Loading...
HomeMy WebLinkAbout FULL PACKET_2011-06-06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 16, 2011 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:14 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (6:23 P.M.) CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:17 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council The Closed Session Meeting time and location were changed to 6:00 p.m. in the Council Chamber. Mayor Pro Tern Alvarez called to order the Closed Session Meeting of the City Council at 6:14 p.m. Councilmember Bustamante motioned to recess the meeting to take place immediately after the Regular Meeting of the City Council in Room 147; seconded by Councilmember Benavides. Motion carried 6- 0 (Pulido absent). INVOCATION DAVE TEMPLE, POLICE CHAPLAIN PLEDGE OF ALLEGIANCE COUNCILMEMBER MARTINEZ PUBLIC COMMENTS • Matt Rosel representing Animal Defenders International spoke in opposition to the elephant rides at the Santa Ana Zoo. CITY COUNCIL MINUTES 1 MAY 16, 2011 1 0A -1 • Judy Edge, thanked retiring City Manager David Ream for his service to the community and wished him well upon his retirement. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 25J with the following modifications: • Councilmember Sarmiento abstained on item 23A due to a potential conflict of interest.* MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) None (0) None (0)* Pulido (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF MAY 2, 2011 MEETING - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF MAY 9, 2011 MEETING - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCESISECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. CITY COUNCIL MINUTES 2 MAY 16, 2011 1 0A -2 11A SECOND READING ORDINANCE - ZONING ORDINANCE AMENDMENT NO. 2011 -02 TO ALLOW HEALTH CLUBS IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT - 1945 EAST SEVENTEENTH STREET, UNIT 103 - Planning and Building Agency Placed on first reading at the May 2, 2011 City Council meeting and approved by a vote of 6 -0 (Pulido absent). Published in the Orange County Reporter on May 6, 2011. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2819 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING GYMNASIUMS AND HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011 -02) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None 19B EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ACCEPT THE 2010 -11 CLICK -IT OR TICKET MINI -GRANT AWARD - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -191 - Accepting the 2010 -11 Click -It or Ticket Mini -Grant award in an amount of $8,064 into the revenue account and appropriate same into the 2010 Click -It or Ticket Mini -Grant Overtime expenditure account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 22B) CITY COUNCIL MINUTES 3 MAY 16, 2011 1 0A -3 22A SPEC. NO. 11 -027 - PERSONAL PROTECTIVE SUITS — Award a contract to Blauer Manufacturing Company in an amount not to exceed $1,004,850 funded by Urban Areas Security Initiative (UASI) - Police Department and Finance & Management Services 22B SPEC. NO. 06 -059, 06 -168 - POLICE AND FIRE DEPARTMENT UNIFORMS — Renew the contracts with Carmen's Uniforms, Inc. and Galls, an Aramark Co., LLC for a one -year period in an annual aggregate amount not to exceed $190,000 - Police Department, Fire Department, Finance & Management Services PROJECTSICHANGE ORDERS 23A PARKING LOT AND PARKS IMPROVEMENTS (PROJECT NOS. 117530, 118014, 107560, 107559, 112607, 117529, 117534 and 117535) AND COOPERATIVE AGREEMENT - Public Works Agency; Parks, Recreation, and Community Services; Community Development Agency MOTION: 1. Award a contract to Ben's Asphalt, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $879,621.50 for construction of Parking Lot and Parks Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,120,000. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 — 200 - Recognizing $55,286 in the Parks Acquisition & Development Fund Account for Sandpointe Park Pavement Improvements. 4. Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -129 - With the Community Redevelopment Agency of the City of Santa Ana (Agency) in an amount of $262,725. Councilmember Sarmiento abstained on Item 23A due to a potential conflict of interest. CITY COUNCIL MINUTES 4 MAY 16, 2011 1 0A -4 23B CONTRACT AWARD FOR CONCRETE STREET WATER MAIN IMPROVEMENT (PROJECT NO. 116406) - Public Works Agency MOTION: 1. Award a contract to Kana Pipeline, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $723,755 for construction of Concrete Street Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $904,700. 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 and/or actions as noted on the Request for Council Action report. (Item 25A through 25J) 25A AGMT NO. 2011 -130 - GEOFILE DATASET MAINTENANCE - Execute an amendment with GIS Data Resources Inc. in an aggregate amount not to exceed $32,500 - Fire Department 25B AGMT NO. 2011 -131 - COMPREHENSIVE PHYSICAL EVALUATIONS, HEALTH SCREENING AND VACCINATIONS - Execute an amendment with Tustin - Irvine Medical Group in an amount not to exceed $70,000 - Fire Department and Personnel Services Agency 25C AGMT NO. 2011 -132 - COMPREHENSIVE PHYSICAL EVALUATIONS AND HEALTH SCREENING - Execute an amendment with Pulmonary Consultants and Primary Care Physicians Medical Group, Inc. in an amount not to exceed $30,000 - Fire Department and Police Department 25D AGMT NO. 2011 -133 - INFORMATION TECHNOLOGY AND COMPUTER SUPPORT SERVICES - Execute an amendment with Sapphire Technologies in an amount not to exceed $192,000 - Fire Department 25E AGMT NO. 2011 -134 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -01 - With John M. and Ann P. Coil for the CITY COUNCIL MINUTES 5 MAY 16, 2011 1 0A -5 structure located at 2024 North Victoria Drive (Hammond -Haan House) - Planning and Building Agency 25F AGMT NO. 2011 -135 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -03 - With John L. Novak and Michelle D. Light for the structure located at 321 East Eighth Street (Chilton House) - Planning and Building Agency 25G AGMT NO. 2011 -136 - ENVIRONMENTAL SERVICES - Execute an agreement with ICF International in an amount not to exceed $204,122 for a proposed residential development located at 200 East First American Way - Planning and Building Agency 25H AGMT NO. 2011 -137 — GO LOCAL PROGRAM TRANSIT MANAGEMENT (PROJECT NO. 092505) - Execute an amendment with Cindy Krebs Consulting, Inc. to exercise the one -year option to extend the contract in an amount of $162,000 for a total contract amount of $480,000 - Public Works Agency 251 AGMT NO. 2011 -138 - SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) - With Xavier Rodriguez, dba Centro Natural de Salud, tenant of the property located at 828 North Bristol Street, Suite 101 in an amount of $17,992.50 - Public Works Agency 25J SENIOR MOBILITY PROGRAMS - Parks, Recreation & Community Services Agency • AGMT NO. 2011 -139 - With the Orange County Transportation Authority in the annual amount of $167,850 to provide the Senior Mobility Program for a five -year period. • AGMT NO. 2011 -140 - With the Orange County Transportation Authority in the annual amount of $71,848 to provide the Senior Mobility Program at the Vietnamese Community of Orange County for a five -year period. * *END OF CONSENT CALENDAR ** Mayor Pulido joined the meeting at 6:23 p.m. CITY COUNCIL MINUTES 1 DA6 MAY 16, 2011 BUSINESS CALENDAR RESOLUTIONS 55A AFFIRM CONSISTENCY BETWEEN THE CITY'S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE CIRCULATION ELEMENT OF THE CITY OF SANTA ANA AND THE MASTER PLAN OF ARTERIAL HIGHWAYS MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED AT 6:23 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY; THE CITY COUNCIL MEETING RECONVENED AT 6:24 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WSA PROPOSED FY 2011 -2012 BUDGET - Finance & Management Services FY 11 -12 City Manager's Proposed Budget Economic outlook -Economy showing mixed signs of a recovery -Sales tax revenues will experience growth -Continued depressed home values -Property tax revenues to remain flat -Second highest unemployment rate in the County (14.3% per EDD 3/11) CITY COUNCIL MINUTES 7 MAY 16, 2011 1 0A -7 State Budget Impacts -State on -going structural deficit -Proposal to eliminate local Redevelopment funds Governmental Funds Revenue Sources FY 2011 -2012 Estimated Revenues: $ 440,323,344 Fund Balance: 19,038,546 Total Revenue Sources: S 459,361,890 Capital Projects- Grants & Misc. $22,631,880 (5.1%) Special Revenue Fund $23,805,926 (5.4 %) Housing Assistance $34,896,835 (72%) Other Enterprise Funds $35,107,685 (8.01/o1 Water CDBG and Other Grants Redevelopment Taxes $53.597.410 12.2 I GF Related Special Revenues General Fund Governmental Funds Appropriations FY 2011 -2012 $459,361,890 CDBG & Other Grants GF Related Special Revenue Fund Special Revenue Fund $29,165,730 (6.5 %) Assistance Other Enterprise Funds General Fund $42,739,745 (9.3 %) (Indudes Transfers) $210,013,205 (45.7 %) Capital Projects $25,430,755 (5.5%) Water Enterprise $49,263,465 (10.7 %) I Redevelopment Agency $50,566,580 (11.0 %) CITY COUNCIL MINUTES 8 MAY 16, 2011 1 0A -8 2011/12 General Fund Prior Year Budget Challenges 50 45 40 35 N 4 30 g 25 H 20 15 10 5 0 FY 2009 -10 FY 2010 -11 FY 2011.12 2011 -2012 General Fund Budget Revenues: $196AM Expenditures: $210.OM Budget Deficit: 13.6M Budget Balancing Strategies: EMT cost saving strategies $1.4M Shut down of expenditures throughout the year $3.OM Anticipated vacancy savings $1.OM Borrowing of Internal Service Funds $8.2M General Fund 11 Revenue Sources FY 2011 -2012 Estimated Revenues: $210,013,205 Hotel Visitors' Tax Franchise Fees $6,600.000 (3.1% $2,820,750 (1.3 %) Charges for Services &Fees $8,491,164 4.0%) Sales Tax Business Tax $35,957,909 (17.1 %) $10,050,000 f4.8° /6)_J Licenses, Permits & Fines CITY COUNCIL MINUTES 9 MAY 16, 2011 1 0A -9 General Fund 11 Appropriations FY 2011 -2012 S 210,013,205 Public Works Agency $4,674,000 (2.2%) Planning S Buildng Clark of the Council $64445 (0.3 %) $8,323,215 (4.0%) Finance 5 Mgmt. Services Personnel $1,480,135 (0.7 %) Parks E Recreation $3,953,370 (1.9 %) $16,412,720 (7.8%) Bowers Museum $1,809,505 (0.9 %) City Manager $1,925,130 (0.9 %) ¢ All Others s City Attorney $2,081,395 (1.0 %) i $23,902,120 {11.4Y.) Police Department Transfers $104,594,640 (49.8 %) $2,800,000 (t.3 %) Fire Departrnent $48,153,140 (22.91A) Nan- Daparinentar $13,161,730 (6.3X) ' Includes $9,064,575 Po ce Building Debt Service Number of Full -Time Employees FY 87 -88 through FYI 1 --1Z or- ail- ay- tau- a,- 92- 93- 94- 95- 98- 97- 98- 99- 00- 01- 02- 03- 04- 05- 06- 07- 08- 09- 10- •11- 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 Note: Since FY8748 workforce has decreased over 17% FIT Employees Detention Staff (when excluding detention staff). Annual Totals Include Grant Funded Positions CITY COUNCIL MINUTES 10 MAY 16, 2011 1 0A -10 Proposed Workforce Changes Changes in full -time workforce • Eliminate 3 full -time vacant positions Reallocations: Include approximately 10 position reallocations which allow for: • Reorganization throughout the Finance & Mgmt Services Agency • Reclassification of positions to actual work role and function New and modified fees • Two new fees: — Special Event Paramedic Standby — Inmate Cash Card • Modifications to 6 fees: — Facility Rental — FD Medical Supplies (i.e. Medications) — Recreation and Special Events — Metered Water & Sewer Service 2011/12 CIP • Neighborhood Improvements $2,275,000 • Arterial Improvements $6,816,125 • Traffic Improvements $8,429,130 • Infrastructure Improvements $4,750,000 • Park Improvements $8,063,998 TOTAL FY 11/12 CIP: $30,334,253 TOTAL 7 -YEAR CIP: $120,210,976 COMMENTS 90A CITY MANAGER'S COMMENTS — Nothing to report. SPECIAL PRESENTATION PROCLAMATION by the Santa Ana City Council to retiring City Manager David N. Ream for his exceptional service to the Santa Ana community for more than 33 years. 90B CITY COLINCILMEMBER COMMENTS Councilmember Benavides: • Noted his gratitude towards retiring City Manager David Ream; thousands of lives touched through his efforts; thanked his family for their support; and wished him well in his retirement. CITY COUNCIL MINUTES 11 MAY 16, 2011 1 0A -11 Mayor Pro Tern Alvarez: • Thanked David Ream for his service; much appreciated by the executive members of the City, and current and past City Council members; reflected on his many adages; and • Congratulated Interim City Manager Paul Walters. Councilmember Sarmiento: • Valued David Ream's historical perspective of the City; accomplishments, integrity, and institutional knowledge of the City. Councilmember Martinez: • Much appreciated David Ream's service to the City; have personally known for many years and has been a great mentor; improvements throughout the City, most notably Bristol Street widening project, due to his vision and leadership; • Wished colleagues Sarmiento and Bustamante, respectively, a belated and happy birthday; • Announced that it was Bike -to -Work week (sponsored by OCTA); and • Commented on Mother's Day this past weekend; applauded fellow Council Members for prioritizing life demands and continuing to make their families come first. Councilmember Bustamante: • Appreciated the civic education learned from David Ream; has been leader in our community for more than three decades; and congratulated him on his upcoming retirement. Mayor Pulido: • Efforts made by David Ream evident all throughout the City; proud of his many accomplishments; and wished him well. REGULAR MEETING RECESSED AT 7:16 P.M. TO THE CLOSED SESSION MEETING IN ROOM 147, SAME MEMBERS PRESENT PUBLIC COMMENTS - None CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Candilla vs City of Santa Ana CITY COUNCIL MINUTES 12 MAY 16, 2011 1 0A -12 C 1C im CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) — One Case. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Fireman's Benevolent Management Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: City Manager, Dave N. Ream Employee Organizations: Executive Management (EM) PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney; and City Manager CLOSED SESSION REPORT — Nothing to report. ADJOURNED - 7:38 p.m. - The next meeting of the City Council is scheduled for Monday, June 6, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria Huizar Clerk of the Council CITY COUNCIL MINUTES 13 1 0A -13 MAY 16, 2011 1 0A -14 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting March 22, 2011 CALL TO ORDER The meeting was convened at 5:50 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd, Commander Ken Gominsky, Assistant City Attorney Ryan Hodge, Interim City Attorney Joe Straka, PIS Yolanda Pena and Loretta Tafoya, Recording Secretary. Public sign -ins: Jose Andrade, Sam Romero, Frank Palmer, Vicky Baxter, Andrew Galvin, Connie Hamilton, Carl Benninger, Rosalia Rinon, Alicia Ochoa, Sergio Hernandez, Esther Trinidad, Dennis Lluy, Ryan Chase, Davin Gumm, Mark Gumm, Addison Yaggers, Philip deLara, Dr. Carter Dewberry, Adela Montanez, Laura Garcia, Teresa Andrade, Ofelia Balbuena, Maria Andrade, Nathan Villa, Chris Blair, Omar Damian, Steve Guzman, Gabriela Penonori, George Mendoza, Lavin Partola, Ana Carricchi, Arthur Sandoval, Jefferey Hoen, Ali Akabarzajeh, Sean Coolidge, Lizbeth Lopez -Diaz, Matt Ortiz, Diana Markessinis, Irving, Chris. SUMMARY OF DISCUSSIONS PUBLIC COMMENTS Committee Member Alvarez started with Public Comments due to the large attendance. Committee Member Sal Tinajero translated in Spanish. Steve Guzman from a non - profit organization "Turkey and France" stated they raise money for various organizations. He supports serving alcohol at the YOST Theater to help with raising more funds. Dennis Lluv representing YOST Theater is supporting the ordinance and stated the Theater supports the Police Department with all regulations. Mr. Lluv recognized that public safety is the top priority. Sam Romero is concerned for the surrounding neighborhood. He stated there is a methadone clinic, halfway house, and bars in that area. He is very concerned about having a nightclub added to the Community. He would like education made a priority. A citizen commented on the Committee not following the agenda. Committee Member Alvarez explained, due to the large attendance, it was best to have the Public Comments be addressed first. This would give those wanting to be present solely for the Public Comment agenda item, the option to leave in lieu of staying for the entire meeting Dr. Carter Dewberry lives in the lofts and she was expressing her support of the dance ordinance revisions which will add structure to the current ordinance. Frank Palmer stated he was confused with the changes. Committee Member Claudia Alvarez asked him what copy of ordinance he had. She explained to him that Commander Gominsky was going to present the revisions of the ordinance after the public comments. Mr. Palmer stated he would have liked that item to have been presented prior to the comments from the public being heard. A resident from Pacific Building stated that she understands what the YOST is doing. She thinks it will help the Community. Rosalva Pena from Latino Health Access said she works with youth on prevention. She is worried about adding "all- ages" to the new ordinance. It would be a huge blow to the work she does. George Mendoza just opened a barbershop and has met with many youth from the neighborhood. He feels like the YOST would give the youth alternatives. He felt it would be better than kids drinking and partying in the street. He feels the YOST would help the youth have fun while they are being supervised. Raul Morales stated he has been a promoter for quite some time. He believes YOST will be a safe place for the youth because they are not being properly supervised in the areas where they currently gather. 13C -1 Laura Garcia would like the Public Safety Meeting held at a later hour so more residents can attend after work. She is also against the new ordinance. She would like the City to have more places for the youth to learn. She asked why YOST couldn't prohibit liquor. Another resident said he was worried the youth would get intoxicated before they arrived at the YOST Theater. Ryan Chase stated he supports the new ordinance and YOST. He feels it will draw people from the entire County and bring revenue to the City. He intends to make security a priority. Alda stated the City needs to continue the curfew and keep the nightclub age at 18 years. Valerie Gallegos supports YOST. She feels that kids will drink and get into trouble with or without the YOST Theater. Adela likes the Dance Ordinance but doesn't want the YOST Theater to serve alcohol when the youth are present. Nathan Padilla stated the YOST will improve Santa Ana. Jose Hernandez is concerned with the legal age and also stated the City needs the revenue. Addison Jagger is proud of the City and how it is growing with nice restaurants. Latrin Patohas is worried about merchants on one side and families on the other side. She wants a safe and healthy place for children. Sean Coolidge stated the Community will grow with new businesses. Ruth Beck is upset with the Spanish translation being inadequate. She is worried that citizens attending the meeting are unable to understand what is being said. David Corone is in the music business that promotes an all -age venue. He explained that alcohol provides revenue. The youth will be well supervised and kept away from the alcohol. Rebecca White said YOST would help kids because Dennis has helped her to change her life by giving her alternatives to drugs and alcohol. She suggested that YOST Theater should get involved with the local associations. Maria Andrade said it would be better if neighborhoods knew about this issue. She believes that citizens want to be a part of this process. Alise Ochoa worries about youth being allowed to drink alcohol and asked who will be taking the kids home after the party since it would be after curfew. Efron said the music is good for the youth. It will give them something to do since they enjoy dancing and music. He says Koos Cafe has started to help youth and the Community and intends to be a mentor. Omar Damian grew up in Santa Ana and wants residents to open their minds. He feels music won't promote drinking. Ignacio said music is beautiful but its impact varies with age groups. He is afraid kids will drink more if alcohol is served when the youth are around. Steve Fish from the Artist Village said the neighborhood has improved with new restaurants. Kids will be privileged to see the performers that will be involved with the YOST Theater. Estead Gomida doesn't understand why we have Koos Cafe when they have had violations in their other locations. Raymond Garcia said families need to take kids to the programs and feels it is more positive than negative. 2. APPROVAL OF MINUTES Minutes approved of the November 30, 2010 meeting. 3. DOWNTOWN DANCE ORDINACE Chief Walters explained that the Police Department is researching other Cities for information regarding other dance ordinances and will present that information to the Public Safety Committee. He has personally visited the downtown area and has spoken with various business owners. Committee Member Claudia Alvarez stated Senator Lou Correa is not in support of the all age Dance Ordinance. Commander Ken Gominsky made a presentation on possible changes to the dance ordinance: • Updated lighting, posting of permit, loud music and necessity for security guard (s). • Nightclub shall be defined as "a public place open to patrons over the age of 21 years of age for entertainment primarily during the evening hours wherein liquor and food may be served providing and an area for public dancing." • Clarified the One -day Dance Permit. Open to the public with or without payment of an admittance fee. Location of event must have received prior approval from the City Planning & Building Agency and Fire Department to conduct these functions. • Deleted "Prohibition against issuing a pass -out check ". Registration by patron and alcoholic beverages restrictions in a Public Dance Hall. • Possible new regulations: Qualified on -site manager (background check), Queuing, security plan, alcohol server training, ID scanner to verify age, closed circuit television system, and cost recovery fee. • Administrative Citation $100 - $500, subsequent violations may be upgraded to criminal citation or arrest. Criminal citation has an arraignment court date and possible fine /or probation with conviction. 2 13C -2 • Enforcement Options: "In the event any person holding a permit under this chapter shall violate any provision of this chapter or shall permit or allow any illegal or disorderly conduct in said dancing place, the Chief of Police may revoke or condition such permit by giving written notice of the revocation or condition to the holder of such permit ". • Any person aggrieved by the decision of the Chief of Police to revoke or condition said permit may appeal as provided in Chapter 3 of the Santa Ana Municipal code. • Downtown dance designated geographical areas. Any type of ABC license and no minimum size kitchen or dance floor. • The boundaries of the Downtown Zone and Urban Center zone of the new transit zoning code. Concert Venue Permit is Downtown Zone only. Only establishment over 11 sq. feet, no minimum kitchen or dance floor size. 4. COMMITTEE MEMBER COMMENTS Committee member Claudia Alvarez stated the Committee will be checking with other venues to see if they had previous problems. She also wanted to get a definition of "Guardian ". Committee member David Benavides stated the businesses will also be responsible for clients that leave their business. He also reminded the public that the Chief can cancel the permit anytime. Committee member Claudia Alvarez wants to see a number on how we would cancel this. She wants a threshold number and to remove dance floor footage. She also asked about the "no -age" restriction. Can we combine concert venue permit and dance permit? Committee member Alvarez would like the "Ordinance Sunset" after one year. She wants more details on results of calls for service. Asked that research be done on the Grove and review at next presentation. Committee Member David Benavides asked for a clarification on the difference between "Dance Permit" and "Concert Venue Permit." Committee Member Claudia Alvarez wants Ryan Hodge to fix the language in the Ordinance. 5. ITEMS FOR NEXT MEETING A. Building Healthy Communities B. Jessica's Law C. Release of Prisoners D. Downtown Dance Ordinance NEXT MEETING DATE - Tuesday, May 24, 2011, 5:30 pm, Santa Ana Police Facility, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. 4URNM��8:30 P.M. P LTERS Chief of Police 13C -3 13C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15i Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: June 1, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1, 2009 and prior Correspondence/ June 1. 2009 Chronological Files Councilmember Self- explanatory and prior Council Requests Mayor Inquiries processed for Mayor June 1, 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1. 2009 and prior Correspondence General Correspondence Self- explanatory June 1, 2009 and prior Staff Inquiries processed for Staff June 1. 2009 and prior Monthly Status City Manager Self- explanatory June 1, 2009 Reports and prior Payroll Records Council /Staff Self- explanatory June 1. 2009 and prior June 1, 2009 Travel Folders Council /Staff Self- explanatory and prior APPROVE: CONSENT: Paul M Walters Date J oseph Straka ate City Manager Interim City Attor y --------------------------------------------- - - - - -- RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -3 AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Joseph Straka, Interim City Attorney City Attorney's Office From: Kathie S. Gonzalez, Executive Director Personnel Services Department, M24 Date: May 10, 2011 I 1 y 1:? PH 19: 34 V Re: REQUEST FOR DESTRUCTION OF RECORDS V The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. a f, 19C -4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT gnna PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated May FORMS forms ** 2006 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated May Spending, program ** 2006 and prior Section 125 Life Insurance Employee life insurance enrollment forms ** EE Separated May 2006 and prior Long -Term Employee Long -Term Disability Insurance EE Separated May Disability enrollment forms ** 2006 and prior Insurance Medical Employee medical insurance enrollment EE Separated May Insurance forms ** 2006 and prior EQUAL Employment and Personnel and employment records, EE Separated May EMPLOYMENT personnel including application forms *, records 2006 and prior OPPORTUNITY records pertaining to promotions * *, layoffs * *, COMMISSION terminations * *, salaries ** and training* (EEOC) Involuntary Personnel records of terminated employee ** EE Separated May termination 2006 and prior OFFICIAL Certification/ Request for Certification and /or EE Separated May PERSONNEL Reassignment reassignment forms which document and 2006 and prior FILES Forms authorize hiring, reassignment, cr other employee actions. ** Certificates of Certificates issued to EE which show EE Separated May Training completion date of training class(es).* 2006 and prior Commendation Letters of commendation and /or other EE Separated May Letters congratulatory documents received by and /or 2006 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated May Actions proposed and /or implemented disciplinary 2006 and prior action(s). ** Doctor's Notes/ Notes /medical release forms, etc., submitted EE Separated May Medical regarding employee's medical condition. ** 2006 and prior Releases Drug Screen Pre - placement and drug screening EE Separated May Test authorization and acknowledgement form(s) 2006 and prior and results of drug screening. ** 19C -5 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated May PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2006 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records /documents relating to medical certifications. ** Job Application Applications for employment and resumes (if EE Separated May any) for hired employees.* 2006 and prior Medical Leave of Leave of Absence forms used in the EE Separated May Absences ** documentation of medical leave (including 2006 and prior pregnancy leave and Family and Medical Leave). ** Miscellaneous Documents not specifically mentioned but EE Separated May Documents kept in official personnel file. * ** 2006 and prior Notice of Form completed by employee and /or EE Separated May Separation department indicating effective date of 2006 and prior separation, last day on the job, reason for separation, etc. ** Oath of Office Form completed and signed by employee EE Separated May affirming allegiance to the Constitution of the 2006 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated May Employment employee to be engaged in outside 2006 and prior _ employment.* Performance Employee performance evaluation forms EE Separated May Evaluations completed by supervisory personnel re 2006 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated May Enrollment Employees' Retirement System (PERS) ** 2006 and prior Pre - Employment Forms completed by employee and medical EE Separated May Medical clinic to assess physical capability of 2006 and prior _ employee prior to hiring. ** Security Check Form completed by Personnel Svcs to EE Separated May Form request Police Dept to conduct security 2006 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated May DMV, accredited schools, etc., verifying 2006 and prior employee meets certain job - related _ requirements.* Tuition Copies of applications for training and EE Separated May Reimbursement educational assistance which show EE 2006 and prior Request request, department head approval, and final disposition of request.* 19C -6 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated May PERSONNEL Donation Form hours be donated to the Union Business 2006 and prior FILES Leave Bank to be used by union leaders for Union Business.* W -4 form Employee's Withholding Allowance EE Separated May Certificate completed by EE authorizing 2006 and prior employer to withhold Federal income tax from employee's pay and /or for indicating exemption. ** Please see attached spreadsheet, dated May 10, 2011, listing personnel files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged * ** If non - medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. Susan Wa hen for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes 19C -7 CONSENT BY: 411 It Kathie S. Gonzalez Date Executive Director of Personnel Services APPROVED BY: seph traka Date Interim City Attorney 19C -8 u O o 0 0 _O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 C N1 Vl V W 4 W n O r 00 W) � O Vl L V'1 M 7 Vl d' "T v1 cf 7 V'1 7 V) 7 Wl 7 7 ul v1 v) W) h R a O O O O O O O O O O O O O Cl O O O Cl O O O O u U .y o.. tz a a w a a a o a E r O U C (n c u 'O C �C O C > ro C C .D N yv •-. 'v 'O aCi .9 C d 3 C 7 d N OA U N .N cG N N L E 'N L m > ti U C O C ro W O w O O °U p .� 'd .0 O v bA O bA bA O U i at d 0. W w � u p u � .D .-. L N v'1 C1 O m 00 f1 vl n Ic vl C E 00 v1 r- 00 O vl O N - rh vl v1 V N o0 N !` �• O v1 " O O M N 7 rr7 O 7 O M O ,-. O M O ,-• N O M 00 7 7 �7• 7 f` 7 00 V -'Y w z �• O 0 0 0 0 0 0 0 V O O O D, O O 7 O O v1 O O O O M N O cz C13 v b • b � ti � � vi � W � �- °: ° 0.'1 v C o N s O ro u vpi O O i vi 7 cC L p C .._, L c'o b ME m CD a� W ro U N ro 2 vi o a N aj vi a c E> O N = �-ro O bA ° w ro O cli c 'v ° a°i [i Z .c Y aNi _own v N v m v aNi cron N O C/D cn 19C -8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 20 6 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ April 2008 and prior Materials implementation of recruitments. ** Bilingual Forms certifying bilingual capabilitiesfer April 2008 and prior Certification employees FeGeiViRg biliRgual pay apAfor Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at April 2008 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by April 2008 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of April 2008 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only - original signed eligible lists are with recruitment file folder (according to classification title)). ** See attached spreadsheet, dated May 10, 2011, with recruitment files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: Susan Wathen for bate Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes 19C -9 CONSENT BY: l r Kathie S. Gonzalez bate Executive Director of Personnel Services APPROVED BY: Oterim ep Straka Date City Attorney 19C -10 70 — 2 a) m () C-) Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q zzzzzzzzz �UZZZZZZZZZ U � cu m � t/) 00 00 00 00 00c 00 00 m C) 0 0 0 o O z 0 0 C wOo000000Oo00 o O C) O O o CD Oo (D LL' • N N ti �- O CO 00 N N A M N N O I O O u LLJ \ \ \ \ u) -- \ \ 1 Q \ \ Q Z O \ L" O \ U) \ Lo \ Lo N \ � N . \ `ct \ � O O O O O O Z O O 0 0 0 0 0 0 0 C) J .O N m 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 fa to C) O C O �- LO � 00 00 LO � L u ) � � O O O O O � � m M w CO � O U CM LO M — LO N M N t- N N O M - M (D Cl) (D CO O M CD � �- N O M � x- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 C) 00 0 00 0 00 0 00 0 00 0 00 0 co 0 00 0 00 0 ti 0 ti 0 00 0 ti 0 00 0 00 0 00 0 r- 0 Q O M M O , m N N O 00 N m N N O LO N M O O O O It O M O M O O a(D 0 0 �_ 0 0) 0 0 0 0 CD 0 0 0 0 0 C) 0 C r✓ J N O N L U C p N C L cu to C: C: v! G LD `i^Z V / p Q cn > U CD to L f6 C O 72 p a) 0) O O O m f6 Q m m _ Q' 0) — —_ —_ a) — U — — O N N N C�6 (Q fn L 0) L 0) C " 0 Y N Cn L) .- fq C U Q (� (� N N C• O (II 'a 'a dj c 'U N> >O m-0 Q Q N N O C p C C O V 0 N � C W .0 d Y O O D U U) U) r w cu Q- fn U) U CU N 0) w `� CB 'm O - C) N .- w CII N cm cu cm C C_ C aaa00ag L i ., C a) L L L O O LO N N .N N 'O 0 7 0) L 7 O O -0 N .0 m L- •U U C C C N O O L >` N c� U Q Q m m LL 2 2 J N a O a O a N (n N (n N" (n (n > >> > 4= Q o O _ m c r_ cu (D 3 E a L 0) U O m C a) -0 00 C? 00 0 00 0 CO 00 00 00 CO 00 Q �+ m m m m m m m m (Q 1 1 0 1 0 1 0 1 0 1 0 1 0 1 L 00 0 0 0 0 0 0 0 0 O Q I— m z 1� 00 f� O O M M O Cl 1 (D 1 1 O 1 N '4 C4 O 1 1 c (D (O I--- U') (D I-- ti O a. d' - LO O 19C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL SERVICES FOR SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide planning and environmental services for the update of the Santa Ana General Plan Circulation Element. DISCUSSION Assembly Bill 1358, the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. The State legislature enacted this law to help fulfill the commitment to reduce greenhouse gas emissions through efficient use of urban land and transportation infrastructure. The need to update Santa Ana's Circulation Element in order to incorporate the Fixed Guideway project and its California Environmental Quality Act analysis requires that the City perform a comprehensive update to the Circulation Element, thereby triggering the Complete Streets requirement. Staff is requesting authorization to distribute a Request for Proposals (Exhibit 1) for planning and environmental services to prepare this update. The full cost of the contract will be paid for with City transportation funds and grants applications. The recommended contract will be submitted for City Council authorization after review of the proposal has been completed. 1901-1 Request for Proposals for Planning and Environmental Services for General Plan Circulation Element Update June 6, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. JEM�. Trevino Executive Director Planning and Building Agency — rozh0q-T Raul Godinez II Executive Directo Public Works Agency MM:rb mm: GenPlan Updates/ CirculationElemenVCE _RFP_RFCA_cc Exhibit: 1. Request for Proposal MOI MA REQUEST FOR PROPOSAL Santa Ana General Plan Circulation Element Update CITY OF SANTA ANA PLANNING DIVISION, M -20 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 Melanie McCann, Associate Planner (714) 667 -2746 (714) 973 -1461 Fax mmccann @santa - ana.org EXHIBIT 1 i 19D -3 REQUEST FOR PROPOSAL (RFP) I. INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of a comprehensive General Plan Circulation Element Update. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach to develop the Circulation Element Update and related compliance with CEQA and /or NEPA (if required). This will include preparation of required technical studies, design and implementation of a community outreach program, on -call consulting on as needed basis, and attendance at public hearings. II. PROJECT DESCRIPTION Assembly Bill 1358, the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. The State legislature enacted this law to help fulfill the commitment to reduce greenhouse gas emissions through efficient use of urban land and transportation infrastructure. The need to update Santa Ana's Circulation Element in order to incorporate the Fixed Guideway project and its California Environmental Quality Act analysis requires that the City perform a comprehensive update to the Circulation Element, thereby triggering the Complete Streets requirement. To maintain internal consistency, updates to other General Plan elements may included in the scope as necessary. Staff is authorized by the City Council to distribute this Request for Proposals for planning and environmental services to prepare this update. The recommended contract will be submitted for City Council authorization after review of the proposal has been completed. III. GENERAL INFORMATION The term of the consultant will begin when the proposal is approved by the Executive Directors of the City of Santa Ana's Planning & Building Agency and Public Works Agency. A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental documents. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference, quality and prices being equal. D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. 2 19D -4 E. All data, documents and other products used or developed during preparation or the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFQ may do so after Consultant selection. F. 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 will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City. COORDINATION Coordination with the City, other consultants and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBILITIES The selected Consultant will be required to assume responsibilities for all services in their 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 Agreement. RULES FOR PROPOSALS The signer of the RFP 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. IV. SCOPE OF SERVICES The Consultant shall provide planning and technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. 3 19D -5 Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. The updated Circulation Element shall further plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel. These transportation users include bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. As part of the proposed comprehensive Circulation Element Update, the following shall be addressed: A. Develop a Public Outreach Program to educate and engage in developing a Complete Street vision for Santa Ana. The Outreach Program is to include a 2 -day National Complete Streets Coalition Workshop (already funded through a local Santa Ana organization). The program should also identify opportunities for the Circulation Element Update public outreach to build on and complement the Harbor Corridor Plan outreach http://www.ci.santa - ana.ca.us/harborplan/ and other Santa Ana Transit Vision efforts such as the Fixed Guideway and Santa Ana Regional Transportation Center (SARTC) Master Plan http:// santaanatransitvision .com /index.html. The outreach program shall also include recommendations for the design and maintenance of a City website to communicate Circulation Element activities, and interface with other related City land use and transportation planning efforts. Outreach flyers, and educational material shall be bilingual or trilingual (English, Spanish, Vietnamese) as needed; as well as translators for community workshops. B. Update the Santa Ana Circulation Element goals, policies and programs to promote a "complete streets" balanced, multimodal transportation network to serve Santa Ana's existing and anticipated growth projections and General Plan Land Use Plan. The updated Circulation Element shall incorporate the Santa Ana /Garden Grove Go Local Program, as well the proposed Public Transit (Bus) Routes and /or anticipated Bus Rapid Transit (BRT) routes for travel corridors. C. Review all existing Santa Ana Circulation Element exhibits and update as necessary. Include an exhibit/map for the recently updated Santa Ana Signal Master Plan. Areas considered for quiet zones along railway shall also be identified. D. Evaluate the Master Plan of Streets and Highways (MPSH) for possible modification or street reclassification. Compare the MPSH with the Master Plan of Arterial Highway (MPAH) and the California Road System (CRS) for consistency, and identify potential needs for updating. Develop new street standards including sidewalks as appropriate. E. Bicycle and Pedestrian Master Plan Task Options. The City has applied for grant funding to update the City's Bicycle Master Plan and prepare a Pedestrian Master Plan. Pending the award of funding, the scope will include either Option 1) integration of the Bikeway and Pedestrian Master Plans done by others into the Circulation Element; or Option 2) update of the City's existing Bicycle Master Plan and creation of a Pedestrian Master Plan . 4 19D -6 F. Identify any other studies, tasks or data collection efforts recommended for use to prepare or amend the Circulation Element. G. CEQA Compliance It shall be the responsibility of the selected consultant to prepare the appropriate environmental documentation for the Circulation Element update in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. H. Attendance at Meetings The scope of services requires the selected consultant to work closely with staff in preparing the update to the Circulation Element. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick -off meeting with City staff 2 Community workshops 16 Monthly progress meetings with staff 2 Planning Commission study sessions 3 Orange County Transportation Authority 1 City Council study session 2 Planning Commission hearings 2 City Council hearings 2 Environmental Transportation Committee (ETAC) study session 2 Complete Street Advisory Committee meeting Deliverables 1 per submittal Preliminary Draft Circulation Element with Technical Appendices (assume three review cycles) 10 Final Draft Circulation Element (for public review) 10 Final Circulation Element 1 per submittal Electronic files (Print quality pdf, web ready pdf, editable file) GIS Shapefiles of final product, or interim products upon request Note: Prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. V. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, OCTA and other involved agencies' policies, procedures and standards. VI. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 on June 27, 2011 by 5pm, and made attention to Melanie McCann at (714) 667 -2746. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non - responsive. 5 19D -7 VIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager /Principal Agent's contact information for the proposed work shall be identified and associates in- charge when Project Manger /Principal Agent is absent as well as that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified and are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Five (5) copies of the RFP shall be signed by a company official with the power to bind the company. b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. OJ B. Fee Schedule A fee proposal is to be submitted separately in a sealed envelope plainly labeled "Fee Proposal ". The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for the prime consultant and any subconsultants with an hourly billing rate for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. The fee proposal will not be opened until the consultants have been evaluated by the proposal selection committee. In conformance with the Brooks Act, the City will select the consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the not -to- exceed cost submitted in the fee proposal. The City reserves the right to a retainer to ensure project delivery. C. Insurance Requirements - All required insurance must be current and up -to -date in advance and renewed annually. A consultant may not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Staff. D. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. VII. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. VIII. CONSULTANT SELECTION The City of Santa Ana will designate a Consultant Selection Committee, which will evaluate each proposal based on technical criteria, staffing and qualifications listed within the RFP and make a selection. Final approval of the selection will be given by the City Council, with contract authorization by the Executive Director of the Planning and Building Agency. IX. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary, as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. X. PROFESSIONAL SERVICES AGREEMENT A sample Professional Services Agreement is enclosed for your review, as Exhibit A. The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. 7 19D -9 XI. INSURANCE REQUIREMENTS A certificate of insurance is enclosed for your reference as Exhibit B. Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The certificate shall include the Cities of Santa Ana and its officers and employees as insured or additional insured. XII. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL Consultant must inform himself /herself fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful Consultant of the obligation to carry out the provisions of the contract. XIII. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. XIV. THE CITY'S AFFIRMATIVE ACTION PROGRAM 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 C, "Certification of Non - Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal. XV. REFERENCES The following are a sample of resources and documents to be referenced for the General Plan Circulation Element Update: City of Santa Ana General Plan http://www.ci. santa - ana .ca.us /generalplan/default.asp 2. City of Santa Ana General Plan Land Use and Circulation Element Update Environmental Impact Report (1998) 3. City of Santa Ana Strategic Bikeway Master Plan (March 21, 2011) 4. Transit Zoning Code (June 20 10) httQ.Ilwww. ci. santa -ana. ca. us/pba/planning /transit zoning code index. asp 5. Metro East Overlay Zone and Public Realm Plan (March 2007) http: / /www.santa- ana. org/ pba/ p lanning/MetroEastMixedUseOverla .aasp 6. Santa Ana and Garden Grove Transit Vision and Go Local Project Concept Study (May 2008) 7. Citywide Design Guidelines (2008) http:// www. ci. santa- ana.ca.us/pba/planninalDesign Guidelines.asp 8 19D -10 8. Orange County Subarea Modeling Guidelines Manual ( December 20 10) 9. Orange County Projections (OCP) 2010 Santa Ana's Employment, Housing and Population by Transportation Analysis Zones (TAZ) 10. Federal Railroad Administration 49 CFR Parts 222 and 229 Use of Locomotive Horns at Higway -Rail Grade Crossing; Final Rule www. fra .dot.gov/rod/freight/1318.shtml 11. OCTA Draft Long Range Transportation Plan (LRTP) 12. Santa Ana Environmental Cumulative Projects List 13. City GIS Shapefiles (TAZ boundaries, Existing and Proposed Class I and Class II Bikeways, etc.) 14. City of Santa Ana's Local Signal Synchronization Plan (December 31, 20 10) M: GenPlanUpdates /CirculationElement/RFP CirMay25.2011 9 19D -11 19D -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES AND PARK ANALYSIS FOR THE MCFADDEN /ORANGE PARK SITE LOCATED ON THE NORTHEAST CORNER OF MCFADDEN AVENUE AND ORANGE AVENUE IA �1? CITY VANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services and a park analysis for proposed park on the northeast corner of McFadden and Orange Avenues. DISCUSSION In 1979, the City licensed approximately 2.6 acres of Centennial Park to Rancho Santiago Community College District ( RSCCD) to build and operate a Career Education Center consistent with the park deed conditions. Centennial Park site was obtained from the Federal Government for recreation purposes and the deed conditions require National Park Service (NPS) approval of any improvements in the park site. The College is proposing to construct a two story classroom building in the licensed area at Centennial Park. NPS indicated the college improvements are not for recreational purposes and provided the option of a Land Conversion to transfer the deed restriction to a new 1.4 acre park site at McFadden and Orange Avenues (Exhibit 1). The land conversion must be of equal recreational value. In order to assess equal recreational value NPS is requesting the following documents be provided before a final decision or approval is granted: 1) An appraisal report on properties, 2) a recreation value report, 3) a soils analysis of the new park site, 4) an environmental assessment, and 5) a legal description /title search of the new site. On February 7, 2011, City Council approved a reimbursement agreement with RSCCD in the amount of $300,000 for the preparation of various documents including an appraisal report which has been completed on both properties. If NPS approves the land conversion option, the City at that time would need to approve the College's request to build the two story classroom building at Centennial Park. This Request for Proposal will retain a consultant to prepare the environmental assessment, soils analysis and park analysis on the McFadden /Orange site. The legal description /title search will be prepared by the Public Works Agency. Once all documents are completed this information will be sent to NPS for determination. 19E -1 Request for Proposals McFadden /Orange Park Site June 6, 2011 Page 2 After reviewing the proposed project, it was determined that a Negative Declaration will be required to meet the requirements of the California Environmental Quality Act (CEQA). A Request for Proposal for consultant services was prepared in conjunction with this project (Exhibit 2). The recommended environmental contract will be submitted for City Council authorization after the review of proposals has been completed. FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning and Building Agency Gerardo �Mouet Executive Director Parks, Recreation & Community Services Agency HS:rb hs: McFadden - Orange _Park_Site /RFP_RFCAccO60611 Exhibit: 1. Site Plan indicating Scope of Work 2. Request for Proposal 19E -2 it # 4p hot I -I • M'm 9 OCT -44 REVISED REQUEST FOR PROPOSAL FOR MCFADDEN /ORANGE PARK SITE June 7, 2011 CITY OF SANTA ANA PLANNING DIVISION, M -20 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 Hally Soboleske, Associate Planner (714) 647 -5842 (714) 973 -1461 Fax hsoboleske @ santa - ana.org EXHIBIT 2 19E -4 REQUEST FOR PROPOSAL (RFP) I. INTRODUCTION The City of Santa Ana is requesting proposals from environmental consulting firms for preparation of a recreational analysis and potential Negative Declaration for the proposed construction of a park on the northeast corner of McFadden and Orange Avenues, parcel number 011- 065 -20. The lot is currently vacant, and is zoned for residential land uses. A zone change and general plan amendment will be required for the land to be converted to a park which must be analyzed via a Negative Declaration. Prior to this, a recreational analysis must be completed for submittal to the National Parks Services. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with CEQA and /or NEPA (if required). This will include preparation of a Negative Declaration and required technical studies, on -call consulting on as needed basis, and potential attendance at public meetings and hearings. II. PROJECT DESCRIPTION In 1979, the City licensed approximately 2.6 acres of Centennial Park to Rancho Santiago Community College District (RSCCD) to build and operate a Career Education Center consistent with the park deed conditions (Exhibit 1). Centennial Park site was obtained from the Federal Government for recreation purposes and the deed conditions require National Park Service (NPS) approval of any improvements in the park site. The College is proposing to construct a 2 story classroom building in the licensed area Centennial Park. NPS indicated the college improvements are not for recreational purposes and provided the option of a Land Conversion to transfer the deed restriction to a new park site at McFadden /Orange (1.4 acres). The land conversion must be of equal recreational value. In order to assess equal recreational value NPS is requesting the following documents be provided before a final decision or approval is granted: 1) An appraisal report on properties, 2) a recreation value report, 3) a soils analysis of the new park site, 4) an environmental assessment, and 5) a legal description /title search of the new site. On February 7, 2011, City Council approved a reimbursement agreement with RSCCD in the amount of $300,000 for the preparation of various documents. The appraisal report is completed on both properties. This Request for Proposal will retain a consultant to prepare the environmental assessment, soils analysis and park analysis on the McFadden /Orange site. The legal description /title search will be prepared by Public Works. Once all documents are completed this information will be sent to NPS for determination. 2 19E -5 III. General Information The term of the consultant will begin when the proposal is approved by the Executive Director of the City of Santa Ana Planning & Building Agency, A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental documents. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference, quality and prices being equal. D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. E. All data, documents and other products used or developed during preparation or the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFQ may do so after Consultant selection. F. 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 will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City. COORDINATION Coordination with the City, other consultants and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. 3 19E -6 PRIME CONSULTANT RESPONSIBILITIES The selected Consultant will be required to assume responsibilities for all services in their 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 Agreement. RULES FOR PROPOSALS The signer of the RFP 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. IV. Scope of Services The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA services provided. Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, preparation of studies and technical reports. INITIATION /KICK OFF MEETING If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. V. Submittal Information and Deadline Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 June 14. 2011 and made attention to Hally Soboleske at (714) 647 -5842 or can be faxed to 714 - 973 -1461. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non - responsive. VI. Submittal Requirements The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. II 19E -7 A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager /Principal Agent's contact information for the proposed work shall be identified and associates in- charge when Project Manger /Principal Agent is absent as well as that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Three (3) copies of the RFP shall be signed by a company official with the power to bind the company. b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. B. Fee Schedule The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, i'' =21001 cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. C. Insurance Requirements - All required insurance must be current and up -to -date in advance and renewed annually. A consultant my not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Staff. D. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. VII. Project Control Control of the project shall remain the total responsibility of the City of Santa Ana. VIII. Consultant Selection The City of Santa Ana along with the project applicant will evaluate each proposal based on technical criteria and qualifications listed within the RFP and make a selection. IX. Method of Payment The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. 2 19E -9 19E -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING FUNDS FROM ONE OC TO PROVIDE SIGNAGE FOR MAPLE STREET BIKE TRAIL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: W =10m ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2" d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $5,000 from One OC in the Recreation Special Fees and Donations revenue account (no. 02213002 57081) and appropriate same to expenditure account (no. 02213200 63001). DISCUSSION The Orange County Nutrition and Physical Activity Collaboration (NuPAC) is a countywide community collaborative of 200 members providing leadership in the areas of nutrition and physical activity. Through this collaborative, the Parks Recreation, and Community Services Agency ( PRCSA) has been awarded a $5,000 NuPAC Obesity Prevention Initiative grant to support improvements at the Maple Street Bike Trail Landscape Project. PRCSA previously received a grant for $285,750 from the Orange County Transportation Authority, for physical improvements to the Maple Street Bike Trail and the One OC grant will complement this effort through the use of signage that will educate the public on the importance of water consumption. Over 1,000 people use the Maple Street Bike Trail each weekday, especially between 3:00 and 4:00 p.m., according to a recent study conducted by PRCSA at this site. The signage will encourage residents to drink tap water for the benefit of their health and will provide information about how residents can save money by drinking tap water - money that can then be used to buy healthy food such as fruits and vegetables. FISCAL IMPACT The appropriation adjustment will recognize $5,000 from One OC in the Recreation Special Fees and Donations revenue account (no. 02213002 57081) and appropriate same to expenditure account (no. 02213200 63001) 117 Gerardo Mouet, Executive Director Parks, Rec. and Com APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Services Agency Finance and Management Services Agency 20A -1 ` ll" REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONTRACT AWARD TO EN POINTE TECHNOLOGIES SALES INC. FOR CISCO INTRUSION PREVENTION SYSTEM (SPEC. NO. 11 -026) CITY NA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For__ CONTINUED TO FILE NUMBER Award a contract to En Pointe Technologies Sales, Inc. for the purchase of a Cisco Intrusion Prevention System Contract in the amount not to exceed $25,000. DISCUSSION The City of Santa Ana's Information Services Division, Network Support Team's responsibility is to protect the City's computer network, systems and data. The Network Support Team monitors and defends 2,500 computing devices and provides services to over 2,000 users which include City employees and visitors of our various facilities. The City computer environment supports City operations on a 24x7 basis with critical support for Public Safety operations. During an average week, the Network Support Team thwarts over one million hostile and unidentified attempts to gain access to the City's computer network. This is accomplished with a key tool that performs automated detection and identification of threat attempts and then uses defenses to stop the intrusion. The City's current intrusion detection system is in need of a replacement that will provide a more technically sophisticated environment to fend off threats. The Network Support Team recommends the purchase and implementation of the Cisco Intrusion Prevention System (IPS) software application which provides enhanced technology protection against over 30,000 computer threats creating a more secured electronic environment for the City. 22A -1 Contract Award for Cisco Intrusion Prevention System June 6, 2011 Page 2 The notice inviting bids was advertised on April 26, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 2 Invitations For Bid mailed 6 Bids received Bids were received and opened May 6, 2011 (Exhibit 1). The bid from En Pointe Technologies, Inc. is responsive to the specifications and meets the City's requirements. Additionally, En Pointe Technologies Sales, Inc. provides maintenance, software and hardware to the various departments throughout the City. The purchase of the Cisco Intrusion Prevention System, when combined with these purchases during the current fiscal year, exceeds the $25,000 aggregate limit. Staff recommends the increase to the aggregate limit to facilitate this purchase. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez / Executive Director Finance & Mgt. Services Agency EG 22A -2 ABSTRACT OF BIDS CONTRACT AWARD FOR CISCO INTRUSION PREVENTION SYSTEM (11 -026) Vendor En Pointe CDW Impex Technologies Government Sales Inc. LLC Technologies, Inc Location Gardena, CA Vernon Hills, IL Torrance, CA Total $24,387.02 $24,738.29 $25,157.57 DISYS Solutions Vendor Inc Accuvant Inc Location Chantilly, VA El Segundo, CA Total $26,176.13 $26,991.75 Exhibit 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONTRACT AWARD TO ALLSTAR FIRE EQUIPMENT, INC FOR FIREFIGHTING BOOTS (SPEC. NO. 11 -028) CITY MAN A ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Allstar Fire Equipment, Inc. for the purchase of 208 pair of firefighting boots in the amount of $51,461; and increase the aggregate limit by $25,000 for miscellaneous supplies in an amount not to exceed $76,461 annually. DISCUSSION On November 15, 2010, the City Council accepted a $49,920 grant with a required match from City funds of 20% for a total amount of $62,400, from the FEMA Assistance to Firefighters Grant program. The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and related hazards. In an effort to protect and assist fire suppression personnel in the performance of their duty, the Fire Department Maintenance Section provides firefighting boots for approximately 200 firefighters. Firefighting boots are worn daily and are a necessary part of fire suppressions outfitted uniform in compliance with California Occupational Safety and Health Administration (CalOSHA) and National Fire Protection Agency (NFPA). The Santa Ana Fire Department Maintenance Division has replaced firefighting boots on an as- needed basis. The recommended action will supplement the department's inventory of out dated boots and allow for replacements which will meet the current National Fire Protection Agency (NFPA) recommendations. Additionally, Allstar Fire Equipment, Inc. provides miscellaneous firefighting equipment. The purchase of the firefighting boots, when added to the vendor's fiscal purchases, will exceed the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. 22B -1 Contract Award for Firefighting Boots June 6, 2011 Page 2 The notice inviting bids was advertised on April 28, 2011, and bids were solicited. A summary of the bid invitations and bids received is as follows: 2 Invitations For Bid mailed 6 Bids received Bids were received and opened May 12, 2011 (Exhibit 1). The bid from Allstar Fire Equipment, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the FEMA Assistance to Firefighters Grant 2009 expenditure account (no. 14615361 63100) and the Fire Uniform account (no. 01115360 63100). David Thomas Fire Chief Fire Department EG G I APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency ABSTRACT OF BIDS CONTRACT AWARD FOR FIREFIGHTING BOOTS (11 -028) Vendor Allstar Fire L.N. Curtis Cascade Fire Equipment & Sons Equipment Location Arcadia, CA Los Angeles CA Medford, OR Total $51,460.50 $59,479.29 $59,943.00 *Alternative Boot Offered Galls, an Vendor Industrial Safety Calolympic ARAMARK Glove & Shoe Co. Safety Company LLC Location Santa Ana, CA Corona, Ca Signal Hill, CA Total $67,181.40 $67,740.11 $91,509.21 Exhibit 1 �N :151 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONTRACT AWARD FOR VEHICLE TIRES (SPEC. NO. 11 -009) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for vehicle tires for a one -year period, with provisions for two one -year renewals, in an annual aggregate amount not to exceed $140,000 with the following vendors. Vendor Location Parkhouse Tire Inc. Santa Ana Scher Tire Inc. Santa Ana Tarulli Tire Inc. Santa Ana DISCUSSION Facilities, Fleet and Central Stores (FMCS) Division of the Finance and Management Services Agency is responsible for the repair and maintenance of the city's vehicles. To achieve efficiencies and ensure employee safety, tires are replaced based on tread wear ratings standards. FMCS provides a large variety of tires selected to best suit vehicle demands while continuing to meet manufacture recommended brands and sizes. The contracts will provide tires for all vehicles within the fleet. The notice inviting bids was advertised on April 8, 2011, and bids were solicited. A summary of the bid invitations and bids receives is as follows: 8 Invitations for Bid mailed 6 Invitations for Bid mailed to Santa Ana vendors 5 Bids received 4 Bids received from Santa Ana vendors Bids were solicited and opened on April 21, 2011 and evaluated. The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. Maintaining three vendors under contract allows Fleet Management to purchase the recommended tire for each vehicle to maximize safety and fuel efficiency. 22C -1 Contract Award for Vehicle Tires June 6, 2011 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance - Garage Operations account (no. 07510100- 62322) and charged back to the various operating departments through monthly vehicle rental charges. Francisco Gutierrez Executive Director Finance and Management Services Agency MIN 22C -2 ABSTRACT OF BIDS CONTRACT AWARD FOR VEHICLE TIRES (11 -009) IFB 11 -009 VEHICLE TIRES VENDOR LOCATION HIGH QUAN - TOP 12 AWARDED LOW QUAN /25 AWARDED TOTAL OF 37 TIRES TOTAL AWARD award 100% PARKHOUSE SCHER TARULLI D TIRE TIRE TIRE TI SANTA ANA SANTA ANA SANTA ANA sj $ 94,428.77 $ 126,597.51 $ 96,857.13 ; 6.00 1.00 5.00 $ 54,730.87 $ 60,057.23 $ 56,945.24 7.00 9.00 9.00 14.00 .00 Award based on best price offer and consideration of tire brand on the 8 tires stated as "no substitute" AWARD ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $140,000 PARKHOUSE TIRE INC SANTA ANA SCHER TIRE INC SANTA ANA TARULLI TIRE INC SANTA ANA EXHIBIT 1. 22C -3 5/9/2011 WIPER PACIFIC RE FORD \NTA ANA LONG BEACH 126,391.10 $ 159,228.69 62,622.62 $ 97,163.69 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONTRACT AMENDMENT TO CURLEY WHOLESALE ELECTRIC FOR MISCELLANEOUS ELECTRICAL SUPPLIES (SPEC. NO. 11 -029) y CITY MA AGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Curley Wholesale Electric for miscellaneous electrical supplies by $25,000 for an annual amount not to exceed $50,000. DISCUSSION The City establishes an annual blanket order contract list consisting of vendors that provide supplies and services required by agencies on a consistent basis. Curley Wholesale Electric has been a provider of miscellaneous electrical supplies, such as circuit breakers, fuses, relays, tools and vehicle electrical parts for Parks, Recreations and Community Services and the Public Works Agency. Curley Wholesales Electric, a Santa Ana vendor, offers reliable service, competitive pricing, and has consistently been the lowest responsive bidder on low cost items. With the City's increased demand for electrical maintenance supplies, the purchases in the current fiscal year will exceed the $25,000 aggregate limit. Staff requests approval to increase the aggregate limit for Curley Wholesale Electric to provide uninterrupted purchases of electrical supplies while staff solicits bids for future electrical supply needs. FISCAL IMPACT Funds are available in the various Miscellaneous Operating Expense account (63001). Francisco Gutierrez Executive Director Finance and Management Services Agency RUT 22D -1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CHANGE ORDER FOR ASPHALT STREET MAINTENANCE CONTRACT (SPEC. NO. 10 -039) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2" Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the attached change order to the contract with All American Asphalt for asphalt street maintenance. DISCUSSION On November 15, 2010, the City Council awarded a contract for asphalt street maintenance to All American Asphalt for a one -year period with provision for three one -year renewals in an amount not to exceed $580,000 annually. The services provided under this contract are on an as- needed /on -call basis and the annual amount was budgeted based on staff's projection of asphalt street maintenance for the next year. The services are essential to the City's effort to maintain its roadways and include the excavation and cold milling of existing roadways, construction of cement and asphalt pavements and crack sealing. A main portion of the contract provides asphalt concrete for water and sewer utility repairs and the adjustment of water valve boxes and manhole frames and covers to grade. To evaluate costs, vendors provided quotations based on various line items and estimated quantities in the specifications. Bids were opened on October 11, 2010, where All American Asphalt was established as the lowest bidder. A few weeks after the contractor commenced work, they determined that they were operating at a loss and could not sustain working at the quoted rate. In February, All American Asphalt contacted the City and requested a pricing change to Line Item No. 12 of the specifications which is for asphalt concrete for utility service patches at various locations with an estimated quantity of 1,000 tons. All American interpreted and bid the line item for tonnage in excess of 1,000 tons per service patch, resulting in a low bid of $80.00 per ton and consequently, unsustainable losses. The City intended the line item to cover service patches for lower unit amounts, typically one to five tons, and citywide, with a total of all patches approximating 1,000 tons. As a result of the misinterpretation All American is requesting an increase to $287 per ton to this line item to cover their operating costs. 22E -1 Change Order for Asphalt Street Maintenance Contract June 6, 2011 Page 2 Staff evaluated this request by performing research and inquiries of the two other bids received and the previous contract. The second place bidder, Elite Bobcat Services, quoted the same line item at $75 and indicated that they had incorrectly bid and would not be able to work at that rate. The third place bid was $320 per ton, from Hardy and Harper, who at that time held the Asphalt Street Maintenance Contract. Prior to this bid, Hardy and Harper had maintained a bid price of $285 per ton for four years without an increase. When considering this information, recent increases in asphalt costs and public works contract arbitration awards that favor the contractor, staff has concluded that $287 per ton is a fair and competitive price for this service. This change will also maintain the total bid price amount below the two other bids received. As an as- needed maintenance service contract, the contract amount of $580,000 will not change as this service is provided only to the extent funds are available. FISCAL IMPACT Funds are available in the Public Works Agency Water System Maintenance and Sanitary Sewer Service programs (accounting units 06017641 -62300 and 05617640- 62300). r Raul Godinez II Executive Direct r Public Works Agency RG /PG Exhibit: Change Order No. 1 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E -2 CHANGE ORDER NO 1; ANNUAL ASPHALT STREET MAINTENANCE SPECIFICAITON 10 -039 CONTRACTOR: All American Asphalt P.O. Box 2229 Corona, CA 92878 PROJECT DESCRIPTION: Annual Asphalt Street Maintenance — Citywide (On -Call) CHANGE ORDER NUMBER:1 ESTIMATED AMOUNT: $0.00 ACCOUNT UNITS: 05617640 and 06017641 ACCOUNT: 62300 ORIGINAL CONTRACT COST: $580,000 Item # Bid Item Unit Quantity Unit Price 12. Asphalt Concrete for utility service patches at TIN 4-089 $- 88 69 various locations. 12.a. 1 -500 Tons TN $ 287.00 12.b. 500 -1000 Tons TN $ 80.00 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency CITY OF SANTA ANA PAUL WALTERS Acting City Manager ALL AMERICAN ASPHALT Owner Exhibit 1 22E -3 22E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONTRACT RENEWAL TO MIDWAY CITY FEED COMPANY FOR ANIMAL FOOD (SPEC. NO. 07 -058) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Midway City Feed Company for animal food in an amount not to exceed $70,000. DISCUSSION The Santa Ana Zoo at Prentice Park houses 250 animals in its collection. Each of the 88 different species has special dietary needs. The types of animal food consumed at the Zoo include but not limited to alfalfa, bale mix, bird seed and additional dietary items. The contract for animal food is designed to provide quality products at a significant savings based on quantity pricing. On July 16, 2007, the City Council awarded a contract to Midway City Feed Company for a one -year period with provision for three, one -year renewals. Over the past fiscal period, the Zoo staff branched out in search of new feed vendors for different types of grains and seed. The results cemented Midway City Feed Company as the preferred vendor as it provides the Zoo with enriched dry feed that keeps our animals healthy and active. The expenditures under the current blanket order contract are projected to total $35,000 by the end of June 30, 2011 and $35,000 through June 30, 2012. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Recreation and Community Services — Santa Ana Zoo account (no. 01113220- 63400). �1 0- —'e' L - erardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency KM 22F-1 22F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE AMENDMENT TO THE AGREEMENT FOR INTERNET ACCESS SERVICES FROM COGENT COMMUNICATIONS, INC. CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Cogent Communications, Inc., for Internet access services to exercise an option for the first one -year extension to the existing agreement in an amount not to exceed $40,000 per year subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's current agreement for Internet access service is expiring and the service needs to be continued. The City relies on Internet access to support operations in every City Agency and Department with Internet email, outgoing access to the World Wide Web and incoming access to the City's web site and other web - accessible City applications. The City's Information Services Division issued a request for proposals (RFP) in 2009 seeking proposals for a dedicated Internet access connection with service level guarantees. The RFP was posted on the City web site and on other online announcement services. To receive the lower pricing and to ensure a stable Internet connection to support City operations, a multi -year agreement period was sought. Ten proposals were received and evaluated. City staff recommended that the City enter into a two - year agreement with Cogent Communications, Inc. to supply the dedicated Internet access service (with connecting "local loop" service). The service agreement with Cogent contained service performance guarantees with monetary penalties for performance problems. There were also provisions in the agreement allowing the City to terminate in case of unsatisfactory performance. 25A -1 Amendment to the Agreement For Internet Access Services From Cogent Communications, Inc. June 6, 2011 Page 2 Over the past two years, the usage of the Internet access service has steadily increased. This can be attributed to more visitors to the City web site, additional software applications that rely on Internet access, higher volume of Internet email, and the growing use of information gathering via the Internet. This has resulted in demand levels nearly every weekday for Internet access exceeding the current capacity of the City's services with Cogent Communications, Inc. [Cogent]. City staff has worked with Cogent to provide extra capacity as part of the City exercising its option for additional term of service of its original agreement with Cogent. For slightly less than the current recurring monthly fee, Cogent will provide the City with 100 Mb of dedicated Internet access [versus the current 45 Mb of access capacity]. All other terms and conditions, including the ability of the City to exit the agreement for any reason with 30 days notice, would remain. City staff recommends the approval of an amendment to the agreement with Cogent Communications, Inc. with higher service capacity and lower monthly costs for a term of one year. FISCAL IMPACT Funds are budgeted and are available in the FY11 -12 Technology Fund account for contractual services (account no. 10910147 - 62010). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 co g e n t Dedicated Internet Access Cogent Communications, Inc. COMMUNICATIONS 101531stStreet Customer Order Form Washington, Dc 20007 .. North America us www.cogentco.com Customer and Order Information (Customer Name I City of Santa Ana Cogent Customer Description Access / Other Initial Resell Customer (Name) No Installation Order Date 9- May -2011 Order Type Agent Deal (Name) No Interface Requested Service Date 9- Aug -2011 Model Legacy Orders Fee Immediate Mbps Months USD USD Termination (Delay) Termination Service Information Product Type Off -Net (NetCentric) Service Parameters Select Quoted alternative (if Currency USD US Dollars available) y Order Installation Fee Legacy Cogent Service Bandwidth Initial Billing Burst Fee Installation Base Number Order Type Order Node Id Interface CDR Term Model (per Mbps) Fee Monthly Fee Mbps Months USD USD USD Number 1- 74375990 Renewal / Upgrade 1- 31056566 757 -0 Fast -E 100 12 Flat Rate 0.00 1,500.00 2,400.00 OrderI Installation Number Description Comments Selected Option Fee Monthly Fee USD I USD Public IP Addresses As described in IF Questionnaire or IARM Rider Note: IPO (and Il Rd., rer Pre , Independent resources) needs to be subri v Order Form BGP -4 Routing As described in BGP Questionnaire Note: BGPO needs b be submRetl vMh Order Form MuItiBGP Secondary Secondary ASN Owner Port Order # Note LOA(s) issued by owners of ASN Secondary ASN(s) need(s) to be submitted with Order Form. .. Legacy Port IPv6 Order Type I Order # Con gu ation Port Order # Total Fees Installation Fee Monthly Fee Total Fees including Options (Note: Burst Monthly Fees may be charged in addition as defined in the attached Product Rider) USD USD 1,500.00 2,400.00 "If Customer has elected to be billed in a currency other than the currency used for the Quoted Price, the Quoted Price will be Select omerted into the Billing Currency selected above on the date this Order is validated by COGENT. In performing the currency uch date, COGENT will use the currency conversion rate as of the close of business for the day alternative Billing Currency— at www nantla oom pre ous y as Set forth 9 y " USD US Dollars (if available) Initials Customer DIA Layer 3 Order Form V3-7 CoIcjllltu atiior3nfdential Page 1/2 c o g�le n��tobs Optical Customer Service Delivery Information Dedicated Internet Access Customer Order Form Cogent Communications, Inc. 1015 31 st Street Washington, DC 20007 North America www.cogentco.com Customer Contracting & Billinci Information Tenant/Datacenter Name City of Santa Ana Node ID 757 -0 Service Address 20 Civic Center Plaza M -12 Suite / Floor Fax City, State, Province Santa Ana, CA Postal Code 92701 Country USA very always rarces place at -ogent uemarcanon voint as aennea in the attached Product Rider. Delivery Contact Name Tom Gergen Telephone 714- 647 -6958 Cellphone Phone Fax Fax Email tgergen @ci.santa- ana.ca.us Cogent Contact Information Sales Office Location Herndon, VA (Retention) Address HQ: 1015 31st Street Washington, DC 20007 Phone 877- 875 -3310 Fax 703 - 935 -8783 Service Provisioning sd @cogentco.com Customer Care support@cogentco.com Contract Documents The entire Customer Subscriber Agreement (CSA), entered into between Customer and COGENT, is made up of the documents listed here. Capitalized terms are defined in the text of the Terms or Definition section of the Terms. All prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such Services, are superseded. Customer certifies that the documents constituting the CSA are the documents and forms that have been supplied to Customer by Cogent and that Customer has made no changes to them. Notes Company Name City of Santa Ana Billing Address same as service Suite / Floor 703.456.7644 dpolant @cogentco.com City, State, Province sales @cogentco.com Postal Code tgergen @ci.santa- ana.ca.us Country terms @cogentco.com Company Registr. Nr. Tax/ VAT ID Number Request for consolidated billing (one account J invoice for multiple ports in the same country)' No wnwimareu "I IIV Ieq— a must ae rev1— ana approvea oy t,ogent. Billing Contact Name Tome Gergen Telephone 714- 647 -6958 Cellphone 703.456.7644 dpolant @cogentco.com Fax sales @cogentco.com Email tgergen @ci.santa- ana.ca.us Sales Name Dave Polant Account Manager Phone Email 703.456.7644 dpolant @cogentco.com Sales sales @cogentco.com Billing billing @cogentco.com Termination terms @cogentco.com (1) Order Form (2) Terms, as attached (initialed by Customer) (For current customers, if Terms are not attached, the current Terms remain in force) (3) SLA (http: / /www.cogentco.com/ files /ps_internet/SLA_on_intemet.pdf) (4) Product Rider, as attached (signed by Customer) (5) Any other Rider or Addendum, as attached (signed by Customer) Signatures By signing below, Customer affirms and acknowledges that it has read the entire CSA and agrees to be bound by the provisions thereof. For Customer Signature Printed Name Title Date For Cogent Communications. Inc. Signature Printed Name Title Date DIA Layer 3 Order Form V3 -7 cogell��liir. at_4nfidential Page 2/2 Network Services Terms & Conditions North America (Ver. 02/08) Confidential co g�eMUnC^toNs 1. SERVICES AND TERM. I.I. Pursuant to the CSA, Cogent will provide the Services to Customer for the Service charges. Customer's signature on the Order Form or use of the Service or COGENT Network constitutes its acknowledgement and agreement to be bound by the CSA. Capitalized terms are defined at the end of these Terms. 1.2. Each Service's Initial Term is indicated on the applicable Order Form. Customer will be deemed to have accepted the Service as of the Service Date. At the end of the Initial Term, the CSA will renew for successive Renewal Terms equal in length to the Initial Term unless and until terminated as provided herein. 1.3. Customer may order additional Services or locations in North America through additional Order Forms, which will be governed by this CSA. Customer's account must be current in order to make changes to Services or order additional Services. 2. SERVICE CHARGES AND BILLING. 2.1. Service charges are on the Order Form and do not include applicable Taxes unless so indicated. New services or upgrades /relocations will result in additional fees /charges. If a prior Service location remains installed after a new Service location is installed, Customer will be responsible for Service charges for both Service locations until terminated as provided for each Service. 2.2. Invoices are sent monthly in advance. Customer agrees to pay all charges and applicable Taxes for the Service upon receipt of the invoice without counterclaim, set -off or deduction. A late charge shall be added to Customer's past due balance of the lesser of 1.5% per month or the maximum legal rate. COGENT may change the specifications, Terms or charges for the Service for any upcoming Renewal Term by providing Customer at least sixty (60) days advance written notice. Customer agrees that its obligation to pay service charges and Taxes under this CSA shall survive the termination ofthe CSA. 2.3. Customers claiming tax exemption must provide COGENT with a properly executed exemption form. 3. SERVICE USE AND INTERRUPTION. 3.1. Customer's use of COGENT's Services or Network may only be for lawful purposes and must comply with COGENT's AUP. Transmission of any material in violation of any law, regulation or the AUP is strictly prohibited. Access to other networks connected to COGENT's Network must comply with such other networks' rules. Only Customers whose service location (as set forth on the Order Form) is a COGENT -owned or carrier neutral data center may resell COGENT's Dedicated Internet Access Service (but not any other Service offered in such location). Customers located in any other service location may not resell their Service, in whole or in part. 3.2. COGENT's obligations and Customer's exclusive remedies for failure of COGENT's Network or any Service are stated in the COGENT SLA. 4. TERMINATION, RESTRICTION OR SUSPENSION. 4.1. Prior to the Service Date, COGENT may terminate the CSA if not approved by COGENT corporate management (including credit check). COGENT also may restrict, suspend or terminate the CSA, Customer's use of or access to any Service, or both, at any time if (a) Customer is in material breach of the CSA (including but not limited to the AUP) and, in COGENT's sole judgment, an immediate restriction or suspension is necessary to protect the COGENT Network or COGENT's ability to provide services to other customers; or (b) Customer's account is unpaid sixty (60) days after date of invoice, or (c) COGENT facilities at C Cogent Communications, Inc. 2008 NETWORK SERVICES TERMS & CONDITIONS NORTH AMERICA Customer's location are unavailable, (i.e., no connectivity and building access). 4.2. Either Party may terminate the CSA: (a) at the end of an Initial Term or Renewal Term by providing the other Party with at least thirty (30) days prior written notice (notices provided during a monthly Renewal Term will not be effective until the end of the next month (i.e., notice received April 20th is effective June 1 st), or (b) except as otherwise stated herein, during an Initial Term or Renewal Term if the other Party breaches any material term or condition of this CSA and fails to cure such breach within thirty (30) days after receipt of written notice of the same. 4.3. If a Service is terminated prior to the Service Date, Customer shall pay COGENT for all Initial Costs for such Service. If the Service is terminated after the Service Date, Customer shall pay COGENT (a) for the Service up through the date of termination, and (b) except in the case of termination by Customer as provided in Section 4.2 above, or by COGENT due to loss of connectivity or building access at Customer's building(s) under Section 4. 1 (c) above, the Initial Costs (unless already paid) and the Termination Charge. Customer acknowledges that because actual damages to COGENT caused by early termination of a Service order are uncertain and would be difficult to determine, the Termination Charge is a reasonable liquidated damage and is not a penalty. Any reconnections of the Service shall result in additional reconnection charges to Customer at COGENT's then - prevailing rates. 4.4. If Customer defaults in any of its payment obligations under the CSA, Customer agrees to pay COGENT's reasonable expenses, including but not limited to legal and collection agency fees, incurred by COGENT in enforcing its rights. All termination notices by Customer must be sent separately for each Service (including terminating one Service location after a Service is switched to a new Service location) and must be sent to terms @cogentco.com. 5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. 5.1. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS," AND NEITHER COGENT NOR ANY OF ITS PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, OR AGENTS MAKES ANY WARRANTY, CONDITION OR GUARANTEE WITH RESPECT TO THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES, UNDER THIS CSA OR OTHERWISE, THE SERVICES ARE PURCHASED WITH KNOWLEDGE OF THIS WARRANTY LIMITATION. COGENT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON - INFRINGEMENT, SATISFACTORY QUALITY, AND /OR FITNESS FOR A PARTICULAR PURPOSE. COGENT DOES NOT MONITOR, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR, THE CONTENT OF ANY COMMUNICATION TRANSMITTED BY CUSTOMER OR OTHERS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF THE SERVICES, 5.2. WITHOUT PREJUDICE TO OR LIMITING OF COGENT'S RIGHT TO RECEIVE PAYMENT FOR SERVICES, COGENT'S ENTIRE LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE (INCLUDING CLAIMS BASED ON NEGLIGENCE) ARISING OUT OF THIS AGREEMENT AND ALL OTHERS BETWEEN CUSTOMER AND COGENT, AND THE PROVISION BY COGENT OF FACILITIES, TRANSMISSION, DATA, SERVICES OR EQUIPMENT INCLUDING, BUT NOT LIMITED TO, DAMAGE TO REAUPERSONAL PROPERTY, SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT PAID BY CUSTOMER FOR THE SERVICE AT ISSUE IN THE PRIOR SIX (6) MONTHS TO THE ACTION GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN TOTAL; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT APPLY FOR DEATH OR PERSONAL INJURY CAUSED BY COGENT, OR FOR ANY Page 1 of 3 Customer: Cogent Communications, Inc. 1015 31" St., N.W., Washington, D.C., 20007 202.295.4200 www.cogentco.cwm 25A -5 Network Services Terms & Conditions North America (Ver. 02/08) Confidential OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 5.3. CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS THAT ARE SEPARATELY OWNED AND NOT SUBJECT TO COGENT'S CONTROL. CUSTOMER AGREES THAT COGENT SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF, INTERNET SERVICES BY NETWORK(S) OR INTERNET SERVICE PROVIDERS NOT SUBJECT TO COGENT'S CONTROL, OR FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF CUSTOMER INFORMATION CARRIED ON SUCH NETWORKS OR INTERNET SERVICE PROVIDERS. COGENT SHALL HAVE NO LIABILITY HEREUNDER FOR DAMAGES INCURRED OR SUMS PAID DUE TO ANY FAULT OF CUSTOMER OR ANY THIRD PARTY, OR BY ANY HARMFUL COMPONENTS (SUCH AS COMPUTER VIRUSES, WORMS, COMPUTER SABOTAGE, AND `DENIAL OF SERVICE' ATTACKS). COGENT IS NOT LIABLE FOR ANY BREACH OF SECURITY ON THE CUSTOMER'S NETWORK, REGARDLESS OF WHETHER ANY REMEDY PROVIDED IN THIS CSA FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER AGREES THAT IT WILL NOT HOLD COGENT RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES (INCLUDING THOSE WITH WHOM COGENT MAY CONTRACT TO OPERATE THE SERVICES), OR HOLD A THIRD PARTY RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, COGENT IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, CUSTOMER AGREES THAT IT WILL NOT HOLD COGENT RESPONSIBLE FOR (A) THIRD PARTY CLAIMS AGAINST CUSTOMER FOR DAMAGES, (B) LOSS OF OR DAMAGE TO CUSTOMER'S RECORDS OR DATA OR THOSE OF ANY THIRD PARTY, OR (C) LOSS OR DAMAGE TO CUSTOMER ASSOCIATED WITH THE INOPERABILITY OF CUSTOMER'S EQUIPMENT OR APPLICATIONS WITH ANY COMPONENT OF THE SERVICES OR THE COGENT NETWORK. CUSTOMER AGREES TO MAKE ALL CLAIMS RELATED TO THE SERVICES DIRECTLY AGAINST COGENT, AND WAIVES ANY RIGHT TO RECOVER DAMAGES (DIRECTLY OR BY INDEMNITY) RELATED TO THE SERVICES BY CLAIMING AGAINST OR THROUGH A THIRD PARTY TO THIS CSA. 5.4. NEITHER COGENT NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR DISCONTINUING SERVICES) OR SUPPORTING THE SERVICES SHALL BE LIABLE TO CUSTOMER, ANY REPRESENTATIVE, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). 5.5. NO ACTION OR PROCEEDING AGAINST COGENT MAY BE COMMENCED BY THE CUSTOMER MORE THAN ONE (1) YEAR AFTER THE LAST DAY ON WHICH THE SERVICE WHICH IS THE BASIS FOR THE ACTION IS RENDERED, AND CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION CONSTITUTES AN EXPRESS WAIVER OF ANY RIGHTS UNDER ANY APPLICABLE STATUTE OF LIMITATIONS WHICH WOULD OTHERWISE AFFORD ADDITIONAL TIME FOR SUCH A CLAIM. 6. INDEMNITY. 6.1. Customer will indemnify, defend and hold harmless COGENT and its directors, officers, employees, affiliates, and its agents and subcontractors from and against any claims, suits, actions, and proceedings from any and all third parties, and for payment of any Losses, to the extent such Losses arise (a) as a result of non - compliance by Customer with its obligations under the CSA; (b) from any and all claims by any of Customer's customers or other third party end users in connection with a Service (including, without limitation, any claims regarding content transmitted using a Service or violation of data protection legislation), regardless of the form of action, whether in contract, tort, warranty, or strict liability; provided, however, that Customer will have no obligation to indemnify and defend COGENT against claims for damages for bodily injury or death caused by COGENT's gross negligence or willful misconduct; or (c) from claims of copyright infringement and all manner of intellectual property claims, defamation claims, claims of publication of obscene, © Cogent Communications, Inc. 2008 indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material, and claims of infringement of data protection legislation, to the extent such Losses are based upon (i) the content of any information transmitted by Customer or by any of Customer's customers or authorized end users, (ii) the use and /or publication of any and all communications or information transmitted by Customer or by any of Customer's customers or authorized end users, or (iii) the use of Service(s) by Customer in any manner inconsistent with the terms of this CSA, including without limitation the AUP. 7. ADDITIONAL PROVISIONS. 