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Home My WebLink About FULL PACKET_2011-11-28MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 7, 2011 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem (5:23 P.M.) P. DAVID BENAVIDES (5:09 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) John Valdez vs. the City of Santa Ana, WCAB Case Nos. Unassigned, ADJ2472927, ADJ2395329 and ADJ4420634. CITY COUNCIL MINUTES 1 NOVEMBER 7, 2011 1 0A-1 Niki Blue Christian v. City of Santa Ana, United States District Court Case No.SACV11-0222JVS (MLGx) *Councilmember Sarmiento abstained from this item and left the room for deliberation of said item. 1B 1C 1D People of the State of California v. Behafarin, Orange County Superior Court Case No. 07CM10459 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - One matter. 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 Firemen's Benevolent 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: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CITY COUNCIL MINUTES 2 NOVEMBER 7, 2011 1 0A-2 CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 7:05 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 NOVEMBER 7, 2011 1 0A-3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Jesse Alvidrez, Parking Meter Operations Supervisor, Community Development Agency PROCLAMATION presented by MAYOR PULIDO to Roberta Luna, Pancreatic Cancer Survivor, recognizing Pancreatic Cancer Month. PROCLAMATION presented by MAYOR PULIDO to David Ross for his many years of service as District ManagerNice President of Operations for Waste Management and for overseeing the municipal and community relations in Santa Ana. CITY COUNCIL MINUTES 4 NOVEMBER 7, 2011 1 0A-4 PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Chef Jorge Ramirez recognizing October 16, 2011 as Childhood Nutrition Day. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to America Bracho recognizing Latino Health Access for their contributions to the community. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES and SARMIENTO to Fiestas Patrias Advisory Committee for their efforts in helping to organize the Fiestas Patrias event on September 17 and 18, 2011. Vicky Baxter Sandra Pena Sarmiento Alex Chavez Adolfo Sierra Lourdes Chavez Genevieve Southgate Saul Garcia Abel Torres Mike Gonzalez Oscar Ulloa Adolfo Lopez Cesar Vargas J. Fernando Niebla Alex Vega Sam Romero Raul Yanez and Jose Romo Santa Ana College (Sara Lundquist and Teresa Saldivar James Kennedy accepting) CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Chief David Thomas in recognition of the 128 by Anniversary of the Santa Ana Fire Department. CLOSED SESSION REPORT-- See Item 19A. PUBLIC COMMENT • Desi Reyes, commented on successful `Dia De Los Muertos' and 'Fiestas Patrias' recently held in Downtown Santa Ana; urged all to attend the upcoming exhibit at the Santa Ana Public Library from November 14-December 14 of movie posters and memorabilia from the golden era of Mexican films from collector Ernesto Martinez. • Alex Vega, commented on 25 years of community activism; proud of changes made throughout the City. • Tom Gordon, spoke about graffiti problems along 4th street and need to reduce number of billboards; concerned with some expenditures as listed on Agenda Item 19D. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: CITY COUNCIL MINUTES 5 NOVEMBER 7, 2011 1 0A-5 • Mayor Pro Tern Alvarez voted "No" on item 19C. • Councilmember Sarmiento pulled Agenda Items 75C, 75G, and 75H out of order and requested a one-week continuance. Motion by Sarmiento, seconded by Tinajero and approved by a 7-0 vote. • Councilmember Martinez commented on Agenda Item 12B - noted importance of community participation in the Ward re-boundary process that takes place every ten years after U.S. Census information released. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF OCTOBER 17, 2011 - Clerk of the Council Office MOTION; Approve Minutes. 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF OCTOBER 24, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF NOVEMBER 1, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 6 NOVEMBER 7, 2011 1 0A-6 NOTICE OF PUBLIC HEARINGS 12A SET A PUBLIC HEARING DATE FOR ABANDONMENT NO. 10-03: INTENT TO VACATE A PORTION OF CONCORD STREET SOUTH OF FRUIT STREET - Public Works Agency Recommended action approved by the Planning Commission on October 10, 2011 by a 6-0 vote (Alderete absent). MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-068 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT CONCORD STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010-03) 2. Set a public hearing for December 5, 2011. 12B SET A PUBLIC HEARING DATE TO CONSIDER CHANGING THE BOUNDARY LINES OF COUNCIL WARDS - Clerk of the Council Office Councilmember Martinez noted the importance of community participation in the Ward re-boundary process; takes place every ten years after U.S. Census information release. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-069 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, DECLARING ITS INTENTION TO CHANGE BOUNDARY LINES OF WARDS, AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON 2. Set a public hearing for December 5, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve a Compromise and Release settlement agreement in the case of John Valdez vs. the City of Santa Ana, WCAB Case CITY COUNCIL MINUTES NOVEMBER 7, 2011 1 0A-7 Nos. Unassigned, ADJ2472927, ADJ2395329 and ADJ4420634 in the total amount of $21,000.00 19B EXCUSED ABSENCES - None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office, Community Development Agency, Personnel Services Agency and Police Department MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. *Mayor Pro Tern Alvarez voted "No" on Item 19C. 19D QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between July 1, 2011 to September 30, 2011, valued at $25,000 and less. 19E QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2011 - Finance & Management Services MOTION: Receive and file. 19F QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LIBRARY SERVICES ENHANCEMENT - Parks, Recreation & Community Services Agency MOTION: CITY COUNCIL MINUTES 8 NOVEMBER 7, 2011 1 0A-8 1. Authorize the City Manager and Clerk of the Council to execute an agreement to provide digital media skills training for Santa Ana youth. AGMT NO. 2011-240 - With the California State Library in the amount of $49,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-075 - Recognizing $49,000 in the LSTA Grant Awards revenue account and appropriating same to expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NO. 10-034 - OVERHEAD DOOR MAINTENANCE - (Fire Department) - Finance & Management Services MOTION: Renew the contract with Commercial Door of Orange County, Inc. for a one-year period in an annual amount not to exceed $30,000. PROJECTS/CHANGE ORDERS 23A CONTINGENCY INCREASE FOR CONCRETE STREET WATER MAIN IMPROVEMENT (PROJECT NO. 116406) - Public Works Agency MOTION: Increase the contingency for the contract with Kana Pipeline, Inc., for the Concrete Street Water Main Project by $100,000 to a total estimated contract amount of $896,130 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 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 25H) 25A AGMT NO. 2011-241 - WEB-SITE MAINTENANCE AND COMMUNICATIONS SERVICES FOR EMERGENCY PREPAREDNESS, URBAN AREAS SECURITY INITIATIVE (UASI) FUNDED - With CITY COUNCIL MINUTES 9 NOVEMBER 7, 2011 1 0A-9 Westbound Communications in an amount not to exceed $150,000 - Police Department 25B AGMT NO. 2011-242 - SUSPICIOUS ACTIVITY REPORTING SYSTEM, URBAN AREAS SECURITY INITIATIVE (UASI) FUNDED - With SoftMaster, Inc. in an amount not to exceed $150,600 - Police Department 25C AGMT NO. 2011-243 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 - With Nicola Fleming for the structure located at 2109 North Heliotrope Drive (Stauffer House) - Planning and Building Agency 25D AGMT NO. 2011-244 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-05 - With Maximilian Eamon Garces and Kimberly Hagan for the structure located at 1901 North Heliotrope Drive (Hall-Knickerbocker House) - Planning and Building Agency 25E AGMT NO. 2011-245 - BASELINE GREENHOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN (GRANT FUNDED) - With ICLEI - Local Governments for Sustainability USA, in an amount not to exceed $265,860 - Public Works Agency 25F AGMTS NO. 2011-246 and 247 - AS-NEEDED SURVEYING SERVICES - With Coast Surveying, Inc. and Huitt-Zollars, Inc. in an amount of $250,000 for each firm - Public Works Agency 25G AGMT NO. 2011-248 - SOFTWARE MAINTENANCE - Execute an amendment with Bentley Systems, Inc. in an amount not to exceed $45,000 per year - Public Works Agency 25H AGMT NO. 2011-249 - FOUNTAIN MAINTENANCE SERVICES IN THE CIVIC CENTER - With Service 1st for a two-year period in an annual amount of $30,690 - Parks, Recreation & Community Services Agency and Community Development Agency CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2011-21 TO ALLOW A CEMENT MANUFACTURING FACILITY AT 516 SOUTH SANTA FE STREET CITY COUNCIL MINUTES 10 NOVEMBER 7, 2011 1 0A-10 LOCATED IN THE HEAVY INDUSTRIAL (M-2) ZONING DISTRICT - Filed by Maria Kao for Bender Ready Mix - Planning and Building Agency Recommended action approved by the Planning Commission on October 10, 2011, by a vote of 6-0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2011-21 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION SUPPORTING THE PRADO BASIN FEASIBILITY STUDY - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011-070 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF ORANGE COUNTY WATER DISTRICT'S PRADO BASIN FEASIBILITY STUDY MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION SUPPORTING THE GROUNDWATER REPLENISHMENT SYSTEM INITIAL EXPANSION PROJECT - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011-071 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING ORANGE COUNTY CITY COUNCIL MINUTES 11 NOVEMBER 7, 2011 1 0A-11 WATER DISTRICT'S GROUNDWATER REPLENISHMENT SYSTEM INITIAL EXPANSION PROJECT MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C PUBLIC ASSISTANCE FUNDING APPLICATION FOR CalEMA and FEMA REIMBURSEMENT - Police Department and Fire Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-072 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY MANAGER AND THE FIRE CHIEF AS ITS AGENT FOR MATTERS PERTAINING TO DISASTER ASSISTANCE 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-82 - Increasing revenues in the FEMA/Cal-EMA Grant account by $8,959.00 and appropriate the same amount into FEMA Flood Emergency expenditure account. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 12 NOVEMBER 7, 2011 1 0A-12 PUBLIC HEARINGS 75A PUBLIC HEARING - ABANDONMENT NO. 10-02: TO VACATE A PORTION OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE - Public Works Agency Set for Public Hearing at the October 3, 2011 City Council meeting. Legal Notice published in the O.C. Reporter on October 7, 2011 and October 14, 2011. Staff report presented by Raul Godinez II, Executive Director of Public Works. ect The Public Hearing opened at 8:07 p.m. There were no speakers and the hearing closed. MOTION: Adopt a resolution. CITY COUNCIL MINUTES 13 NOVEMBER 7, 2011 1 0A-13 RESOLUTION NO. 2011-073 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE (ABANDONMENT NO. 2010-02) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2011-01 TO CREATE A HOUSING OPPORTUNITY ORDINANCE TO ENSURE FUTURE RESIDENTIAL DEVELOPMENT PROJECTS CONTRIBUTE TO THE ATTAINMENT OF THE AFFORDABLE HOUSING GOALS SET FORTH IN THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN - Filed by the City of Santa Ana - Planning and Building Agency Recommended action approved by the Planning Commission on September 26, 2011 by a 7-0 vote. Legal Notice published in the O.C. Reporter on October 28, 2011 and notices mailed on October 27, 2011. Staff report presentation by Jay Trevino, Planning and Building Executive Director. Project Description ¦ Create a Housing Opportunity Ordinance to achieve affordable housing goals in Housing Element of the City's General Plan Purpose and Background ¦ City Council direction with adoption of the Transit Zoning Code ¦ Begin process to draft inclusionary ordinance for those properties within M1 and M2 Overlay Zones of the TZC ¦ Address community concerns regarding affordable housing within re- zoned areas ¦ And implement the Housing Element and address State Redevelopment Law What is a Housing Opportunity Ordinance? ¦ Affects only new developments that request up-zoning CITY COUNCIL MINUTES 14 NOVEMBER 7, 2011 1 0A-14 Requires a percentage of new housing to be affordable housing Designed to produce a portion of the City's affordable Regional Housing Needs Assessment Outreach and Meetings ¦ City Council Study Session ¦ Planning Commission Public Hearings ¦ Study Session ¦ Ad Hoc Planning Commission Committee meetings ¦ Redevelopment & Housing Comm. ¦ Additional Outreach ¦ Public notice to 900 property owners in letter format ¦ Advisory Committee ¦ Website Project Applicability: ¦ Increase in residential density ¦ Increase in percentage of residential development ¦ Convert commercial or industrial to residential uses ¦ Convert rental units to condominium ownership Requirements ¦ Applies to projects with 5 or more residential units ¦ 15 percent affordable units ¦ Dispersed throughout project ¦ Comparable - number of bedrooms ¦ Comparable design, materials, quality & appearance ¦ Same access to site amenities Alternatives ¦ Requires City Council Authorization ¦ Substantially rehab units off-site ¦ Payment of in-lieu fee Recommendation ¦ Recommend that the City Council adopt Housing Opportunity Ordinance The Public Hearing opened at 8:13 p.m. Sean Mill, representing the Planning Commission and as resident, spoke in support of the proposed ordinance. There were no other speakers and the hearing closed. Council discussion ensued. Mayor Pro Tern Alvarez asked whether the Building Industry Association "BIA" support the item. Executive Director of Plannign and Building Agency Jay Trevino noted that he was not aware of the position they took on the matter. Housing opportunity title came about due to feedback received from BIA. Mayor Pro Tern concerned with definition and clarity of windfall. Trevnio indicated that if upzone requested CITY COUNCIL MINUTES 15 NOVEMBER 7, 2011 1 0A-15 by developer the ordinance would apply; other cities in Orange County have similar ordinances. Councilmember Benavides indicated that currently the City does not have inclusionary ordinance and proposed ordinance would provide parity for all future projects. There is a requirement and need for affordable housing units. Councilmember Sarmiento spoke in support of dignified housing needs; encourages mixed development; need new development; Bristol project may have residential units in mixed area. Councilmember Bustamante made a substitute motion to continue for 30 days for further review, seconded by Mayor Tern Alvarez. Alvarez requested a letter of support from BIA. Councilmember Sarmiento in support of considering matter tonight. Mayor Pro Tern Alvarez asked about resident priority; City to follow State requirements. Ordinance is fundamentally fair to all proposed new development. SUBTITUTE MOTION: Continue consideration of matter for 30 days to provide the City Council further time to review. MOTION: Bustamante SECOND: Alvarez Mayor Pro Tern Alvarez withdrew her seconded motion since she does not believe that BIA will be submitting a letter. Mayor Pulido suggested an amendment to the motion to consider a matrix or measurement for City Council to consider within six-months to a year; monitor ordinance to make sure construction not frozen or City over- regulated; allow for discretionary review. Councilmember Tinajero noted that action proposes dignified housing; supports affordable housing. Councilmember Martinez concurred; set policy to influence future development; current projects not affected. AMENDED MOTION: Place amended ordinance on first reading and authorize publication of title, as follow: ORDINANCE NO. NS-2825 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING HOUSING OPPORTUNITY STANDARDS AND PROCEDURES TO ENCOURAGE THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE TO A RANGE OF HOUSEHOLDS WITH VARYING INCOME LEVELS a. Modify Section 41-1904 (b) as follow - ...for the project, in whole or in part, by constructing a mix of affordable units or substantially rehabilitating existing rental units the reg iFed R imheFef Gff site URit6_ .... The number of substantially rehabilitated unites that will be required under the off-site unit provision will be determined based on a calculation of the affordability gap associated with on-site provision of the units. This CITY COUNCIL MINUTES 16 NOVEMBER 7, 2011 1 0A-16 affordability gap will then be translated into the number of off-site unites that can be produced at a financial gap equal to the affordability gap associated with on-site provision of the units. MOTION: Benavides VOTE: AYES: SECOND: Tinajero Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: None (0) 75C PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AND BILLBOARD AT 410 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owner on October 18, 2011. Notice of Hearing letter regarding acquisition of property by eminent domain ("Billboards") mailed to property owner on October 19, 2011. Raul Godinez, Executive Director of Public Works noted that a one-week continuance would not affect project schedule. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 17 NOVEMBER 7, 2011 1 0A-17 75D PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 610-612 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Mayor Pulido opened the hearing. Gretchen Yen, property owner, claimed her rights and noted that she continues to be open for negotiations. There were no other speakers and the hearing closed. Mayor Pro Tern Alvarez requested that the City contact all property owners. *Motion to approve item originally adopted by a vote of 7-0, but revoked to consider all condemnation items for the Bristol Street widening together at a Special City Council Meeting. MOTION: Adopt resolution.* MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REVISED MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011.* MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 18 NOVEMBER 7, 2011 1 0A-18 75E PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Mayor Pulido opened the hearing. Cindy Leal expressed concern with process; initial offer proposed 18-months ago. There were no other speakers and the hearing closed. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Pulido SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Mayor Pro Tern Alvarez motioned to re-consider Agenda Item 75D and continue consideration of item along with other such items, seconded by Councilmember Martinez. Motion carried 7-0. 75F PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 306 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. Mayor Pulido opened the hearing. There were no speakers and the hearing closed. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Bustamante SECOND: Sarmiento VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 19 NOVEMBER 7, 2011 1 0A-19 ABSTAIN: None (0) ABSENT: None (0) 75G PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 411 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75H PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 311 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. MOTION: Continue item for one-week, to a Special Meeting of the City Council scheduled for November 14, 2011. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 20 NOVEMBER 7, 2011 1 OA-20 COUNCIL RECESSED AT 9:15 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY, FOLLOWED BY THE SANTA ANA HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 9:16 P.M. WITH SAME MEMBERS PRESENT. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. *Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item 85A and abstained. Pulido has a business interests, and Sarmiento has clients that reside in the area, they left the meeting at 9:16 p.m. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. 85A ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT (Mayor Pro Tern Alvarez) Continued from the August 24, September 19, October 3, and October 17, 2011 City Council meetings. The following speakers addressed the City Council and spoke in opposition to PBID and request disestablishement: ¦ Herb Rose, read prepared statement for the record; opposed to PBID. ¦ Barbara DesRochers, questioned approval process of PBID. ¦ Nina Jun, proposed ordinance amendment on PBID; submitted petition for disestablishment. ¦ Claudia Arellanes, questions collection of PBID tax through property taxes. ¦ Fina Chavez, urged the City Council to set a public hearing to disestablish PBID. ¦ Adolfo Lopez, read letter for the record. ¦ Walter Cha, opined that PBID not following State Law. ¦ Raul Yanez, opposed to tax, voted against establishment ¦ Shawn Markhani, supports agenda item; State Law has provisions for disestablishment that are missing in City ordinance. ¦ Albert Castillo, opined that some events hosted by Dowtown Inc. are hosted by El Centro Cultural de Mexico and/or Calacas. ¦ Alex Vega, opposed to tax. Council discussion ensued. Mayor Pro Tern Alvarez concerned that disestablishment policy not included in ordinance. Proposed the following CITY COUNCIL MINUTES 21 NOVEMBER 7, 2011 1 OA-21 motions that died for lack of second with the exception of item 2 that was seconded by Councilmember Martinez: 1. Set a Public Hearing to consider disestablishment. 2. Set up an advisory election and not allow the City to participate in the election. 3. Amend the resolution to have process for disestablishment. Motions died. Councilmember Tinajero noted that anti-PBID businesses made no concessions; Downtown Inc. has owness to fullfill commitments and obligations as included in agreement. Offered Substitute Motion to table the matter until May, 2012, seconded by Councilmember Bustamante. Councilmember Martinez asked staff about payment alternatives - staff noted that information pending. Mayor Pro Tern Alvarez requested that document containing answers to various questions on PBID be provided to business owners. SUBSTITUTE MOTION: Table consideration of matter until May 2012. MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4) NOES: Alvarez (1) ABSTAINED Pulido, Sarmiento (2) AND NOT PRESENT: ABSENT: None (0) Mayor Pulido and Councilmember Sarmiento returned at 10:04 p.m. Mayor Pulido reassumed the Chair. 85B DISCUSSION AND POSSIBLE ACTION REGARDING CAMPING ORDINANCE AND POLICIES RELATED THERETO (Councilmembers Martinez and Benavides) The following speakers addressed the City Council in support of item: • Keith Dillan, noted that movement was his 1 st amendment right. • Anthony Velioza, commented on support received by the cities of Los Angeles and Irvine. CITY COUNCIL MINUTES 22 NOVEMBER 7, 2011 1 OA-22 • Karl Greenblatt, important effort; requested support. • Alicia Rojas, spoke on homeless issue. • Dylan Thompson, requested support of movement. • Massimo Marini, noted purpose for movement; camping ordinance to be re-examined. • Dwight Smith, indicated that no emergency shelter available after 2 a.m. • Crystal Ngo, solidarity with Occupy Wall Street movement; right to assemble. • Brian Montes, concerned with economy; right to assemble peacefully. • Theo Hirseh, concerned that 1St amendment right violated. • Sam Aresheh, support movement. • Joese, spoke in support of Occupy movement. • Nicholas Dorsey, thanked the City Council for agendizing matter; requested support. • Alexis Curiel, spoke in support of item. • Cmd. Terry Lee, veteran in support of movement. • Jenny Lynn, student at UCI, concerned with economy and lack of opportunities. • Yenny Talmo, supports Occupy Movements throughout. • Charles Cha, community organizer in support of movement. • Sara Beckman, opined that corporations have too much control over economy. • Anthony Underwood, concerned with lack of opportunity to assemble. • Manuel Guerrero, spoke in support of movement. • Albert Castillo, support movement; Chicanos Unidos support movement too. • Greg Diamond, attorney that drafted Memorandum of Agreement with the City of Irvine, willing to work with the Santa Ana on similar contract. • Rogelio Santana, commented on homeless problem; supports movement. • Vianey Cruz, served in the U.S. Marine Corp.; supports right to congregrate. • Inga Scott, supports movement. • Donna Haney, requested an up-zone on right to camp. • Alex Vega, supports movement. • Dean Bottino, honors right to free speech and assembly. • Chris Fagan, requested the use of shelter during movement. • Joel Chavez, willing to pay for permits and costs associated with movement for right to assemble. • Rob Cook, commented on recent lawsuit by ACLU against County of Orange; Ward Redistricting; and asked how City would handle budget stabilization problem. • Kyle Mackey, noted poverty rate and need for change in government. • Jessica Randolph, support movement and historical significance of effort. CITY COUNCIL MINUTES 23 NOVEMBER 7, 2011 1 OA-23 • Timonthy Craven, supports movement. Council discussion ensued. Councilmember Martinez thanked all for comments; appreciate the movement; requested an interpretation of camping ordinance. Interim City Attorney Straka noted that no camping ordinance applies to all groups equally. Councilmember Benavides noted that it is not prudent for City to lift ordinance; exposed to lawsuit. Interim City Attorney Straka indicated that although the City of Irvine allowed camping, they do not have an ordinance like Santa Ana that does not allow camping. Councilmember Tinajero concurred and noted that the City Council has a responsibility to represent all citizens. Councilmember Sarmiento commented on economy, open to working with groups and recommended that City enter into discussions; City to review resolution prepared by the City of Los Angeles in support of message and mission by Movement. Mayor Pulido noted righteous cause and fundamental issues that need to be addressed at National level. MOTION: Directed the City Attorney to draft a resolution for City Council consideration in support of message and mission of Occupy Movement. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS 90A 90B CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • Attended Complete Street Workshop held today, November 7t" on pedestrian safety along with Councilmember Martinez. • Participated in Santa Ana Cultural Diversity Workshop; acknowledged Jewish Anti-Defamation Coalition and other groups on success; City to hold more meetings and invite other groups to participate. CITY COUNCIL MINUTES 24 NOVEMBER 7, 2011 1 OA-24 Mayor Pro Tern Alvarez: • Commented on Cultural Diversity Workshop that she put together; thanked attendees including Congresswoman Sanchez, Senator Lou Correa, Mayor Pulido, the rabbis, the ADL, and the Hispanic Jewish Coalition for attending - discussed conflict resolution; look forward to continued relationships. • November 11th is Veteran's Day; thanked all service men and women and honor those that have sacrificed their lives. • Look forward to working with Occupy OC and reach compromise. Mayor Pulido: • Adjourned meeting in memory of Shahir Gobran and George Heidler, Jr. ADJOURNED 12:01 a.m. - The next meeting of the City Council is scheduled for Monday, November 14, 2011 at 5:00 for the Regular Open Business Meeting followed by the Closed Session Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Shahir Y. Gobran and George P. Heidler Jr. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 25 NOVEMBER 7, 2011 1 OA-25 1 OA-26 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 14, 2011 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO SAL TINAJERO (5:34 P.M.) COUNCILMEMBERS Absent: CLAUDIA C. ALVAREZ, Mayor Pro Tern MICHELE MARTINEZ STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 Executive Director, Personnel Services Agency 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Executive Director, Personnel Services Agency CITY COUNCIL MINUTES 1 NOVEMBER 14, 2011 1 0B-1 Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent 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: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT - See item 19A for Report. THE CLOSED SESSION MEETING RECESSED AT 5:55 P.M. TO THE OPEN SESSION MEETING, RECONVENED TO THE CLOSED SESSION AT 6:18 P.M. AND ADJOURNED AT 7:42 P.M. CITY COUNCIL MINUTES 2 NOVEMBER 14, 2011 1 0B-2 OPEN SESSION MEETING CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENT - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:55 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: CLAUDIA C. ALVAREZ, Mayor Pro Tem MICHELE MARTINEZ STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO See Item 19A CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 19A through 19C as recommended by staff. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) CITY COUNCIL MINUTES 3 1 0B-3 NOVEMBER 14, 2011 ADMINISTRATIVE MATTERS MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: The City Council by unanimous consent confirmed the appointment of Ed Raya as Personnel Services Director. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Alvarez and Councilmember Martinez. 19C CANCELLATION OF NOVEMBER 21, 2011 COUNCIL MEETING - Clerk of the Council Office MOTION: 1. Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled Council meeting of November 21, 2011; the City Council hereby waives notice of said meeting as required by the government code. 2. Schedule an Adjourned Regular Meeting for November 28, 2011 to be held in the Police Community Room, 60 Civic Center Plaza, Santa Ana, CA at 5:00 p.m. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AND BILLBOARD AT 410 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owner on October 18, 2011. CITY COUNCIL MINUTES 4 NOVEMBER 14, 2011 1 0B-4 Notice of Hearing letter regarding acquisition of property by eminent domain ("Billboards") mailed to property owner on October 19, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. John Duong representing Clear Channel Outdoor, addressed the council relative to Agenda Items 75A, 75E, and 75F. Submitted a letter of response for the record; would like relocation opportunity. Also, John Peterson representing the Wang Family Trust submitted letter for the record; also noted concern that CEQA should be revisted since opined that project has changed. There were no additional speakers and the hearing closed. City Council discussion ensued. Councilmember Sarmiento directed staff to review signage and billboard policy and work with parties involved regarding relocation options; explore all options for reasonable solution. Councilmember Bustamante echoed comments; acquisition is part of Bristol Street improvements; well maintained billboards acceptable and may increase revenue. Mayor Pulido noted that project funded with OCTA monies. Councilmember Benavides also echoed comments previously made by members of the city council; reducing number of billboards a good idea; open to idea of digital billboards to help deter graffiti; for the record correct legal description submitted in agenda packet. Staff noted that legal description submitted included entire property, but only partial lot considered for acquisition. The City Council considered agenda items 75A, 75E, and 75F with one motion. Mayor opened the Public Hearings for items 75E and 75F. There were no speakers and the hearings closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-074 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 410 N. BRISTOL STREET (APN 405-064-15); AND OUTDOOR POSTER PANEL (FACE # 003979 & 003980) LOCATED AT 410 N. BRISTOL STREET MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: None (0) CITY COUNCIL MINUTES 5 NOVEMBER 14, 2011 1 0B-5 ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) 75B PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 610-612 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. There were no speakers and the hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-075 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 610-612 N. BRISTOL STREET (APN 405-073-16) MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) None (0) None (0) Alvarez, Martinez (2) 75C PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1255 WEST SIXTH STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 18, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. There were no speakers and the hearing closed. CITY COUNCIL MINUTES 6 NOVEMBER 14, 2011 1 0B-6 MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-076 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1255 W. 6th STREET (APN 405-081-22) MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) 75D PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD AT 306 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. There were no speakers and the hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-077 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 2668) LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 306 N. BRISTOL STREET MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) CITY COUNCIL MINUTES 7 NOVEMBER 14, 2011 1 0B-7 NOES: None (0) ABSTAIN: None (0) ABSENT: Alvarez, Martinez (2) 75E PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 411 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. John Duong addressed the council relative to Agenda Items 75A, 75E, and 75F. There were no additional speakers and the hearing closed. The City Council considered agenda items 75A, 75E, and 75F with one motion. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-078 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 003977 & 003978) LOCATED AT 411 N. BRISTOL STREET MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) None (0) None (0) Alvarez, Martinez (2) 75F PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF A BILLBOARD LOCATED AT 311 NORTH BRISTOL STREET (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on October 19, 2011. CITY COUNCIL MINUTES 8 NOVEMBER 14, 2011 1 0B-8 Continued from the November 7, 2011 City Council Meeting by a 7-0 vote. Mayor Pulido opened the public hearing. John Duong addressed the council relative to Agenda Items 75A, 75E, and 75F. There were no additional speakers and the hearing closed. The City Council considered agenda items 75A, 75E, and 75F with one motion. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-079 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF OUTDOOR POSTER PANEL (FACE # 003981) LOCATED WITHIN THE CITY OF SANTA ANA AT 311 N. BRISTOL STREET MOTION: Sarmiento VOTE: SECOND: Bustamante Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) None (0) None (0) Alvarez, Martinez (2) AYES: NOES: ABSTAIN: ABSENT: COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS - None THE CITY COUNCIL RECONVENED TO THE CLOSED SESSION MEETING AT 6:18 P.M. CITY COUNCIL MINUTES 9 NOVEMBER 14, 2011 1 0B-9 ADJOURNED 7:42 p.m. - The next meeting of the City Council will be an Adjourned Regular Meeting scheduled for Monday, November 28, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting at 6:00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 10 NOVEMBER 14, 2011 1 0B-10 (ROH - 11/07/11) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING HOUSING OPPORTUNITY STANDARDS AND PROCEDURES TO ENCOURAGE THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE TO A RANGE OF HOUSEHOLDS WITH VARYING INCOME LEVELS 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 of Santa Ana is initiating a request to create a Housing Opportunity Ordinance to ensure that future residential development projects contribute to the attainment of the affordable housing goals set forth in the Housing Element of the City's General Plan. B. The Housing Element of the General Plan identifies the long range plans for housing throughout the city. The Element further identifies a vision, goals, policies and programs to address housing issues within the city. The Housing Opportunity Ordinance helps to implement a component of the Housing Element assisting to play an active role in the provision of affordable housing within the City of Santa Ana. C. Each city in California is required to adopt and implement a Housing Element as part of its General Plan. The Housing Element must be updated every eight years and it must establish goals and policies to ensure that regional housing needs can be met. Chief among satisfying future housing projections is the need to provide for housing that is affordable to people who make less than, or only slightly more than, the county median income. Housing that meets this criteria is referred to "affordable housing." The current median income for a family of four in Orange County is $87,200. While the City is not required to build affordable housing, it must show that adequate development sites are available for the production of such housing and it must show evidence of policies that support the production of affordable housing. 