7.1. Except as to payment obligations of Customer, neither Party shall have any claim or right against the other Party for any failure of performance due to Force Majeure. 7.2. Neither Party is the agent or legal representative of the other Party, and this CSA does not create a partnership, joint venture or fiduciary relationship between COGENT and Customer. Neither Party shall have any authority to agree for or bind the other Party in any manner whatsoever. This CSA confers no rights, remedies, or claims of any kind upon any third party, including, without limitation, Customer's subscribers or end- users. 7.3. This CSA for Service is made pursuant to and shall be construed and enforced in accordance with the laws of the District of Columbia without regard to its choice of law principles. Any action arising out of or related to this CSA shall be brought in the District or Federal courts located in the District of Columbia, and Customer consents to the jurisdiction and venue of such courts. 7.4. Notices, if required, must be sent in writing by e -mail, courier or first class mail (postage prepaid) to the appropriate contact point listed on the Order Form, and are considered made when received at that address' provided, that termination notices to COGENT must be sent in accordance with Section 4.4 above. In the event of an emergency, COGENT may only be able to provide verbal notice first; such verbal notice will be followed by written notice. Customer is responsible for accuracy of its information on the Order Form, including points of contact. 7.5. Customer may not assign this CSA without COGENT's prior written consent, which consent shall not unreasonably be withheld. Any such assignment without COGENT's prior written consent shall be void. 7.6. Without limiting any other obligation which expressly survives the expiration or prior termination of the term of the CSA, the expiration or prior termination of the term of the CSA shall relieve both Parties of any further obligations hereunder, except with respect to the Sections 2, 3, 4.3. 4.4 and 5 through 7, which shall survive any expiration or termination of these Terms. 7.7. If (but only if) required by COGENT's or Customer's agreement with Customer's Landlord: (a) any cessation or interruption in COGENT's Service does not constitute a default or constructive eviction by Customer's Landlord, and (b) Customer agrees to waive and release Landlord and its related parties from any liability in connection with any damages whatsoever incurred by Customer, including lost revenues, which arise, or are alleged to arise, out of any interruption of or defect in the COGENT Service, REGARDLESS OF WHETHER SUCH INTERRUPTION OR DEFECT IS CAUSED BY THE ORDINARY NEGLIGENCE (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF A RELEASED PARTY. 7.8. The COGENT Network is owned by COGENT, or its licensors, and is protected by copyright and other intellectual property laws. Customer agrees that title to and ownership of the Services, in any form, shall at all times and in any event be held exclusively by COGENT. Customer shall be entitled to only such rights with respect to the Services as are specifically granted herein. 7.9. This CSA and such other written agreements, documents and instruments as may be executed in connection herewith are the final, entire and complete agreement between Customer and COGENT and supersede all prior and contemporaneous negotiations and oral representations and agreements, all of which are merged and integrated into this CSA. 7.10. This CSA and any Addendum thereto may be executed in one or more counterparts all of which taken together shall constitute one and the same instrument. Page 2 of 3 Customer: Cogent Communications, Inc. 1015 31" St., N.W., Washington, D.C., 20007 202.295.4200 wlwv.cogentco.coin S�� Network Services Terms & Conditions North America (Ver. 02/08) Confidential DEFINITIONS © Cogent Communications, Inc. 2008 AUP COGENT's Acceptable Use Policy as posted by COGENT (currently at httl2://NvNN-,v.cogentco.com/htdoes/policv.l)h COGENT reserves the right to amend its AUP at any time, effective upon posting on the COGENT website. COGENT Cogent Communications, Inc. or its subsidiaries or affiliates. COGENT The telecommunications network and network components owned, operated or controlled by COGENT, including COGENT's Network fiber backbone, metropolitan fiber networks, any equipment connected to such fiber, and the software, data and know -how used by COGENT to provide the Services. Where COGENT services a building through its own facilities, the COGENT Network includes those facilities. The COGENT Network does not include customer premises equipment, customer- ordered telephony circuits, and any networks or network equipment not operated and controlled by COGENT. Customer Customer identified in the attached Order Form. CSA The entire Customer Subscriber Agreement between COGENT and Customer for provision of the Service, consisting of the Order Form, the Terms, the applicable product rider and the SLA. Equipment Customer's equipment, if any. Force Majeure Causes beyond a Party's control, including but not limited to: acts of God, fire; explosion, vandalism; cable cut; storm; flood or other similar occurrences; any law, order, regulation, direction, action or request of any government, including federal, state, provincial, municipal and local governments claiming jurisdiction over a Party or the Service, or of any department, agency, commission, bureau, corporation, or other instrumentality of any such government, or of any civil or military authority; national emergencies; unavailability of materials or rights -of -way; insurrections; riots, terrorist acts or wars (declared/undeclared); or strikes, lock -outs, work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays. Initial Costs Greater of (a) installation fees (if not paid), or (b) all third -party costs and charges incurred by or charged to COGENT on behalf of Customer for the Service, including but not limited to local loop fees, cross- connect charges, and wiring fees. Initial Term Initial length of term for the Services as indicated on the Order Form. Landlord Customer's landlord, building owner or property /telecom manager. Losses Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees. Order Form Cover form to which these Terms are attached, identifying the specific Service(s) to be delivered. Party or Parties COGENT and /or Customer. Renewal Term Subsequent length of term for the Services after completion of the Initial Term. Service(s) Bandwidth services provided by COGENT under the Customer Subscriber Agreement. Service Date Earlier of date on which (a) COGENT deems that the Service is available for Customer's use at either the COGENT - defined demarcation point or last- available test point, or (b) Customer first uses the Service or the COGENT Network. SLA The Service Level Agreement as posted by COGENT (currently at wvvw.cogentco.com) for Customer's specific Service(s). COGENT reserves the right to amend the Service SLAB at any time, effective upon posting on the COGENT website. Space Rented rack space from COGENT, if any. Tax or Taxes All taxes arising in any jurisdiction, including without limitation all: sales, use, excise, gross receipts, value added, access, bypass, franchise, telecommunications, property (for co- location customers), consumption, or other taxes, fees, duties, charges or surcharges (however designated) which are imposed on or based on the provision, sale or use of the Service(s), including such taxes imposed directly on COGENT or for which COGENT is permitted to invoice Customer in connection with COGENT's performance under the CSA. Taxes do not include COGENT's income taxes. Termination Single payment equal to any third -party cancellation charges and the total remaining dollar value of the applicable Service Charge order through the Initial Term or Renewal Term, as applicable. Terms Terms and conditions that apply to the Services COGENT provides to Customer. Page 3 of 3 Customer: Cogent Communications, Inc. 1015 3151 St., N.W., Washington, D.C., 20007 202.295.4200 w,,ttiv.cogentco.com 25A -7 Product Rider— Dedicated Internet Access (Ver. 1 -6) Confidential C Cogent Communications. 2008 c o ge n t PRODUCT RIDER - CONMUNICATIONS DEDICATED INTERNET ACCESS GLOBAL This product rider (Rider) amends the CSA entered into between Customer and COGENT for the Services specified therein. Unless otherwise defined herein, capitalized or defined terms in the CSA have the same meaning in this Rider. In the event of a conflict between forms, the following will be the order of priority: First, the Order Form; Second, this Rider, Third, the Terms; and Fourth, the SLA. 1. Service and Options Within the scope of the Dedicated Internet Access Service, COGENT transmits IP- packets between the COGENT Network and associated networks of its Customers as well as to and from the global Internet using COGENT's settlement -free peering agreements with other networks. Subject to their availability, Customer may select one or more options associated with the Service such as listed in the Order Form, in which case Customer agrees to pay the related fees such as indicated in the Order Form: Mull %BGP: Customer may connect to COGENT's network with multiple BGP sessions over a single port, such BGP sessions being on its own assigned AS (the Primary ASN) and ASs from third parties represented by Customer (the Secondary ASNs). In this case, Customer will be required to provide COGENT with a Letter of Authorization ( "LOA ") issued by the third parties having registered the Secondary ASNs in order to activate such Service, and all interactions, being during provisioning or operations, related to BGP- sessions set up between COGENT's network and Secondary ASNs will be handled exclusively between COGENT and Customer. The fact that a BGP session is being set up between COGENT and other parties represented by Customer does not constitute a contractual relationship between COGENT and the other parties, this interaction is ruled by the contractual relationship established between COGENT and the Customer. COGENT will charge an additional Monthly Fee for each Secondary ASN connected. Pull Traiic (available for NetCentric customers only): When the "Pull Traffic" Option is selected on the Order Form, Customer agrees that the Base Monthly Fee and Burst Fee set forth in the Order Form are discounted rates and that Customer's eligibility for these rates is contingent upon the ratio of Customer's Inbound Traffic Volume (traffic flowing from Cogent's network to Customer's network over the Service Interfaces) to Customer's Outbound Traffic Volume (traffic flowing from Customer's network to Cogent's network over the Service Interfaces) exceeding 1 (one) (the "Traffic Ratio ") in each calendar month of Service. For any calendar month where the Traffic Ratio does not exceed 1 (one), (a) COGENT will assess, and Customer agrees to pay, an Overage Charge equal to the difference between the "Standard Base Monthly Fee per Mbps" set forth in the Order Form and the discounted Base Monthly Fee, and (b) the Burst Fee for any burstable usage (measured in Mbps) in such month shall be charged at the "Standard Burst Fee per Mbps" set forth in the order form, not the discounted Burst Fee per Mbps. Both the Overage Charge and the Burst Fee will appear on Customer's next invoice. For purposes of this option, "Traffic Volume" shall mean actual data transfer across the Service Interfaces, as measured by Cogent for each traffic direction, taking data transfer usage samples every 5 minutes throughout the month for each Service Interface (a sample is based upon the average bytes per second across the 5- minute segment multiplied by the 5- minute sample interval to come to the total number of bytes transferred in the segment) and adding up all samples per direction. Equipment: COGENT may, at its sole discretion and if available, provide equipment for certain Services. The fees for such equipment as agreed in the Order Form will be added to Customer's invoice. COGENT does not guarantee and is not responsible for any specific type of equipment, or any equipment at all, to be made available to Customer, and such equipment will belong to Customer upon receipt. Customer will provide its own technical support to install, maintain, and integrate equipment. COGENT will not provide on -site technical support. Customer will be responsible for applicable replacement costs if the equipment is subject to any damage, unauthorized alteration/modification/repair, abnormal use, misuse, neglect, abuse, accident, improper installation, or other acts caused by Customer, its employees, contractors, or any other person. Such action or inaction may void any manufacturer warranties. Customer further agrees to indemnify and hold harmless COGENT for any third party claim based on Customer's unauthorized alteration or modification of the equipment. COGENT is not responsible for Service disruptions caused by any request by Customer to relocate equipment. Expedite Delivery COGENT's installation guarantee is strictly limited to the installation guarantee stated in the SLA. However, Customer may request in the Order Form an expedited delivery for his Service. COGENT will use commercially reasonable efforts to accommodate Customer's request; provided, however, that COGENT does not guarantee that any such request will be fulfilled (and any such guarantees given either orally or in writing are hereby disclaimed) nor does COGENT guarantee that the Service will be delivered on a specific date, such as the Requested Service Date indicated on the Order Form. 2. Burstable Service If Customer is purchasing COGENT's burstable Service, Customer will have a minimum bandwidth commitment assigned for a given port (the Bandwidth Commitment or Committed Data Rate, "CDR "). The Bandwidth Commitment is agreed upon in the Order Form and is the minimum amount of bandwidth that will be charged to Customer each month at the base Service price, even if not fully used by Customer during a given month. Customer may burst up to the maximum bandwidth that can be carried on a given port, e.g. 1,000 Mbps for a Gig- Ethernet port, subject to availability of bandwidth within the COGENT network. If Customer exceeds the Bandwidth Commitment on any burstable port in any given calendar month, Customer agrees to pay the additional per Mbps charge for excess bandwidth usage over the Bandwidth Commitment as indicated in the Order Form. Such excess bandwidth usage is calculated by COGENT as the difference between total bandwidth usage and Bandwidth Commitment, where total bandwidth usage is determined by collecting bandwidth usage samples every 5 minutes throughout the month for each port (a sample is based upon the average usage across the 5- minute segment) and determining the appropriate percentile (90th or 95th) of usage as indicated in the Order Form. Only one sample is captured for each 5- minute period, even though two samples are collected - one for inbound utilization and one for outbound utilization. The higher of the two samples is retained. For partial months, the total number of samples for the calendar month is used, for samples where there is no usage, 0 is the recognized value. For example, in a 30 -day billing period, 8,640 samples are collected (12 samples/hour x 24 hours /day x 30 days) and listed from highest to lowest. In case of 95th percentile billing, the highest 5 %or 432 samples are discarded (representing the top 5% of usage levels). The highest remaining sample (sample 433 in this example) is used to determine total bandwidth usage. For 90th percentile billing, the highest 10 %or 864 samples are discarded (representing the top 10% of usage levels). The highest remaining sample (sample 865 in this example) is used to determine total bandwidth usage. Under the "Summed Burst Billing" option available in conjunction with 90th percentile burst billing, COGENT calculates excess usage as the difference between the sum of total bandwidth usage and the sum of Bandwidth Commitment across all summed ports. For example, if Summed Burst Billing is applied over three ports with a Bandwidth Commitment of 200 Mbps on each (i.e., a total Bandwidth Commitment of 600 Mbps) and the individual 90th percentile total bandwidth usage amounts were 70 Mbps, 150 Mbps and 500 Mbps, the excess bandwidth usage would be 120 Mbps (70 + 150 + 500 - 600). Page 1 of 2 Cogent Communications vww.cogentco.com See Order Form or web site for full contact details. 25A -8 Product Rider— Dedicated Internet Access (Ver. 1 -6) Confidential © Cogent Communications. 2008 Under the "Aggregate Burst Billing" option available in conjunction with 95th percentile burst billing, excess bandwidth usage is calculated by COGENT as the difference between total aggregated bandwidth usage and the summed Bandwidth Commitment across all aggregated ports, where total aggregated bandwidth usage is determined by adding usage samples every 5 minutes across all aggregated ports. For example, if there are three aggregated ports, every 5 minutes three inbound samples and three outbound samples are collected, added up to one bandwidth usage value per direction, and the higher of the two values is retained. In a 30 -day billing period, the final 8,640 retained bandwidth usage values reflect the aggregated usage across all ports. These values are listed from highest to lowest. The highest 5% or 432 values are discarded (representing the top 5% of usage levels). The highest remaining value (value 433 in this example) is used to determine total aggregated bandwidth usage. Under both "Summed Burst Billing" and "Aggregate Burst Billing" options, a Master Service is defined in the Order Form, and all other Services involved in a Summed or Aggregate calculation are listed. Excess bandwidth usage (burst usage) calculated across the listed ports will be billed on the Master Service account. The relevant data (additional per Mbps charge for excess bandwidth usage and Billing Currency) pertaining to the Master Service will be used for calculating excess bandwidth usage fees across Master Service and all other involved Services. For example, if a customer orders ports in the UK, US, and Canada and defines the US port as the Master, all excess bandwidth usage will be billed on the US invoice in US dollars, at the burst fee indicated on the US port order form. 3. Customer's Duties to Cooperate Customer or its representative must cooperate with COGENT in the installation process, which includes accurate completion of an Order Form containing detailed demarcation information and other onsite contact listings, and of the necessary technical questionnaires (IP Questionnaire, BGP Questionnaire, etc.) as provided by COGENT. Customer or its representative must be physically present at the time of installation. During installation and at all other times, the Customer will allow access and if necessary provide escort, for COGENT's or its representatives' necessary personnel to perform the installation and maintenance of the Service, to the designated building's phone closet(s) or telecommunications room or to the Customer's premises for the purposes of survey, installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer's failure to cooperate shall release COGENT from its obligations pertaining to the Installation Guarantee included in the SLA but shall not suspend the Service Date or billing start date. In the event of technical problems relating to the Service, the Customer will ensure that COGENT's or its representatives' service engineers have unrestricted access to the designated building's phone closet(s) or telecommunications room or to the customer premises equipment. Customer's failure to provide access shall release COGENT from its obligations pertaining to the Network Availability part of the SLA. 4. Demarcation Point Within a COGENT data center: If Service delivery takes place within a COGENT data center, COGENT will deliver the Service at a demarcation point situated on the COGENT equipment. COGENT will provide, maintain and operate the necessary wiring ( "Cross- Connect ") for Customer to connect to COGENT's service at the indicated demarcation point. COGENT will provide such Cross - Connect for the fee set forth on the Order Form. Within a third -party data center If Service delivery takes place within a third party data center (i.e. that is not owned and /or operated by COGENT), COGENT will deliver the Service at a demarcation point situated on the COGENT equipment. Unless otherwise agreed, Customer will at its own cost provide, maintain and operate the necessary wiring ( "Cross- Connect ") to connect to COGENT's service at the indicated demarcation point. If Customer and COGENT agree that COGENT shall provide such Cross - Connect, then COGENT will provide such Cross - Connect against fees such as indicated on the Order Form and the Service demarcation point will remain on the COGENT equipment. Within an On -Net corporate huilding If Service delivery takes place within an On -Net corporate building, COGENT will deliver the Service at a demarcation point situated on the COGENT equipment within the Customer's suite. COGENT will provide, maintain and operate the necessary wiring ( "Riser ") between the building entry and the indicated demarcation point. At an O(- Net Customer Location: Off -Net Services are being delivered to the Customer Location indicated in the Order Form through a third -party local loop to be provisioned by COGENT on behalf of Customer. As such, the Customer and COGENT agree that the charges set forth in the Order Form for such Service assumes that such Service will be terminated at a pre - established demarcation point or minimum point of entry (MPOE) in the building housing the Customer Location, as determined by the local access provider. COGENT may charge Customer additional nonrecurring charges not otherwise set forth herein for such Service where the Customer or local access provider determines that it is necessary to extend the demarcation point or MPOE through the provision of additional infrastructure, cabling, electronics or other materials necessary to reach the Customer Location. It shall be the Customer's responsibility to allow access to the facility for the local access provider, as well as to facilitate or coordinate with the property owner at the Customer Location, all additional space and electricity determined by the local access provider to be necessary to provide the Service. COGENT will notify Customer of any additional non - recurring charges, if any, as soon as practicable after COGENT is notified by the local access provider of the amount of such charges. From time to time, COGENT may provide, and Customer may accept, budgetary estimates for the extension of the demarcation point to the Customer Location along with the initial Order Form. These estimated costs may be based on certain known costs or typical installations that do not require extraordinary efforts by the provider to extend the service. In the event actual costs exceed the budgetary estimate, Cogent will notify the Customer as outlined above. In addition, the charges and the Term set forth in the Order Form for the Service assumes that such Service can be provisioned by COGENT through the local access provider selected by COGENT (and /or Customer) for the stated Term. In the event COGENT is unable to provision such Service through the selected local access provider or the selected local access provider requires a higher cost or longer Service Term than that set forth in the Order Form, COGENT reserves the right, regardless of whether COGENT has accepted the Order Form, to suspend provisioning of the Service hereunder and notify Customer in writing of any additional non - recurring charges, monthly recurring charges and /or Term that may apply, or to cancel the Service set forth on the Order Form. Upon receipt of such notice, Customer will have five (5) business days to accept or reject such changes. If Customer does not respond to COGENT within the five (5) business day period, such changes will be deemed rejected by Customer. In the event Customer rejects the changes (whether affirmatively or through the expiration of the five (5) business day period) or if COGENT elects to cancel the Service ordered herein, the affected Service will be cancelled without cancellation or termination liability of either party. CUSTOMER: Accepted and agreed to: COGENT COMMUNICATIONS By: By: Title: Title: Date: Date: Page 2 of 2 Cogent Communications www.coeentco.com See Order Form or web site for full contact details. 25A -9 25A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES FOR A DOWNTOWN COMPREHENSIVE PARKING ANALYSIS ti CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Kimley -Horn and Associates, Inc. in the amount of $74,750, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In the late 1980s, the City /Agency constructed a number of parking structures to meet the growing demand for parking in the Downtown. The structures are in need of capital repairs, and the equipment is outdated and in need of replacement. In addition to the physical improvements needed in the structures, we also need to review such things as hours of operation, rate structure, validation options, security measures, etc. Modifications to the structures and operating procedures have been implemented over time in a piecemeal fashion and without professional advice from an experienced parking consultant. The increased use of the structures in the Downtown has also generated a new mix of stakeholders who have suggested their own modifications to operational procedures in the garages which are not necessarily consistent with each other. As a result, staff issued a Request for Proposals to qualified parking consultant firms who have experience with downtown parking facilities in a mixed -use environment. The notice requesting proposals was advertised in the Orange County Register on March 23, 2011, as well as on the City's Website. A summary of the request for proposals mailed, proposals received and the results follows: Firms mailed requests for proposals 17 Proposals received 11 Proposals received by Santa Ana firms 0 25B -1 Agreement for Parking Analysis June 6, 2011 Page 2 The evaluation committee consisted of city staff from various departments, including the Community Development Agency, Police Department, Public Works Agency, and the Planning & Building Agency. Each respondent's submittal was evaluated in the following areas: qualifications, staffing & project organization, work plan, and cost. The firms with the top five scores were invited to participate in an interview. Based on the interviews, the evaluation committee is recommending Kimley -Horn and Associates, Inc. to perform the downtown comprehensive parking analysis. Additionally, staff is recommending the addition of a 15% contingency, to cover any additional stakeholder outreach meetings beyond what was included in the RFP. FISCAL IMPACT Funds are available in the FY 10/11 Parking Enterprise Fund account (accounting unit 02718861- 62300). 'It" W C� &a)ot-et (� Nancy T. Wards Interim Ex utive Director Community Development Agency NTE /FH /kg Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez m Executive Director Finance & Management Services Agency /--0 CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT made and entered into this 6th day of June 2011, by and between Kimley -Horn and Associates, Inc. (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of parking operations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services set forth in Exhibit A, attached hereto and incorporated herein. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $74,750 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed upon completion of the project, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first set forth above and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. Exhibit 1 25B -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25B -4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) The Certificate shall state that Consultant's insurance is primary. (iii) Certificates of insurance shall be furnished to the Agency upon execution of this Agreement and shall be approved in form by the Agency Legal Counsel. (iv) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, eensultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, wh ieh may a to the extent arising from the di fee* i- aireet °p °r-atie negligent acts, omissions or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement, and from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant fui4her- agrees - te- indemnify, held hafmles� and pay all bests ferthe City, damages, regarding any aetion by a third pai4y asset4ing that per-senal injury, just eem. , restittitiofl, j tidieial or equitable relief due to personal or- pr-epel4y rights ar-ises by reason of the terms of-, or- effeets arising fiem this Agreement. Gity may make all r-easenable deeisions with 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall 25B -5 include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -37) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6549 and: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 I M. I To Consultant: Kimley -Horn And Associates, Inc. Attn: Janis Rhodes 765 The City Drive, Suite 400 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25B -7 a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: City Attorney By: Lisa E. Storck Assistant City Attorney CONSULTANT NAME: H. Dean Penny TITLE: Principal TAX ID: W. .-1 fibµ i CPO IF 1 Zty of Santa Ana Comprehensive Parking Analvusis RFP 11 -017 _ 11 Mu �I Prepared by:_ Kirriley -Horn and Associates,lnc April 11, 2011 City of Santa Ana Community Development Agency Attn: Frank Hernandez 20 Civic Center Plaza, M -25 Santa Ana, CA 92701 RE: City of Santa Ana Comprehensive Parking Analysis Dear Mr. Hernandez and members of the Selection Committee, ■ 765 The City Drive Suite 400 Orange, California 92868 TEL 714 9391030 FAX 714 938 9488 Kimley -Horn is extremely excited about the opportunity to assist our own neighboring community in downtown Santa Ana with our nationally recognized parking expertise. We know from experience that parking is an important part of the fabric of any community and, when operated correctly, can be an effective growth and economic development tool. Sadly, when parking is done wrong, it can keep people from visiting your downtown. Our goal is to provide you a set of recommendations and strategies that will help maintain the quality of the Santa Ana community, This proposal outlines our approach toward providing you with a set of recommendations and strategies that will enhance and maintain the quality of downtown. We are very pleased to be an on -call consultant for the City of Santa Ana (Contract A- 2008 -120), and are equally excited to have this new opportunity to work with you and your staff on this assignment. We look forward to the opportunity to speak with you further about our proposal. The only parties interested in this proposal as principals are named herein. This proposal is submitted in good faith, without collusion or fraud, and H. Dean Penny, as signer, has full authority to bind the company. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. ?"� 41441 Janis Rhodes Project Manager H. Dean Penny, P.E. Principal FOV pj..: C=FJ Kimley -Horn and Associates, Inc. A. General Qualifications Years in business: 44 Location of Office: 765 The City Drive, Suite 400 Orange, CA 92868 -6914 Our parking professionals can do it all. Our project manager, Janis Rhodes, has worked in the transportation industry for more than three decades — providing management and planning expertise in the Kimley -Horn and Associates, Inc. is founded on providing parking industry to both public and private sector high - quality services and products to every project no matter the complexity or size. As a fully integrated consulting firm, we offer a variety of in -house services. Parking Expertise Our parking expertise and experience is renowned throughout the U.S. — ranging from planning to design, and everything in between. Our client base includes municipalities, universities, medical campuses, and private development. Current Projects Since our founding in 1967, Kimley -Horn has been involved in parking program development for a wide variety of clients, especially municipalities. Our experience in design, analysis of needs, projections of demands, and program development have proven a major benefit to our municipal clients. We have developed parking programs that include on- street parking, surface lots that blend into historic surroundings, to award - winning parking structures integrated with mixed -uses such as transit stops, retail businesses, hotels, and offices. Our professionals take pride in helping our clients save money through the use of better use of existing facilities, as clients. She has served in a number of capacities as planner, as parking administrator in public agencies, and as owner and /or owner's representatives in planning and management of transportation and parking facilities for mixed -use complexes, retail facilities, office complexes, and medical center projects. Her parking facilities /programs have ranged in size from 400 spaces to more than 35,000 spaces. The following projects were all performed by Kimley -Horn staff and demonstrate our wide - ranging parking experience. Parking Solutions Study, South Lake Tahoe, CA Kimley -Horn is working with the City of South Lake Tahoe to develop "outside the box" solutions to the City's parking well as the design of efficient new facilities. capacity and management issues. The work has been very City of Santa Ana 2 1 TP770045.11 Exh 1 � Q ��� ndlAssociates, Inc. community centered, focusing largely on stakeholder and community outreach to develop parking solutions that fit the unique nature of the South Lake Tahoe community. Strategies and recommendations focus less on "building our way out of the parking problem" and more on realizing better efficiencies and management in the community's existing infrastructure. The City relies heavily on tourism — a small population of 25,000 swells to over 100,000 during the peak vacation season, The goal of the project is to encourage tourism, increase patronage of local businesses, and increase the overall economic sustainability of the City, which otherwise would suffer due to insufficient parking, Additionally, our services include conducting an intercept parking survey to assist in selecting parking solutions, developing a parking demand model, and reviewing the existing parking management plan. Date Work was Performed: 6/2010 - Ongoing Cost: $35k Key Personnel: Janis Rhodes, Brett Wood Client Reference: Nancy Kerry, South Lake Tahoe Redevelopment Agency 530.542.6043 Downtown Paso Robles Parking and Master (Specific) Plan, Paso Robles, CA Kimley -Horn worked closely with an ad -hoc committee that included downtown business owners, City Planning Commissioners, City Council members, and representatives primary objectives established for the parking component of the study included: quantification of the existing and future demand for spaces in public lots and on City streets, validation of what the City believed were the most important issues for business owners, development of a plan for increasing the current and future parking supply, and development of solutions that are not out -of- character with the downtown. Date Work was Performed: 2007 -2010 Cost: $168k Key Personnel: Bill Dvorak, Chuck Reedstrom Client Reference: David Sargeant, Moule & Polyzoides 626.844,2400 East Thousand Oaks Boulevard Parking Needs Study, Thousand Oaks, CA Kimley -Horn completed an inventory and demand survey of more than 5,000 on- street and off - street parking spaces in this critical commercial area of the City. Efforts also included extensive coordination with area business owners and tenants to identify and define the parking problems and issues and development of creative solutions from the Chamber of Commerce on this project. Four to resolve the problems. Solutions included possible City of Santa Ana r yQ Kimley -Horn 3 1 TP770045.11 Li xh l�� 1 S � � � and Associates, Inc. formation of a Business Improvement District (BID), re- each. Programs analyzed included: beach parking pass, striping of on- street spaces, shared parking agreements for customer validation program, residential permits, employee adjacent businesses, enforcement of time restrictions, and construction of new parking lots and garages. Date Work was Performed: 2000 -2001 Cost: $50k Key Personnel: Bill Dvorak Client Reference: Kathy Lowry, City of Thousand Oaks 805.449,2416 Downtown Parking Rate Study, Huntington Beach, CA The purpose of the parking rate study was to analyze the various parking programs and the rates associated with each to determine if the rates charged were consistent with the use of the City's facilities and the original intent for how the City's facilities were designed to be used. Kimley -Horn used various tools to analyze the parking rates. A comparison of rates charged by similar cities was used to develop a matrix comparing comparable facilities and schedule of rates. Existing programs were analyzed based upon overall utilization, peak activities, revenue parking, valet parking, structure parking, and the On- Street meter program, Kimley -Horn recommended modifications to several programs that were subsequently approved by city council for implementation. Kimley -Horn performed a follow -up analysis after one year of implementation to confirm the new programs met expectations and produced the desired results. Date Work was Performed: 2009 Cost: $48,986 Key Personnel: Chuck Reedstrom Client Reference: Kellee Fritzel, City of Huntington Beach 714.375.5186 Santa Monica Downtown Parking Operation Review and Interim Parking Plan Development, Santa Monica, CA Kimley -Horn is working closely with the Santa Monica Downtown, Inc. and City staff to review current parking management of the 311 Street Promenade parking facilities and other Civic Center and Civic Auditorium parking facilities along with on- street spaces and parking lots. The objectives of this review is to develop and advise the team on preparation an interim parking plan during the demolition and re- construction period of Parking Structures # 3 and # 6, and a variety of other development and construction projects in the downtown and civic center areas, The interim generated by facility, and operational costs associated with plan includes a review of existing parking facility utilization, City of Santa Ana r = Kimley -Horn E 4 1 TP770045.11 xh i2M —U ��� and Associates, Inc. ff 77 City of 'SanfaAna Comprehensive Parking Analysis — --A 1 operations policies, parking rate analysis, alternative parking with both the City of Lincoln and the Downtown sites, shuttle services, and valet services, Additionally, Lincoln Association in Nebraska and to assist them in Kimley -Horn is assisting the team with a review of parking implementation of their Parking Strategic Plan. Dennis lots and on- street parking. Burns helped the City to develop the strategic pan prior to Date Work was Performed: 2010 — Ongoing Cost: $52k Key Personnel: Janis Rhodes, Dean Penny Client Reference: Kathleen Rawson, Executive, Downtown Santa Monica, Inc. 310, 393.8355 Downtown Public Parking System Review, Boise, ID joining Kimley -Horn, and is assisting with implementation. Date Work was Performed: 6/2010 - Ongoing Cost: $20k plus current on -call contract Key Personnel: Brett Wood, Dennis Burns Client References: Dallas McGee, 402.441,7857 Urban Development Terry Uland, 402,434.6904 Downtown Lincoln Association The overall goal of this project was to re- define the mission Greater Downtown Master Plan, Missoula, MO and purpose of the public parking system in Downtown Boise. The outcome of this very successful study was a community endorsed parking management plan with numerous dimensions and new policy direction designed to align the public parking program with the larger community's strategic and economic development goals, Date Work was Performed: 2003 Cost: $65k plus on- calls'05 -08 and 09 -14 Key Personnel: Dennis Burns Client Reference: Max Clark, Capital City Development Corporation, 208.384.4264 Parking and Facilities Director Comprehensive Downtown Parking Study, City of Lincoln/Downtown Lincoln Association, NB Kimley -Horn has an active On -Call Services contract with the Missoula Parking Commission to assist them in implementation of their parking Strategic Plan (including evaluation of new parking technologies), Date Work was Performed: 3/2011 - Ongoing Cost: $30k plus current on -call contract Key Personnel: Janis Rhodes, Brett Wood, Dennis Burns Client Reference: Anne P. Guest, Parking Comm. 406.721.3501 B. Key Staff Janis Rhodes, Project Manager, has worked in the transportation industry for more than 31 years providing management and planning expertise in the parking industry Kimley -Horn has an active On -Call Services contract to a variety of clients in the public and private sector. She City of Santa Ana r �7� 5 1 TP770045.11 Li xh FMB- 15 ��� l s andA Associates, Inc. has served in a number of capacities as planner, as parking Charles Reedstrom, CAPP, Technology Assessment administrator in public agencies, and as owner and /or owner's representatives in planning and management of transportation and parking facilities. Brett Wood, Parking Management, offers more than five years of experience in parking demand and management & Focus, is a nationally renowned parking planner and technologies consultant. He is known for his expertise with the development and expansion of projects involving Information Technology Systems (ITS) applications, accounting and financial reporting applications, and analysis, including supply and demand evaluations, parking automated audit capabilities. Chuck focuses on facility operations management, and strategic parking planning for communities, universities, and medical campuses. H. Dean Penny, P.E., Technology Assessment & Focus, is the director of Kimley- Horn's parking facilities practice and has nearly three decades of structural engineering and parking - related consulting experience. Dean has been involved in the planning, design, rehabilitation, and repair of numerous structures, serving as project engineer, project manager, or principal -in- charge from design through construction. management systems to improve the client's ability to actively manage their parking facilities. Subcontractor — Survey: Eileen Goodwin, APEX Strategies, has leadership experience in building consensus and in completing complex projects involving numerous parties on time and within budget. She has 28 years of experience advising public and private sector clients on community outreach activities, sustainability issues and land use entitlement strategies. Assistant Project Manager .� Brett wood, P.E.* Charles Reedstrom, CAPP Eileen Goodwin Stefan Huyghe Dennis Burns, CAPP H. Dean Penny, RE. Apex Strategies Communicaid *See resume far state of registration. City of Santa Ana 6 1 TP770045.11 C� Kimley -Horn M and Associates, Inc. C. Project Specific Approach and parking operations staff: Methodology 1. Purpose of parking The Kimley -Horn team will help the City of Santa Ana 2. Hours of accessibility 3. Hours of enforcement evaluate parking facilities and operations within its 4. Duration of parking downtown, including comprehensive evaluations of 5. Special parking needs operations, stakeholder outreach, recommendations for 6. Meter equipment management and facility improvement, and setting metrics 7. Rate structure and an overall monitoring system for measuring success. 8. Fines, penalties, towing The following methodology outlines the Kimley -Horn 9. Free parking -grace period approach to City of Santa Ana Comprehensive Parking 10. Validation 11. Efficiency of operations Analysis, 12. Public perception Task 1 — Parking Program Evaluation 13. Public expectation Kimley -Horn will perform an evaluation of the City of Santa 14. Public need Ana's current parking facilities and the parking operations. 