11 A-1 D. The State establishes target housing production goals for each city to meet through the Regional Housing Needs Assessment or RHNA. For the 2006-2014 planning period the City of Santa Ana's RHNA target is 3,393 units. This number is based on regional population growth estimates and each city is allotted a portion. In addition, the State establishes the number of units within a range of income categories which must be provided. For Santa Ana 1,932 of the 3,393 units should be constructed within the moderate, low, very low and extremely low income categories. The proposed ordinance is intended to assist the City in meeting a portion of the RHNA requirement. E. In 2009, the City adopted the General Plan Housing Element for the 2006-2014 update cycle. This updated Housing Element was also certified by the State Department of Housing and Community Development making the City of Santa Ana compliant with State housing law. The Element establishes a policy framework upon which goals and implementation measures are based. The overarching policy statement, as adopted by the City Council, states: "Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, their families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and homeownership opportunities at different affordability levels." F. Following from the policy statement the Housing Element then establishes four key issue areas: Housing and Neighborhoods, Housing Supply and Diversity, Housing Assistance, and Special Needs. Each of these key issue areas then has goals and policies in order to implement the Housing Element. The creation of affordable housing is a recurring theme throughout each of these key issue areas and is supported through the policy statements and goals (HE-2.3, HE-2.6, HE-2.8, HE-3.1, HE-3.2, HE-3.3, HE-3.5, HE-3.7, HE-4.1, HE-4.2). G. Following the establishment of the goals and policies the City must also show specific implementation measures, as well as an estimated time deadline for their completion. The City must also produce an annual report detailing the progress on each of these implementation measures, which must be submitted to the State Department of Housing and Community Development. Implementation Measure No. 25 of the Housing Element lists a number of Affordable Housing Incentives, including the potential for the establishment of an inclusionary housing ordinance in order to Ordinance No. NS-XXX 11 A-2 Page 2 of 17 create new affordable housing. Inclusionary housing ordinances are tools used by cities to ensure that a certain percentage of new housing developments are available at affordable levels. This requirement can generally be met through the inclusion of such units within the project itself, rehabilitation or construction of units off site, or through the payment of an in-lieu fee. The units are covenanted to ensure that they remain affordable over time. As of 2007 nearly one-third of California jurisdictions had adopted inclusionary housing programs. At the time that the Housing Element was drafted it was recommended that the feasibility of an inclusionary housing ordinance should be studied and implemented within the 2006-2014 framework. H. On June 7, 2010, several months prior to the adoption of the Housing Element, the City Council adopted the Transit Zoning Code. As part of this action the City Council directed staff to begin a process to draft an inclusionary housing ordinance for those properties within the M1 and M2 Industrial Overlay Zones of the Transit Zoning Code. This direction was given, in part, to address the community's concerns about the provision of affordable housing within re-zoned areas of the Transit Zoning Code, as well as to implement the City's Housing Element and address State Redevelopment Law. State law requires that when new housing is constructed within redevelopment project areas there must also be affordable housing constructed that equals 15% of the total number of units constructed within the project area (Health and Safety Code, Section 33413). Due to the fact that significant areas within the Transit Zoning Code formerly zoned as Industrial now have the ability to convert to mixed-use residential development at the property owners' discretion, the potential exists for a substantial number of new units to be constructed within these Overlay Zone areas. As the majority of these areas are located within redevelopment project areas (Central City, Inter City, North Harbor, South Harbor, Bristol and South Main) new residential development would trigger the requirement for new affordable housing development pursuant to state law. If this new development is not included within the projects themselves, the Redevelopment Agency would be responsible for funding and constructing such housing. The only available funding source for this housing construction would be affordable housing set-aside monies. Given the uncertainty of the availability of these funds over the long term, the burden of the funding of new affordable housing construction could fall to other funding sources, such as the City's general fund. It is therefore necessary to ensure that the 15% affordability Ordinance No. NS-XXX 11 A-3 Page 3 of 17 requirement be captured within the new development themselves and the Housing Opportunity Ordinance would enable the City to meet this mandate. J. Following the adoption of the Transit Zoning Code the City was awarded a Compass Blueprint Grant from the Southern California Association of Governments (SCAG) to study new development opportunities for the Harbor Boulevard Corridor that would improve access to housing served by transit, as well as to further various state and regional sustainability goals. This project was also embarked upon in furtherance of the Housing Element implementation measure to re-zone areas to create the opportunity for new housing creation. The Harbor Boulevard Corridor was specifically identified in the Housing Element as an opportunity area due to the availability of large underutilized and sometimes vacant parcels of land and its use as a major transit corridor (Housing Implementation Program 16). The outcome of the Harbor Boulevard Corridor Study will also result in the adoption of new zoning that will allow for the construction of new housing on property that currently has commercial zoning. Similar to the Transit Zoning Code M1 and M2 Industrial Overlay Zones, Harbor Boulevard corridor identified in the Housing Element is located within a redevelopment project area, North Harbor. The production of new housing in this area would also trigger the 15% affordable housing redevelopment requirement. With this in mind, as well as looking to the future, staff recommended that the Housing Opportunity Ordinance be developed on a city-wide basis. K. The draft ordinance was developed with the input of a variety of stakeholders and interest groups. The draft ordinance, entitled the Housing Opportunity Ordinance, was presented to the City Council during a study session held on January 18, 2011. At that meeting the City Council directed staff to complete the draft document and begin the public hearing adoption process. Section 2. Section 41-1900 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Article XIX - Housing Opportunity Ordinance Sec. 41-1900. Purpose This Article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within Ordinance No. NS-XXX 1 1A-4 Page 4 of 17 developments that involve an increase in the density otherwise available under applicable zoning and development standards; a change in land use designation from a zoning regulation that does not permit residential uses to one that does permit residential uses; or the conversion of rental units to condominium ownership. Section 3. Section 41-1901 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1901. Definitions As used in this Article, the following terms shall have the following meanings: "Adjusted for Household Size Appropriate for the Unit" means a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit. "Affordable Housing Cost" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code: Very Low-Income Households. Thirty percent of the income of a household earning 50 percent of the Orange County median income adjusted for family size appropriate for the unit. Low-Income Households. Thirty percent of the income of a household earning 70 percent of the Orange County median income for for-sale units, and 30 percent of the income of a household earning 60 percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. Moderate Income Households. Thirty-five percent of the income of a household earning 110 percent of the Orange County median income for for- sale units, and 30 percent of the income of a household earning 110 percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code, the fractions specified by State law shall control. "Developer" means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a Residential Project. Ordinance No. NS-XXX 11 A-5 Page 5 of 17 "Executive Director" means the Executive Director of Community Development for the City of Santa Ana. "Inclusionary Housing Agreement" means a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. "Inclusionary Housing Fund" means the fund created by the City of Santa Ana in which all fees collected in compliance with this Article shall be deposited. "Inclusionary Housing Plan" means the plan submitted by the Developer, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. "Inclusionary Unit" means a dwelling unit that will be offered for sale or rent to low or Moderate-Income Households, at an affordable housing cost, in compliance with this Article. "Low-Income Households" means "lower income households" as that term is defined by Section 50079.5 of the Health & Safety Code. "Low-Income Units, Moderate-Income Units, and Very Low-Income Units" means Inclusionary Units restricted to occupancy by low, moderate, or Very Low-Income Households, respectively, at an affordable housing cost. "Market Rate Units" means dwelling units in a Residential Project that are not Inclusionary Units. "Moderate-Income Households" means "persons and families of low or moderate income" as that term is defined by Section 50093 of the Health & Safety Code. "Administrative Procedures" means those regulations promulgated by the Executive Director pursuant to Section 41-1910 of this Article. "Regulatory Agreement" means an agreement entered into between the City of Santa Ana or the Santa Ana Community Redevelopment Agency and a Developer by which the Developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. "Residential Project" means any of the following: A subdivision resulting in the creation of 5 or more residential lots or residential condominium units; or Ordinance No. NS-XXX 1 1A-6 Page 6 of 17 The new construction of a project consisting of 5 or more multi-family units; or The new construction of 5 or more separate houses or dwelling units; or The conversion of 5 or more rental units to condominium ownership. "Total Housing Costs" the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. "Very Low-Income Households" means "very low income households" as that term is defined by Section 50105 of the Health & Safety Code. Section 4. Section 41-1902 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1902. Applicability and Inclusionary Unit Requirements (a) Zone Changes. The requirements of this Article shall apply to any Residential Project located within a zone that has been changed to allow for residential uses where such uses were not previously allowed, or where the zone change allows an increase to the existing residential density permitted by the zoning in place as of the effective date of this ordinance. (b) Applications. The requirements of this Article shall apply to any Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by applicable zoning at the time of the application. (2) Increase the permitted percentage of residential development allowed for a mixed-use development above the percentage at the time of the application. (3) Convert commercial or industrial land to residential uses; including, but not limited to, the conversion of a hotel to residential use. (4) Approval of an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. Ordinance No. NS-XXX 1 1A-7 Page 7 of 17 (5) Convert rental units to condominium ownership. (c) Units for sale. If the Residential Project consists of units for sale, then a minimum of 15-percent of the total number of units in the project shall be sold to Moderate-Income Households, or lower. (d) Rental units. If the Residential Project consists of rental units, then a minimum of 15-percent of the units shall be rented to low or Very Low- Income Households. (e) Allowable credits. The Inclusionary Unit requirements of this Section may be reduced at the discretion of the Executive Director if a greater level of affordability is provided. (f) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded-up to the next whole unit. The Developer may choose to pay an in-lieu fee set forth in Section 41- 1904(c) for the fractional units, which shall be calculated based on a percentage of the per unit cost. (g) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the displacement of Very Low, Low, and/or Moderate Income Household(s) shall be required to provide on-site Inclusionary Units as required by this Article. (h) All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Section 5. Section 41-1903 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1903. Exempt projects The following are exempt from the requirements of this Article: (a) Applications deemed complete. A Residential Project for which a development application has been deemed complete prior to b) Development Agreements. A Residential Project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this Article or provides for a different amount of Inclusionary Units from that specified by this Article. Ordinance No. NS-XXX 11 A-8 Page 8 of 17 (c) Project with Regulatory Agreement. A Residential Project for which a Regulatory Agreement has been approved, provided that the Regulatory Agreement is effective at the time the Residential Project would otherwise be required to comply with the requirements of this Article, and there is no uncured breach of the Regulatory Agreement before issuance of a Certificate of Occupancy for the project. This may include a Residential Project that has obtained a Density Bonus under Article XVI.I of the Santa Ana Municipal Code. Section 6. Section 41-1904 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1904. Alternatives (a) On site units. The primary means of complying with the inclusionary requirements of this Article shall be the provision of on-site Inclusionary Units in accordance with Section 41-1901, above. A Developer may only satisfy the requirements of this Article by means of an alternative to on-site Inclusionary Units in accordance with the requirements and procedures of this Section. (b) Off-site units. Upon application by the Developer and at the discretion of the City Council, the Developer may satisfy the Inclusionary Unit requirements for the project, in whole or in part, by constructing a mix of affordable units or substantially rehabilitating existing rental units. For purposes of providing off-site units, substantially rehabilitating means rehabilitating a dwelling unit that has substantial building and other code violations, and has been vacant for at least 90 days, such that the unit is returned to the City's housing supply as decent, safe and sanitary housing, and the cost of the work exceeds twenty-five percent of the market value of the unit after rehabilitation. The number of substantially rehabilitated units that will be required under the off-site unit provision will be determined based on a calculation of the affordability gap associated with on-site provision of the units. This affordability gap will then be translated into the number of off-site units that can be produced at a financial gap equal to the affordability gap associated with on-site provision of the units. (c) In-lieu fee. (1) 20 or fewer units. In the case of a Residential Project containing between 5 and 20 residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. Ordinance No. NS-XXX 11 A-9 Page 9 of 17 (2) More than 20 units. In the case of a Residential Project comprised of more than 20 residential lots or residential units, the Developer may apply to pay a fee in lieu of constructing some or all of the required units, and such application shall be subject to the review and approval of the City Council, which may grant such the Developer's request if substantial evidence supports a finding that the cost of providing Inclusionary Units on-site would substantially exceed the amount of the applicable in-lieu fee. (3) Calculation of fee. The amount of the fees allowed by this Section shall be calculated in accordance with the methodology to be set forth in the Administrative Procedures. The calculation methodology is based on the affordability gap associated with fulfilling the required affordable housing units on site within the proposed Residential Project. (4) Timing of payment. The Developer shall pay any in-lieu fees allowed by this Section in full before issuance of a Building Permit for any portion of the Residential Project, including any non-residential portions of a mixed-use development. (5) Inclusionary Housing Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Fund. Section 7. Section 41-1905 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1905. Housing Plan and Housing Agreement (a) Submittal and execution. The Developer shall comply with the following requirements. (1) Inclusionary Housing Plan. The Developer shall submit an Inclusionary Housing Plan, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. If the inclusionary housing plan includes alternatives to on-site units that require the approval of the City Council, then the Inclusionary Housing Plan shall be subject to the review and approval of the City Council. All other Inclusionary Housing Plans shall be subject to the approval of the Executive Director, subject to appeal to the City Council. Any such appeal shall be filed within fifteen (15) days of the decision of the Executive Director. (2) Inclusionary Housing Agreement. The Developer shall execute and cause to be recorded an Inclusionary Housing Agreement. The Ordinance No. NS-XXX 11A-10 Page 10 of 17 Inclusionary Housing Agreement shall be a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a Residential Project subject to this Article until the Developer has submitted an Inclusionary Housing Plan. (c) Issuance of Building Permit. No Building Permit shall be issued for a Residential Project subject to this Article unless the Executive Director has approved the Inclusionary Housing Plan, and any required inclusionary Housing Agreement has been recorded. (d) Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a Residential Project subject to this Article unless the approved Inclusionary Housing Plan has been fully implemented. Section 8. Section 41-1906 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1906. Standards (a) Location within project, relationship to non-Inclusionary Units. All Inclusionary Units shall be: (1) Reasonably dispersed throughout the Residential Project; (2) Proportional, in number of bedrooms, and location, to the market rate units; (3) Comparable to the market rate units included in the Residential Project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All Inclusionary Units in a Residential Project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, a proportional share of the required Inclusionary Units shall be provided within each phase of the Residential Project. Ordinance No. NS-XXX 1 1A-1 1 Page 11 of 17 (c) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of 45 years. (2) Certification of purchasers. The Developer and all subsequent owners of an Inclusionary Unit offered for sale shall certify, on a form provided by the City, the income of the purchaser. (3) Resale price control. In order to maintain the availability of inclusionary units required by this Article, the resale price of an owner occupied Inclusionary Unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable Affordable Housing Cost. (4) Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied Inclusionary Unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household.) (5) Forfeiture. If an Inclusionary Unit for sale is sold for an amount in excess of the resale price controls required by this Section, the buyer and the seller shall be jointly and severally liable to the City for the entire purchase price of the unit. Recovered funds shall be deposited into the Inclusionary Housing Fund. Notwithstanding the foregoing, it shall be within the discretion of the Executive Director to allow the buyer and seller to cure any violation of the resale price controls within 180 days. (d) Rental units. (1) Time limit for inclusionary restrictions. A rental unit shall remain restricted to the target income level group at the applicable affordable housing cost for 55 years. (2) Certification of renters. The owner of any rental Inclusionary Units shall certify, on a form provided by the City, the income of all members of the household above the age of 18 at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an Inclusionary Unit in violation of this Article shall be required to forfeit to the City all money so Ordinance No. NS-XXX 11A-12 Page 12 of 17 obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (e) The Executive Director may require the execution and recording of whatever documents are required to ensure enforcement of this Section; including but not limited to promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all Inclusionary Units. (f) General Prohibitions. (1) No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Article. (2) No person shall sell or rent an Inclusionary Unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Article. (3) No person shall provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that person is not eligible. (g) Principal Residency Requirement. (1) The owner or lessee of an Inclusionary Unit shall reside in the unit for not less than ten out of every twelve months. (2) No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable, an Inclusionary Unit without the prior permission of the Executive Director. Section 9. Section 41-1907 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1907. Takings Determination (a) Determination of a taking of property without just compensation. In accordance with the procedures provided by this Section, a Developer may request a determination as to whether the requirements of this Article, taken together with the inclusionary incentives as applied to the Residential Project, would constitute a taking of property without just compensation under the California or Federal Constitutions. (1) The Developer may request the Executive Director to make a takings determination within fifteen (15) days of approval or disapproval of Ordinance No. NS-XXX 11A-13 Page 13 of 17 the Inclusionary Housing Plan. The Developer may file an appeal of the takings determination of the Executive Director within fifteen (15) calendar days after the date of the decision. Any appeal shall be subject to the provisions of Chapter III of the Santa Ana Municipal Code. (b) Presumption of facts. In making the takings determination, the Executive Director, shall presume each of the following facts: (1) Application of requirements. Application of the inclusionary housing requirement to the Residential Project; (2) Incentives. Application and utilization of all density bonuses and incentives available under State and local law; (3) Product type. Utilization of the most cost-efficient product type for the Inclusionary Units that would meet the standards of this Article; and (4) External funding. The reasonable availability of external funding. (c) Modifications to reduce obligations. If it is determined that the application of the provisions of this Article would be a taking, the Inclusionary Housing Plan shall be modified to reduce the obligations in the inclusionary housing component to the extent, and only to the extent necessary, to avoid a taking. If it is determined no taking would occur through application of this Article to the Residential Project, the requirements of this Article remain applicable. Section 10. Section 41-1908 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1908. Enforcement (a) Any violation of this Article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells or rents an Inclusionary Unit in violation of this Article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (c) Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Article, including actions: (1) To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and (2) For injunctive relief or damages. Ordinance No. NS-XXX 11A-14 Page 14 of 17 (d) Recovery of costs. In any action to enforce this Article, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs. Section 11. Section 41-1909 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-1909. Inclusionary Housing Fund (a) Inclusionary Housing Fund. There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Fund. All monies collected pursuant to this Article shall be deposited in the Inclusionary Housing Fund. Additional monies from other sources may be deposited in the Inclusionary Housing Fund. The monies deposited in the Inclusionary Housing Fund shall be subject to the following conditions: (1) Monies deposited into the Inclusionary Housing Fund must be used to increase and improve the supply of housing affordable to Moderate, Low and Very Low Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Article. (2) The fund shall be administered by the Executive Director, or his or her designee, who may develop procedures to implement the purposes of the Inclusionary Housing Fund consistent with the requirements of this Article and any adopted budget of the City. (3) Monies deposited in accordance with this Section shall be used in accordance with the City's Housing Element, Redevelopment Plan, Consolidated Plan, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre- home ownership co-investment, pre-development loan funds, participation leases, or other public-private partnership arrangements. The Inclusionary Housing Fund may be used for the benefit of both rental and owner-occupied housing. Section 12. Section 41-1910 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Ordinance No. NS-XXX 11A-15 Page 15 of 17 Sec. 41-1910. Administrative (a) Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article. (b) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article. Section 13. 