15. Number of parking meter spaces The parking facilities to be reviewed include 530 on- street 16. Related services 17. Baseline services metered parking spaces, 1,900 parking spaces in four 18. Special event parking- Garage access and exiting parking structures, and 60 parking spaces in one surface 19. Deficiencies lot. Kimley -Horn will work with the City to collect base data 20. Technology enhancements on the current parking facility operations. Kimley -Horn 21. Public information process will also perform a series of field reviews of the parking 22. Physical layout and traffic flow facilities to gather additional information and observe the 23. Residential Parking (overnight) actual operations, It is assumed that the field data collection 24. Public information process 25. Add'I features observed during field data collection and observations will occur in conjunction with the project Task 2 — Stakeholder Outreach kickoff meeting and initial stakeholder outreach sessions. The assessment of facilities and operations will include Stakeholder and public outreach will be an integral part a review of the following features for both the on- street of the evaluation process. Several of the evaluation and off - street system, either through a review of the City criteria outlined in Task 1 dealt with public perception or provided data, visual observations, or discussions with expectation of parking facilities, operations, availability, and general cost, Kimley -Horn is prepared to conduct City of Santa Ana Kimley -Horn 7 1 TP770045.11 E xh 1 � ��� and Associates, Inc. '+t kv a City ol'SanrtaAna `r ,,<<� Comprehensive Parking Analysis extensive outreach through three channels. First is general Following the completion of Tasks 1 and 2, Kimley -Horn will public outreach through online surveying. Kimley -Horn will develop, maintain, and tabulate an online survey tool. We develop a draft report that summarizes the results of the parking program evaluation and provides recommendations have found that efforts of this type are best served through for improving program operations. Each recommendation online survey mechanisms, which provide for greater will include a comparison of advantages and disadvantages, portability of the study and allow for greater access and easier tabulation of results. implementation strategies, potential cost mitigation strategies, and communication and education materials. Second, Kimley -Horn will work with the City to identify a project advisory committee that will be used throughout the project process to identify issues, vet recommendations, and generally provide oversight to ensure that the results of the project are consistent with the vision of the City. Third, Kimley -Horn will facilitate stakeholder outreach (four meetings) to interact with key community stakeholders (as Task 4 — Presentation to Stakeholders Following the submission of the draft report, Kimley - Horn will present the findings and recommendations to community stakeholders and the project advisory committee. Task 5 — Presentation of Final Report Following the presentation of the draft report and receiving comments from the City, Kimley -Horn will compile the final identified by the City). Kimley -Horn will prepare all materials, report for submission to the City. Kimley -Horn will also including presentations, flyers, hand -outs, graphic materials, meeting minutes, etc. The results of the three public outreach channels will be used in combination with the results from Task 1 to develop specific recommendations and improvement strategies. present the final findings and recommendations in two (2) separate meetings to either City Council or City staff (or a combination of both). Task 6 — Monitoring and Follow -Up As part of the existing analysis and development of Task 3 — Draft Parking Analysis Report recommendations, Kimley -Horn will help the City establish City of Santa Ana 8 7P770045.11 — and Associates, ocates,Inc. I EXl'11�� '� D. Schedule benchmarks and metrics that can be used to help monitor the progress of the program after the changes are implemented. Kimley -Horn will budget additional hours after completion of the project to help the City monitor specific parking data and revenue streams to ensure that the recommendations are acting as intended. Kimley -Horn will also help the City adjust recommendations and metrics, if needed, to maintain successful operation of the program. Month 1 Month 2— Month 3 Month 4 Beyond Project 11 12 13 14 11 12 13 14 [11-2-1314 1 2 3 4 Task 1:- Parkinq Program Evaluation Assess Parkingo Task 2 - Stakeholder Outreach Public Surve Stakeholder Outreach Advisory Committee o 0 0 0 Task 3 - Draft Report ExistinQ Anal sis Recommendations Task4 - Presentation Ink Task 5 - Final Report � o Task 6 - Monitoring Program and Follow-up I I NnNn Assumes a 120 -day work schedule from notice to proceed to project finish. Projects start date of 6/15/11 and finish date of 10/15/11. O - Meetings with City staff and /or project advisory committee. A - Submittals to City which require feedback, comments, scheduling meetings, etc, These are time sensitive responses. Delays in staff res onse will impact the overall schedule. E. Exceptions /Deviations Kimley -Horn requests the following contractual exception to the sample Consultant Agreement included with the Requested exception to sample Consultant Agreement: The requested modification would make the terms of this clause the same as previously negotiated and agreed upon RFP. We look forward to negotiating a mutually beneficial language with the City. agreement. City of Santa Ana 91 TP770045.11 E x h i2 r� — U C=11 Kimley -Horn and Associates, Inc. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, ageffts, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which - fffay-aHSe to the extent arising from the diFeet of `ndi fe * operations negligent acts, omissions or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement, and from any claim that personal injury, damages, just compensation, restitution, judicial F. Rates /Cost Proposal or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Gonsultant further agFee -- - -- - ...... . - - - Stakeholder Translator/ Prof. Engineer Sub- Technical INUMV NVOISM, Principal MOM C. Engineer Transp. Admin. consultant * nm Direct D. Penn Rhodes Reedstrom B. Wood Anal st Staff E. Goodwin Communicaid Ex enses Total G. References See Section B. Key Staff *Third Parry Stakeholder Meeting Facilitator and Translator and Translation of public notices, etc. These items may be adjusted depending on City needs. ** Not -to- exceed fee. City of Santa Ana 10 1 TP770045.11 I i,.._ C=/1 Kimley -Horn and Associates, Inc. Senior Prof. Stakeholder Translator/ Prof. Engineer Sub- Technical Principal J. C. Engineer Transp. Admin. consultant * Translator„ Direct D. Penn Rhodes Reedstrom B. Wood Anal st Staff E. Goodwin Communicaid Ex enses Total Task 1 Parking -Program Evaluation Task 4 Presentation to Stakeholders Task 5 Presentation of Final Report -m-®■■-_M® . • • • • L Total Hours Total for Project 4320 18900 3420 18995 3640 2990 4500 4290 3930 65000 ** *Third Parry Stakeholder Meeting Facilitator and Translator and Translation of public notices, etc. These items may be adjusted depending on City needs. ** Not -to- exceed fee. City of Santa Ana 10 1 TP770045.11 I i,.._ C=/1 Kimley -Horn and Associates, Inc. Ciiy afSanfaAna ■i+ Comprehensive Parking Analysis Janis Rhodes Project ,AlIannger . Professional Credentials & Memberships • Master of Science, Urban Planning, University of Arkansas • Bachelor of Science, Education, University of Arkansas • International Parking Institute • California Downtown Association • California Public Parking Association • Urban Land Institute Special Qualifications ■ Experienced in the parking industry for more than three decades ■ Served as municipal parking administrator for Pasadena for two years, West Hollywood for three and a half years • Provides parking management and planning services • Responsible for planning and managing parking facilities, parking programs, and transportation systems for transit - oriented developments, ports, municipalities, colleges and universities, healthcare facilities, airports, and private- sector developments Introduction Janis has worked in the transportation industry for more than 31 years providing management and planning expertise in the parking industry to a variety of clients in the public and private sector. She has served in a number of capacities as planner, as parking administrator in public agencies, and as owner and /or owner's representatives in planning and management of transportation and parking facilities for mixed use complexes, retail facilities, office complexes, and medical center projects. In these project types, Janis was responsible for planning, project management, and construction administration and financing due diligence and financing coordination. Additionally, Janis worked as a consultant providing services to numerous clients including ports, municipalities, colleges and universities, health care facilities, airport facilities, and private sector clients over the last 20 years. Consultant services have been in all aspects of planning and management of numerous transportation systems, parking facilities, and parking programs. Parking facilities/ programs have ranged in size from 400 spaces to more than 35,000 spaces. These facilities have included; ■ municipal facilities, ■ healthcare facilities and hospitals, • aviation /airports, • colleges and universities, • entertainment and special event venues, ■ airport and off - airport facilities, ■ port projects, and ■ private commercial parking facilities. The facilities have included all types of parking studies for parking programs, development and project planning for parking facilities, below grade parking facilities, and mixed - use facilities including urban village projects and life -style centers. City of Santa Ana 7—� Kimley -Horn Resumes:1 I TP770045.11 Exh 1 B-21 ��� and Associates, Inc. i s I_ Agri 1 � j a Cityof'SautaAna 9 si; 4 ' Com rehensive Parking Analysis Janis Rhodes continued Relevant Experience • City of Santa Monica, CA • City of Burbank, CA • City of West Hollywood, CA • City of Pasadena, CA • City of Denver, CO • City of South Lake Tahoe, CA • City of Danville, CA • City of Capitola, CA • California State University, Los Angeles, CA • Salinas Valley Memorial Hospital System, Salinas, CA • Village of La Jolla, San Diego, CA • Port of Seattle, WA • Port of San Diego, CA • Washington State Convention Center, Seattle, WA • Seattle Center, Seattle, WA • Oregon Health and Science University, Portland, OR City of Santa Ana r Kimsey -Horn Resumes:2 I T11770045.11 E 770045.11 xh 1 kSB —� ��� and Associates, Inc. I Brett Wood, P.E. Parki ng Ala n age m e n t Professional Credentials & Memberships • Master of Science, Civil Engineering, University of Alabama • Bachelor of Science, Civil Engineering, University of Alabama • Professional Engineer in Arizona and North Carolina • Carolinas Parking Association • International Parking Institute ■ North Carolina Section of the Institute of Transportation Engineers Special Qualifications • Developed a unique parking demand model that allows our clients to predict how changes in development, parking capacity, and multi -modal frequency affect the overall parking demand for an area. • Has worked with more than 30 communities, universities, and medical campuses to understand parking demands, management issues, and develop strategic goals for improving the overall parking system. • Experience includes parking strategic planning, transportation planning, and community planning — this diverse background allows Brett to approach parking and access issues from all sides, usually resulting in innovative approaches or recommendations, in parking demand and management analysis, including supply and demand evaluations, parking operations management, and strategic parking planning for communities, universities, and medical campuses. He also brings to his projects an extensive background in transportation and community planning, which provides an understanding of the relationship between parking demands and the management of general transportation demands and the community at large, Brett led the development of a unique parking demand model that helps municipalities monitor changes to parking demand based on development intensity, transportation mode choices, and zoning changes, Over the past three years, he has helped more than a dozen municipalities, universities, and medical campuses develop their own versions of the dynamic parking demand model. Relevant Experience • Downtown Dallas Parking Strategic Plan, Dallas, TX • South Lake Tahoe Parking Solutions Study, South Lake Tahoe, CA • Tempe Parking Strategic Plan, Tempe, AZ • Glassboro Parking Strategic Plan, Glassboro, NJ • Salt Lake City Parking Management Plan, Salt Lake City, UT • Del Ray Neighborhood Parking Management Plan, Alexandria, VA • Center City Curb Lane Management Study, Charlotte, NC Introduction ■ Central Business District Parking Strategic Plan, Brett offers more than five years of experience specializing Wilmington, NC City of Santa Ana C = FJ Kimley -Horn Resumes:3 I TP770045.11 E xh Z and Associates, Inc. J. Brett Wood, P.E., continued • North Myrtle Beach Oceanfront Parking Study, SC • Henderson Downtown Parking Master Plan, NV • Uptown Parking Demand Model, Charlotte, NC • Downtown Asheville Comprehensive Parking Study, NC • Virginia Beach Convention Center Hotel Parking Analysis, Virginia Beach, VA • Mission Hospital Parking and Circulation Studies, Asheville, NC • Moses Cone Hospital Parking Analysis, Greensboro, NC • McLeod Regional Medical Center Parking and Transportation Analysis, Greenville, SC • North Myrtle Beach Thoroughfare Plan, Horry County, SC City of Santa Ana Kimley -Horn Resumes:4 I TP770045.11 Exh l B—� C�� and Associates, Inc. H. Dean Penny, P.E. Technology Assessment &' Focus Professional Credentials & Memberships • Broad experience in working with municipal clients on a variety of parking program and facility issues. • Master of Science, Civil Engineering, North Carolina State University ■ Bachelor of Science, Civil Engineering, North Carolina State University ■ Professional Engineer in California, Alabama, Arizona, Arkansas, Florida, Indiana, Nevada, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia ■ American Society of Civil Engineers • International Parking Institute • National Society of Professional Engineers • Parking Consultants Council (former member) Special Qualifications • Involved in the planning, design, construction, and restoration of numerous projects throughout the U,S. • All types of construction techniques and delivery methods, ■ Has served as an expert in the review and analysis of Dean has been involved in the planning, design, rehabilitation, and repair of numerous structures, serving as project engineer, project manager, or principal -in- charge from design through construction. His design and construction projects have included structural steel, reinforced concrete, pre -cast pre- stressed concrete, post - tensioned concrete, and timber on all types of buildings, parking decks, and bridges. He earned his bachelor's and master's degrees in civil engineering from NC State, and is a registered Professional Engineer in 12 states. He is a member of numerous professional organizations, including the American Society of Civil Engineers and the International Parking Institute. Relevant Experience Includes the evaluation of traffic flow, entrance /exit evaluations, and general operations of off - street facilities in the following areas: • City of Richmond, CA • City of Santa Monica, CA • City of San Jose, CA • City of Charlottesville, VA • City of Raleigh, NC numerous design and construction related claims and /or ■ City of Durham, NC deficiencies, ■ Arlington County, DC Introduction Dean is the director of Kimley- Horn's parking facilities practice and has nearly three decades of structural engineering and parking - related consulting experience. City of Santa Ana Resumes:5 I TP770045.11 ■ City of Charlotte, NC ■ Numerous other locations Exhi _&a C=" Kimley -Horn and Associates, Inc. Charles D. Reedstrom, C"P Technology Assessment & Focus Professional Credentials & Memberships ■ Bachelor of Business Administration, Finance, University of Texas ■ Certified Administrator of Public Parking (CAPP) Special Qualifications Relevant Experience ■ Real -Time Beach Parking Project, Santa Monica, CA ■ Parking Control Revenue Control Systems, Department of General Services, Various Locations, CA * ■ Revenue Control System, Oakland International Airport, Oakland, CA* ■ Facility Management and Parking Guidance System, • Over 35 years professional parking experience Sacramento International Airport, Sacramento, CA* • Specializing in the implementation of PRCS technologies McKinney Downtown Parking Study, McKinney, TX including Parking Meters, Pay -on -Foot, Credit Card In / ■ Dallas /Fort Worth International Airport, Parking Revenue Credit Card Out, Express Credit Card Existing, traditional cashiering, Automatic Vehicle Identification, Toll Road Transponder (AVI Payment, License Plate Recognition, License Plate Inventory, Parking Space Count, Parking Guidance, Single Space Monitoring, Fiber Optic Control System, DFW International Airport, TX • Parking Revenue Control System Replacement (PRCS), San Antonio, TX • Charlotte /Douglas International Airport, Parking Revenue Control, Charlotte, NC Networking, Closed Circuit Television, Employee Access, ■ Revenue Control System Upgrade, City of San Antonio, and Intercom, among others Introduction Chuck is a nationally renowned parking planner and technologies consultant, He is known for his expertise with the development and expansion of projects involving Information Technology Systems (ITS) applications, accounting and financial reporting applications, and automated audit capabilities. Chuck focuses on facility management systems to improve the client's ability to actively manage their parking facilities. City of Santa Ana Hesumes:6 I TP770045.11 San Antonio, TX * • Parking Access and Revenue Contorl Sytem (PARCS), Salt Lake City International Airport, Salt Lake City, UT* • Parking Facilities, Dallas Love Field, Dallas, TX • Nashville International Airport , Nashville, TN* • Phoenix Sky Harbor International Airport , Phoenix, AZ* • Facility Management System and Garage Count System, San Antonio International Airport, San Antonio, TX* • Revenue Control System , Midway Airport, Chicago, IL* 'Prior to joining Kimley —Hom C=/1 Kimley -Horn and Associates, Inc. Eileen Goodwin APCX StWtegics Professional Credentials & Memberships • Certificate in Finance; University of California, Santa Cruz • Masters of Science, Political Communication; University of Chicago ■ Bachelor of Arts, Double Major With Honors; Claremont Men's College Special Qualifications ■ Peer Reviewer for Published Research, Mineta Transportation Institute San Jose State University, ongoing • Contributing Author, Transportation Funding Options: A Survey of California Voters, Mineta Transportation Institute at San Jose State University, 2006 • Member, California Transportation Foundation Board, ■ Chair, Valley Transportation Authority Technical Advisory Committee, 1996 • California Transportation Foundation, Special Award, 1991 • Silver Anvil, Finalist, Public Relations Society of America, 1995 • Woman of the Year, Women's Transportation Seminar, 1994 • Outstanding Business Woman, American Business Women's Association, 1993 • Award of Merit, Metropolitan Transportation Commission, 1991 Introduction Eileen has leadership experience in building consensus and in completing complex projects involving numerous parties on time and within budget. She has 28 years of experience, advising public and private sector clients on community outreach activities, sustainability issues and land use entitlement strategies. Relevant Experience ■ City of San Jose Planning Department Coyote Valley • Chair, Capital Improvement Program Committee, Valley Specific Plan Transportation Authority, 1995 ■ Water Emergency Transportation Authority (WETA) • Member, Self -Help Counties Coalition, on going ■ City of Morgan Hill ■ Grand Award, Metropolitan Transportation Commission, 1995 • Excellence in Transportation, Caltrans,1995 • California Transportation Foundation, Outstanding Project, 1995 ■ City of Newark • The Transportation Agency of Monterey County (TAMC) • Redevelopment Agency of the City of San Jose • Santa Clara County Traffic Authority City of Santa Ana C =FJ Kimley -Horn Resumes:] I TP770045.11 Exh l 2 and Associates, Inc. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENT WITH WESLEY A. BOSCH FOR CAREER AND COUNSELING SERVICES AT SANTA ANA WORK CENTER C/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Wesley A. Bosch in the amount of $90,000 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On May 18, 2009, the Santa Ana WORK Center released a Request for Qualifications for a career counselor to assist clients regarding career choices and goals. In addition, the counselor would also assist clients to resolve personal and /or family issues that may be interfering with reemployment and training goals. One proposal was received from Wesley A. Bosch. Mr. Bosch, a family and marriage counselor, has been providing counseling services for clients at the Santa Ana WORK Center for the past eleven years. Staff recommends that a contract with Mr. Bosch be approved for the period of July 1, 2011 to June 30, 2012 to continue to provide this service to WORK Center clients. FISCAL IMPACT Funds will be available in the One Stop program account (no. 12318751 - 62300), the One Stop Adult account (no. 12318753 - 69145), and the One Stop Dislocated Worker account (no. 12318754 - 69145) pending approval of the 2011 -12 budget. The balance of funds will be available from the 2010 -11 carry forward funds in the One Stop Adult and Dislocated Worker accounts (nos. 12318753 -69145 and 12318754- 69145). 25C -1 Agreement — Wesley A. Bosch June 6, 2011 Page 2 C(/ ! 1 w A Ad Nancy T. Pwards Interim Ex cutive Director Community Development Agency NTE /LO /CR /sv Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: n� Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 AGREEMENT WITH WESLEY A. BOSCH, M.A. UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 6th day of June, 2011, by and between Wesley A. Bosch, M.A., hereinafter referred to as "CONSULTANT ", and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ". W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONSULTANT is experienced in providing assessment and career counseling for economically disadvantaged adults and youth for entry into the labor market ( "said program "). E. CONSULTANT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: TIME PER10D OF AGREEMENT This Agreement shall commence as of July 1, 2011 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2012. The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency, or her designee, and the City Attorney. .1 Ae1� 1 2. INDEPENDENT CONTRACTOR CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONSULTANT shall not subcontract any of the services required hereunder without the prior written approval of the CITY. 3. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in the Scope of Work attached hereto and incorporated herein as Exhibit A to this Agreement. 4. CONSULTANT OBLIGATIONS A. CONSULTANT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONSULTANT does not make the above - referenced documents available within the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONSULTANT and all documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance 2 25C -4 of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONSULTANT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder. D. CONSULTANT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own expense supplies and other costs of said PROGRAM. E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1 -31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONSULTANT shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of this Agreement. H. CONSULTANT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 3 25C -5 J. CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964, and provisions of WIA Section 188, as well as Equal Employment Opportunity provisions in Executive Order ( "EO ") 11246, as amended by EO 11375, and supplemented by the requirements of 41 CFR Part 60. Section 188 ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIA assistance. EO 11246 specifically prohibits federal contractors and subcontractors and federally assisted construction contractors, subcontractors or subgrantees that have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. All covered contractors must take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. APPLICABLE GUIDELINES A. The parties hereto agree that CONSULTANT shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONSULTANT also assures and certifies that: 1. CONSULTANT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONSULTANT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONSULTANT shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONSULTANT shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONSULTANT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall 4 25C -6 state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONSULTANT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONSULTANT by the CITY and /or purchased by the CONSULTANT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONSULTANT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 8. CONSULTANT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONSULTANT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONSULTANT may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONSULTANT is subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 12. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a Ianguage other than English in order to allow such population to be effectively informed about or able to participate in the 5 25C -7 program or activity. Pursuant to 29 CFR 37.35, the CONSULTANT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the amount not to exceed Ninety Thousand Dollars ($90,000.00). CONSULTANT will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said invoice, subject to CITY accounting procedures. CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. 7. MISCELLANEOUS PROVISIONS A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONSULTANT certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and Government Code 12900, et seq. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in the performance of this Agreement. INSURANCE CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive professional public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the term of this Agreement a policy of professional public liability insurance insuring the CITY and 6 25C -8 CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of professional liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. CONSULTANT agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONSULTANT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a change order. 7 25C -9 12. BREACH - SANCTIONS If, through any cause, CONSULTANT violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONSULTANT pursuant to this Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, CONSULTANT shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONSULTANT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the Council With courtesy copy to: City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 Santa Ana Work Center 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Telefacsimile (714) 565 -2602 To CONSULTANT: Wesley A. Bosch 24001 Muirlands Blvd., #331 Lake Forest, CA 92630 Telefacsimile (714) 565 -2602 25C -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Nancy T. Edwards Interim Executive Director Community Development Agency CITY OF SANTA ANA By: City Manager CONSULTANT: Wesley A. Bosch, M.A. Tax ID # /SS #: 9 25C -11 EXHIBIT A WESLEY A. BOSCH, M.A., M.F.T. 24001 Muirlands Blvd., #331 Lake Forest, CA 92630 -1717 (949) 829 -0719 (714) 565 -2648 wbosch0l @sbcglobal.net or wbosch @santa- ana.orci April 12, 2011 Linda A. Summers City of Santa Ana Community Development Agency 20 Civic Center Plaza, M -25 Santa Ana, CA 92701 Dear Ms. Summers: I am writing concerning the possible extension of the contract I have as a Career Counselor consultant at the Santa Ana W /O /R /K Center for the upcoming fiscal year, 2011-2012. 1 have enjoyed the privilege of serving in the capacity of Career Counselor, also referred to as the Wellness Coordinator or Counselor. As a reminder of the services I've provided; the Personal Counseling has involved helping people in need of and who desired counseling as they psychologically struggled with their unemployment status. Career Counseling has been for those unclear about their vocational direction, either because they have never established a career or their career has significantly lost demand locally. Vocational Assessment has involved administering and interpreting a battery of multiple measures primarily for those being considered for vocational training. The customer base has been those seeking employment and /or training at the SAWC, including those who were enrolled in Workforce Investment Act (WIA) programs and individuals enrolled in other related programs, such as the Department of Social Services' work experience and EDD's TRA and TAA programs. Customers include multiethnic, multicultural, and economically disadvantaged populations. I would be honored to continue in this capacity for the next fiscal year. Thank you for your consideration. Sincerely, n IZ14 CI�� 'Z��4 Wesley A. Bosch, M.A. 25C -12 Wesley A. Bosch, M.A. April 12, 2011 This section of the RFQ response reflects an expansion of my summary of qualifications and experience in the areas related to the Career Counselor position being offered. Personal Counseling My Counseling work at the SAWC over the past 14 years has involved me in consulting with customers and staff on a variety of issues and concerns related, in general, to personal, interpersonal, and /or behavioral barriers to success. Some more specific examples of these include high levels of stress accompanied with disabling fear; marital conflict related to pressures of limited money, lack of work, or uncooperative partner support for school /training and study time; depression with suicidal thoughts and feelings; profound grief; feelings of being lost, not knowing what direction to go in; feelings of being overwhelmed by a myriad of problems in their lives, including family issues that their unemployment status only added to; and a sense of isolation; among others. The duration of counseling ranges from one or two sessions for clarification, encouragement, and support, up to a few months of weekly sessions when problems or the need for ongoing emotional support persist while still unemployed. I have generally been effective in helping customers improve their coping skills and ego strength, self- esteem, developing a more positive outlook with a sense of hope, and a reduction in relationship conflicts or in process of resolving them. Additionally, a benefit has been improvement in their motivation and functioning in their job search or training activity, including increases in their activity level and more effective and positive job interviewing. I provided referrals on occasions when evaluation revealed the need for outside mental or medical healthcare services or other resources. My previous mental health services was to persons with a wide range of disorders and conditions in a variety of roles and settings, such as direct patient care in state, county, and private hospitals, hospital psychiatric social work, group leadership and program development, in- and outpatient consultation, outpatient private practice, and employment assistance program (EAP) counseling. Through attendance of continuing education programs, reading, and personal discussion with other professionals, I remain up -to -date with current information and developments in the mental health field. Career Counseling Concerning career issues, I often work with customers presenting with complaints of not having a clear idea or goal, especially when their previous occupational field is diminishing or recognizing that they are not progressing in life after bouncing from one unfulfilling job to another. With some individuals, it becomes evident how career and personal counseling can and do overlap, as the issues of one area are often affected by the other. Within a few sessions, customers generally become clearer about their realistic career goal options, engaging in occupational research, and make decisions about reaching their goals. This may involve referrals for case management and training, to other One -Stop partner agency staff, or outside resources. 2 25C -13 Wesley A. Bosch, M.A. April 12, 2011 I was a Matriculation Counselor for the North Orange County Community College District ( NOCCCD), involving counseling prospective and current students in regards to their educational and career goals. My continuing effort to remain updated with career development and labor market issues and trends in the marketplace contribute to my effectiveness as a Counselor in this area. Vocational Counseling As a Vocational Counselor, I have provided comprehensive vocational assessment services and information to case managers and their customers at the SAWC. The assessment process consists of the administration, interpretation, and counseling of a multiple vocational assessment battery of interests, aptitudes, transferable skills, personality, and work values. Vocational needs, appropriate occupational direction, strengths and weaknesses, and barriers to employment or training are identified. The assessments have been utilized for various purposes, including vocational training, Work Experience (WEX) placement, viable direct job placements, and basic skills level determination. I initiated and administer workplace skills testing, primarily determining customer skill levels in keyboarding, computers, and the MS Office Suite. I served as a Vocational Counselor (Technical Specialist) for the NOCCCD for six years and Rancho Santiago Community College District, engaged in Vocational Assessment and Counseling for JTPA, WIA, WtW, and general public populations. Workshop and Group Leader For a period of time at the SAWC, I conducted weekly workshops for the Center's JTPA customers on topics of Self- Esteem and Stress Management. Career Development and Job Search workshops were also provided to one extensive group of customers (from Mitsubishi). As a Psychotherapist and Social Worker, I coordinated and conducted group therapy sessions on a daily basis for several years, primarily in a hospital setting. Summary I believe there is much support for my candidacy for the position of Career Counselor by combining my valuable experience in a broad range of relevant areas; my excellent relationships at the SAWC; my background of providing Career Counseling and Vocational Assessment and Testing to a broad and diverse customer population; and Psychological Counseling based on my extensive professional healthcare background and education /training as a Counselor, 25C -14 Wesley A. Bosch, M.A. April 12, 2011 Summary List of Qualifications • Master of Arts degree in Marriage and Family Therapy • Licensed as Marriage and Family Therapist since 1981 • Extensive history dating back many years of providing Counseling and Psychotherapy services to a wide variety of clients and patients, including multiethnic, multicultural, and the economically disadvantaged, in a variety of settings, including hospitals, clinics, and office, on an individual, familial, and group basis • Comprehensive experience working directly with unemployed or underemployed individuals (14 years), and providing Vocational Assessment and Career Counseling Services (13 years), including administering and interpreting a wide array of vocational assessment instruments. • Familiarity with various aspects and resources of the Orange County mental health professional community, as well as career development and labor market information resources • Knowledgeable and experienced in working with loss (e.g., loss of employment), self esteem issues, stress management, depression and other mental health disorders, and the techniques to facilitate improved functioning and outlook • Knowledge and skill in personal and vocational evaluation to determine level of need and services • Proficient in maintaining detailed records, confidentiality, and communicating with appropriate staff • Knowledge of and familiarity with the Workforce Investment Act (WIA), Welfare to Work (WtW), and Work Experience (WEX) programs, the multiple agency partners who are a part of these programs, and excellent relationships with the staff members of the Santa Ana W /O /R /K Center • Resourceful in researching and responding to new needs and issues as they arise 4 25C -15 Wesley A. Bosch, M.A. April 12, 2011 Description of Needs and Services Based upon my experience at the Santa Ana W /O /R /K Center and elsewhere, the populations that generally need services include those who were laid off from their jobs, workers who have been unsuccessful in securing adequate employment despite their efforts, workers who are considered or consider themselves underemployed, the economically disadvantaged, chronically unemployed individuals with limited vocational skills, and persons being supported by public assistance. Personal Needs The issues and problems these different populations face may vary and may require different approaches to increase their chances of improvement and success. Their concerns on a personal or psychological level may include: grieving the loss of a valued job, interpersonal and self- esteem problems that arise from this loss or conflict with previous employers, difficulties in handling the stress of economic insecurity and uncertainty, changes in self - perception and self - definition, hopelessness and despair, frustration and other effects from encountering repeated rejections in their job search activity, the breakdown of previously adequate coping skills, stress on the family or significant others and consequent disintegration of supportive relationships, the exacerbation of underlying emotional and /or behavior disorders, clinical depression, suicidal ideation and risk, severe anxiety, and substance abuse. Personal Services The type of services provided to address the various personal needs would be similar in nature, though the specific approach may vary according to the individual(s) and the most important identified issue(s) of concern. Both educational and clinical interventions would be used, as appropriate. The primary modality would be individual counseling that may involve single or multiple appointments in a confidential setting. Involvement of family or significant others would take place when identified as potentially helpful. Group counseling or workshops may be conducted according to the need and commonality of concerns. Referral to relevant professionals, agencies, and resources would be made as appropriate with follow -up regarding progress and outcome. Vocational Needs In the more career - oriented area, customers may be faced with confusion and indecision about what direction to go in next; uncertainty about what type of work activity they are best suited for, have skills in, and would be most satisfied with; and what kind of jobs have current prospects and a potentially positive future outlook. Additionally, many customers have little or outdated job search skills that include: writing resumes; interviewing for jobs; appropriate behavior and appearance; obtaining job, industry, or company related information; and computer - related skills that are relevant to job search and preparation. Many times these issues overlap with emotional concerns mentioned above and need to be worked with conjointly. Case managers and customers need additional tools to help determine the appropriateness of vocational training and in what types of training or what jobs they are best suited for. The level of computer or other employment - related skill and knowledge may not be clear prior to job development efforts, thus job referrals may be made without a high degree of confidence in some cases or may result in mismatched training or placements. 5 25C -16 Wesley A. Bosch, M.A. April 12, 2011 Vocational Services In regard to vocational training, placement, or direction, referred customers would be administered a multiple battery of assessment instruments related to vocational interests, work values, personality type, abilities /aptitudes, and transferable skills. In the course of a follow -up session with the customer to interpret the results and counsel, a primary occupational goal and alternative potential paths to employment are collaboratively developed. A full report would be written of the findings and delivered to the case manager along with consultation as needed. Pre - employment skills testing would be administered per request to referred customers in a simulated online environment to determine their competence level in the use and knowledge of computer applications, such as MS Word and Excel and others, as well as keyboarding skill. Group workshops may be conducted according to the need and commonality of concerns as they relate to vocational issues and /or assessment. General Individual assistance and guidance, as well as support and encouragement, would be provided to customers informally who are actively involved in job search activity in the Resource Center or other areas. Consultation with W /O /R /K Center staff would also be an active component of the service. Fee Schedule and Costs My fee would remain at $40 per hour in respect to the current economic concerns and full vocational assessment would be charged on a per customer basis at $170 each and $145 each for a modified assessment. The upper limit for all services would not exceed $90,000 in one fiscal year. Potential services for the purpose of or related to counseling and /or assessment and testing qualifying for billed time include: • Direct customer contact, whether in individual, group, workshop, or Resource Center settings, contact by telephone, casual encounter at the SAWC or at the job site when related to assigned services • Contact with customer family, members of their support system, employer, or other professionals • Researching, contacting, or arranging referrals or resources for outside services or support not provided by myself or that is outside the scope of my license, training, and /or experience • Documentation • Communication with SAWC staff or outside resource persons • Preparation time for direct client contact, such as assessment /testing material acquisition and organization, review of files, handout development, reviewing and /or obtaining reference or resource material, material reproduction, and consultation with staff • Onsite visitations to resources and agencies utilized or potentially utilized in the service of the customer Reimbursement at cost would be expected for any material that might be obtained for customer use, such as vocational assessment instruments, pamphlets, handouts, reference books, videotapes, software, or other related resource material obtained with prior SAWC management approval. m 25C -17 25C -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENT WITH THE STATE OF CALIFORNIA FOR TELEPHONE SERVICE REIMBURSEMENT C� 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager or his designee and the Clerk of the Council to execute the attached agreement with the State of California, Employment Development Department, to reimburse the City for telephone service costs, in an amount not to exceed $45,486, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California, Employment Development Department (EDD), shares office space with City staff at the Santa Ana W /O /R/K Center. Its staff also uses the City -owned telephone system at the W /O /R/K Center. This agreement will reimburse the City for the monthly telephone service charges and actual long distance and toll charges incurred by the EDD staff using the City's telephone system. The agreement term will be for two years from July 1, 2010 through June 30, 2012 in the amount of $45,486. FISCAL IMPACT Funds will be deposited into the One Stop Program Expense Reimbursement revenue account (no. 12318002- 57000). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. Ad wards Francisco Gutierrez Interim Ex cutive Director Executive Director Community Development Agency Finance & Management Services Agency Exhibit: 1. State of California Agreement /9�5� 2501-1 25D -2 STATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev 06/03) AGREEMENT NUMBER M182145 REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Employment Development Department CONTRACTOR'S NAME City of Santa Ana Work Center 2. The term of this Agreement is: July 1, 2010 through June 30, 2012, or upon final approval. 3. The maximum amount $45,486.00 of this Agreement is: Forty Five Thousand Four Hundred Eighty Six Dollars and No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A Scope of Work 1 Page Attachment A -1 Specifications 1 Page Exhibit B Budget Detail and Payment Provisions 1 Page Attachment B -1 Budget Detail 1 Page Exhibit C * General Terms and Conditions GTC 610 Exhibit D Special Terms and Conditions 1 Page Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/ Standard %20Language /defualt.htm IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General CONTRACTOR'S NAME (if other than an individual, state whether corporation, partnership, etc.) Services Use Only City of Santa Ana Work Center BY (Authorized Signature) DATESIGNED (DOnottype) '9 PRINTED NAME AND TITLE OF PERSON SIGNING Nancy T. Edwards, Intrim Executive Director, Community Dev..AaM6VE� ADDRESS 11��kY' UU T � �F�R1vL 1000 E Santa Ana Blvd Suite 200, Santa Ana, CA 92701 T` STATE OF CALIFORNIA LISA E. STORC AGENCY NAME ILY PULUI rl @y -m Employment Development Department BY (Authorized Signature) DATE SIGNED (Do not type) Fx Exempt per: PRINTED NAME AND TITLE OF PERSON SIGNING DGS Exemption Letter No. 54.3 Rose Liu, Chief, Procurement Section ADDRESS 800 Capitol Mall, MIC 62, Sacramento, CA 95814 EXHIBIT 1 25D -3 EDD Contract No. M182145 EDD /City of Santa Ana Work Center Page 1 of 1 EXHIBIT A (Standard Agreement) SCOPE OF WORK This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as EDD, and City of Santa Ana Work Center, hereinafter referred to as Contractor, for the purpose of reimbursing the Contractor for EDD's share of the telephone service cost at the Santa Ana One -Stop Career Center located at ,1000 East Santa Ana Blvd., Santa Ana, CA. EDD is co- located at this site under the Workforce Investment Act (WIA) mandate. 2. The services shall be reimbursed in accordance with Attachment A -1, Specifications, and Exhibit B-1, Budget Detail. 3. The project representative during the term of this agreement will be: State Agency Employment Development Department Attn: Cindy Roy 1000 East Santa Ana Blvd. Santa Ana, CA 92701 Phone: (714) 565 -2671 25D -4 Contractor City of Santa Ana Work Center Attn: Lydia Morgan 1000 East Santa Ana Blvd. Santa Ana, CA 92701 Phone: (714) 647 -6537 EDD Contract No. M182145 EDD /City of Santa Ana Work Center Page 1 of 1 ATTACHMENT A -1 (Standard Agreement) SPECIFICATIONS The Employment Development Department (EDD) agrees to utilize the partners telephone services at the Santa Ana One -Stop Career Center located at 1000 East Santa Ana Blvd., Santa Ana, California. Telephone Service Scenarios • The partner agrees to provide the EDD staff with proprietary telephone system instruments attached. Telephone services shall include, instrument, installation, cross connects, dial tone access, long distance access, programming, voicemail, maintenance, and shared incoming trunk cost. , • The partner agrees to coordinate the specific line appearance and ring programming of the EDD staff telephone instruments with the EDD Data Processing Vendor Management Unit Analyst and the local office manager. EDD staff instruments shall restrict 900, 976, 3'd party, caller ID, and international calls. • The Partner agrees to perform Moves, Adds, and Changes, (MAC's) to EDD assigned system instruments. The Partner also agrees to perform MAC's for peripheral EDD lines and instruments not connected to the partner telephone system. Peripheral lines are identified as fax, modem, Unemployment Insurance direct connects, etc. • The Partner agrees to invoice the Department, in arrears, for applicable one -time charges. • The Partner agrees to invoice the Department (EDD) monthly in arrears for the agreed upon ongoing telephone service charges, and, actual long distance and toll charges incurred by the EDD staff using the partner telephone system. Long distance and toll charges shall be itemized by station number in a monthly cost accounting report that will be made available to the EDD manager. 2501-5 EDD Contract No. M182145 EDD /City of Santa Ana Work Center Page 1 of 1 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment The total amount of this Agreement shall not exceed Forty Five Thousand Four Hundred Eighty Six Dollars and No Cents ($45,486.00). Invoices may be submitted monthly in triplicate, in arrears, and must reference the EDD Contract Number M182145 and shall be forwarded to: Employment Development Department 1000 East Santa Ana Blvd. Santa Ana, CA 92701 Attn: Cindy Roy 2. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and /or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. EDD has the option to terminate the agreement under the 30 -day termination clause or to amend the Agreement to reflect any reduction of funds. 3. California Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. w 1 LO v N c o � m c� U C L O O z U C (� Q Utea O o LU U 0 W C r, d m y d•+ L .c a U � ro � a Q � cn J Q Z) 00 c () U >L ro c Q ro m c ro a) ro � � 25D -7 EDD Contract No. M182145 EDD /City of Santa Ana Work Center Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Settlement of Disputes In the event of a dispute between EDD and the Contractor over any part of this Agreement, the dispute may be submitted to non - binding arbitration upon the consent of both EDD and the Contractor. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. 2. Workforce Investment Act A. Contractor agrees to conform to nondiscrimination provisions of the Workforce Investment Act (WIA) and other federal nondiscrimination requirement as referenced in 29 CFR, Part 37. B. Contractor agrees to conform to the provisions of the Workforce Investment Act (WIA) and the contract requirements as referenced in 29 CFR Part 95, Appendix A and 29 CFR, Part 97.36(i)(1 -13). 3. Termination This Agreement may be terminated by EDD by giving written notice to the Contractor 30 days prior to the effective date of such termination. W !ff'i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENTS FOR PARK LANDSCAPE MAINTENANCE SERVICES i 7 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement, with four one -year renewal options, with Master Landscape & Maintenance, Inc. to provide park landscape maintenance services in District 1 in an annual amount not to exceed $244,596 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $269,056, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement, with four one -year renewal options, with DMS Facility Services, LLC to provide park landscape maintenance services in District 2, in an annual amount not to exceed $350,820, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $385,902, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement, with four one -year renewal options, with Pinnacle Landscape Company to provide park landscape maintenance services in District 3, in an annual amount not to exceed $334,932, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $368,425, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement, with four one -year renewal options, with Marina Landscape, Inc. to provide park landscape maintenance services in District 4, in an annual amount not to exceed $609,142, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $670,056, subject to non - substantive changes approved by the City Manager and City Attorney. 25E -1 Park Landscape Maintenance Agreements June 6, 2011 Page 2 5. Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement, with four one -year renewal options, with Midori Gardens to provide park landscape maintenance services in District A, in an annual amount not to exceed $238,476, and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $262,324, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) currently divides the City into five separate park maintenance districts. On March 10, 2011, PRCSA issued a request for proposals (RFP) to 18 landscape maintenance vendors. On March 23, 2011 a pre - proposal conference was conducted, and on April 12, 2011 seven proposals were submitted for consideration. Master Landscape and Maintenance, DMS Facility Services, Pinnacle Landscape Company, Marina Landscape, Midori Gardens, Mariposa Landscapes, and Merchants Landscape Services each submitted proposals for consideration. An evaluation committee consisting of representative from PRCSA Park Services, PRCSA Administration, Public Works Agency, and the City of Anaheim reviewed and rated the seven proposals. The proposals were evaluated according to the evaluation criteria listed in the RFP, including Capability and Experience of Contractor (25 %), Past Performance (25 %), and Cost of Proposal (50 %). The highest rated contractor was awarded the largest contract by dollar volume. The results of the RFP evaluation were as follows: The City proposes to enter into a one -year agreement with Master Landscape, with four one -year renewal options, for the maintenance of District 1. District 1 is located in the northwest quadrant of the City and includes six properties, including El Salvador, Riverview and Rosita parks. The annual base contract cost is $244,596. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $269,056. Master Landscape has been providing landscape maintenance services for the City since 2007 and is performing satisfactorily. 25E -2 DMS Marina Mariposa Masters Merchants Midori Pinnacle Capability and Experience 81 94 85 81 56 76 88 Past Performance 89 93 85 77 46 69 85 Cost of Proposal 180 172 85 145 177 156 162 400 point max 350 359 255 303 279 301 335 Rank 2 1 7 4 6 5 3 District 2 4 NA 1 NA A 3 The City proposes to enter into a one -year agreement with Master Landscape, with four one -year renewal options, for the maintenance of District 1. District 1 is located in the northwest quadrant of the City and includes six properties, including El Salvador, Riverview and Rosita parks. The annual base contract cost is $244,596. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $269,056. Master Landscape has been providing landscape maintenance services for the City since 2007 and is performing satisfactorily. 25E -2 Park Landscape Maintenance Agreements June 6, 2011 Page 3 The City proposes to enter into a one -year agreement with DMS Landscape, with four one -year renewal options, for the maintenance of District 2. District 2 is located in the northeast quadrant of the City and includes 15 properties, including Cabrillo, Morrison, Portola and Santiago parks. The annual base contract cost is $350,820. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $385,902. DMS Landscape has been providing landscape maintenance services for the City since 2010 and is performing satisfactorily The City proposes to enter into a one -year agreement with Pinnacle Landscape, with four one - year renewal options, for the maintenance of District 3. District 3 is located in the southeast quadrant of the City and includes 10 properties, including Delhi, Madison and Memorial parks. The annual base contract cost is $334,932. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $368,425. Pinnacle Landscape is a Santa Ana based business and new to PRCSA. In addition, the City proposes to enter into a one -year agreement with Marina Landscape, with four one -year renewal options, for the maintenance of District 4. District 4 is located in the southwest quadrant of the City and includes 16 properties, including Centennial, Jerome, Santa Anita and Thornton parks. The annual base contract cost is $609,142. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $670,056. Marina Landscape is new to PRCSA and has been performing well in other southern California cities. Lastly, the City proposes to enter into a one -year agreement with Midori Gardens, with four one - year renewal options, for the maintenance of District A. District A includes PRCSA's high end commercial properties including the Civic Center, the Regional Transportation Center and the Santa Ana Stadium. The annual base contract cost is $238,476. An additional 10% contingency is included for unanticipated work, resulting in a total annual contract amount of $262,324. Midori Gardens is a Santa Ana based business and has been performing well for Public Works for many years. PRCSA staff solicited input from existing contractors and other cities to develop a high quality, yet more affordable, specification. The total cost of all five base agreements is over $300,000 less than what the City is currently paying to maintain the same properties. FISCAL IMPACT Funds for these agreements will be included in the FY 2011 -12 Park Services M &R Buildings and Grounds account (no. 01113250 62320), Civic Center M &R Buildings and Grounds account (no. 07413250 62320), Community Development Maintenance Contract Services account (no. 40718842 62300), OES Gang Prevention Contract Services account (no. 15514412 62300), and Public Works Depot Operations M &R Buildings and Grounds account (no. 06717650 62320), Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director ` Finance and Mgt. Svcs. Agency 25E -3 25E -4 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 6`" day of June, 2011 by , a California (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the provision of park landscape maintenance services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for Santa Ana Parks, District _, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively hereto as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached hereto as Exhibit B. 2. CITY INSPECTION The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency, or his designee, shall regularly inspect the parks, playgrounds, fields and other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated costs of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per day, per Park not meeting the Specifications during any such inspection. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $ , plus a ten percent (10 %) contingency for unanticipated work required, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed during the prior month, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. D '► 1/ This Agreement shall commence on July 1, 2011 and terminate on June 30, 2012 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to four additional one -year terms on the mutual agreement of the parties. 2 Se —ef 46 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any 2 We —V f 46 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 571 -4211 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 2 _7f 46 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail, followed by the provisions of Exhibit A. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and the Specifications set forth in Exhibit A. b. Material Breach: If the Executive Director determines the Contractor has failed in the performance of its duties and /or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 2 Se_ef 46 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager CONTRACTOR NAME Title Tax ID# ��- I , EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. Citv - Director's Authori The Executive Director of the Santa Ana Parks, Recreation and Community Services Agency (hereinafter "Director ") is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the Director determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the Director may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative, shall decide all questions which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION =. I' If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48 -hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and /or consent from the responsible public agency. I. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew /task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. I1. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning /trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by Contractor via e -mail for review /approval by City. The Director may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage 2 Sym -4 Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. Scheduling of Work — Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person /crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning/trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape /grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and /or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or hold a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each site's irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and to perform repairs and /or modifications to the irrigation system. Proposals will be evaluated on the qualifications of this individual and the amount of FTE's assigned to each district. c) Director may require Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. 1 � (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the Contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the Contractor is disposing of trash from other contracts, the City will discontinue this service for the Contractor and the Contractor will be required to pay for its own trash service. E. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. 1. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf 'and and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowing All "casual" turf (non - sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30. The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowing All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer /football fields, soccer /football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub - contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). 2. Edging and Detailing 2SE11446 All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging /detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. a) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. b) The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. c) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls /fences that are greater than 10 ". d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation -all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. (6) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractor's water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: 2S 11(546 a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation (8) From time to time City staff will advise Contractor of special events occurring in contract areas and Contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the Contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. f) Weed Control -all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre- emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and /or broad - spectrum post emergent herbicides approved by the Director. g) Replanting -all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers Seed Company Bermuda Dunes (spring/summer) or Stover Seed Grand Slam perennial rye (fall /winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year third week in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6 ". The Director, in his sole discretion, may also approve solid tine aeration upon inspection of the proposed equipment to be used. i) Sport/Priority Turf (1) Renovation: Once (1) per year during the spring/summer or the fall /winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring/summer - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists; (b) fall /winter — Stover Seed Company Grand Slam seed at eight pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to '/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation 2S 11 (646 system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100 %. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability/season. (2) Overseeding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and /or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and /or into other plants, etc. All sites shall be cleaned following each edging/detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 "- 3" minus or approved equal, ' /z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City/others must be maintained by Contractor. Contractor must notify City within 30 days if plants planted by City/others begin to decline. 3. Shrub Care a) Pruning/trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning/trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as designated by the Director. Shear hedging or severe pruning /trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the 2140�46 Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. c) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3" or approved equal, 1/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning/trimming and Stump Removal Specifications (see Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning /trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15 feet and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3 "or approved equal '/2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty -four (24) hours. 2 SE 1+846 e) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning/trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation /report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 6. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his /her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of 215E.11(946 replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring/summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall /winter). 7. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty-four (24) hours. d) Inspection and Reporting (l) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location /name, start times, run times, program name, station number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation 55E .10A46 heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and /or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning — Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be wiped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and/or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The 2 2446 46 Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9. Playground /Tot -Lot Areas a) The Contractor shall provide maintenance of all playground /tot -lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re- grading sand /wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand /wood chips on sidewalks surrounding the playground/tot -lot, eliminating berms (including pre- existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips and debris daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub - contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas /hosing down areas using a high pressure nozzle to remove brick dust, stains and /or all other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Bermuda Dunes grass seed during the spring/summer and Stover Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent '/2" layer of brick dust in these areas. c) Weekly Maintenance Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance 2 1046 Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w /California Organic Fertilizer, Inc. Phyta Boost Plant Food 7 -1 -2 (33cy of Organigro Seed Topdress +700 #'s 7 -1 -2 Phyta Boost per Acre)). e) Non - recurring- maintenance: During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 11. Soccer /Football Field Maintenance a) All soccer /football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with 420 white silica sand mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf. Contractor shall remove all debris from synthetic turf fields daily. City crews will provide the daily field grooming. 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 13. General Maintenance and Clean -Up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 20=126346 d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 15. Special Maintenance In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed: a) Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop -off areas, etc. shall be blown and /or swept clean daily Monday - Friday. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. (4) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (5) All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday and Friday of each week. (6) All trees below 15' shall be pruned four (4) times per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) All shrubs requiring hedging shall be trimmed every two weeks. (8) Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. (9) All turf in the Civic Center area is considered priority turf. 2SE22446 (10) Perennial /Annual Color: All perennial /annual color beds shall be maintained and planted /rotated three (3) times per year (first week of January, May and September) as detailed in Attachment 2. (11) Fertilization: Cyads and Palms shall be fertilized two (2) times per year (first week in March and September). b) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and /or swept clean daily seven (7) days per week. (2) All parking lots, safe dispersal areas, vehicular drop -off areas, etc. shall be blown and /or swept clean once per week (Thurdays). Trash shall be picked daily. (3) All site amenities, including but not limited to, signage, player benches, hand railing, , public telephones, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. (4) All grandstand bleachers shall be inspected continuously and wiped clean as stains and dust appear. (5) All turf in the Stadium area is considered priority turf. (6) All surfaces within the Stadium (including tunnels, bleacher area, all walkways, seats) shall be high pressure washed quarterly (the third Monday of the months of July, October, January and April) to remove all stains, gum, candy, etc. c) City of Santa Ana Corporation Yard - The Corporate Yard is the city's maintenance operation center. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) All trash receptacles shall be emptied daily five (5) days per week Monday — Friday and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser continuously as stains and dust appear. (2) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand as needed to maintain a clean, debris free appearance. (3) All turf at the Corporation Yard is priority. d) McFadden Technology Center and Newhope Libraries. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Parking lots, entrance to buildings, City sidewalks immediately in front of the property and all other hardscape surfaces shall be cleaned free of debris and hosed down with a garden hose and high - pressure nozzle daily. (2) Trash enclosures shall be cleaned and hosed down with a garden hose and high - pressure nozzle one time per week. (3) Vines shall be trimmed at a height to be determined by the Director to prevent graffiti. e) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and /or to the wall of adjacent buildings. 22X.46 (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along the bike trail. This property shall continuously be maintained free of weeds, trash and debris. f) Regional Transportation Center. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Perennial /Annual Color: All perennial /annual color beds shall be maintained and planted /rotated three (3 ) times per year (first week of January, May and September) as detailed in Attachment 2. (2) All exterior trash receptacles and cigarette urns shall be cleaned with a germicidal cleanser as needed. (3) All cigarette urns shall be sifted daily Monday, Wednesday and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with 420 white silica sand as needed to maintain a clean, debris free appearance. (4) All turf at the RTC is considered priority turf. g) Sara Mae Downey Herb Garden. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. At no time shall the contractor apply pesticides in the garden. All pests, including insects, weeds, rodents, etc. shall be controlled by non - pesticide methods agreeable to the Director's Representative. h) Santiago Park. In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Nature Reserve Area: The contractor shall not be responsible for the maintenance of the native landscape nor the irrigation system that irrigates the native plant material located immediately adjacent the Nature Center (see Attachment 5 132 -14). The contractor shall be responsible for all other maintenance in the Nature Reserve including but not limited to trash and liter, walkways, roadways /parking lots, turf - groundcover -shrub and tree maintenance, etc. (2) Lawn Bowling Greens: The objective for the bowling green is level, smooth and hard with consistent short vegetation coverage on entire playing surface. The color of the surface should be a combination of green and brown. Winter months greens will be in brown dormant state. Brushing the surface versus cutting may be more applicable. a. Cutting schedule of Monday, Wednesday and Friday. This work to be carried out during the months of May, June, July, August and September. Tuesday and Thursday only schedule in October, November, March and April. Weekly cut in December, January and February. Standard Height of cut to be 3/32 in growing season, and 5/32 in winter months. Cutting to be in a different direction each time greens are cut always on an angle. b. Grooming of greens to be on an every 3rd week schedule starting in March and ending 2nd week of September. Groomer to be set at between 1/32 "and 1 /I6th above ground level. Grooming to remove Poa and root crown from Bermuda. There should be a minimal amount of thatch on green surface. c. Solid 'A tining 3rd week of March and July, alternate years hollow 1/2" tining to 3" depth (July). d. Scarifying or deep verticutting only as directed by Park Services. e. Greens to be rolled on Tuesday and Thursday in horizontal (up and down) direction. f. Water schedule: No irrigation December, January or February. 2 day a week schedule in months other then July and August (3 day). Deep soak areas were excessive drying occurs. g. Top dressing to be applied by spreader, also in low areas. Green to be kept as close to 1 /16th level over surface. Sand per USGA green spec Silica. h. Ditches to be kept level and free of vegetation. Edging to be to ditch face of "Plinth" boards. 16. City Inspection 2 5E 22646 The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. if said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. MC 226746 ATTACHMENT NO. 1 SUB - CONTRACTOR BALL DIAMOND IN -FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in- field brickdust maintenance for thirty two (32) Baseball /Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 2.1 Adams Park 2. 1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Cabrillo Park 2.2. l One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.3 Centennial Park 2.3.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 2.4 Delhi Park 2.4.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.5 El Salvador Park 2.5.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.5.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 2.6 Heritage Park 2.6.1 One (1) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infield. 2.7 Jerome Park 2.7.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.7.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 2.8 Madison Park 2.8.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.8.2 One (1) T -Ball diamond with skinned brickdust infield. 2.9 Memorial Park 2.9.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.9.2 One (1) 60' base path Little League diamond with combination turf /brickdust infield. � • _ � I 2.9.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.10 Morrison Park 2. 10.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.11 Portola Park 2.11.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.12 Riverview Park 2.12.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.12.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2.12.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 2.12.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 2.13 Rosita Park 2.13.1 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 2.14 Santiago Park 2.14.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.15 Thornton Park 2.15.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 2.16 Windsor Park 2.16.1 One (l) 60' base path Girls Softball diamond with skinned brickdust infield. 32 Total diamonds at 16 park sites. 3.0 Schedule of Work to be Completed 3.1 Adams Park: Cabrillo Park: Centennial Park: Delhi Park: El Salvador Park Heritage Park: 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31st 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st 5 Days per wk Feb 1 st to April 31 st 1 Day per wk May 1 st to Jan 31 st I day per wk Year round 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st 1 Day per wk Year round 25E 2Oa46 Jerome Park: Field #1 Field #2 & #3 5 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st 1 Days per wk Year round Madison Park: 5 Days per wk , Feb 1 st to July 15th 3 Day per wk, July 16th to Jan 31 st Memorial Park: 5 Days per wk, Feb 1 st to July 15th 1 Day per wk July 16th to Jan 31 st Morrison Park: 3 Days per wk, Feb 1st to July 15th 1 Day per wk July 16th to Jan 31 st Portola Park: 3 Days per wk, Feb 1 st to July 15th 1 Day per wk, July 16th to Jan 31 st Riverview Park: 5 Days per wk, Feb 1 st to July 15th 3 Day per wk, July 16th to Jan 31st Rosita Park: 5 Days per wk, March 1 st to July 30th 1 Day per wk, July 30th to Feb 28th Santiago Park: 5 Days per wk Year round Thornton Park: 5 Days per wk Year round Windsor Park: 3 Days per wk Feb 1 st to July 15th 1 Day per wk July 16th to January 31 st 4.0 Field Composition Mix (Brickdust) To Be Used When Maintaining In- fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279 -1095. 4.2 Pitchers Mound/Home Plate /Basepath Areas When adding a mix with a higher clay composition material to any pitcher's mound /home plate/base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. �Vj, -:511c m 5.2 Drags 5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy - duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be 1/2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots)and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: ake: Used to rake and fine level areas. Shall be made of aluminum, 36 "wide and a 6'handle. 5.3.4 Heaw Duty Shovels: Used to move material. Round /Square Point and Scoop shovels. 5.3.5 Heaw Duty Hose: Used to water down skinned area. Shall be 3/4" tol" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push /squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium /aluminum head. 5.4.2 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. r+ S?I � 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.l .1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 7.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep /Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 7.3.5 Backfill "mound -mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 215E2&246 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking/shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1 -A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high /low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 7.5.6 Contractor shall hand rake all base paths on combination turf /brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.lf in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '' /z" or greater) in any turf /brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre - existing conditions shall be corrected during contract start -up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure 251E2&346 7.6.2 The contractor shall final water the skinned brickdust to a depth of /4" minimum. 8.0 Rainy Weather /Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8. 1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI- MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a ` /2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10. 1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro -gold with Stabilizer" (brickdust) to in -fields at all diamonds (minimum 26 tons per Girls Softball /Major Little League Field and minimum 40 tons per Junior /Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball /Major Little League Field and 2 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 2 SE 30446 Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 11.3 Replace or Remove /Level /Re- Install home plates as directed. 11.4 Replace or Remove /Level/Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and /or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line /arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12. 1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between '' /z" and 3/4" per staffs direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. l 2.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week l 2.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 25E I"46 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to 1/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 2 UIF- 3 %F %0 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: • Spring /Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias • Fall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing /damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 25E 3 -&746 ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities (SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead /dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571 -4212 Office or (714) 231 -6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full -time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS i'!•" I i� a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. i. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger c. Remove all broken or loose branches. 2 5 3 "46 d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 2 346 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty-eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 2SE 3" 46 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1. 10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and /or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. Page 38 of 46 25E -42 a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and /or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a Page 39 of 46 25E -43 contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and /or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.18 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book ", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or SAPRF shall make the determination of fault. The SAPRF Page 40 of 46 25E -44 representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full -time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.04 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his /her cost. 2.06 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. Page 41 of 46 25E -45 2.07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.08 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property Page 42 of 46 25E -46 owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and /or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and /or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative , the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. Page 43 of 46 25E -47 ATTACHMENT 4 AGRONOMIC PLAN Page 44 of 46 25E -48 ATTACHMENT 5 MAPS Page 45 of 46 25E -49 ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business. When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. Page 46 of 46 25E -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENT AMENDMENT WITH THE LIBRARY CORPORATION FOR LIBRARY AUTOMATION SYSTEM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement amendment with The Library Corporation, Inc. to provide database subscription service and maintenance in an amount not to exceed $37,220, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 16, 2003, the City Council approved an agreement with The Library Corporation, Inc. (TLC) to provide a library automation system. TLC provides the Library with a web based client server that manages our library cards and maintains an inventory of books in stock and checked out. The software is used by Library patrons to view the book catalog from one of the Library's catalog computers or online from home. The software includes a report module that prints a variety of reports, including what books are checked out most/least often and how many books the Library has in each collection. The acquisition module helps manage the book budget for each collection, provides a quick and efficient way to search for new books, place orders, and catalog the books into the correct Library collection. The service includes 24 -hour telephone and online support, licensed software updates and enhancements, staff training, online access to cataloging resources, and enhanced content databases. The agreement is for the period of July 1, 2011 through June 30, 2012 in the amount not to exceed $37,220. FISCAL IMPACT Funds will be budgeted in FY 20011 -12 Library's Technology & Information Services account (01111190 62300). / erardo Mouet, Executive Director Parks, Rec. and Com Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25F -1 25F -2 EIGHTH AMENDMENT TO AGREEMENT THIS EIGHTH AMENDMENT TO AGREEMENT ( "Amendment') made and entered into this 6`h day of June, 2011, by and between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, ( "TLC ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ( "City "). RECITALS: A. On December 3, 2001, the parties entered into Agreement # A- 2001 -238, by which TLC has provided a library automation system for City. The Agreement has been amended by Agreement Nos. A- 2003 -111, A- 2004 -191, A2005 -269, A- 2007 -229, A- 2008 -267, N- 2009 -107 and A- 2010 -096. B. In order to provide continuous uninterrupted service, the Parties now desire to amend the Agreement to increase the compensation to pay for an additional one -year database subscription and maintenance service in an amount not to exceed $37,220.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: 1. The compensation for the Agreement shall be increased by an additional $37,220.00 to pay for database subscription and maintenance services for an additional one -year period, through June 30, 2012. 2. Except as hereinabove modified, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment to Agreement the date and year first above written ATTEST: CITY OF SANTA ANA: MARIA D. HUIZAR Clerk of the Council Approved as to Form: Laura Sheedy Assistant City Attorney PAUL M. WALTERS Acting City Manager THE LIBRARY CORPORATION, INC. By: _ (Name): (Title): 25F -3 25F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 116744 & 081700) CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For` CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements subject to nonsubstantive changes approved by the City Manager and City Attorney: • Albert and Susanna Chu, tenant of the property located at 1631 North Bristol Street, Suite 209, in the amount of $15,000. • Angel and Ethel Carrazco tenant of the property located at 1631 North Bristol Street, Suites 200 & 207, in the amount of $29,435. • John Nunez dba Legal Support Services and Marketing, tenant of the property located at 1631 North Bristol, Suite 200 & 207, in the amount of $15,000. • Law Offices of William W. Green and Associates, tenant of the property located at 1631 North Bristol Street suites B -10, 204 & 310 and 828 North Bristol suite 204, in the amount of $60,233.25. • Bernard Baron dba Baron Income Tax, tenant of the property at 1631 North Bristol Street, Suite B -15, in the amount of $14,000. • Saul Onofre and Maya Onofre dba Taqueria Zamora, tenant of the property located at 510 North Bristol Street, Suite D, in the amount of $34,000. • Jesse Pacheco All State Insurance, tenant of the property located at 828 North Bristol Street, Suite 201, in the amount of $39,750. 25G -1 Settlement Agreements For Bristol Street Corridor June 6, 2011 Page 2 DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project (between Pine Street and McFadden Avenue) was completed in April 2011. The Public Works Agency is acquiring property for the second phase of the project (between Third Street and Civic Center Drive). To accommodate the widening of the second phase, acquisition of the entire properties located at 510, 828, and 1631 North Bristol are required (Exhibit 1). This acquisition also necessitates the relocation of all the tenants in the building. Tenants have agreed to the settlement amounts for the relocation of their business (Exhibit 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 No. 89 -01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661 - 66100). r Raul Godinez II ~ Executive Direct Public Works Agency RG /SA Exhibit 1: Location map Exhibit 2: Agreements APPROVED AS TO FUNDS AND ACCOUNTS: b 1.� ► J�rZ Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 LEGEND ® SUBJECT PROPERTIES NTH 599U - NT9 17TH STREET O 9TH STREET _J — co m CIVIC CENTER DRIVE _ f— T --- - - -_ -- 5TH SWEET - 7 - - --- I I I I I I EXHIBIT 1 �OJGpT�oN ���ST SANTA ANA , CITY COUNCIL SETTLEMENT AGREEMENTS FOR %P'� AGENDA DATE BRISTOL STREET CORRIDOR V PUBLIC VOFNS HGENCr JUNE 6, 2011 (PROJECT NO. 116744 & 081700) Agenda Item 25 -G Exhibit 2 25G -4 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Albert and Susanna Chu, d /b /a Albert A. Chu, LCSW, MFT ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be , 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as �� #6c6 `vlL located at 1631 N. Bristol Street, Suite 209, Santa Ana, CA 92706 (the "Property "). B. The City has made an offer and intends to purchase the Property for the Bristol Street Widening Project. As a result of the City's pending acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the sum of $15,000.00 (Fifteen 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) below. Upon full execution of this Agreement, the City will begin processing an initial payment, payable to Tenant, in the amount of $7,500.00. The City will make the final payment to Tenant in the amount of $7,500.00 after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the City or to the City'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) & 1(d) constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Property on or before June 15, 2011 ( "Vacate Date ") 1 of 6 25G -5 4L' X16 (d) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver 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 express 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 from or in addition to those which it now believes to be true with respect to the release of claims, 2of6 25G -6 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. Indemnity 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. 3of6 25G -7 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. Partial Invalidity 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 shall continue in full force and effect. 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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. 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 4 of 6 25G -8 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. in any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15, 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. 16. Voluntary Agreement 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. 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Albert A. Chu, LCSW, MFT ATTN: Albert & Susanna Chu 1631 N. Bristol Street, Suite 209 Santa Ana, CA 92706 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 5 of 6 25G -9 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: 'i BY: 22�-- � - —W- Albert A, Chu BY: ------ usanna Chu Dated I 1 )' / Dated � -/, / "') ( / 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 Attorney BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 6of6 25G -10 25G -11 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Angel and Ethel Carrazco dba Law Offices of Angel Carrazco, Jr., PC ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be , 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Law Offices of Angel Carrazco, Jr., PC, located at 1631 N. Bristol Street, Suite 200 & 207, Santa Ana, CA 92706 (the "Property "). B. The City has made an offer and intends to purchase the Property for the Bristol Street Widening Project. As a result of the City's pending acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that'. 1. Consideration (a) The City shall pay to Tenant the sum of $29,435.00 (Twenty -nine Thousand Four/ Hundred Thirty -five Dollars) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully V! zillo -1) described in paragraph 1(b) below. Upon full execution of this Agreement, the City wil� begin processing an initial payment, payable to Tenant, in the amount of $+&7()6()-.@ . The City will make the final payment to Tenant in the amount of $14;45, :00 after Tenant vacates the Property, signs a Certificate of Abandonment, provides all ys to the Property to the City or to the City's relocation consultant, and provides ritten verification that all hazardous materials have been legally and properly moved. o k�,.�,-___. lj `l ;s (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) & 1(d) constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Property on or before July 31, 2011 ( "Vacate Date "). (d) City agrees to pay Tenant's rent for the months of April, May, June and July, 2011. 1 of 6 25G -12 (e) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. (f) Of the consideration described in 1(a), payment will be made for Relocation Expenses in the amount of $20,000.00. (g) Of the consideration described in 1(a), payment will be made for leasehold, loss of business goodwill and immovable furniture, fixtures and equipment in the amount of $9,435.00. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his/her settlement with the debtor. Each party acknowledges the foregoing waiver 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 2 of 6 25G -13 express 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 from 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. 3 of 6 25G -14 Indemnity 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. Partial Invalidity 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 shall continue in full force and effect. 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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, 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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. 4of6 25G -15 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 14, Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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, 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Law Offices of Angel Carrazco, Jr., P.C. ATTN: Angel and Ethel Carrazco 1631 N. Bristol Street, Suite 200 Santa Ana, CA 92706 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 5 of 6 25G -16 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: BY: / K-Y) Angel Carrazco Ethel Carrazco CITY OF SANTA ANA M David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Managing Senior Assistant City Attorney Dated <_S' k r� Dated >� //' // Dated Dated Dated 6of6 25G -17 25G -18 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and John Nunez, d /b /a Legal Support Services and Marketing ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be , 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Legal Support Services and Marketing, located at 1631 N. Bristol Street, Suite 200 & 207, Santa Ana, CA 92706 (the "Property "). B. The City has made an offer and intends to purchase the Property for the Bristol Street Widening Project. As a result of the City's pending acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the um of $15,000.00 (Fifteen Thousand Dollars) (Tenant Settlement Payment) as tot compensation for relocation assistance and any and all related expenses and claims s more fully described in paragraph 1(b) below. Upon full execution of this Agreemen , the City will begin processing an initial payment, payable to Tenant, in the amount of 500-60. The City will make the final payment to Tenant in the amount of after Tenant vacates the Property, signs a Certificate of Abandonment, rovides all keys to the Property to the City or to the City's relocation consultant, and p ovides written verification that all hazardous materials have been legally and proper) mZe Z c (b) Tena nt agrees, that the consid received pursuant to paragraph 1(a) & 1(d) constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Property on or before July 31, 2011 ( "Vacate Date "). (d) City agrees to pay Tenant's rent for the months of April, May, June and July, 2011. 1 of 6 25G -19 (e) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver 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 express 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 from or in addition to those which it now believes to be true with respect to the release of claims. 2of6 1J 25G -20 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. Indemnity 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. D �J 3 of 6 25G -21 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. Partiallnvalidity 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 shall continue in full force and effect. 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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. 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. J � 4of6 25G -22 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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, 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Legal Support Services and Marketing ATTN: John Nunez 1631 N. Bristol Street, Suite 200 & 207 Santa Ana, CA 92706 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 5of6 25G -23 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: BY: Dated 5 11 1( Jo Nunez CITY OF SANTA ANA 1--9 David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney am Jose Sandoval Managing Senior Assistant City Attorney 6 of 6 25G -24 Dated Dated Dated 25G -25 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Law Offices of William W. Green & Associates ( "Tenant "). The City and Tenant are hereinafter referred collectively as the "Parties." The Effective Date of this Agreement shall be 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Law Offices of William W. Green, located at 1631 N. Bristol Street, Suites B -10, 204 & 310 and 828 N. Bristol, Suite 204, Santa Ana, CA 92706 (the "Properties "). B. The City has made an offer and intends to purchase the Properties for the Bristol Street Widening Project. As a result of the City's pending acquisition, the Tenant will be displaced from the Properties. C. The Parties desire to resolve all issues relating to the City's acquisition of the Properties 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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1, Consideration (a) The City shall pay to Tenant the sum of $60,233.25 (Sixty- Thousand Two Hundred Thirty -Three Dollars and Twenty -Five Cents) (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) below. Upon full execution of this Agreement, the City will begin processing an initial payment, payable to Tenant, in the amount of $30,116.63. The City will make the final payment to Tenant in the amount of $30,116.62 after Tenant vacates the Properties, signs a Certificate of Abandonment, provides all keys to the Properties to the City or to the City'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) & 1(d) constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Properties on or before June 20, 2011 ( "Vacate Date ") 1 of 6 25G -26 (d) Of the consideration described in (a), City agrees to reimburse Tenant for May 2011 rent already paid by Tenant in the amount of $2,733.25. City will also be responsible for any rent due from Tenant under its lease for the month of .tune 2011. (e) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. (f) Of the consideration described in 1(a), payment will be made for Relocation Expenses in the amount of $45,000.00. (g) Of the consideration described in 1(a), payment will be made for leasehold, loss of business goodwill and immovable furniture, fixtures and equipment in the amount of $12,500.00. (h) Tenant agrees to formally withdraw its: (1) pending Motion for Relief from Default scheduled for hearing May 27, 2011, in Orange County Case No, 30- 2010 - 00431228; and (2) Defendant's [Proposed] Objection to Motion for Order for Possession. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 Properties by the City, (2) Tenant's leasehold interest, if any, in the Properties (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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: 2of6 25G -27 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 executing the release, which if known by him /her must have materially affected his/her settlement with the debtor. Each party acknowledges the foregoing waiver 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 express 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 from 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, but 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 any 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 law 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 right, 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. (f) 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. City has delivered to Owner an offer to purchase the Properties under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. 3of6 25G -28 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. Indemnity 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. Partiallnvalidity 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 shall continue in full force and effect, 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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. 10, Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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, 4 of 6 25G -29 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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. 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Law Offices of William W. Green & Associates ATTN: William Green 3419 Via Lido, #607 Newport Beach, CA 92663 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights 5of6 25G -30 provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: BY: �- _ J' Dated William W. Green CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: Dated Dated Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph A. Straka City Attorney BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 6 of 6 25G -31 25G -32 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Bernard Baron, d /b /a Baron Income Tax ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be , 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Baron Income Tax, located at 1631 N. Bristol Street, Suite B -15, Santa Ana, CA 92706 (the "Property "). B. The City has made an offer and intends to purchase the Property for the Bristol Street Widening Project. As a result of the City's pending acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the sum of $14,000.00 (Fourteen 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) below. Upon full execution of this Agreement, the City will begin processing an initial payment, payable to Tenant, in the amount of $7,000.00. The City will make the final payment to Tenant in the amount of $7,000.00 after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the City or to the City'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) & 1(d) constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Property on or before July 15, 2011 ( "Vacate Date "). 1 of 6 25G -33 (d) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver 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 express 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 from or in addition to those which it now believes to be true with respect to the release of claims. 2 of 6 25G -34 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2, Tenant and City 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. Indemnity 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. 3 of 6 25G -35 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. Partial Invalidity 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 shall continue in full force and effect. 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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. 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 4 of 6 25G -36 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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. 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Baron Income Tax ATTN: Bernard Baron 1631 N. Bristol Street, Suite B -15 Santa Ana, CA 92706 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 5of6 25G -37 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: BY: a 0'Vt Dated Bernard Baron 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 Attorney BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 6of6 25G -38 25G -39 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Saul Onofre and Mayra Onofre dba Taqueria Zamora ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operated a business, commonly known as Taqueria Zamora, located at 510 N. Bristol, Suite D, Santa Ana, CA 92703 (the "Property "). B. The City has purchased the Property for the Bristol Street Widening Project. As a result of the City's acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the sum of $34,000.00 (Thirty -Four 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) below. Upon full execution of this Agreement, the City will process a payment to Tenant in the amount of $34,000.00. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant vacated the Property on February 2, 2011 ( "Vacate Date "). (d) Payment will be made for Relocation Expenses in the amount of $2,115.00. (e) Payment will be made on behalf of Tenant to the Orange County Treasurer -Tax Collector, per a Claim and Demand for Payment dated October 21, 2010, in the amount of $773.11. 1 of 6 25G -40 (f) Payment will be made for leasehold interest, loss of business goodwill, immovable furniture, fixtures and equipment and movables left behind and approved by the City totaling $31,885,00. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver 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 express 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 from or in addition to those which it now believes to be true with respect to the release of claims, 2 of 6 25G -41 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. 3 of 6 25G -42 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. Partial Invalidity 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 shall continue in full force and effect. B. 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. 8. Headings 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 purpose in construing this Agreement. 9, Governing 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. 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 12. 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 4 of 6 25G -43 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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. 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Taqueria Zamora ATTN: Saul and Mayra Onofre 3121 S. Main Street Santa Ana, CA 92707 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 5 of 6 25G -44 IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANIly BY: Dated % ofre BY: � J��,��..l i� - _.. _ Dated t� � , Mayra Onofre 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 Attorney BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 6of6 25G -45 25G -46 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City ") and Jesus Pacheco, dba Pacheco & Pacheco Insurance Services, Inc. ( "Tenant "). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be , 2011, the date on which the Agreement has been fully executed by the City and Tenant. RECITALS A. Tenant operates a business, commonly known as Pacheco & Pacheco Insurance Services, Inc., located at 828 N. Bristol Street, Suite 201, Santa Ana, CA 92703 (the "Property "). B. The City has purchased the Property for the Bristol Street Widening Project. As a result of the City's acquisition, the Tenant will be displaced from the Property. C. The Parties desire to resolve all issues relating to the City'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 hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The City shall pay to Tenant the sum of $39,750.00 (Thirty -Nine Thousand Seven Hundred Fifty 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) below. Upon full execution of this Agreement, the City will begin processing an initial payment, payable to Tenant, in the amount of $19,875.00. The City will make the final payment to Tenant in the amount of $19,875,00 after Tenant vacates the Property, signs a Certificate of Abandonment, and provides all keys to the Property to the City or to the City's relocation consultant. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the City 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 (loss of inventory), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. 1 of 6 25G -47 (c) Tenant agrees to vacate the Property on or before August 15, 2011 ( "Vacate Date "). (d) Tenant hereby agrees that City may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. (e) Payment will be made for Relocation Expenses in the arnount of $37,905.00. (f) Payment will be made for leasehold, loss of business goodwill and immovable furniture, fixtures and equipment in the amount of $1,845.00. 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, attorneys, 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 or 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, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, 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 City, (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 City'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 City. (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim 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 executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. 2of6 25G -48 Each party acknowledges the foregoing waiver 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 express 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 from 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, but 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 any 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 law 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 right, 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. (f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or representatives from any claims that may arise from 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. City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and City 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. 3 of 6 25G -49 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. Indemnity 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. Partial Invalidity 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 shall continue in full force and effect. 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. 8. Headings 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 purpose in construing this Agreement. 9. Governing 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. 10. Successors In Interest Subject to any restrictions 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. 11. Necessary 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. 4 of 6 25G -50 12. 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. 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. 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. 16. Voluntary Agreement 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. 17. Notices All 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 City: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Pacheco & Pacheco Insurance Services, Inc. ATTN: Jesus Pacheco 828 N. Bristol, Suite 201 Santa Ana, CA 92701 5 of 6 25G -51 18. 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 to 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 court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: BY: �',Ieus Pacheco v' Dated 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 Attorney BY: Dated Jose Sandoval Managing Senior Assistant City Attorney 6of6 25G -52 PACHECO PACHECO SERVICES, INC. DBA ALLSTATE INSURANCE IMPROVEMENTS PERTAINING TO THE REALTY REPORTEDLY OWNED BY THE TENANT EFFECTIVE DATE OF VALUE - APRIL 8, 2010 Fair Market Forced Item Value in Liquidation No. Qty- Description Place Value 3 1 Sign, foam letters, 12" - 24" high, plastic fascia, "Allstate $600 $0 / 542- 3585 ", wall mounted 4 1 Sign, raised plastic letters, "Allstate ", 10" high, with 425 50 metal trimcap, plastic backing, wall mounted 5 I Lot of vinyl window lettering and signage, consisting of: 2 Signs, 18" x 18 ", "Allstate" I Logo sign, "USA Olympics" I Allstate logo sign 1 1 " letters, "Jesus Pacheco / Auto, Home, Business, Life, etc." 6 1 Sign, 13" high, foam letters, metal fascia, "Allstate" 7 1 Phone system, Norstar, Model No.: M12xo, full feature, including 6 handsets, Ameritech 8 I Lot of cable and data networking for 5 computer stations 9 1 Lot of minor miscellaneous installations including, but not limited to, hooks, fasteners, wall screws, television wall mount, etc. 10 1 Mail slot, metal, through -door 11 Note: The following leasehold improvement was installed by the lessee. It is included in the related real estate appraisal report, therefore it is not included herein in order to avoid duplication of compensation. e Laminate strip flooring TOTAL IMPROVEMENTS PERTAINING TO THE REALTY K 25G -53 140 0 450 50 1,600," 150 0 7 $140 $0 90 0 $4,495 .x$2-50 jResidential Moving Expenses Rental Assistance lDownpaymentAssistance Periodic LRH Payment Purchase Price Differential Mortgage Interest Differential Purchase Incidental Expenses Other Payment: Business Moving Expense. Business Reestablishment Business Site Searching Business In -Lieu Fixtures and Equipment X All- inclusive Settlement Security Deposit Return Advance Payment Interim Payment X Final Payment ©1980 -2008 Overland, Pacific & Cutler, Inc. Please process the following claim as indicated above. 25G -54 (OPC:08 /08) V� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: FIRST AMENDMENT TO AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. PROGRAM MANAGEMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I\7LZ0II;IJ6] ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached first amendment to agreement with Environmental Engineering and Contracting, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide fats, oils, and grease control program management services in an amount not to exceed $180,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the City's Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. In 2010 Requests for Proposals for fats oils and grease program management services were sent and one proposal was received and evaluated by a selection committee. Environmental Engineering and Contracting, Inc. (EEC) was highly rated based on their detailed scope of services, understanding of the project, qualifications and experience with similar projects. On May 3, 2010, the Council awarded an agreement to EEC for a one year term, with provision for three -one year renewals. The services EEC provides include inspection of new food service establishments (FSE's), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to ensure compliance with regulatory requirements, and technical support to City staff for all FOG related issues. EEC has performed all contractual services satisfactorily and has agreed to renew agreement without increasing prices. Staff recommends that the current agreement with EEC be renewed for an additional one year term. This is the first of three possible one year renewals. 25H -1 First Amendment to Agreement with Environmental Engineering & Contracting, Inc. June 6, 2011 Page 2 ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the sanitary sewer service program (accounting unit 05617640 - 62300). Raul Godinez I Executive Direc r Public Works Agency RG /RR Exhibits: 1. First Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 6, 2011, by and between Environmental Engineering and Contracting, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2010 -079, dated May 3, 2010, (hereinafter "said Agreement ") by which Consultant has provided inspection services to ensure food service establishments are in compliance with the City's Fats, Oil and Grease regulations B. In accordance with the terms and conditions of said Agreement, the City wishes to exercise its first option to extent the terms and conditions of said Agreement for an additional one -year period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 3, TERM, shall be amended to extend the term for an additional one -year period, through June 30, 2012. The term may be extended for up to two additional one -year periods, upon the exercise of the option by the City. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. JOHN SHAFFER President EXHIBIT 1 25H -3 25H -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AMENDMENT TO AGREEMENT WITH (WATER, INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached second amendment to agreement with iWater, Inc. for an amount not to exceed $99,500 for a total agreement amount of $485,500. DISCUSSION The Water Resources Division continues to utilize and upgrade the digital water mapping system. This digital mapping system enables city maintenance crews and water engineering staff to respond quickly to emergencies, collect, store, and retrieve data as well as facilitate routine maintenance on water infrastructure assets. Also, all Public Works Users will have access to this water information via the Public Works Agency Geographical Information System (GIS). On June 1, 2009, City Council awarded a contract to iWater Inc. for digital water mapping services, and computer hardware configuration and installation. This agreement was for a total amount of $197,000. On June 21, 2010, City Council awarded an amendment to the agreement with iWater Inc. for a total amount of $189,000. This second amendment to the agreement expands the scope of work to include: • Digital data acquisition and processing • Global Positioning System (GPS) data collection and processing • Computerized maintenance management system (CMMS) deployment and integration • Professional on call and system maintenance services Together these services will map water production assets and features into the digital water map, and will enable the development of the CMMS program to better serve our water maintenance needs. 251 -1 Amendment to Agreement With iWater, Inc. June 6, 2011 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Administration and Engineering program (accounting unit 06017645- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez li Francisco utierrez Executive Direct v G Executive Director Public Works Agency Finance & Management Services Agency RG /AF Exhibit: Amendment 251 -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on May 16, 2011, by and between iWater, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2009 -069, dated June 1, 2010, (hereinafter "said Agreement ") by which Consultant has provided GIS mapping services. B. By agreement of the parties said Agreement was amended to provide additional services and compensation. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide additional mapping services, increase compensation to pay for additional services and another year of support and maintenance and extend the term of said Agreement for an additional one -year term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include the following: During fiscal year 2011 -2012, Consultant shall provide water production mapping services, Global Positioning System (GPS) data collection and processing services, and computerized maintenance management system (CMMS) deployment and integration services, as set forth in Exhibit A -2, attached hereto and incorporated by this reference. Consultant shall continue to provide unlimited service, support and training of infraMAP software. All configuration files, MXD documents, batch files and document management strategies will be provided on an unlimited basis. On -site support and training is included throughout the term of said Agreement. Consultant may be asked to provide additional services which shall be authorized by a writing executed by the Executive Director of the Public Works Agency. 2. Section 2, COMPENSATION, shall be amended to increase compensation by $99,500.00 to pay for the additional mapping and development services and software support during FY 2011- 12, as set forth in Exhibit A -2, attached hereto and incorporated by this reference. Section 4, TERM, shall be amended to extend the termination date through June 30, 2012. I!I 251 -3 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director CITY OF SANTA ANA DAVID N. REAM City Manager iWATER, INC. DONALD W. RHODES President 251 -4 EXHIBIT A -1 SCOPE OF SERVICES AND COMPENSATION FOR FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 Water Production Development: Continue development of water production functionality. System will support inspections and maintenance of Wells, Booster Pumps, Reservoirs, and SCADA Sensors. iWater staff will work closely with the City to identify optimal workflows and data collection standards. Asset GPS Data Collection: Includes GPS data collection of assets defined by the City. Sub -meter GPS will be performed on production sites and sewer facilities. This includes above and underground vaults in addition to and not limited to other assets. CMMS Support: iWater will assist the City of Santa Ana and their contractors with Computerized Maintenance Management System deployment. This will include consultation for work order template and design, integration with CMMS Server components, and additional training for end users. infraMAP Service and Support: Includes unlimited service support and training of infraMAP software. All configuration files, MXD documents, batch files, and document management strategies will be provided on an unlimited basis. On -site support and training is also included throughout the term of the agreement. 251 -5 Additional Professional Services: Additional professional services on "as needed" basis by the City of Santa Ana. These include but not limited to: Redline cleanup and updates, and GIS linework construction. iWater will assist the implementation of the selected CMMS system. The implemented systems will be integrated for infraMAP users. Professional Services and Hourly Rates Task Unit Cost # of Total Cost Units - GPS Point - Sample Site, 7.00 4,500 31,500.00 Backflow, Production Site, Manhole, or other - Water Production 15,000.00 1 15,000.00 Development - Computerized Maintenance 20,000.00 1 20,000.00 Management System (CMMS) Support - infraMAP Service and Support 18,000 1 18,000.00 - Additional Professional Services 1 1 15,000.00 (As Needed) Basis Total: Not to Exceed $99,500 251 -6 Exhibit A Water Production Development: www.iwater.org Continue development of water production functionality. System will support inspections and maintenance of Wells, Booster Pumps, Reservoirs, and SCADA Sensors. iWater staff will work closely with the City to identify optimal workflows and data collection standards. Asset GPS Data Collection: Includes GPS data collection of assets defined by the City. Sub -meter GPS will be performed on production sites and sewer facilities. This includes above and underground vaults in addition to and not limited to other assets. CMMS Support: iWater will assist the City of Santa Ana and their contractors with Computerized Maintenance Management System deployment. This will include consultation for work order template and design, integration with CMMS Server components, and additional training for end users. infraMAP Service and Support: Includes unlimited service support and training of infraMAP software. All configuration files, MXD documents, batch files, and document management strategies will be provided on an unlimited basis. On -site support and training is also included throughout the term of the agreement. 18 Goodyear #100 ♦ Irvine, CA 9261$ 5 i h .949 - 768-4549 ♦ Fax: 949 - 768-4155 1 Water Org Exhibit A Additional Professional Services: Additional professional services on "as needed" basis by the City of Santa Ana. These include but not limited to: Redline cleanup and updates, and GIS linework construction. Water will assist the implementation of the selected CMMS system. The implemented systems will be integrated for infraMAP users. Professional Services and Hourly Rates Task Unit Cost # of Units Total Cost - GPS Point - Sample Site, Backflow, 7.00 4,500 31,500.00 Production Site, Manhole, or other - Water Production Development 15,000.00 1 15,000.00 - Computerized Maintenance 20,000.00 1 20,000.00 Management System (CMMS) Support - infraMAP Service and Support 18,000 1 18,000.00 - Additional Professional Services (As 1 1 15,000.00 Needed) Basis Total: Not to Exceed $99,500 iWater, Inc. Confidential 251-8 5/19/2011 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: AGREEMENT WITH MANAGEMENT PARTNERS, INCORPORATED FOR INTERIM MANAGEMENT ASSISTANCE SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended • Ordinance on 151 Reading • Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Management Partners, Incorporated for Interim Management Assistance services at $175 per hour with a monthly amount not to exceed $15,000, subject to non substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is seeking senior level management assistance to assist the City Council and the Executive Management Team address a number of important public policy and strategic direction issues. These areas include: • Conducting strategic planning and visioning • Providing strategic direction for specific major initiatives • Providing advice on labor negotiations • Assisting in managing the implementation of a budget stabilization plan • Providing analysis on policy matters and complex municipal issues • Facilitating teambuilding with the organization and with the City Council Staff is recommending this supplemental management and analytical support services to assist in developing innovative solutions to modify existing programs and practices to reduce costs and financial impacts on the City budget. Additionally, staff would utilize Ms. Perkins to facilitate visionary and strategic initiatives with the staff and City Council. Jan Perkins, Partner with Management Partners is proposed for the interim management services role. Jan has more than 30 years of Public Administration experience. She has 25J -1 Agreement with Management Partners, Inc. For Interim Management Services June 6, 2011 Page 2 previously served as the Assistant City Manager for Santa Ana and also served as the City Manager for the cities of Morgan Hill and Fremont. She has been a partner with Management Partners since 2005 and is well skilled in dealing with complex projects and is especially well trained in providing leadership and mentoring for organizational development and personnel growth. The fee proposed will be for $175 per hour for approximately 20 hours per week with a monthly amount not to exceed $15,000. No holiday pay or paid leave allowance will be included. Ms. Perkins' hours will vary based on the needs of the City Council as well as the organization. The contract period and the work hours billed will be based on need. The City Council or Management Partners may terminate the contract with a 30 day notice. FISCAL IMPACT Funds for the project are available in the current fiscal year and 2011 -12 fiscal year non - departmental contract services account (No. 01105015 - 62300) and the City Manager Office contract services account (No. 01103010 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: TNR 1t1. Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2011 -06 TO ALLOW A 57 -FOOT HIGH MONOPINE WIRELESS FACILITY FOR VERIZON WIRELESS AT 2624 SOUTH HICKORY STREET — CORE COMMUNICATIONS, APPLICANT cvr��' &0.— CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2011 -06 as conditioned. PLANNING COMMISSION ACTION On May 9, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011 -06 as conditioned by a vote of 7:0 to allow the construction of a 57 -foot high wireless facility stealthed as a monopine for Verizon Wireless in the Light Industrial (M1) zoning district at 2624 South Hickory Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ELY= Jay M. Trevino Executive Director Planning & Building Agency VF:rb Areports \CUP\CUP11 -06 Verizon.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQU EST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2011 TITLE: PUBLIC HEARING - FILED BY CORE COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2011 -06 TO ALLOW A 57 -FOOT HIGH MONOPINE WIRELESS FACILITY FOR VERIZON WIRELESS AT 2624 SOUTH HICKORY STREET Prepared by Vince Fregoso &LA k luqz Executive Dire or RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO A� Planning Man4ler Adopt a resolution approving Conditional Use Permit No. 2011 -06 as conditioned. DISCUSSION Request of Applicant Core Communications, representing Verizon Wireless, is requesting approval of a conditional use permit to allow the construction of a 57 -foot high wireless facility stealthed as a monopine at 2624 South Hickory Street. Project Location and Site Description The project is proposed to be constructed on a 0.84 -acre (36,590 square foot) parcel of land located on South Hickory Street, just south of Goetz Street. The site is currently improved with a 10,900 square foot industrial building that is occupied by Minuteman Pumping. Land uses surrounding the site include industrial and warehouse uses to the north, south, east and west (Exhibits 1 and 2). Project Description Verizon is proposing to construct a 57 -foot high wireless facility stealthed as a monopine. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the monopine the appearance of a natural tree, the facility has been designed to have branches that will extend three feet above.the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 20 -foot by 30 -foot yard area at the rear (south) of the existing building. Further, two 36 -inch box Canary Island Pine trees will be installed east of the facility to assist with the stealthing of the monopine (Exhibits 3, 4 and 5). Exhibit A 1 lki CUP No. 2011 -06 May 9, 2011 Page 2 The proposed wireless facility will contain three arrays with four panel antennas on each side, for a total of 12 panel antennas. A GPS and parabolic antenna will also be located on the monopine, which will be camouflaged as a Canary Island Pine Tree. Additionally, a new trash enclosure, built to City standards, will be installed. Proiect Background The site is occupied by Minuteman Pumping, an industrial plumbing business that specializes in the servicing of septic tanks and restaurant grease collection systems. Minuteman will be leasing a 600 square foot area at the southeast section of their site to Verizon for the installation of the cell tower and related equipment. General Plan and Zoning Consistency The General Plan land use designation for the site is industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M -1). also allows for manufacturing, industrial and consistent with the zoning designation. Project Analysis The Light Industrial zoning district is a zone that warehouse uses. The proposed use is also In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless facilities, which are ground mounted facilities such as the one proposed, or roof mounted and higher than 10 feet above the roof of a building, are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and 7. The construction of a new trash enclosure. 31A-4 CUP No. 2011 -06 May 9, 2011 Page 3 Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole. The applicant has explored alternatives to this monopine, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. The heights of the buildings (predominantly one story) in the immediate area do not provide the necessary height to provide adequate service. Also, there are no wireless facilities close enough to provide the necessary coverage and capacity that Verizon requires. Site improvements are proposed for the site that will bring the site into compliance with the wireless communications facility ordinance. First, two 36 -inch box Canary Island Pine tree will be planted near the facility to assist in the stealthing of the monopine. Second, decorative wrought iron fencing will be used to secure the wireless equipment. Finally, a new trash enclosure will be installed that complies with the City standards. The remaining items were found to be in compliance with the requirements of the wireless facilities ordinance. • The project will provide a service or facility which will contribute to the community. The proposed monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the south central sector of Santa Ana. 31A-5 CUP No. 2011 -06 May 9, 2011 Page 4 • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). • The proposed monopine, in conjunction with the new live pine trees and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this commercial corridor. • The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. • The proposed monopine 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 land use designation. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. A facility designed as a monopine would provide the best stealth possible for this location. The facility is located within an industrial district and will be installed on the south side of the building, away from other industrial buildings. Within the corridor, there is a mixture of pine and broad leaf trees. The pine tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the pine tree has been found to be the solution that best stealth's the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopine. 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 Verizon by closing service gaps in the area. Equipment for the facility will be located in a new enclosure at the rear of the building and will be screened by wrought iron fencing. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan, including Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for services. Public Notification The project site is located within the boundaries of the Delhi Neighborhood Association. The co- presidents of this Association were notified by mail 10 days prior to this public hearing. In addition, staff contacted the co- presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association co- presidents, nor was there a request that the applicant present the project to a meeting of their members. lkl_I�Q� CUP No. 2011 -06 May 9, 2011 Page 5 The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 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 -85 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011 -06 as conditioned. Vince Freg o, At P Principal Planner VF:jm vAreports\CUP\CUP11 -06 Verizon.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Elevations Exhibit 5 — Photo Simulation 31A-7 r .ti +'LJU I,U I WARNER JI LJ U LJ U L_1 L_J LJ 11 AVE, 1 si91 L� cl R2 C2 y Rl R2 ° RI R2 O R2 LJ R2 R2 Q C2 a F�Rl�j' C2 ~R2 RI ! a R2 M1 Ml — rF--F a R2 Rz R2 R2�n�c r I cl R2 Z I Rz Q C2 R2 R2 R2 R2- R2 RRD SD -12 - - -- r cz MI M1 , Ml R -P R2 ar / e - - - - -- R2 4 F M1 I M1 M SD -63 JJ Ml pp��1 M1 C2 M 1 PAW G41 JI L I SD -12 1 -- DYER RD. II II II M1 a Ml II � M1 MI M2 HMO 3 � 0 ? o a •v. Q City of Tustin M1 M1 rnuraarE •v SD -43 SD-43 SD -43 5D -43 ti � yh a -sio +r. >6310 SI -39 Al GB&8*LAGiUVLFA-T CR ODMME7M FESDBJ11AL Rl 9NIL EFAMILYFESDWFIAL $ FAWNGMODIRCATION OC GavEF MENTCSNTER F2 TWOFAMILYFIESDMCE GSA 00MMF3t7ALSOMMIN M7 UGKrNDWM4AL FB MULTIF-EDENSTYWILTIFLE cl COMMEINITY00MME11C1AL M2 HDWNDUSIRAL SWILYFESDRJC£ Cl-MD G0hW.0'JIdr8<WMLMWDWRCT MO MRJTAFd0PER4TIONS M 3JELFQANAFARIMffM C2 GENEFALOOMMEIiL1L O OPEN SME FE FESDFNTIALESIATE C3 CBMAL"NESS P FR OFESSONAL 3:) gH7FCDEVflUWENT C3-A (LENTF4LBLISNE95AMSFMLIAGE FCD FLANNEL) 00MMtIAWDEVEL FMENT sp SIMFICRAN C9 RANNEDS- OPF1NGC8dT61 PFa RAFNED FESDEN� MaCFMENT 05 ARa9IALOOMME FOAL CUP 11 -6 VERIZON 2624 SOUTH HICKORY STREET - - = 500 FIEF 1" =1000 FIST 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 EXHIBIT 1 VICINITY MAP 3ND tRI I N D U S T R I A L I N D U S T R I A L W A R E H O U S E J Q GOETZ STREET - W W W W F ¢ ¢ W � F Ln W V1 Vl ¢ Y I N D U S T R I A L } I N D U S T R I A L % o w I N D U T R I A L J O z W Y N V _ N = O J 6 Q Q z J Q H 1 N D U S T R I A L & W A R E H 0 U S E 0 DYER ROAD CUP 11 -6 VERIZON 2624 SOUTH HICKORY STREET �1 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 Lki u m N N W N N N w w - z CL I alp o iUj 9q z� Hit - - - - - -- T- -- - - -� I Lki 0 Page 2 of 2 31 A -11 ao H A w W Z W! « ism LLI j ���� �R <��0����8�' �G� w�� a00 ��N Oj x�w W 2 d H za W `s u 4u z r-- - i Ilk i r I. tR ky YIII.{ n II C I l 1 J�y I i T � \ Ax I o o ,: 5 - — — - -- - - - -- - a _... -- - � � � d W z z f Page 2 of 2 31 A -11 w l ui H w v PF M �IA C'S LU U t C ° N Q � w �a n 4 � .rat e 3 I � i9a I\ i v `Y � s t kk i i = i S = y� 3lgAs12 Nage 2 of 2 31 A -13 Z o� !V C < x i 8 m � Lf) `I x� Li > £ Q _ _ L�-Ps'. s as � N 224" 0 � � 5 0 `` it � a ,� '✓ 1 ` yxQF�• Q �`FpyJj W W J W O t W a � Nage 2 of 2 31 A -13 yw m W F- Z W C3 I Cl W r 31 WM a= 0i W Z W'' E3 I E3 W 0 N P < u z z z n PW 2 Ot 3 31 A -15 :.�cp c a) C C. 9= 4n� �mq r) 6Ln 0. LW 1 Z W E3 ElY LLW r a r N a V Z L jh W h Y Y C h t O Y V x tll a n m N �i • ftp 3 Of 3 31 A -16 31 A -17 ROH - 05/09/11 RESOLUTION NO. 2011 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011 -06 TO ALLOW A 57 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 2624 SOUTH HICKORY STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2011 -06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 9, 2011. B. Conditional Use Permit No. 2011 -06 has been filed with the City of Santa Ana seeking to allow a 57 -foot high wireless facility stealthed as a monopine on the property located at 2624 South Hickory Street. C. Pursuant to Santa Ana Municipal Code Section 41- 198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. 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 57 -foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south 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. 2011 -07 Page 1 of 7 ikii_[_d_E:� 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 new live pine trees and required site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site upgrades will be the major solution to maintaining and increasing the economic stability for this commercial corridor. 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 land use designation. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for services. 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 -85 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011 -06 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 May 9, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2011 -07 Page 2 of 7 iki ADOPTED this 9th day of AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Joseph A. Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney May , 2011 by the following vote: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY Turner, I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2011. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2011 -07 Page 3of7 Conditions for Approval for Conditional Use Permit No. 2011 -06 Conditional Use Permit No. 2011 -06 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 prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP 2009 -34). 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 any existing landscaping shall be protected in place during the construction period for the 57 -foot monopine facility. 4. Prior to issuance of an electrical meter, construct a new trash enclosure for the building. 5. 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. Resolution No. 2011 -07 Page 4 of 7 31A-21 CUP NO. 2011-06 MAY 9, 2011 PAGE 2OF4 f. Branches should have an upward sweep similar to that of actual Canary Island Pines. 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. 6. The permit applicant recognizes that the frequencies used by the cellular facility located at 2624 South Hickory Street are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public- Safety Communications Officials - International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in Resolution No. 2011 -07 Page 5of7 31A-22 CUP NO. 2011 -06 MAY 9, 2011 PAGE 3 OF 4 good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 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 e-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. Resolution No. 2011 -07 Page 6 of 7 31A-23 CUP NO. 2011-06 MAY 9, 2011 PAGE 4OF4 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. 2011 -06 expires 10 years from the date of City Council approval. Resolution No. 2011 -07 Page 7of7 31A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: VARIANCE NO. 2011 -07 TO ALLOW A REDUCTION IN SETBACKS AND LOT SIZE FOR A TAQUERIA DE ANDA RESTAURANT AT 1221 NORTH BRISTOL STREET — ARCHEION NEVADA, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2011 -07 as conditioned. PLANNING COMMISSION ACTION On May 9, 2011, the Planning Commission adopted a resolution approving Variance No. 2011 -07 as conditioned by a vote of 6:0 (Yrarrazaval abstained) to allow a reduction in lot size and setbacks for a vacant building to be re- occupied by a new restaurant, Taqueria De Anda, in the Bristol Street Corridor Plan No. 1 (SP1) zoning district at 1221 North Bristol Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 9kZ1--- Ja . Trevino Executive Director Planning & Building Agency VF:rb vf\reports \VAs \VA11 -07 Taqueda De Anda 1221 Bristol.cc Exhibit: A. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2011 TITLE: PUBLIC HEARING — VARIANCE NO. 2011 -07 TO ALLOW A REDUCTION IN SETBACKS AND LOT SIZE FOR A TAQUERIA DE ANDA RESTAURANT AT 1221 NORTH BRISTOL STREET Prepared by Vince Fregoso Executive Dfrector PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO " - klex�.J04__ Planning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2011 -07 as conditioned. DISCUSSION Request of the Applicant Ruben Burrola of Archeion Nevada, representing Taqueria De Anda Restaurants, is requesting approval of two variances in order to allow a vacant building to be re- occupied by a new restaurant. Specifically, the applicant is requesting approval of a variance from Sections 41 -372 (a) and 41 -373 of the Santa Ana Municipal Code (SAMC) to allow a commercial building to encroach into the required 15 -foot landscaped setback -and to allow the use on a site that is less than 15,000 square feet in size. Project Location and Site Description The subject property is located at 1221 North Bristol Street. The site is approximately 11,709 square feet in size, semi - rectangular in shape and contains a vacant, 1,124 square foot structure. The building is situated on the northwest corner of the site and has an existing 15 -foot setback along Bristol Street and a six -foot setback along Washington Avenue. No landscaping is located in the setbacks as they are currently paved with concrete. The site is surrounded by a vacant parcel of land, commercial and single - family residential uses to the north, a Southern California Edison substation and commercial uses to the south, single - family residential uses to the east and commercial uses across Bristol Street to the west (Exhibits 1 and 2). Project Description The proposed project will consist of numerous improvements to the building and site in order to facilitate the Taqueria De Anda restaurant. The exterior of the building will be improved to include the removal of the curved metal roof and the construction of a new roof fagade, the installation of Exhibit A 31 B -3 Variance No. 2011 -07 May 9, 2011 Page 2 new accent tiles on the exterior walls, the repainting of the building and the replacement of all damaged glass. In addition, the existing drive through lane for the restaurant will be removed and will be replaced by a new outdoor seating area. Improvements to the interior of the building will also be made and will include new kitchen equipment, upgrades to make the building ADA accessible, flooring and paint. The project will also incorporate various site improvements. These improvements will consist of the removal of the drive through lane, the removal of existing landscaping and the planting of new landscaping, the construction of a new trash enclosure, the repairing and repaving of the parking lot and new site lighting. In addition, all existing signage will be removed and will be replaced with new signs that comply with current code provisions (Exhibits 3, 4, 5 and 6). Access to the project site will be provided from both Bristol Street and Washington Avenue. The parking requirement for a restaurant use is 10 spaces per 1,000 square feet of building (Section 41- 1341). A total of 15 parking spaces will be provided on -site, which exceeds code requirements by four spaces. Project Background The building was constructed in 1965 as a takeout food establishment and was occupied as a Kentucky Fried Chicken restaurant until the restaurant vacated the premises in January 2008. At the time of its construction, the building was in compliance with all development standards in place for a commercial use. In the mid 1980's, the City revised its commercial development standards to require a minimum lot size for a commercial use of 15,000 square feet as well as a 15 -foot landscaped setback standard, thereby making the building and site non - compliant with today's development standards. In 1991, the City adopted the Bristol Street Corridor Specific Plan, which provided the framework for future redevelopment and widening of Bristol Street. Due to the proposed widening of Bristol Street from four to six lanes, the subject property has been designated as a 'full take" site. General Plan and Zoning Analysis The General Plan land use designation for the site is Open Space (OS), which allows for parks, water channels and other open space uses. Due to the redesignation of the site from General Commercial (GC) to Open Space, and the project's nonconforming status, the project is not consistent with this General Plan land use designation. The subject site is located in the Bristol Street Specific Plan (SP -1) zoning district. SP -1 is a zoning designation that has several objectives, including the widening of Bristol Street, encouraging upgrades to the development character of the area, and the protection and enhancement of residential areas and community facilities along the corridor. Due to noncompliance with the lot size and setback standards, the project is legal nonconforming with current zoning standards. Variance No. 2011 -07 May 9, 2011 Page 3 Project Analysis Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In the case of proposed projects that are located on sites or in buildings considered to be legally non- conforming according to Article VI of the Zoning Ordinance, the project analysis begins with an assessment of the degree to which the proposed project triggers the need to bring such non- conforming aspects of the site into conformance with current standards. Regarding this project, Section 41 -683 of the Santa Ana Municipal Code (SAMC) states that if a nonconforming building is vacant, unused or unoccupied for 12 consecutive months, any subsequent use must conform to current development standards, including lot size and setbacks. As this particular building has been vacant for over three years, a restaurant would not be able to occupy the building until the entire site complies with current code requirements, or a variance is approved for those items which do not meet the current standards. In this case the zoning requires a landscaped setback of not less than 15 feet [Section 41- 372(a)] along Washington Avenue since the side yard abuts a public street, and a lot greater than 15,000 square feet in size (Section 41 -373). The building has an existing side yard setback of six feet along Washington Avenue and is only 11,709 square feet in size. The applicant is requesting to allow the parcel size to remain as is and the existing setback to remain at its current dimension, which would require the approval of a variance from the code discussed above. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. 31 B -5 Variance No. 2011 -07 May 9, 2011 Page 4 The project site has a special circumstance related to its size, shape and location. The property was developed over 45 years ago on a parcel that was compliant with code in regards to lot size and setbacks. The lot is now surrounded by single - family residences (to the east), an Edison Substation (to the south) or public streets (to the north and west), which makes it infeasible to obtain additional land to bring the lot size into conformance with the current standard. Further, the building was constructed in compliance with development standards at that time, which allowed a reduced setback on Washington Avenue. The shifting of the building on the site further to the south to comply with the setback standard would affect the Bristol Street driveway, thereby impeding the on -site circulation pattern of the property. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the lot size standard would be infeasible as it would require the applicant to acquire a residentially zoned property to the east that is within an established neighborhood or a property used by a public utility company south of the site. In addition, compliance with the setback standard would require the demolition of approximately 500 square feet of building area; a reduction of 44 percent of usable area. The acquisition of an additional parcel and reduction in building size would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to be rehabilitated to comply with all applicable development standards except for the setback and lot size requirements. Further, the project will be consistent with the objectives of the Bristol Street Widening Project, which include upgrading the development character of the area, encouraging the rehabilitation of as many businesses as possible and encouraging local neighborhood servicing commercial uses adjacent to residential areas. Finally, the project will not adversely affect the General Plan even though the proposed restaurant use is not consistent with the Open Space land use designation. The proposed restaurant is a neighborhood service use that is encouraged in several land use designations of the General Plan. This project will result in the improvement of a vacant site that will remove several undesirable elements from the property, which include the elimination of the drive through window service, the removal of noncompliant signage and the installation of lighting that does not impact the adjacent neighborhood. Further, the site will be a sit down eating establishment that will provide an additional restaurant to the adjacent neighborhoods as well as Santa Ana College students, faculty and administration. As discussed earlier, the project site is a "full take" property on the Bristol Street Widening Plan. Currently, the City is proceeding with the widening of Bristol Street from First Street to Civic Center Drive. The next phase, from the north side of Washington Avenue to Seventeenth Street, will commence in approximately three years. The final phase, from Civic Center Drive to Washington Avenue, does not have funding at his time. As a result, it is anticipated that this segment will not be subject to widening for at least five years. li I M Variance No. 2011 -07 May 9, 2011 Page 5 To minimize the effects of the reduced lot size and setback, an extensive list of site improvements are proposed. For instance, existing hardscape, with the exception of required walkways, along both Bristol Street and Washington Avenue will be removed in order to provide new landscaping. In addition, the existing parking lot will be repaired and restriped as necessary to improve on -site circulation and to provide additional landscaping. This improvement will make the parking lot comply with both the current setback standard as well as the landscaping standard. The applicant will be removing dead landscaping and will install new landscaping materials within the setback areas as well as within all parking lot landscape planters. It is recommended that the required trees be upgraded to a 24 -inch box size and shrubs to a 5- gallon size throughout the project to compensate for the reduction in required setbacks. Public Notification The project site is located within the Washington Square Neighborhood Association. Staff and the applicant attended a meeting with the Washington Square leaders in March 2011 to review the project and obtain neighborhood input. Issues pertaining to outdoor music, lighting and trash were raised by the neighborhood at this meeting. Modifications to the project were made in response to the concerns raised by the neighborhood. In addition, the contacts of this Neighborhood Association were notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009 -93 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2011 -07 as conditioned. f Vince Fregoso, AI Principal Planner VF.jm vfVeports\Vas\VA11 -07 Taqueria De Anda 1221 Bdstol.050911.pC 31 B -7 Variance No. 2011 -07 May 9, 2011 Page 6 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Site Plan Exhibit 3 — Floor Plan Exhibit 4 — Colored Building Elevations Exhibit 5 — Colored Building Elevations Exhibit 6 — Landscape Plan •� WESTMINSTER I �(im ST.) I L AVE. : -s-o, I,.v„ SEYENTEENi TH LJ + -- -- —c —, -- r- R2 R2 Z R2 i M, R2 C2 °' C2 R1 j GC p _ P ® s0 P ' P 5bss SD -55 P P 0 P swe a a Al GENE SLAG4aLnffLt CR OJMMOM FESDF3QTIAL F21 9NGLEFAMLYFE30BgIAL -6 FARGNGM0DIRMn0N GC GO U MDUCWER FQ TMFAMFLYFE90eKE CW OCMMffU4SJUTH MAIN M1 UGKrINDUSFRAL Ri MLUnFEOBJ9TYMULTIRE C1 OCMMLNITYOOMME MAL M2 HEAWNDUSFRAL FiAMFLYFEWDK= C1-MD COMM. 0CHIM8i"LW1MU931M DISIRCT MO MUNWOPERkA S FA 9JBJEANAFAMM8M C2 GBJ6i'1LCCMMBM 0 OPEN SIAM FE FMDDMALEME Ci aNTFALH19NESS P ATONAL SD 91mnCDEVROPMENT CM CDfWeL BUSNESBAfdIb M U AM FCD RANNFi7CCMMUNITYDELT3.CANWT 9' SMFTCRAN Ci RANED34OPPMCENTER Aa RAN® FMDF3dM DBIEOWENT CS ARrERALOpuWCAL VA 11 -7 TAQUERIA DE ANDA ,•= l000 rEff 1221 NORTH BRISTOL STREET - - =WO 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 EXHIBIT 1 VICINITY MAP WASHINGTON L S I N G L E A M I L Y COMMERCIAL S I N G L F A I L Y Q R E S I D N E AVENUE V Z a v � W C MM. 12TH STREET 11TH STREET F- W W K F- N J O F- co m S I N G L E A M I L Y R E S 1 D E N C E Q 11TH STREET F- W W K F- N J O F- co m RESIDENCE F- W W l7: F- N W N O J VA 11 -7 TAQUERIA DE ANDA I� 1221 NORTH BRISTOL STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 1'li-,m [i� Q V 2 V } Q V � VACANT AVENUE V Z a v � W J a V W SINGLE FAMILY RESIDENCE F- W W l7: F- N W N O J VA 11 -7 TAQUERIA DE ANDA I� 1221 NORTH BRISTOL STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 1'li-,m [i� Y F me - _ a'p ._ _ �.o — - _ {•'Gpi��d� °'f = — _ .-. :1 y y=Q c`Q• y of �*< = gi � vn d o gg e °ems � cn .1/c I r .ri Ca�a .r �• ° o sll W.W-1 - < °G R S --4! �d nYr10IS (1) 'QAIO KOIDNIHSVA 'M 3"BIJ j K E C'7 lT CD cm O z w m i` 0 0 0 z a x w E- O c7 CQI 0 0 O z a a F W W .-a O F- CA � I z 'Z � W i/) b" Z of mc 31 glHjjl 4 C7 O O O N O Z Ion son nommossommonsomin w n 1101611 =11010111111111111111010' I mom is 1011111111111111111 co m 0 O pill 1 o � o I I 11mmominnomm I z a U CK - W, W �iiiiiiiiiiiiiiiiiiiiiiiiii�iiii�}iill gill cr uo• eee ■eaa ■aa0000e■neo�anoQeo ■e ■oo■ 0 no ■ova■00000ao■aes■on000no■e■on■ z PQ � � a o F x w a dm ■ ■� 00 ■ 00 00 Mal � ■� 0 00 0 ■ OB O ® ®00 ©000096 ®� Icilia � 0-F I O ( ) ( ) ( ) o< w� 0 31 glHjjl 4 0 ® ® ® ® ®99 © ©6� ® ® © ® ®9 4 of C CS qp ;E � r m — T" 3T9'-i3 cn cn CD C) C\j cc C= C4 F— CID cv fi C) a. a x a 8 3,3 Ill! IN Eli 8 C-) I b cn z CD Ul > C4 3T9'-i3 Tadao :o.ej.00.aa.iis•.,,• 8El9'LZa'al1 KVd IC 19'1Z0-0 1L iNONd 9 Z97 VO VS3N V1 SO] 133Y1S VaNVE 1111 V l 3 d V 0 S d /N� QOOMU3/ 9omvoaepune4bA win epueep 56581 epueac 86-29 avv dW a3 UM S1N3wnDw 3dVDSONY1 .�o •w1 ww O \MS VGNV34 HI2tgn v-L 3 3 3 � • �?c� • fa�E�o O ioE r a r E _ cX ' $•_ $E$ t v' f i g y� - _ _ ° • ! EE E 5'�e- °•�`_-5 �N�1p to N O • L 3 O_ m O m S C O .Ir a _•�'_2 �m p O e• U i` i Y e i o i = e_ �bi'o ee °_�s•.o Q) 0 p !n J i ' ° A� ° _ ' u: E r S • ==e. alaceeE�1<; 0 4 r = ei.. i� ppg�g v a� � � c� � $S a � ° a = =AYE egn- as„• =Ev Ss'° �O �UZ�O u. 9>•: d •Y�Y o. of l7 0• E V., ga 1.13: t 7Za7Od Z O® ®O O W O 1• F _cg g e =w�OOO Cs C O� a i !t Ss Ni TV-1 4 LU Ln ce co him, \ 1 TV-1 4 ROH - 05/09/11 RESOLUTION NO. 2011 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011 -07 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND LOT SIZE FOR THE PROPERTY LOCATED AT 1221 NORTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2011 -07 to allow a reduction in landscaped setbacks and lot size for a Taqueria De Anda Restaurant at 1221 North Bristol Street. B. Variance No. 2011 -07 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 9, 2011. C. Variance No. 2011 -07 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district and to reduce the required lot size for retail use in the C1 district. Section 41 -372 of the Santa Ana Municipal Code requires a landscaped area not less than fifteen (15) feet along any property line abutting a street, except for paved driveways, in the C1 district. In addition, Section 41 -373 of the Santa Ana Municipal Code requires at least fifteen thousand (15,000) square feet, and one hundred and twenty (120) feet of street frontage, for retail use in the C1 district. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. Resolution No. 2011 -08 Page 1 of 6 31 B -15 The project site has a special circumstance related to its size, shape and location. The building was constructed in the 1965 and was previously used as a Kentucky Fried Chicken restaurant. Subsequent to its construction, the development standards for commercial developments were modified, making it non - compliant with today's development standards. The site is now constrained on all four sides, making it infeasible to increase the size of the lot. Further, the shifting of the building on the site further to the south to comply with the setback standard would affect the driveway on Bristol Street, which would affect the on -site circulation pattern of the property. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the lot size standard would be infeasible as it would require the applicant to acquire a residentially zoned property to the east that is within an established neighborhood or a property used by a public utility company south of the site. Meeting the setback standard would require the demolition of approximately 500 square feet of building area, which is a reduction of 44 percent of usable area. This reduction would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. The granting of the variance is necessary to preserve the property owner's rights and the variance will allow the owner to rehabilitate and improve the site for a new restaurant use that is consistent with the general plan designation. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property as significant interior and exterior upgrades will be made to a vacant building that will bring the site into compliance with all applicable codes. Improvements such as a new building fagade, a new parking lot, new landscaping and a new trash enclosure will enhance this property as well as the surrounding properties. Further, the proposed restaurant use will not generate operational impacts to surrounding Resolution No. 2011 -08 Page 2 of 6 properties. Finally, the building will comply with the provision of the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan even though the proposed restaurant use is not consistent with the Open Space land use designation. The proposed restaurant is a neighborhood service use that is encouraged in several land use designations of the General Plan. This project will result in the improvement of a vacant site that will remove several undesirable elements from the property, which include the elimination of the drive through window service, the removal of noncompliant signage and the installation of lighting that does not impact the adjacent neighborhood. Further, the site will be a sit down eating establishment that will provide an additional restaurant to the adjacent neighborhoods as well as Santa Ana College students, faculty and administration. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009 -93 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2011 -07, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required landscaped setbacks and lot size for the property located at 1221 North Bristol Street. 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 May 9, 2011, and exhibits attached thereto, and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2011 -08 Page 3 of 6 31 B -17 ADOPTED this 9th day of May, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Turner (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Yrarrazaval (1) Eric Alderete Chairman APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011 -08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2011. Date: Planning Commission Secretary City of Santa Ana •� Resolution No. 2011 -08 Page 4 of 6 Conditions for Approval for Variance No. 2011 -07 Should the Planning Commission approve Variance No. 2011 -07, the approval is 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 prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2009 -36 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. 5. The required trees shall be upgraded to 36 -inch boxed size and shrubs shall be upgraded to 5- gallon size throughout the project. 6. Vine pockets are required to be added to the block wall that is located on the south and east property lines. 7. A new trash enclosure shall be constructed to City standards. Exhibit A Resolution No. 2011 -08 Page 5 of 6 B. Police Department The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2011 -08 Page 6 of 6 41-M I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: WORKFORCE INVESTMENT ACT TITLE I SUB -GRANT FOR PY 2011 -2012 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager or designee to execute all necessary documents for the Workforce Investment Act sub -grant with the State of California, Workforce Investment Division. DISCUSSION The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs for adults, dislocated workers and youth who meet specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity on January 28, 2000, by the State Workforce Investment Board. Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. A new sub -grant agreement is required at the beginning of each program year in order to receive the new WIA funds as they are allocated by the State. Upon submission of this sub -grant agreement, the City will be eligible to receive $1,381,816 in WIA Youth funds for PY 2011 -12. The City will also be eligible to receive $1,205,859 in WIA Adult funds and $795,301 in WIA Dislocated Worker funds for PY 2011 -12 through a unilateral modification by the State of California. FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. E ards Interim Exe tive Director Community Development Agency NTE /DS /mlr Exhibit: 1. Resolution 55A -1 55A -2 les: 5/19/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB -GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and an administrative entity by the State Workforce Investment Board. The City of Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. C. A new sub -grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub - grant is the first step in the process enabling the City of Santa Ana to receive WIA funds as they are allocated by the State of California for fiscal year 2011- 2012. D. Submittal of the sub -grant agreement will enable the City to be eligible to receive $1,381,816.00 in WIA Youth Funds for program year 2011 -2012. The City will also be eligible to receive funding in the amount of $1,205,859 for the Adult Program and $795,301 for the Dislocated Worker Program through a unilateral modification from the State of California. E. The sub -grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. 55A -3 Resolution No. 2011 -XXX Page 1 of 2 Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or his designee to execute all necessary documents related to the sub - grant with the State of California, Workforce Investment Division. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on 2011. Date: Clerk of Council City of Santa Ana 55A -4 Resolution No. 2011 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: ADOPT A RESOLUTION TO AMEND THE FLEXIBLE SPENDING PLAN AND THE CITY- SPONSORED EMPLOYEE GROUP BENEFIT POLICIES Lh- CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to amend the Flexible Spending Plan and authorize the City Manager or his Designee to approve all amendments to City- sponsored employee group benefit policies and plan documents as needed and required by law, federal health care reform, and /or an adopted Memorandum of Understanding. DISCUSSION The City created a Flexible Benefits Plan effective January 1, 1990, to offer eligible employees an opportunity to forgo taxable income in exchange for paying for certain health care expenses, dependent care expenses, and premium expenses on a tax -free basis. The plan was renamed "The City of Santa Ana Flexible Spending Plan" effective January 1, 2001 and subsequently amended and restated effective August 1, 2007. In compliance with the provisions of the Affordable Care Act of 2010 (the umbrella title for the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act aka "health care reform "), the plan must be amended to provide health coverage for children through age 26 and prohibit the reimbursement of most over - the - counter drugs. The City has numerous group benefit policies pertaining to the provision of medical, dental, vision, life, long term disability and flexible spending plans for covered employees. These policies and their respective plan documents must be amended periodically in compliance with federal, state and /or local laws, rules and regulations such as the Affordable Care Act of 2010 and in response to negotiations. 55B -1 Flexible Spending Plan Resolution June 6, 2011 Page 2 The City Manager or his designee will have the authority to approve all current amendments, as well as future amendments to the City sponsored employee group benefit plans as required by law, health care reform, and /or an adopted Memorandum of Understanding as approved by City Council. FISCAL IMPACT There is no fiscal impact associated with this item. Kathie Gonzalez Executive Director Personnel Services Agency I RESOLUTION NO. X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE FLEXIBLE SPENDING PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Effective January 1, 1990, the City of Santa Ana adopted its Flexible Benefits Plan (the "Plan "). The Plan's purpose is to offer eligible employees of the City a choice between cash and certain non - taxable statutory fringe benefits. The Plan is available to each current full -time employee and any new full -time employees. The Plan provides tax -free reimbursement of qualified health care expenses or dependent care assistance. B. The Plan provided that "[t]he City, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant." C. Effective January 1, 2001, the City of Santa Ana amended and restated the Plan, renaming it the "City of Santa Ana Flexible Spending Plan." The Plan continues to offer eligible employees "an opportunity to forgo taxable income in exchange for paying for certain health care expenses, dependent care expenses, and premium expenses on a tax -free basis." D. Effective August 1, 2007, the City of Santa Ana amended and restated the Plan, which is substantially similar to the 2001 Plan. Section 2: The City Council of the City of Santa Ana approves the following amendment to the Flexible Spending Plan: A. The amendments set forth in the document titled, "First Amendment to the Plan Document for the City of Santa Ana Flexible Spending Plan," attached to this Resolution. This amendment is in response to the Affordable Care Act of 2010 (the umbrella title for the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act aka "health care reform "). Section 3: The City Council of the City of Santa Ana hereby vests in the City Manager the authority to approve all current amendments, as well as all future amendments to the Flexible Spending Plan. Section 4: The City Council certifies that the City of Santa Ana will comply with applicable Federal, State, and /or local laws, rules, and regulations. Section 5: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Adopted this _ day of , 2011. Miguel Pulido Mayor APPROVED AS TO FORM: City Attorney's Office By: Joseph Straka Interim City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -001 to be the original resolution adopted by the City Council of the City of Santa Ana on 2011. Date: 55B -4 Clerk of the Council City of Santa Ana 2010 HEALTH CARE REFORM PROVISIONS AMENDMENT ARTICLE I PREAMBLE Adoption and effective date of amendment. The Employer adopts this Amendment to the City of Santa Ana Flexible Spending Plan ( "Plan ") to reflect certain provisions of the Affordable Care Act of 2010 (the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act. The sponsor intends this Amendment as good faith compliance with the requirements of these provisions. This Amendment shall be effective on or after the date the Employer elects in Section 2.1 or 2.2 below. 1.2 Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. 1 3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this Amendment refers only to sections within this Amendment, and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment, and does not relate to any Plan article, section or other numbering designations. ARTICLE II ELECTIONS 2.1 Effective Date for Article III. The provisions of Article III, unless otherwise indicated are effective as of December 31, 2010. ARTICLE III MISCELLANEOUS PROVISIONS 3.1 Change in Reimbursement. Effective January 1, 2011, the Plan's definition of "Medical Expenses" under the Health Care Reimbursement Arrangement or Health Flexible Spending Account is amended by the addition of the following: Notwithstanding anything in the Plan to the contrary, a Participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or is not insulin. In addition, only medicine or drugs considered to be prescription drugs under Code Section 106(f) (not "over- the - counter" drugs obtained under prescription) shall be able to be purchased by debit and /or credit cards issued to be used in conjunction with the Plan. "over -the- counter" medicine or drugs, even with a prescription, cannot be purchased by debit and /or credit card. 3.2 Dependent. The Plan's definition of "Dependent" is amended by the addition of the following: "Dependent" shall include any child of a Participant who is covered under an Insurance Contract, as defined in the Contract, [or under the Health Flexible Spending Account] as allowed by reason of the Affordable Care Act. Page 1 of 2 12/2010 55B -5 A Participant's "Child" includes his natural child, stepchild, foster child, adopted child, or a child placed with the Participant for adoption. An Employee's Child will be an eligible Dependent until reaching the limiting age of 26, without regard to student status, marital status, financial dependency or residency status with the Participant or any other person. When the child reaches the applicable limiting age, coverage will end at the end of the calendar year. The phrase "placed for adoption" refers to a child whom the Participant intends to adopt, whether or not the adoption has become final, who has not attained the age of 18 as of the date of such placement for adoption. The term "placed" means the assumption and retention by such Participant of a legal obligation for total or partial support of the child in anticipation of adoption of the child. The child must be available for adoption and the legal process must have commenced. 3.3 Dependent. The Plan's Change in Status provisions are amended by the addition of the following: Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child up to the end of the year in which a child attains age 26, as allowed under Code Sections 105(b) and 106 and IRS Notice 2010 -38, shall qualify as a change in status. This amendment has been executed this day of Name of Employer: City of Santa Ana City Manager Page 2 of 2 L : 6, 1'2/2010 CERTIFICATE OF ADOPTING RESOLUTION The undersigned authorized representative of The City of Santa Ana hereby certifies that the following resolutions were duly adopted by Employer on December 31, 2010, and that such resolutions have not been modified or rescinded as of the date hereof; RESOLVED, that the Amendment to the City of Santa Ana Flexible Spending Plan (the Amendment) is hereby approved and adopted, and that an authorized representative of the Employer is hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment. The undersigned further certifies that attached hereto is a copy of the Amendment approved and adopted in the foregoing resolution. Date: Signed: [print name/title] Page I of I 55B -7 12/2010 SUMMARY OF MATERIAL MODIFICATIONS for the City of Santa Ana Flexible Spending Plan I INTRODUCTION This is a Summary of Material Modifications regarding the City of Santa Ana Flexible Spending Plan ( "Plan "). This is merely a summary of the most important changes to the Plan and information contained in the Summary Plan Description ( "SPD ") previously provided to you. It supplements and amends that SPD so you should retain a copy of this document with your copy of the SPD. If you have any questions, contact the Administrator. If there is any discrepancy between the terms of the Plan, as modified, and this Summary of Material Modifications, the provisions of the Plan will control. II SUMMARY OF CHANGES Medical expenses: Effective January 1, 2011, you may not request reimbursement of "over- the - counter' drugs unless the drug is insulin or the drug is prescribed for you for treatment of a medical condition. You cannot use debit and /or credit cards to purchase "over- the - counter' drugs, even with a prescription. Definition of "child ": Effective January 1, 2011 you may be reimbursed for insurance coverage for medical expenses] for any child until the end of the calendar year in which the child reaches age 26. A child is a natural child, stepchild, foster child, adopted child, or a child placed with you for adoption. If a child gains or regains eligibility due to these new rules, that qualifies as a change in status to change coverage. Page I of 1 10 /10 L : 00�A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: EXTENSION OF VARIANCE NO. 2007 -09 AND MINOR EXCEPTION NO. 2007 -04 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 2230 NORTH TUSTIN AVENUE i� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2007 -09. 2. Adopt a resolution approving the extension of Minor Exception No. 2007 -04. DISCUSSION In March 2008, the City Council approved Variance No. 2007 -09 and Minor Exception No. 2007 -04 to allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and Santa Clara Avenues. The variance allowed a reduction in the landscaped setbacks and parking lot landscaping for the project, while the minor exception approved a reduction in required parking (Exhibit 1). Due to a significant shift in the local, state and national economies over the past three years, the owner of the property, Heinecke Family Trust, has been unable to secure a tenant(s) necessary to begin construction of the building. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the variance and minor exception and is requesting another extension. However, Section 41 -647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of entitlements. The first extension requested by the applicant was approved by the City Council on April 5, 2010 for a one year time period. Although the project has yet to be submitted into building plan check, the applicant has stated that there is some interest in the site. The applicant is hopeful that the economic conditions will improve in the near future and allow construction to commence. As a result, staff recommends that the entitlements for the commercial building be extended by a period of one year to March 2012. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55C -1 Extension of Variance No. 2007 -09 & Minor Exception No. 2007 -04 June 6, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 2�� Jay Vrevino Executive Director Planning and Building Agency VF:rb vf\ reports \va07 -09 &meO7- 4.extension.oc Exhibit: 1. Site Plan 55C -2 �-I�tiy yyyMti -ate EXHIBIT 1 55C -3 i 1 i i 1 � 1 1 N I i l ry w w 1� v J (A V J ^O^ Yom{ ryO w 0 a w rH V J N O u n N I f� C Y 55C -4 ROH — 06/06/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2007 -09 AND MINOR EXCEPTION NO. 2007 -04 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In March, 2008, the City Council approved Variance No. 2007 -09 and Minor Exception No. 2007 -04 to allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and Santa Clara Avenues at 2230 North Tustin Avenue. The variance allows a reduction in the landscaped setbacks and parking lot landscaping for the project, while the minor exception approved a reduction in required parking. B. The first extension requested by the applicant was approved by the City Council on April 5, 2010. Applicant now requests another one year extension of Variance No. 2007 -09 and Minor Exception No. 2007 -04, and staff recommends that the entitlements for the commercial building be extended by a period of one year to March 2012. C. The extension request came before the City Council on June 6, 2011. D. According to the applicant, the project has been delayed due to a significant shift in the local, state, and national economies over the past three years, which has precluded the owner of the property from securing a tenant(s) necessary to begin construction of the building. However, the applicant is hopeful that the economic conditions will improve in the near future and allow construction to commence. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 5505 Resolution No. 2011 -XXX Page 1 of 3 Section 2. Variance No. 2007 -09 and Minor Exception No. 2007 -04 are hereby extended for a period of one (1) year to March 2012. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council Action dated June 6, 2011, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2011 -XXX Page 2 of 3 55C -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 5507 Resolution No. 2011 -XXX Page 3 of 3 55C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: GRANT APPLICATIONS FOR OCTA ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM L CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under the OCTA Environmental Cleanup Tier 1 Grant Program. DISCUSSION The Orange County Transportation Authority is accepting grant applications for the Measure M2 Environmental Cleanup Program. The Measure M2 Tier 1 Grant Program 2011 Call for Projects will allocate $2.8 million Countywide in fiscal year 2011 -12. The program is designed to support projects that help prevent transportation - generated pollution. Projects eligible for funding are those that will filter and prevent litter and debris from entering the City's storm drain system and ultimately in Orange County waterways. Specifically, this program includes funding for upgrades to existing catch basins with Best Management Practices, such as storm water screens, filters, inserts, and other "street- scale" low flow diversion projects. The City will submit five applications requesting $100,000 each to install catch basin screen /filters city wide to reduce /remove trash from urban runoff (Exhibit 1). Each application targets a specific area known to contain land uses that generate high volumes of trash. Collectively, the five applications aim to help reduce pollution in the Upper Newport Bay, Bolsa Chica State Beach and the Santa Ana River. The OCTA Board is scheduled to award the grant funds to the cities in July 2011 and the construction of projects must be completed by June 2012. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 5501-1 Grant Applications For OCTA Environmental Cleanup Tier 1 Grant Program June 6, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. r-- - er Raul Godinez II Executive Direct Public Works Agency RG /JP Exhibit: 1. Map Exhibit: 2. Resolution 55D -2 Catch Basin Filter Analysis Map 2011 i Lj �I` •l � I� (*• C Y • - r ,. . J . t h • - k1l 4 , e , CD 1 3 4 t r' o- 1 ; R � - SANTA ANA P�CITY COUNCIL I AGENDA DATE JUNE 6, 2011 PUBLIC WORKS AGENCY EXHIBIT 1 Jo"TION F� TITLE- GRANT APPLICATIONS FOR OCTA ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM (--' 55D -4 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF PROJECTS TO ORANGE COUNTY TRANSPORTATION AGENCY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Orange County Transportation Agency (OCTA) has authorized Measure M2 Environmental Cleanup Program funding, for projects which help to protect Orange County beaches and waterways from transportation - generated pollution (urban runoff) and improve overall water quality; and B. The OCTA Tier 1 Grant Program will fund the purchase and installation of catch basin screens, filters, inserts and "street- scale" low flow diversion projects, consistent with Best Management Practices; and C. The projects included in the Santa Ana Citywide Catch Basin Screen Installation Project are eligible projects for Measure M2 Environmental Cleanup Program, Tier 1 funding; and D. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds; and E. The City will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual. Section 2: The City Council of the City of Santa Ana authorizes the Executive Director of the Public Works Agency to submit five applications to the OCTA for Measure M2 Environmental Cleanup Program funding in the amount of One Hundred Thousand Dollars ($100,000) each, to complete five catch basin projects to reduce /recover urban runoff. EXHIBIT 2 5501-5 Section 3: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2011. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana M-e i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: PUBLIC HEARING: URBAN WATER MANAGEMENT PLAN < L �k�- CITY MANAGEIR RECOMMENDED ACTION 9.7 Qd�snnon let Adopt the updated 2010 Urban Water Management Plan. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER The City, as an urban water supplier, is required by the Urban Water Management Plan Act (Act) to update and submit a plan to the California Department of Water Resources every five years. City Council adopted the 2005 Urban Water Management Plan (UWMP) on November 7, 2005. In May 2010, the City entered into an agreement with the Municipal Water District of Orange County, (MWDOC), to prepare the updated 2010 UWMP. The City's 2010 UWMP updates and revises the 2005 UWMP and includes an analysis of the following elements of the City's system: ➢ Water Service Area and Facilities ➢ Water Sources and Supplies ➢ Water Use by Customer Type ➢ Water Supply Reliability ➢ Water Shortage Contingency Plan ➢ Water Conservation The plan is complete and copies are available for review in the Clerk of the Council's office, and at the Public Works Counter in City Hall. Staff recommends the adoption of the City's 2010 UWMP. ENVIRONMENTAL IMPACT In accordance with Section 15282 of the CEQA Guidelines, preparation and adoption of urban water management plans are statutorily exempt from further environmental review. 75A -1 Public Hearing: Urban Water Management Plan June 6, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Direct r Public Works Agency RG /SW Attachment: Urban Water Management Plan 75A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: PUBLIC HEARING — RESOLUTION REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE OF THE CITY L k�L, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution revising the metered water rate and sewer service charge of the City effective July 1, 2011. DISCUSSION The City's metered water rate and sewer service charge are adjusted annually as part of the overall City budget process. The proposed increased rates will enhance the City's Capital Improvement Program (CIP) to ensure sufficient water and sewer capacity. With the increased rates to fund the CIP and maintenance programs, the City will continue to reduce the number of leaks and spills. Both water and sewer consumption rates are based on 100 cubic foot (CCF) units of measurement (approximately 748 gallons). The water rate has two tiers. The Base Rate includes consumption up to 44 CCF during a bimonthly billing period. The typical single - family residential customer consumes approximately 40 CCF during a bimonthly billing period. The Tail Block Rate is charged for all water consumed above the Base Rate allocation. The sewer service charge is a flat charge based on metered water consumption at a premise. The current water Base Rate of $2.673 per CCF is proposed to increase to $2.727. The Tail Block Rate is proposed to increase from $3.097 to $3.154 per CCF. The Sewer Service Charge is proposed to increase from $0.338 to $0.345 per CCF. This equates to a 2% increase in each of the respective rates. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. 75B -1 Public Hearing — Resolution Revising the Metered Water Rate and Sewer Service Charge of the City June 6, 2011 Page 2 FISCAL IMPACT The water Base Rate increase of $0.0537 per CCF will add $1.07 to the typical single family monthly water bill of 20 CCF. The typical monthly sewer bill will increase by $0.14. r Raul Godinez II Executive Direct Public Works Agency Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 Jxs4/05/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REVISING THE METERED WATER RATE AND SEWER SERVICE CHARGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Santa Ana Municipal Code, Chapter 39, Article II regulates connection to water mains within the City. 1. Pursuant to Santa Ana Municipal Code section 39.21 the City Council shall set metered water rates by resolution. 2. The metered water rate shall be set to maintain a potable water supply and provide standby readiness. 3. It is necessary to increase the metered water rate to reimburse the City for increased costs of repair, replacement, and maintenance of the water system and facilities, including increased materials, labor and overhead costs and water capital improvement program costs. B. Santa Ana Municipal Code, Chapter 39, Article III regulates connection to sewer mains within the City. 1. Pursuant to Santa Ana Municipal Code section 39.55.4 the City Council shall set reasonable sewerage service fees by resolution. Said fee shall be used to operate, maintain, repair and replace the City owned sewer system and facilities. 2. It is necessary to increase the sewer service charge to reimburse the City for increased costs of repair, replacement and maintenance of the sewer system and facilities, including increased materials, labor and overhead costs and sewer capital improvement program costs. 3. The rate increase will be placed into a fund that will be used only to repair and replace sewer mains and laterals located within the street right of way, and which have outlived their useful life and provide preventive EXHIBIT 1 75B-3 Resolution No. 2011 -XXX Page 1 of 3 maintenance and operation of the sewer collection system. No moneys from this fund would be placed in the city's general fund. 4. There is a reasonable relationship between the imposition of the fee imposed in that the use of the sewer creates an impact on its condition, requiring its maintenance, repair and replacement. C. On June 6, 2011, the City Council of the City of Santa Ana held a noticed public hearing to review the proposed metered water rate and sewer rate increases. D. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Metered Water Rate is hereby set as follows: Water Usage Charge — water consumption charge based on units of one - Hundred cubic feet (750 gallons) 0 — 44 ccf (units) $2.727 Over 45 ccf (units) $3.154 Multifamily Dwelling 0 -44 ccf of water per dwelling unit $2.727 Over 45 ccf per dwelling unit $3.154 Section 3: The Sanitary Sewer Charge is hereby set as follows: Sewer Service Charge Per unit of water $0.345 Bi- monthly flat charge (un- metered) $13.80 Section 4: If any charge, fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: The increased metered water rate and sanitary sewer fees shall be operative from and after July 1, 2011. Ordinance No. NS -XXX A Page 2 of 3 _ 4 ADOPTED this day of June, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 7C�_C Resolution No. 2011 -XXX J J Page 3 of 3 "T! Af' Alice J. Center Carole Reeves 1638 E. 15th Street Santa Ana, CA 92701 Office of the Clerk of the Council Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed increase in Water and Sewer fees and charges Dear Sirs: April 25, 2011 I am writing to protest to any increase in the Water and Sewer fees and charges. The money I pay to this is already beyond what I can afford! It is not possible to continue paying these high rates. I am 93 years old and trying to stay in my home with my daughter. These prices are running us out of house and home. Please do not raise the cost of these services. Thank you. Sincerely, Alice J. Center r Carole Reeves April 26, 2011 Office of the Clerk Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 re: proposed water usage increase in charge To Whom It May Concern, Eileen M. Lovett 1461 Longmont Place Santa Ana, CA 92705 I am in receipt of your letter outlining the proposed changes to our water usage charges. I am writing in protest of this proposal and wish this letter to be entered into the minutes. I also want this letter forwarded to the City Council members so they may take it under consideration as they review all public comments. Proposing increases to citizens who have been struggling financially for the last three years is reprehensible. After suffering job losses and possibly even foreclosures of their homes, increasing a basic human necessity such as water is a cruel blow. Surely the benefits package of employees can better absorb these costs than can the average American, let alone those on fixed incomes, reduced incomes or no incomes at all. Additionally, there are no variances allowed for citizens who have pools, large animals (such as horses) or larger lot sizes. The "typical monthly water bill of 20 units..." is not at all typical for the area in which I live and where the water consumption is greater due to the size of the properties and their amenities. Cumulatively over the course of a year, these increases may impact many residents negatively. Please vote against this proposal. Water is a basic necessity and increasing its price is too heavy a price for cash - strapped Americans to pay. Sincerely, Eileen M. Lovett 75B -7 April 28, 2011 RE: 1522 N. Sycamore St, #A -D Santa Ana, CA 90701 Water and Sewer Charge Increase To Whom It May Concern: 77i f V1, , I' - 3 iii' 10= 0 7 -d I I protest to the increase of water & sewer charges. Our water bill has already been increased tremendously since last year, due to the drought and; yet, rent rates went down due to high vacancy. Thank you. Best regards, Pai -tze Chung Property Owner •7 May 1, 2011 c 5 Santa Ana City Council 20 Civic Center Plaza Santa Ana, CA 92701 To Whom it May Concern: I'd like to propose to you that you do the opposite of what you're attempting to do with this increase; that is, institute a reduction in the water and sewer charges by the amounts you've listed on your notice. The council instituted an uncalled for increase last year, so at the very least, if a reduction is not feasible, I propose that you freeze and continue to freeze for a period of three years, the current rates. Government entities at all levels have their hands in the pockets of the citizenry at ever - increasing intervals and depths. Wanton spending by these entities must stop now. If you need money, look to your own operations and cut out all non - essential spending; for instance, you sent me two notices: on one was your notice printed in English and Spanish, and on another was your notice printed in English and Vietnamese. First, you could save the one sheet, second, you can stop printing ALL governmental notices in any language but English. On each notice you can put a sentence in however many languages you wish pointing the non - English speaking people to the appropriate website link, and a note suggesting that they have a friend translate the letter for them if they do not have a computer available. If something is important, they'll get it translated. Spending money to print things in different languages is absurd. I'm sure there are thousands of other areas where you wise people could save the city untold amounts of money. I suggest you look into it, and stop looking into my wallet. Rega s, Kurt Volmer 2328 Valencia Ave Santa Ana, CA 92706 �� aDNII HAY -9 PH 3: 31 'CIL CLER.1i c., 1 1 j-); Uli t, � -n - -'I*, -lklik /"?% - CUY,,Z, k.Acl� C,-k 40D C) C/ II 1 4' U � r-6) -/ ; d c " c:--, 660 UJ 0 31%t 5 6 SG. --t � ",- , -\ 1-e b6 CA- 4 Y- 0- -e- l,- ; � (-k � (, , " 5 1- , I / . I- / v c ,,- -,/ I I , 75B -11 iI A May 19, 2011 City of Santa Ana Municipal Utility Services 20 Civic Center Plaza Santa Ana, CA 92702 Subject: City Water and Sewer service proposed increase Evelyn P. Bell 1266 -D E. McFadden Ave Santa Ana, CA 92705 Home: (714) 541 -9143 Work (714) 567 -7569 On behalf of San Souci Homeowner Association, I am writing to protests the proposed increase for city water and sewer service. San Souci Condominiums (One hundred units) 1301 -1325 S. Standard Ave 1250 -1272 E. McFadden Ave I am a long time residence of the same address for over 35 years. My address is 1266 -D E. McFadden Ave, Santa Ana. I am presently on the board of directors for San Souci Homeowner Association. We just recently had an increase in our association dues do to loss monies because of the current economy. Our water bill take up a major part of money we receive each month. I plan on appear at the hearing on this matter on June 6, 2011 at 6:00. Sincerely -� Evelyn P. Bell 75B -12 May 24, 2011 To: The Office of the Clerk of the Council Santa Ana City Hall, 20 Civic Center Plaza Santa Ana, California 92701 From: Won Cha CDHF Management, Inc. 314 W. 4th Street Santa Ana California 92701 -4503 Subject: Written Protest against Proposed rate increase for Water Usage charge and Sanitary Sewer Charge Please consider this letter as an official written protest for the proposed adjustments in water and sewer rate for the City of Santa Ana. Sincerely, Won Cha 75B -13 75B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: PUBLIC HEARING - FISCAL YEAR 2011 -12 CITY BUDGET i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2011. 2. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2011 -12 fiscal year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. In addition, this budget emphasizes four City Council focused priorities: enhance public safety, improve transportation infrastructure, address minor deferred maintenance projects in parks, and continues established strategies to move the City to long -term financial stability. As a result of uncertainty at the State level, the global financial crisis and the current economic impact on local and state resources, developing strategies for long -term financial stability has become even more important. The proposed budget maintains core programs and services to the extent possible. The total annual proposed budget for fiscal year 2011 -12 is $459,361,890 which includes a capital projects budget of $25.4 million, primarily funded through grants; refuse, sewer, water, sanitation, parking meter and regional transportation center budgets totaling $92 million; a housing assistance budget of $39.2 million; a redevelopment agency budget of $50.6 million; special revenue and grant funds amounting $42.1 million and a general fund budget of $210 million. In an effort to protect critical front -line services provided to the public, the proposed budget integrates various revenue raising and expenditure reduction strategies which include, the use of 75C -1 Public Hearing - Fiscal Year 2011 -12 City Budget June 6, 2011 Page 2 one -time revenue transfers into the General Fund, elimination of vacant funded positions, continuation of the hiring freeze, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. With regard to workforce changes, a net total of 3 positions which are currently vacant will be deleted from the budget. The elimination of these positions is part of the City's budget reduction strategy. The proposed resolution amends prior resolutions by adding classification titles and 6- step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations. FISCAL IMPACT With approval of the proposed budget, $459,361,890 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of that amount $210,013,205 will be appropriated to the various general fund operating departments, including redevelopment agency pass - throughs of $2,800,000. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75C -2 Iss05/25/11 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2011, together with his budget letter dated May 16, 2011. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the annual budget of the City for the fiscal year commencing July 1, 2011, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "City of Santa Ana Annual Budget 2011- 2012," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2011 -2012, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Approved Budget 11 -12." Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City 75C -3 for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2011. SECTION 8: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 9: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative 75C -4 organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2011. APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C -5 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2011 -2012, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75C -6 Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly six -step salary rate ranges indicated: Classification Title Liability Claims Coordinator (UC) Loss Control Office Specialist (UC) Outreach Program Coordinator (UC) 6 -Steo Salary Rate Ranae (AA -E) Effective 7/1/11 SRR Monthly Salary Minimum - Maximum 695 $6200 -$7913 585 $3622 -$4624 689 $6021 -$7685 B. Adding, in alphabetical sequence, the following full time classification titles at the monthly seven -step salary rate ranges indicated: Classification Title 7 -Step Salary Rate Range (AAA -E) Effective 7/1 /11 SRR Monthly Salary Minimum - Maximum Engineering Aide 595 $3803 - $5101 C. Adding, in alphabetical sequence, the following full time classification title at the monthly six -step salary rate range indicated: Classification Title 6 -Step Salary Rate Range (AA -E) Effective 7/1/11 SRR Monthly Salary Minimum - Maximum Risk Management Technician (UC) 614 $4173 - $5330 D. Designating the newly created classification title of Risk Management Technician as Unaffiliated Confidential by assigning the parenthetical identifier "(UC)" after this classification title. Section 3: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non -Civil Service Part Time Emplovment of Resolution No. 82 -110, as amended, be further amended by deleting the following vacant and obsolete unaffiliated part time classification titles assigned to the five hourly wage rates set forth below: Classification Title Hourly Wage Rates Effective 7/1/11 Step A Step B Step C Step D Step E Animal Services Coordinator $51.56 $54.21 $56.87 $59.70 $62.66 Animal Services Outreach Coordinator $23.96 $25.16 $26.42 $27.75 $29.13 Section 4: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: 75C -7 A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seventeen -step salary rate ranges indicated: Classification Title 17 -Step Salary Rate Range Effective 7/1/11 SRR Monthly Salary Minimum - Maximum Benefits and Compensation Manager (MM) MM -18 $7106 - $10598 Community Affairs Manager (MM) MM -18 $7106 - $10598 Park and Landscape Design Manager (MM) MM -17 $6932 - $10292 Personnel Operations Manager (MM) MM -22 $7844 - $11643 Recreation Superintendent (MM) MM -17 $6932 - $10292 B. Providing a salary adjustment to the following full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title Accounting Manager (MM) 17 -Step Salary Rate Range Effective 7/1/11 FROM TO SRR Min -Max SRR Min -Max MM -26 $8658 - $12850 MM -25 $8447 - $12539 Section 5: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly five -step salary rate ranges indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/11 SRR Monthly Salary Minimum - Maximum Assistant Library Director (AM) AM723 $7107 - $8641 Library Outreach Manager (AM) AM723 $7107 - $8641 Section 6: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 7: This Resolution shall be operative from and after July 1, 2011. ADOPTED this 6th day of June, 2011. Miguel A. Pulido Mayor 75C -8 APPROVED AS TO FORM: City Attorney's Office By: Joseph Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on June 6, 2011. Date: 75C -9 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: FISCAL YEAR 2011 -12 MISCELLANEOUS FEE RESOLUTION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the 2011 -12 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees generate revenue for the General, Internal and Enterprise Funds. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect the costs of providing these services. The FY 2011 -12 Miscellaneous Fee Resolution represents these adjustments. The FY 2011 -2012 Miscellaneous Fee Schedule includes the establishment of two new fees which are the Fire Department paramedic standby fee for special events and the Police Jail facility inmate cash card fee. In addition, the fee schedule includes adjustments to five existing fees. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $1.3 million in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75C -10 Iss05/25/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2011 -2012 AND REPEALING IN PART RESOLUTION NO. 2010 -023 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2011- 2012 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2011- 2012, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 1.1 %, so that certain proposed fees for Fiscal Year 2011 -2012 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2010 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 1.1% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 1.1% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. 75C -11 Resolution No. 2011 -XXX Page 1 of 4 F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 1.1%. Such charges are listed in the `Proposed New Miscellaneous Fees' and `Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2011 - 2012, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. As to the City's Special Event Paramedic Standby Fee, the Council further finds, determines and declares: 1. This fee will be recovered from those persons requesting that the Santa Ana Fire Department make a paramedic unit available for the duration of a special event held at the City's parks, Stadium or public venues and for which a Special Event Permit requirement includes the availability of medical aid and transport. 2. This fee will be applied to reimburse the City for the staff time and administrative costs to assist with paramedic standby requests. I. As to the City's Inmate Cash Card Fee, the Council further finds, determines and declares: 1. This fee will be collected from Santa Ana Jail inmates who, upon release from jail, request that their commissary account be returned via a Cash (debit ) Card rather than a City issued check. 2. This fee will be applied to reimburse the City for the actual banking cost associated with the issuance of such a card and will be deducted from the balance remaining in the inmate's commissary account. J. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. K. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. 75C -1 Resolution No. 2011 -XXX Page 2 of 4 Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2011 -2012 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2010 -023 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2010 -023 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2011. ADOPTED this day of June, 2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2011 -XXX 75C -13 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2011 -XXX to be the original City of Santa Ana on Date: do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 75C -14 Resolution No. 2011 -XXX Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2011 -01, GENERAL PLAN AMENDMENT NO. 2011 -02 AND VARIANCE NO. 2011-06 FOR A NEW MEDICAL OFFICE BUILDING AT 1306 -1312 WEST SANTA ANA BOULEVARD — KEVIN COLEMAN, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2011 -01. 2. Adopt a resolution approving General Plan Amendment No. 2011 -02. 3. Adopt a resolution approving Variance No. 2011 -06 as conditioned. PLANNING COMMISSION ACTION On May 9, 2011, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2011 -01; adopt a resolution approving General Plan Amendment No. 2011 -02; and adopt a resolution approving Variance No. 2011 -06 as conditioned by a vote of 7:0 to change the zoning and general plan designations of property at 1312 West Santa Ana Boulevard and a variance from setback standards in order to allow construction of a new medical office building at 1306 -1312 West Santa Ana Boulevard. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. - N--�2 Jay—M. Trevino Executive Director Planning & Building Agency VF:rb vflreports\AA11 -01GPA11 -02VA11 -06 1306 SA Blvd= 7501-1 75D -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2011 TITLE: PUBLIC HEARING — AMENDMENT APPLICATION NO. 2011 -01, GENERAL PLAN AMENDMENT NO. 2011 -02 AND VARIANCE NO. 2011 -06 FOR A NEW MEDICAL OFFICE BUILDING AT 1306 -1312 WEST SANTA ANA BOULEVARD Prepared by Vince Fregoso LWA Executive Direct r RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager 1. Adopt an ordinance approving Amendment Application No. 2011 -01. 2. Adopt a resolution approving General Plan Amendment No. 2011 -02. 3. Adopt a resolution approving Variance No. 2011 -06 as conditioned. DISCUSSION Request of the Applicant Kevin Coleman, representing Raul Torres- Marfin, is requesting approval of an amendment application, general plan amendment and variance in order to allow the construction of a new medical and professional office building. Specifically, the applicant is requesting approval to redesignate the zoning and general plan land use designations of one of the six parcels that comprise the development site from residential to commercial. Additionally, the applicant is requesting approval of a variance from Sections 41 -368 of the Santa Ana Municipal Code (SAMC) to reduce the required 15 foot landscaped setback along Bristol Street and Santa Ana Boulevard. Project Location and Site Description The subject site consists of six properties located at 1302 -1312 West Santa Ana Boulevard and 304 and 306 North Bristol Street. The parcels, to be merged via a voluntary lot merger, will total approximately 0.64 acres in size and will result in an irregularly shaped parcel. The two easternmost properties fronting Bristol Street are seven foot wide strips of land that will be remnant parcels from the Bristol Street Widening project. The project site is currently vacant, with the exception of 1302 West Santa Ana Boulevard, which contains the two -story Bristol Pharmacy and medical clinic uses. Exhibit A 7501-3 3 AA No. 2011 -01, GPA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 2 The property has street frontage on Santa Ana Boulevard, Bristol Street and Third Street. The site is surrounded by commercial uses to the north, south and east, and single - family and multiple - family residential uses to the west (Exhibits 1 and 2). Project Description The project involves the construction of a new medical and professional office building to replace a building to be demolished to facilitate the widening of Bristol Street. The proposed building will be a two -story, 8,415 square foot structure that will be located on the northeast section of the site. The first floor of the building, encompassing 5,488 square feet, will be primarily occupied by the medical practice that is currently found in building that will be demolished. The second floor, totaling 2,927 square feet, will be available for lease to professional office uses. Once completed, the project will convey a sense of quality that is appropriate for a medical/professional office use and satisfies the design standards set forth in the Urban Design Element and the Citywide Design Guidelines (Exhibits 3, 4, 5 and 6). An art deco building design has been proposed by the developer that will reflect design elements of the building to be demolished. Elements such as a smooth plaster finish, brushed aluminum eyebrow canopies, glass block windows, and brushed aluminum door and window systems will be utilized throughout the project. Signage, to be submitted as separate submittal, will also be reflective of the art deco theme of the building. Access to the project will be provided from both Santa Ana Boulevard and Third Street. The parking requirement for medical office buildings is six spaces per 1,000 square feet of building (Section 41- 1346) and three spaces per 1,000 square feet for a professional office use (Section 41- 1342). A total of 40 parking spaces will be provided on -site which is in compliance with the code. Project Background The existing medical building, located at 1302 West Santa Ana Boulevard, was constructed in 1947. Since its construction, the building has been occupied by several doctors and the Bristol Drugs pharmacy. At the time of its construction the building complied with all development standards then in place. In 1991, the City adopted the Bristol Street Corridor Specific Plan, which provided the framework for future redevelopment, and widening, of Bristol Street. Due to the proposed widening of Bristol Street from four to six lanes, the properties at 304 and 306 North Bristol Street and 1302 West Santa Ana Boulevard were designated as 'full take" properties and were acquired by the City in 2008. The City has since sold the unneeded remnant parcels back to the applicant, who has integrated the additional seven foot wide strip of land into the design of the project. 75D -4 AA No. 2011 -01, G PA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 3 General Plan and Zonina Analvsis The subject site has two different General Plan land use designations. Five of the parcels have a General Commercial (GC) designation, which allows for commercial and office uses such as the proposed medical and professional office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along the City's arterials as well as provide support facilities and services, including medical office, restaurants and various other services. The westernmost parcel, located at 1312 West Santa Ana Boulevard, has a General Plan land use designation of Low Density Residential (LR). The approval of the general plan amendment will make the project consistent with the General Commercial General Plan land use designation (Exhibit 7). In addition to the discrepancy in the land use designation, the subject site also contains three different zoning designations. The properties at 1306 and 1308 West Santa Ana Boulevard have a C2 designation, which is a general commercial zone that allows for commercial and office uses, such as the proposed medical office building. The proposed use is consistent with this zoning. The three parcels with Bristol Street frontage (304 and 306 North Bristol Street and 1302 West Santa Ana Boulevard) have a zoning designation of SP -1, which is not consistent with the proposed use. This designation allows the properties to be used as a linear park. The westernmost property at 1312 West Santa Ana Boulevard has a zoning designation of Single - Family Residential (R -1), which allows one - family residential dwellings. This designation is also not consistent with the proposed use. The approval of the amendment application will make the project consistent with the zoning designation thereby allowing for the integrated use of the site (Exhibit 8). Proiect Analvsis General Plan Amendment The applicant is proposing to construct a new medical and professional office building on a site that will allow him the ability to serve the clientele the medical clinic has developed over the past 20 years. In order to facilitate the project, a general plan amendment for the parcel located at 1312 West Santa Ana Boulevard is needed. Currently, the existing Low Density Residential (LR) General Plan land use designation prohibits the use of the westernmost parcel as a parking lot for the medical and professional office uses. To allow the project to proceed, a general plan amendment to General Commercial (GC) is requested. The general plan amendment will allow the project to proceed and will assist in supporting numerous goals and objectives of the Land Use Element of the General Plan. First, the project will assist in promoting a balance of land uses that address community needs, as the residences in the area will continue to be served by a medical clinic that has been serving the local community for over 60 years. Second, the project will promote land uses, such as professional and medical office uses, that will 75D -5 AA No. 2011 -01, GPA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 4 enhance the economic and fiscal viability of the City through an increase in property and sales tax. Finally, the project will preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site (Exhibit 9). Amendment Application The proposed building site is located within three different zoning districts which do not allow the proposed office building. As a result, an amendment application (zone change) is needed to change the zoning of four of the properties from Single - Family Residence (R -1) and Bristol Street Specific Plan (SP -1) to General Commercial (GC) to facilitate construction on the site. The R1 zoning of the property on Santa Ana Boulevard is intended to facilitate the construction of a single - family residence on the parcel. Although a house was constructed on the site in 1920, the property had been utilized for commercial purposes since 1955 and was fully and legally converted to a commercial use by 1967. The three parcels fronting Bristol Street were redesignated in 1991 from commercial to SP -1. A concept of the adopted Bristol Street Plan was to utilize the majority of the smaller remnant parcels, including these parcels, as a linear park. However, the plan did not take into account ownership of properties adjacent to the SP -1 zoned properties. The applicant now owns the three parcels along Santa Ana Boulevard and desires to replace the building that will be demolished. Given a need to maintain a medical clinic use that is easily accessible and walkable from the surrounding residential developments, a zone change is a viable option for the site. The redesignation of the four parcels to C2 will be consistent with the use of the property and will facilitate the replacement of a building that will be demolished for the Bristol Street Widening project. Although the rezoning of the properties will remove the project from the Bristol Street Corridor Specific Plan, the proposed project will be consistent with several objectives of the Plan, including locating commercial land uses near the intersections with major cross streets, encouraging commercial activity along the corridor as a means of generating revenues for the City, upgrading the development character of the area, encouraging the rehabilitation of as many businesses as possible and encouraging local neighborhood servicing commercial uses adjacent to residential areas. Finally, as discussed earlier, the proposed project will meet the goals and policies established by the City's General Plan Land Use Element. Variance Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 75D -6 AA No. 2011 -01, GPA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 5 • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Regarding this project, Section 41 -683 of the Santa Ana Municipal Code (SAMC) states that buildings in the C2 zone requires a 15 foot (Section 41 -368) front and side yard landscaped setback if the yard abuts a public street, as it does in this case. As proposed, the building will have a five foot setback along Santa Ana Boulevard and a 12 foot setback along Bristol Street. Further, the parking lot abutting Bristol Street will have a five foot setback. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from the code discussed above. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Also, due to the "L" shape of the lot, the reduced setback will improve circulation and access at the rear of the site. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the front and side yard setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 75D -7 AA No. 2011 -01, GPA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 6 Finally, the project will not adversely affect the general plan as the proposed medical and professional office uses are permitted uses in the General Commercial land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. Public Notification The project site is located within the Artesia Pilar Neighborhood Association and just west of the Flower Park Neighborhood Association. Staff and the applicant attended and made presentations to both neighborhood associations in April 2011. At the conclusion of the meetings, both associations were supportive of the proposed project. The contacts of the Neighborhood Associations were notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009 -187 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2011 -01, General Plan Amend ent No. 2011 -02 and Variance No. 2011 -06 as conditioned. Vince Frego o, AIC Principal Planner VF:jm vllreportsWA11- 01GPA11- 02VA11 -06 1306 SA BIvd.050911.pc AA No. 2011 -01, GPA No. 2011 -02, & VA No. 2011 -06 May 9, 2011 Page 7 Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Building Elevations Exhibit 6 — Landscape Plan Exhibit 7 — Zoning Map Exhibit 8 — General Plan Map Exhibit 9 — Revised Land Use Element 75D -9 R1 Rl @ R1 N Rl 11 R1 d R1 R1 0 R1 a_ -.- - TR2 R2 �R2 R1 Rl RI y M1 R1 R1 RI Rl .,, I S' RI J R1 R1 R1 v n sxn R1 Rl sP -1 T�n k p R1 Ml R2 R1 R2 R2 I FIRST 4 R2 R2 ` C2 � C2 I Cl SP�1 R1 R1 RI R r ±_ R7 R1 c RI R1 NR2 RI R1 R1 R1 Rl Al a � ca. � SD -20 SD-20 1 SD -20 RI o X GC LL R1 P © so -ss P 9 P ' P sass 50-55 P P 0 P P so-ls n a ST. C1 C1 C2 R2 R2 R2 Al Im � - am, i 101, OOMMffU4LR ®DR4TM 11, 9NaEFAMLYFUIDDIriAL r ±_ R7 R1 c RI R1 NR2 RI R1 R1 R1 Rl Al a � ca. � SD -20 SD-20 1 SD -20 RI o X GC LL R1 P © so -ss P 9 P ' P sass 50-55 P P 0 P P so-ls n a ST. C1 C1 C2 R2 R2 R2 Al GMEWAMULRMLY CR OOMMffU4LR ®DR4TM RI 9NaEFAMLYFUIDDIriAL 48 RIRWGMOOIFICATION GC Gl�8a(� R2 TW0PAMILYRE9DB4CE C-W OOMM 0kSWM MAN M1 UGHTINDUSTRAI- Ri ML- TIFLEDENEIMMULTIFLE Ct Cl-MD OOMMUNIIYOOMMauk OOMM. OOMMBi7N/M NDISIRCT M2 MO HEAWNDUSTRAL MILTTAWOPEFATI NS FAMILYFESDWE C2 (BJ KOOMM80AL 0 Ri 3J811{BANAFpWMffM Gi CUMALBUSNESS OFENff C= FE FESDEN ALEMTE C -A CNdT 40LISNESSAWWMLLA(E P PCD FRXESSQ'IAL RArN®CUMMLNRYoBfiLa Da SE) WMFICDE/jjOFMENF 93BIRCRAN C4 RANNEDSiOFAINGC} IM Pia RAPNEDFQ30&MALDVAl-"ENT C5 ARrOWOOMM OAL AA 11 -1 /G PA 11 -2NA 11 -6 _ TORRES MEDICAL BUILDING 1306 -1312 WEST SANTA ANA BOULEVARD - - _WO ,� 1' = 1000 FE f 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 EXHIBIT 1 VICINITY MAP 75D -10 I SIXTH S ngle Fa i I y M.R. Re iden e C o m e r c i a l Indust. Comm. FIFTH Sin le Fami Rd s a ce I— w W Cr Ln N c w a ul w of w w m F— SANTA ANA E u 0 0 V V E E E Si gl a Family E o es cl nc v THIRD Sir Comma— c F de i m ri c icial g Sing Re e id a n ily e Sin le Fami Rd s a ce I— w W Cr Ln N c w a ul w of w w m F— SANTA ANA E u 0 0 V V E E E Si gl a Family E o es cl nc v THIRD Sir g i c F de i m ri c I g E E o Res Re id I-M S Coi V Sing le Fa it co u E Resi C en e rcia1 E — 0 i cc V � V SECOND J t/1 m Ii i < < STREET STREET C 5 rr e ly c i V Re id I-M S Coi m. - co m. I 0 C J t/1 m Ii i < < STREET STREET C o m rr e r c i A I 31 S F. esidenc - co m. I 0 C rn rcia1 i cc V BOULEVARD Commerc E E Si al F Com erci 31 esidenc 0 Ln cc V T-M is Co m. S.F.R. LL N � STREET [J- ,,R.t,�T1 AA 11 -1 /GPA 11 -2NA 11 -6 TORRES MEDICAL BUILDING 1306 -1312 WEST SANTA ANA BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75D -11 E E Si gle F mily esidenc 0 v V Co m. S.F.R. [J- ,,R.t,�T1 AA 11 -1 /GPA 11 -2NA 11 -6 TORRES MEDICAL BUILDING 1306 -1312 WEST SANTA ANA BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75D -11 $ ° o* w u muudo jeep �.ou Yo PM9 BW eaves / loa�Y9 a Onna7ine 7VOIa3w H S3MMol� lit I la A F� SIR. @ ®: I g���� arRg I 01 It OElHElE EE- IO DEU- EL7D0, EEOF[TF1M® T m m Ci (N ME E [fl O D LJ g4�46 7 � Qff 11 Jill N o' m' a� a, a� 3l OW go Y c lit Jill hill ffil I Y � �S4g - -- - - — — — - - - -- EXHIBIT 3 75D -12 E e _ 8 dYJ ~ryepi Wes 1019M p A lip a6ti�r `I g AA aa 9 k 6 9 ru•n��A�.u.... I I I 00 01.udolawap OU JNta7KlA woman �d � x js #o-.•k- -a ±rr� rf ,- n�t..�ci n.v i� t.sj� -.i }--� —$ tv tq� a'?Tv -��} i 996fdo1 r.Rt 0 E � kg 3� Nile oBBE1-1 oE r s � g , — — tU .. -_. � -. � � _�_ A.'.. .-• _�__ f .- � -- YS }t j � -.G �J� ".ifiii�' J•" �,p� F.h - I� -aL j_ ' ^ __ - 1 _.O ' N' .. ___ 1 • > { � .'��Y1 J -VII .. i.- { �. _— _ —__ - -- - t4 - I o o � I i I a t ' I tY.C�IJ .•A - -� , yY. -..RIX t -J•.• Y.4G `} { I I I — +.': I I I I o\b O I O t o I O I I ! I I 75D- rT3OI` I I I I awl x js #o-.•k- -a ±rr� rf ,- n�t..�ci n.v i� t.sj� -.i }--� —$ tv tq� a'?Tv -��} i I g , — — tU .. -_. � -. � � _�_ A.'.. .-• _�__ f .- � -- YS }t j � -.G �J� ".ifiii�' J•" �,p� F.h - I� -aL j_ ' ^ __ - 1 _.O ' N' .. ___ 1 • > { � .'��Y1 J -VII .. i.- { �. _— _ —__ - -- - t4 - I o o � I i I a t ' I tY.C�IJ .•A - -� , yY. -..RIX t -J•.• Y.4G `} { I I I — +.': I I I I o\b O I O t o I O I I ! I I 75D- rT3OI` YD °"I eil%v�' a y4 4 ?f Y [U POW aw owes / I` ups C � CIt � Q oa uewdolenapi4 �,eu S38MOl ii i W oa000ua T 7� ' I{ �i. t ' I J a \ I � -�- i I I� •P I i � I I 76MOU R I { 0 AZ I 1 I i I I Q i I I i 1 I I 1 ! I _ �t i 76MOU ' l I _.. ..____� . �.. . O W y R S 8@ 0 ' l I _.. ..____� . �.. . O W y SAN :1-€ oo:gueumdolo^op •u vo Vw RJUDS PAIS WIV VJUVS / 1019M vNiowns woician O s3hfdol o ���� mai O NOWN Jim .1 ON. LU HIS 11 T I F I Ff—t U) J-u al � j I j s- OsEll-los 7 5 IN 0 0 pe O i'llll o ���� O NOWN Jim .1 ON. 7 5 IN 0 0 pe O lu lu ---I --I tp O O ti +fir - jM /� ANvallioo .IxEWO'laAaa .iax mym VJ 'YNV vlwos aA7w vxv vLpm 9 ia7Sm ONILIM" IDMCmng gvoicmq sauuc .L Oil I M EXHIBIT 6 75D -16 SANTA ANA THIRD 1•- W W I` un J (/1 m C o m m e r c i a l E Single F rn ly °C E Reside Q Ln n c E S F. o u Comm . v Single Family E Comm. R e s i d e n c e E c.n � o v 1•- W W I` un J (/1 m C o m m e r c i a l Commercial o e s Comm. n c e Q Ln V S F. u Comm . S.F.R. CC Comm. °C BOULEVARD STREET Si ngle Family Commercial o e s Comm. n c e g Ln V LL Comm. S.F.R. CC Comm. °C c.n N STREET AA 11 -1 TORRES MEDICAL BUILDING 1312 WEST SANTA ANA BOULEVARD 304 -306 NORTH BRISTOL STREET 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 ZONING MAP EXHIBIT 7 75D -17 Si ngle Family o e s i d e n c e g Ln V Comm. S.F.R. AA 11 -1 TORRES MEDICAL BUILDING 1312 WEST SANTA ANA BOULEVARD 304 -306 NORTH BRISTOL STREET 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 ZONING MAP EXHIBIT 7 75D -17 SANTA ANA THIRD Si gl F m ly M E o Residence S.F.R. o ,i i d e n c V Sing H l e Fa ily E L Residence Comm. S.F.R. Comm. N E °C u. E LZ Single o Family °C E o Ftesiclenc2 U U V THIRD Si gl F m ly l E o Residence o ,i i d e n c V Sing H l e Fa ily E a Residence Comm. S.F.R. Comm. Comm. 0 °C u. LZ � o L U I— W W tr V) J m C o m rn e r c i a l m m. o ,i i d e n c Q H U S F. a Comm. Comm. S.F.R. Comm. Comm. °C u. LZ BOULEVARD Commerc Single al Family Co m m. o ,i i d e n c H U N Comm. S.F.R. Comm. °C u. LZ L STREET G PA 11 -2 TORRES MEDICAL BUILDING /� �- r�l 1312 WEST SANTA ANA BOULEVARD 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 GENERAL PLAN MAP EXHIBIT8 75D -18 Single Family o e s i d e n c H U Comm. S.F.R. G PA 11 -2 TORRES MEDICAL BUILDING /� �- r�l 1312 WEST SANTA ANA BOULEVARD 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 GENERAL PLAN MAP EXHIBIT8 75D -18 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division r� Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this docnment since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (G PA 1997 -05): GPA 2011- 021oenrnnal GPA 2010- 01 (June 7, 2010) GPA 2006-01 (October 2, 2006) GPA 2006.01 (Oacember 5, 2005) GPA2003- 01 (Feb(uery18,2003) GPA 2002 -01 (September 3, 2002) GPA 200&02(Norember20,2000) GPA 199942 (October 18, 1999) GPA 2006-02 (July 20, 2009) GPA 2007 -03 (May 18, 2009) GPA 200'x02 (October 17, 2005) GPA 200401 (April 5, 2005, as passed by GPA 2002 -03 (August 19, 2002) GPA 2001 -03 (February 19, 2002) GPA 1999 -01 (August 16, 1999) GPA 199 6-04 (October 5,1998) GPA 2004-03 (February 2, 2009) GPA 2006 -01 (May S. 2008) the voters of Santa Ana) GPA 2004 -04 (July 19, 2004) GPA 2001 -02 (January 7, 2002) GPA 2000-0g (May 7, 2001) GPA 199&05 (September 21, 1998) GPA 199 GPA 2007 -02 (June 18, 2007) GPA 200406 (July 6, 2004) GPA 2000-08 (February 5, 2001) 3-01 (May 4, 1996) GPA 2007-01 (March 19, 2007) GPA 2003-02 (June 16, 2003) GPA 2000-03 (pecember4, 2000) EXHIBIT 9 Pa 5b -19 =, If q ■ILI$ f I T7gA,g= "MT ra I r." te --,r; a -gg "M END= "Itil 4A. nil i M- 6 110 BIWAl FiiT- In®rt --Nw i m � wt w-,; e uf i vir z ralE — : T r-Al IPUIP o4f.., *Ogg re, Ili I.l rariri IPPM. 11,41-11MVII I ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTIES LOCATED AT 1306 -1312 WEST SANTA ANA BOULEVARD FROM SINGLE - FAMILY RESIDENCE (R1) AND BRISTOL STREET SPECIFIC PLAN (SP -1) TO GENERAL COMMERCIAL (GC) (AA NO. 2011 -01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of Amendment Application No. 2011 -01, General Plan Amendment No. 2011 -02, and Variance No. 2011 -06 to allow a new medical office building at 1306 -1312 West Santa Ana Boulevard. B. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2011 -01. 2. Adopt a resolution approving General Plan Amendment No. 2011 -02. 3. Adopt a resolution approving Variance No. 2011 -06 as conditioned. C. Amendment Application No. 2011 -01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 6, 2011, to consider all testimony, written and oral. D. Amendment Application No. 2011 -01 has been filed with the City of Santa Ana to zone a portion of the property located at 1306 -1312 West Santa Ana Boulevard from Single - Family Residence (R1) and Bristol Street Specific Plan (SP -1) to General Commercial (GC). E. Amendment Application No. 2011 -01 is consistent with the General Plan, including but not limited to its goals and policies: 1. The project will assist in promoting a balance of land uses that address community needs, as the residences in the area will continue to be served by a medical clinic that has been serving the local community for over 60 years. 75D -22 2. The project will promote land uses, such as professional and medical office uses, that will enhance the economic and fiscal viability of the City through an increase in property and sales tax. 3. The project will preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site. 4. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts. 5. Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services. 6. Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity. 7. Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1306 -1312 West Santa Ana Boulevard is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 6, 2011, accompanying this matter. For these reasons, and each of them, Amendment Application No. 2011 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. General Plan Amendment No. 2011 -02 and Variance No. 2011 -06 came before the City Council on June 6, 2011. This ordinance incorporates by reference, as though fully set forth herein, the General Plan Amendment and Variance in support of this ordinance and the findings made herein. Section 2. The real property located at 1306 -1312 West Santa Ana Boulevard is hereby zoned from Single- Family Residence (R1) and Bristol Street Specific Plan (SP- 1) to General Commercial (GC). (AA No. 2011 -01) Amended Sectional District Map number 11 -5 -10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated June 6, 2011, and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. 7501-23 Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12011. APPROVED AS TO FORM: Joseph Straka City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75D -24 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75D -25 WESTMINSTER (I 7TH ST) 2 ! / / //////// // I 10 -sm T _ C1 R2 Cl - C2 / R1 -B E R2 ej R2 R7 ftl a R2 _ R2S ; 3a R3 R1 R1 RI W + + I ]7 Ir F --� IRST AVE. ® ® ®. L -10 + u -S -1a H N REVISED 9/24/08 75D-26 Exhibit A SECTIONAL DISTRICT MAP 11 -5 -10 SCALE IN FEET Zoning Districts ADOPTED BY THE SANTA ANA CITY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS -394 o loan 60- Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT 0 MINIMUM FRONTAGE -600 M I N IM UM LOT AREA -8 PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE - FAMILY RESIDENCE THNMAP 15 THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA. C1 -MD COMMUNITY COMM ERCIAL-MUSEUM DISTRICT Ml LIGHT INDUSTRIAL R2 TWO - FAMILY RESIDENCE AS AUTHON111. Rv CITY COUNCIL RESOLInaNNO. J4.163.onTEO 111P)4.i C2 G EN ERAL CO MM ERCI AL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE HEREBY- ESTTHATT195MAPISATRDE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT COPY OF THE ORIGINAL SECTIONAL DI5TRICT MAP NO.'.1 &10 C3 -A CENTRAL BUSINESS- ARTISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE sla C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT .e 1nvTREYINO C5 ARTERIAL COMMERCIAL P PROFESSIONAL 5P SPECIFIC PLAN PLANH 4GUn ouaoiini �ceNCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT Cernhc.Tte UU1e M0Y 9, 100] 1111.1 AA. / AN %. NO ORD / RES. NO ADOPTED DATE RCS.!AA. /AN %. NO. AA 1019 AAA 106] AA 96 -2 AALIB -94 63 -% 10 -1600 4.16 -01 19 16 -01 -1G -04 19 -05 1 PendinJ RfS.: AA./ANN NO. 5141 53G1 5x43 Sa56 5481 54A8 5508 550] 1 5513 1 5519 5649 5796 5810 813 6936 5958 6036 6044 AA 756 AA881 AA904 AA956 A%b AA 966 ORU;RE5. N0 NS -411 N6d4) NS -460 5 -0]0 NS -a99 N5510 Ivy -51] N5526 NS -534 NS -540 N5691 NS -tl6) NS -899 15 W2 NSlOJ9 NS -11)1 N51193 NS -1308 N116]9 N51)0) N5185] 51914 N51944 ADOPTED DATE 11159 C -18-60 &160 103fi0 110fi1 3— 9) -GI 9]fil 911b1 111 -tit ll-ab3 3GbJ 13 >fiJ 11 -4 -6J 31] -69 6.3.71 ]2 -J3 1117 13 3I -JJ 5 -2 -83 9 -1)-Bd 7186 -1687 1211-R7 SECTIONAL • • • • • - PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA REVISED 9/24/08 75D-26 Exhibit A ROH - 06/06/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2011 -02 AND APPROVING VARIANCE NO. 2011 -06 AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR THE PROPERTY LOCATED AT 1306 -1312 WEST SANTA ANA BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting General Plan Amendment No. 2011 -02 to amend the General Plan to change the westernmost parcel, located at 1312 West Santa Ana Boulevard, from Low Density Residential (LR) to General Commercial (GC) to coincide with the other five parcels. B. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving General Plan Amendment No. 2011 -02. C. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to General Plan Amendment No. 2011 -02. D. The Council finds that General Plan Amendment No. 2011 -02 is consistent with the General Plan, including, but not limited to, its policies and goals to promote a balance of land uses that address community needs, promote land uses that will enhance the economic and fiscal viability of the City through an increase in property and sales tax, and preserve and improve the character of the surrounding neighborhood through the construction of a new office building and numerous improvements intended for the site. E. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests — including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city - provided services — and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these Resolution No. 2011 -XXX Page 1 of 6 75D -27 guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. F. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2011 -02 is consistent with the purpose of the general plan. G. Applicant is requesting approval of Variance No. 2011 -06 to allow a reduction in landscaped setbacks for a new medical and professional office building at 1306 -1312 West Santa Ana Boulevard. H. On May 9, 2011, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving Variance No. 2011 -06. On June 6, 2011, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to Variance No. 2011 -06. Variance No. 2011 -06 has been filed with the City of Santa Ana seeking to reduce the required landscaped setbacks along the street frontage in the C1 district. Section 41 -368 of the Santa Ana Municipal Code requires a fifteen (15) foot front and side yard landscaped setback if the yard abuts a public street in the C1 district. K. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Resolution No. 2011 -XXX Page 2 of 6 75D -28 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property as the site will be developed in compliance with all applicable codes. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Further, the proposed building will not generate operational impacts to surrounding properties. Finally, the building will comply with the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed building was designed in conformance with City Zoning, Development and General Plan requirements. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. Resolution No. 2011 -XXX Page 3 of 6 75D -29 L. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009 -187 will be filed for this project. Section 2. The City Council hereby approves General Plan Amendment No. 2011 -02. The amendments to the Circulation Element are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 6, 2011, and exhibits attached thereto, and the public testimony written and oral, all of which are incorporated herein by this reference. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2011. Miguel A. Pulido Mayor Resolution No. 2011 -XXX Page 4 of 6 7501-30 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011 -XXX 7501-31 Page 5 of 6 Conditions for Approval for Variance No. 2011 -06 Should the City Council approve Variance No. 2011 -06, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2009 -65 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The required trees shall be upgraded to 36 -inch boxed size and shrubs shall be upgraded to 5- gallon size throughout the project. 5. Vine pockets are required to be added along all perimeter block walls for the property. B. Police Department 1. The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Exhibit A Resolution No. 2011 -XXX Page 6 of 6 75D -32