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 2011 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX 11A-16 Page 16 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 11A-17 Page 17 of 17 11A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE ACADEMY CHARTER HIGH SCHOOL 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 Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for The Academy Charter High School at 1901 North Fairview Street. DISCUSSION Planning Division staff has received an application from the Orangewood Children's Foundation for the construction of a new charter high school to serve 450 students and house up to 80 students located at 1901 North Fairview Street. During the review of this project, it was determined that a mitigated negative declaration would be required to meet the requirements of the California Environmental Quality Act. As a result, staff has prepared a Request for Proposal for environmental services for this project and is seeking approval to send the document to three qualified environmental firms (Exhibit 1). Once proposals have been received and evaluated, the recommended firm will be submitted for review and action by the City Council. FISCAL IMPACT There is no fiscal impact associated with this request. Jay. Trevino Executive Director Planning and Building Agency LL:rb LL\Reports\RFCA for Orangewood Academy Exhibit: 1. Request for Proposals 19C-1 19C-2 REQUEST FOR PROPOSAL FOR The Academy Charter High School 1901 N. Fairview Street November 29, 2011 CITY OF SANTA ANA PLANNING DIVISION, M-20 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 Lucy Linnaus, AIA, Senior Planner (714) 667-2745 (714) 973-1461 Fax IIInnaus@santa-ana.org EXHIBIT 1 19C-3 I. INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of a mitigated negative declaration (MND) for a new private charter school at 1901 North Fairview Street, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, and related compliance with CEQA. This will include the preparation of a MND and required technical studies, on-call consulting on as needed basis, and attendance at public hearings. II. PROJECT DESCRIPTION Orangewood Children's Foundation has submitted a proposal to the City to construct a new private charter high school for 450 students on two parcels totaling approximately 7 acres. The campus will be comprised of 5 buildings to support education and 4 buildings to provide housing for approximately 80 students. The education component will be comprised of a two and a three story classroom building totaling approximately 46,800 square feet, a two story administrative/library/student union building totaling 37,200 square feet, a two story gymnasium totaling 25,800 square feet and a single story, 400 square foot mechanical equipment building. The residential component will be comprised of two, 3-story and one 2- story family unit building, serving 80 students in a total of 36,000 square feet and a single story administrative/support building totaling 5,000 square feet. The site was previously developed with hospital and medical building that have been mostly demolished, as only the building slabs remain. Several discretionary actions will be required for the project. In additional of a conditional use permit for a school, the applicant is requesting two variances: The first variance is to exceed the maximum building height on one building of the classroom buildings and the second is for a parking reduction. The applicant has submitted a parking needs assessment, prepared by Linscott Law and Greenspan. Further, a lot merger/lot line adjustment is being considered. Staff has been authorized by the City Council to distribute this Request for Proposals for environmental services to prepare this MND. 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 contract is approved by the City Council. 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. 2 19C-4 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. 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 of 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 RFP 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 RESPONSIBLITIES 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. 19C-5 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 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. It shall be the responsibility of the selected consultant to prepare the appropriate environmental documentation in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed MND, the following shall be addressed. Please identify the scope of work and related cost estimate by the categories listed below. A. Initiation of the Project/Kick-Off: Attend a kick-off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project; discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. The Public Works Agency is requiring that, at a minimum a site Traffic Impact Analysis (TIA) and a sewer capacity study be prepared. A more detailed scope of work will be provided to the selected consultant. Planning Division is requiring a review of the submitted parking study, and possibly noise light intrusion impacts. C. Preparation of the mitigated negative declaration: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project description, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the preparation of a draft MND shall be included as part of this task. D. Preparation of the final MND: The consultant shall prepare a final MND that is consistent with all applicable provisions of the California Environmental Quality Act. This will include the response to comments, the mitigation monitoring and reporting program, and all other related documents. 4 19C-6 E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the mitigated negative declaration. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick-off meeting with City staff 6 Progress meetings with staff 1 Planning Commission study session 1 City Council study session 2 Planning Commission hearings F. Deliverables: 10 per submittal Administrative & Draft MND (assume one review cycle per submittal) 20 Draft MND (for public review) 10 CD's that contain the Draft MND 20 Final MND (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) 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, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. VI. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on September 2, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. 19C-7 VII. 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 Tuesday, December 6, 2011 by 5:00 PM, and made attention to Lucy Linnaus, Senior Planner. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non-responsive. She can also be contacted at (714) 667-2745 or via email at Ilinnaus@santa-ana.org. 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, the associates in-charge when the Project Manager/Principal Agent is absent, and for that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume is also required. 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. 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. 6 19C-8 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. Project and Fee Schedule Orangewood Children's Foundation has expressed a need to commence school operations in September, 2013. In order to support their schedule, the city is requesting that the Consultant complete the preparation of the MND and all related studies on or before April 9, 2012. It is anticipated that the MND will commence its public review period on the week of April 16, 2012. The Project Schedule shall detail tasks and their anticipated duration. Should the consultant consider the accelerated schedule unachievable, the consultant shall submit an alternate project and fee schedule. 2. 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. C. 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. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. X. CONSULTANT SELECTION The City of Santa Ana may 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 consultant will be given by the City Council. It is anticipated that the City Council will authorize the consultant agreement on December 19, 2011. XI. 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. 7 19C-9 XII. PROFESSIONAL SERVICES AGREEMENT The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. XIII. INSURANCE REQUIREMENTS General liability, automotive, worker's compensation and professional liability insurance are required. The certificate shall include the City of Santa Ana and its officers and employees as insured or additional insured. XIV. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. XV. AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. Qualified firms including small businesses and businesses owned by Women, Minorities and Disabled persons are encouraged to submit bids or proposals. Contractors shall agree to comply with the City's ordinances and regulations regarding Affirmative Action and Equal Employment Opportunity. LLlreportslOrangewood RFP-exhibit to RFCA g 19C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: CONTRACT RENEW WITH BEN'S ASPHALT, INC. FOR ASPHALT POTHOLE REPAIR (SPEC. NO. 10-040) ?' ITY 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 Renew the contract with Ben's Asphalt, Inc., to provide asphalt pothole repair for a one-year period in an annual amount not to exceed $500,000. DISCUSSION The Public Works Agency's Maintenance Division is responsible for maintaining approximately 400 miles of roadway within the City of Santa Ana. Services provided under the asphalt pothole repair contract include the repair of all potholes and the repair of all damaged pavement areas not exceeding 100 sq. ft. in area with asphalt overlay. On November 15, 2010, the City Council awarded the asphalt pothole repair contract to Ben's Asphalt, Inc. for a one year period, with provisions for three, one-year renewals. Over the past year, Ben's Asphalt has utilized over 700 tons of asphalt concrete to fill small damaged pavement areas and filled approximately 25,000 potholes. Ben's Asphalt has exceeded performance expectations and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Agency Roadway Maintenance Account (accounting unit 02917660- 62300). APPROVED AS TO FUNDS AND ACCOUNT: Raul Godinez II V Executive Director Public Works Agency PG, KM Francisco Gutierrez f 6 Executive Director Finance & Mgmt. Services Agency 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: PAYMENT AUTHORIZATION TO WILLIAMS AND MAHER FOR ELECTRICAL SERVICES (SPEC. NO. 06-064) i ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize payment to Williams and Maher for electric services in the amount not to exceed $115,000. DISCUSSION The City maintains in excess of 50 buildings including Fire stations, Police Department and Jail facility, recreation and senior centers, park restrooms, and libraries, as well as City Hall and the Corporate Yard. Electrical services are required by all City departments for the purposes of rewiring installation of outlets and general electrical maintenance. Occasionally, critical electrical failures require an immediate response to maintain safety on vital operations. The contract for electrical services provides for both maintenance and emergency services for all City departments. Over the past contract period, the City has experienced a higher than anticipated major electrical service demand such as the removal of old uninterruptible power supply (UPS) units and install of new units at the Police Department, immediate servicing of all mechanical rooms at the Police Department and Jail as well as the shooting range. The Corporate Yard replaced the electrical cables to the gate control and repair work on the lighting circuit to First Street sign monument. At the Santa Ana Stadium, thirty-two 1500 megawatt lamps were replaced. Services have been rendered by Williams and Maher and staff recommends payment of all outstanding invoices to bring closure to the contract. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds account (no. 62320). Francisco Gutierrez Executive Director Finance and Management Services Agency km 22B-1 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 28, 2011 TITLE: 2011-2012 OMNIBUS CONCRETE REPLACEMENT CONTRACT (PROJECT NO. 126752) APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ ITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Relieve C.J. Concrete Construction, Inc. of its bid in the amount of $237,500. 2. Award a contract to Bannaoun Engineers Constructors Corp., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $243,150 for construction of omnibus concrete replacement. 3. Approve a funding analysis with a total estimated construction cost of $296,800. DISCUSSION This project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches, and concrete pavement at various locations throughout the city. The work will be performed on an as-needed basis. The notice inviting bids was advertised on September 28 & 29, 2011 and bids were opened on October 19, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana contractors receiving notices: 8 Contractors requesting bidding documents: 20 Bids received: 7 Bids received from Santa Ana contractors: While the City made outreach efforts to Santa Ana contractors regarding the notice inviting bids, only one of the eight Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper. The other seven Santa Ana contractors did not submit a bid because they are not capable of performing this type of work, or they work as a subcontractor to other prime contractors. 23A-1 2011-2012 Omnibus Concrete Replacement Contract November 28, 2011 Page 2 The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Bannaoun Engineers Constructors Corp. Chatsworth $243,150 2. Interlog HYM Engineering Brea $246,325 3. Kormx Inc. West Covina $288,100 4. Hardy &Harper Santa Ana $406,000 5. Nobest Incorporated Westminster $458,000 6. All American Asphalt Corona $637,790 A total of seven bids were received and all but one were responsive. The bid submitted by C.J. Concrete Construction Inc. had bid prices of $8 per ton of asphalt concrete and $70 a foot for Portland cement concrete grinding. The market prices for these bid items on this project, based on an average price of all the other bidders, are $180 and $15, respectively. C.J. Concrete Construction Inc. has requested to be relieved of its bid, stating that a clerical error had been made in filling out the bid. After examining C.J. Concrete Construction Inc.'s bid, staff has found sufficient grounds for the relief of the bid, and therefore recommends that C.J. Concrete Construction Inc.'s request be granted. The lowest bid was submitted by Bannaoun Engineers Constructors Corp. for $243,150, which is above the Engineer's estimate of $225,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2011-73 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $296,800 for the project (Exhibit 1). Funds are available in the Measure M2 Street Construction Fund (accounting unit 03217662-66220) and other funds as needed. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II V Executive Director Public Works Agency Francisco Gutierrez r%13 Executive Director Finance & Management Services Agency RGNVA Exhibit: 1. Funding Analysis 23A-2 FUNDING ANALYSIS PROJECT NO. 126752 OMNIBUS CONCRETE REPLACEMENT CONTRACT Construction Contract $243,150 Contract Administration $3,335 Inspection and Testing $18,000 Survey Staking $8,000 Contingencies $24,315 TOTAL ESTIMATED CONSTRUCTION COSTS 296 800 Exhibit 1 23A-3 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: APPROVED CLERK OF COUNCIL USE ONLY: CONTRACT AWARD FOR ? As Recommended SEVENTEENTH STREET TRIANGLE ? As Amended El Ordinance on 1ST Reading (PROJECT NO. 096035) ? Ordinance on 2"d Reading (STATE RESOURCES AGENCY GRANT ? implementing Resolution FUNDED) ? Set Public Hearing For CONTINUED TO i CITY MANAGER FILE NUMBER RECOMMENDED ACTION Award a contract to Greenland Construction Inc., the lowest responsible bidder, in accordance with unit bid prices for the Base Bid plus Add Alternate Two in the estimated amount of $140,740 for construction of the Seventeenth Street Triangle project. 2. Approve a Funding Analysis with a total estimated construction cost of $196,900. DISCUSSION The Seventeenth Street Triangle is a County owned parcel of undeveloped land along the east side of the Santa Ana River, north of Seventeenth Street (Exhibit 1). A lease agreement was approved in 2010 between the City and the County of Orange for the land and the improvements for the proposed project. The Santa Ana River Vision Plan, which was adopted by the City Council on August 7, 2006, identified this area as an opportunity to enhance trail access to Edna Park as well as habitat restoration, interpretive information and scenic improvement to trail users. The proposed project includes landscaping with native plants, irrigation utilizing reclaimed water and railing. Add Alternate Two provides for a viewing deck and site furnishings. The improvements will provide a space for trail users to rest as well as view the existing habitat area. The project is funded with a State of California California Rivers Parkway Program: Proposition 50 Grant, which provides funding for the restoration and development of river parkways in accordance with the California Rivers Parkway Act of 2004. The Notice Inviting Bids was advertised on September 22 and 23, 2011 and bids were opened on November 2, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23B-1 Contract Award for Seventeenth Street Triangle November 28, 2011 Page 2 Santa Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 15 Bids received: 5 Bids received from Santa Ana Contractors: 1 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only three requested plans, and only one submitted a bid as a prime contractor. All plan holders were telephoned on November 2, 2011 to verify receipt of Addenda and to inquire about their intention to bid. One Santa Ana firm indicated they did not perform the type of work required and the second firm could not be reached. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BASE BID PLUS ADD ALTERNATE ONE 1. Greenland Construction Inc. Canoga $72,497 2. STL Landscape, Inc. Los Angeles $75,000 3. KASA Construction Ontario $83,164 4. Hondo Company Santa Ana $85,660 5. Aramexx Construction Chino Hills $108,272 A total of five bids were received and all were responsive. The bidding documents require that the lowest responsible bidder be determined based on the lowest base bid plus Add Alternate One. The lowest bid was submitted by Greenland Construction, Inc. for $72,497, which is below the Engineer's estimate of $89,480. However, due to competitiveness of the bids, the City is able to award Add Alternate Two, which includes a viewing deck and wood railing in addition to a wrought iron fence as outlined in Add Alternate One. Add Alternate Two is completely within the allocated grant amount. The amount to be awarded will include the base bid plus Add Alternate Two in the total amount of $140,740. ENVIRONMENTAL IMPACT Environmental Review #ER-06-170 has been completed and a Negative Declaration has been filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $196,900 for the project (Exhibit 2). Funds are available in the State Resources Agency Grant Fund (1611326266220) and the Park Acquisition and Development Fund (3111326066220). 23B-2 Contract Award for Seventeenth Street Triangle November 28, 2011 Page 3 Raul Godinez II Executive Director Public Works Agency '?4 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet ? Executive Director Parks, Recreation, and Community Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 23B-3 23B-4 i ! i Ili i i 1 all ill J i 1 a. 1 ! i i i i i ?O L l? ?P P * IiE ? ,S ? ! 4 4 1 1 1 ? 11411111 ? 4 E E!!! 1 4 1 1 1 i illllll111EIE!!IlIIIIIIi1111111 0 L? r r i 17th St. EXHIBIT 1 17TH ST Triangle i M NTS fy0 ORA NCB SANTA ANA C I T Y COUNCIL CONTRACT AWARD FOR ?L AGENDA DATE: 17TH STREET TRIANGLE (P?T 09-603'"'5) PUBIC WORKS AGENCY NOVEMBER 21, 2011 '2 FUNDING ANALYSIS PROJECT NO. 096035 SEVENTEENTH STREET TRIANGLE Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $140,740 $7,600 $9,200 $4,175 $35,185 196 900 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD FOR DIAMOND ? As Recommended PARK MUTUAL WATER COMPANY ? As Amended ? Ordinance on 15t Reading WATER MAIN IMPROVEMENTS ? Ordinance on 2nd Reading (PROJECT NO. 106404 REBID) ? Implementing Resolution PROPOSITION 84 GRANT ? Set Public Hearing For_ CONTINUED TO ?0?,CITY MANAGER RECOMMENDED ACTION FILE NUMBER Approve an appropriation adjustment accepting funds in the amount of $1,121,727 into the Miscellaneous Revenue Fund for State Grants (accounting unit 16417002-52025) and appropriating $1,121,727 to the Public Works Water Quality and Control Expense Fund for Water Capital Improvements (accounting unit 16417640-66301) 2. Award a contract to J.A. Salazar Construction and Supply Corporation, the lowest responsible bidder, in accordance with unit bid prices for estimated amount of $593,068.50, for construction of Diamond Park Mutual Water Company Water Main Improvements. 3. Approve a Funding Analysis with a total estimated construction cost of $771,000. DISCUSSION The Diamond Park Mutual Water Company (DPMWC) is a privately owned water system that provides domestic water service to approximately 144 residences in the City of Santa Ana. (Exhibit 1). The well serving DPMWC is contaminated with high levels of nitrates and does not meet Title 22 drinking water standards. Moreover, DPMWC does not have regular certified water distribution operators and cannot afford to purchase a water treatment system. Therefore, the State Department of Public Health (DPH) together with the DPMWC is requesting that water service be provided by the City of Santa Ana. In order for service to be provided, water services must be connected to the Santa Ana public water system. Improvements include distribution mains, services, hydrants and isolation valves and abandonment of the existing private well. Once completed, the residents will have access to City water. In accordance with Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Proposition 84 Grant) requirements, a resolution was adopted by the City on July 18, 2011 allowing the City to accept State Grant Funding, construct public water system improvements and provide servic tQf?m?r customers of DPMWC. Following adoption of Contract Award For Diamond Park Mutual Water Company Water Main Improvements November 28, 2011 Page 2 the resolution, the City received a Letter of Commitment that promises funding and authorizes construction of the water improvements for DPMWC while awaiting completion of the Proposition 84 Grant funding application. This project was previously bid in September 2011. Originally, a combination of Proposition 84 Grant funds and a State Revolving Fund (SRF) loan were intended to be used for the project. The SRF loan required a Disadvantage Business Enterprise goal be applied to the project. Since then, Proposition 84 has been identified as the sole funding source for this project and the disadvantaged business goal was no longer required. On this basis, the City Council rejected all bids and directed staff to rebid with a revised bid package that excluded the SRF requirements from this project. The Notice Inviting Bids was advertised on October 19 and 21, 2011 and bids were opened on November 9, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 6 Contractors requesting bidding documents: 18 Bids received: 11 Bids received from Santa Ana Contractors: 0 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only one requested plans. The five remaining plan holders were telephoned to inquire about intent to bid. One Santa Ana firm indicated they did not perform the type of work required, one indicated they didn't received the notice, and the other firms could not be reached. The bids received are as follows. NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. J.A. Salazar Construction & Supply La Habra $593 068.50 Corporation , 2. Dominguez General Engineering, Inc. Rosemead $652,050.00 3. T.E. Roberts, Inc. Tustin $657,093.00 4. Kana Pipeline. Placentia $674,443.00 5. Stephen Doreck Equipment Rentals Pico Rivera $678,285.75 6. Garcia Juarez Brea $729,305.00 7. John T. Malloy, Inc. Los Angeles $748,029.00 8. VCI, Inc. Upland $771,490.00 9. Paulus Engineering Anaheim $894,554.00 10.Excel Paving Company Long Beach $918,495.00 11. TBU, Inc. Beaumont $920,224.50 A total of eleven bids were received and all were responsive. The lowest bid was submitted by J.A. Salazar Construction & Supply Corporation for $593,068.50, which is below the Engineer's Estimate of $978,026. The low bid is a !? r oi;lhe downturn of the economy, the competitive Contract Award For Diamond Park Mutual Water Company Water Main Improvements November 28, 2011 Page 3 market and the fact that the Engineer's Estimate was based on the original State Revolving Fund Grant application. ENVIRONMENTAL IMPACT In Accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2010-139 has been filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $771,000 for the project (Exhibit 2). Upon approval of the appropriation adjustment, funds will be available in the Public Works Water Quality and Control Expense Fund (accounting unit 16417640-66301). r-- Raul Godinez II Executive Dire v Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 23C-3 VICINITY MAP EXHIBIT 1 3,160 L.F. OF 8" P.V.C. WATER MAIN 1,100 L.F. OF 12" P.V.C. WATER MAIN Title: City Council DIAMOND PARK MUTUAL WATER COMPANY Agenda Date WATER MAIN IMPROVEMENTS V NOVEMBER 28, 2011 (PROJECT 10-6404) OM i 1 23C-4 FUNDING ANALYSIS PROJECT NO. 106404 (REBID) DIAMOND PARK MUTUAL WATER COMPANY WATER MAIN IMPROVEMENTS PROJECT Construction Contract $593,069 Contract Administration $38,504 Inspection and Testing $50,467 Contingencies $88,960 TOTAL ESTIMATED CONSTRUCTION COSTS 771 0 0 Exhibit 2 23C-5 23C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED CONTRACT AWARD FOR CATALINA ? As Recommended STREET PUMP OWNERS ? As Amended ASSOCIATION WATER SERVICE El Ordinance on Reading El Ordinance on 2 n "d Reading CONNECTION (PROJECT NO. 106403) ? Implementing Resolution PROPOSITION 84 GRANT ? Set Public Hearing For_ CONTINUED TO Qv?\S'm' r , --, ??' 4 1 CITY MANAGER FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment accepting funds in the amount of $441,651 into the Miscellaneous Revenue Fund for State Grants (accounting unit 16417002-52025) and appropriating $441,651 to the Public Works Water Quality and Control Expense Fund for Water Capital Improvements (accounting unit 16417640-66301). 2. Award a contract to Stephen Doreck Equipment Rental, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus in the estimated amount of $169,120.45 for construction of the Catalina Street Pump Owners Association Water Service Connection Project. 3. Approve a Funding Analysis with a total estimated construction cost of $245,200. DISCUSSION The Catalina Street Pump Owners Association (CSPOA) is a privately owned water system that provides domestic water service to approximately 54 residences in the City (Exhibit 1). The well serving CSPOA is contaminated with uranium and does not meet Title 22 drinking water standards. In addition, CSPOA does not have certified operators and cannot afford to purchase a water treatment system. Therefore, the State Department of Public Health and CSPOA are requesting that water service be provided by the City. Improvements include installation of new water services and abandonment of the existing private well. Once completed, the residents will have access to City water. In accordance with Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006 (Proposition 84 Grant) requirements, a resolution was adopted by the City on July 18, 2011 allowing the City to accept State Grant Funding, construct public water system improvements and provide service to former customers of CSPOA. Following adoption of the resolution, the City received a Letter of Commitment that promises funding and authorizes 23D-1 Contract Award For 106403 CSPOA Water Service Connections November 28, 2011 Page 2 construction of the water improvements for CSPOA while awaiting completion of the Proposition 84 Grant funding application. This project was previously bid in September 2011. Originally, a combination of Proposition 84 Grant funds and a State Revolving Fund (SRF) loan were intended to be used for the project. SRF loan required a Disadvantage Business Enterprise goal be applied to the project. Since then, Proposition 84 has been identified as the sole funding source for this project and the disadvantaged business goal was no longer required. On this basis, the City Council rejected all bids and directed staff to rebid with a revised bid package that excluded the SRF requirements from this project. The Notice Inviting Bids was advertised on October 19 and 21, 2011, and bids were opened on November 9, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 6 Contractors requesting bidding documents: 15 Bids received: 7 Bids received from Santa Ana Contractors: 0 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only one requested plans. The five remaining plan holders were telephoned to inquire about intent to bid. One Santa Ana firm indicated they did not perform the type of work required, one indicated they didn't receive the notice, and the other firms could not be reached. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Stephen Doreck Equipment Rental, Inc. Pico Rivera $169,120.45 2. John T. Malloy, Inc. Los Angeles $176,017.80 3. Garcia Juarez Construction, Inc. Brea $ 177,898.00 4. Dominguez General Engineering, Inc. Rosemead $ 187,110.00 5. J. A. Salazar Construction & Supply Corp. La Habra $ 192,228.80 6. Paulus Engineering, Inc. Anaheim $ 219,265.00 7. T.B.U. Inc. Beaumont $ 265,080.00 A total of seven bids were received and all were responsive. The lowest bid was submitted by Stephen Doreck Equipment Rental, Inc. for $169,120.45, which is below the engineer's estimate of $337,516. The low bid is a result of the downturn of the economy and the competitive market and the fact that the Engineer's Estimate was based on the original State Revolving Fund Grant application. 2301-2 Contract Award For 106403 CSPOA Water Service Connections November 28, 2011 Page 3 ENVIRONMENTAL IMPACT In Accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2009-19 has been filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $245,200 for the project (Exhibit 2). Upon approval of the appropriation adjustment, funds will be available in the Public Works Water Quality and Control Expense Fund (accounting unit 16417640-66301). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director- Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis 23D-3 VICINITY MAP EXHIBff 1 551" WATER SERVICES SANTA ANA Title: City Council CATAUNA STREET PUMP OWNER'S ASSOCIATION P W A Agenda Date WATER SERVICE CONNECTIONS (REBID) PUBLIC WORKS AGENCY NOVEMBER 2#2011 (PROJTI V''F ST NTS ?O?G p,'t L N ???'S FUNDING ANALYSIS PROJECT NO. 106403 CATALINA STREET PUMP OWNERS ASSOCIATION WATER SERVICE CONNECTION Construction Contract $169,120 Contract Administration $ 7,344 Inspection and Testing $ 18,000 Contingencies $ 50,736 TOTAL ESTIMATED CONSTRUCTION COSTS 1245,200 Exhibit 2 23D-5 23D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: CONTRACT AMENDMENT WITH J & G INDUSTRIES INC. FOR DEMOLITION SERVICES (PROJECT 116744 GRANT FUNDED) (?6AQ,tv-- ,?F-TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Amend the demolition contract with J & G Industries, Inc by $400,000 for a total contract amount of $550,000, in order to provide for the demolition of 1631 North Bristol Street, which is part of the Bristol and Seventeenth Street widening project. DISCUSSION On October 18, 2010, the City Council authorized the Public Works Agency to release a Request for Proposals (RFP) to qualified firms to provide right-of-way-related services for the City's Capital Improvement Program (CIP). The RFP for the above services was sent to 12 firms who specialized in this field. After review and evaluation of the 12 proposals by personnel from the Public Works Agency, Community Development Agency, and the City Attorney's Office, J& G Industries Inc. was recommended. On April 4, 2011, the City Council awarded a contract to J & G Industries, Inc. for demolition services in the amount of $150,000 based on projects identified at that time. As part of the Bristol and Seventeenth intersection widening project, it had been determined that demolition of the building located at 1631 North Bristol Street will be required. The contract for the construction of the intersection project has been awarded and the contractor's work has been placed on hold pending the demolition of the building. The complicated tenant relocation process associated with this commercial building included relocating thirteen businesses. The last tenant vacated the premises on November 11, 2011. This was the first opportunity for the City to inspect the building, conduct surveys, and solicit a complete bid from J&G Industries for the demolition of the building. After conducting a thorough inspection and performing the asbestos and lead survey, J&G submitted a demolition bid of $350,000. 23E-1 Contract Amendment with J &G Industries Inc. November 28, 2011 Page 2 This bid amount is within the engineer's estimate; however, this bid amount exceeds the remaining amount available on J&G's contract. In order to meet the funding deadlines imposed by OCTA and complete the demolition by April 30, 2012, an increase in the amount of $400,000 to the J&G Industries Inc. is required. The alternative to amending the contract is to start a new RFP process for the services; however, this alternative will delay the demolition of the building by a minimum of three months and the City will risk losing the Measure M grant funds in the amount of $3.2 million. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Bristol 17th Street Widening Project (accounting unit 05917661). w Raul Godinez II Executive Directo Public Works Agency RG/SA Exhibit: Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23E-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 28, 2011, by and between J & G INDUSTRIES, INC., a California corporation ("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 ("City"). RECITALS: A. The parties entered into that certain Agreement A-2011-097, dated April 4, 2011 (hereinafter "said Agreement") by which Contractor has provided demolition and land clearing services in relation to right of way acquisitions. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation in order to pay for additional demolition services, and extend the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide that Contractor shall provide demolition services to remove the building located at 1631 North Bristol Street, Santa Ana, California. 2. Section 2, COMPENSATION, shall be amended to add $400,000.00, for a total not to exceed amount of $550,000.00. "City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges set forth in Exhibit B, attached to said Agreement. The total sum to be expended under this Agreement shall not exceed $550,000.00, during the term of this Agreement." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// /// 23E-3 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 By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager J&G INDUSTRIES, INC. JAMES K. CAIN President 23E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AMEND AN AGREEMENT FOR ENVIRONMENTAL SERVICES WITH URS CORPORATION TO PREPARE AN EIR FOR A 24-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2r° Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with URS Corporation for environmental services in an amount not to exceed $23,235 for a new 24-unit single-family residential development at 1584 East Santa Clara Avenue, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In April 2010, Tava Development contacted the City with hopes to re-commence development of the former Empire Homes 24-unit single family residential development at 1584 East Santa Clara Avenue. The Tava Development proposal was proposed to be similar in scope, layout and quality to the project previously proposed by Empire Homes. Due to the potential for significant environmental impacts, an environmental impact report (EIR) was required for this project pursuant to the California Environmental Quality Act. A Request for Proposal was circulated to three qualified environmental firms in 2007 as a part of the Empire Homes proposal. URS Corporation was selected as the environmental consultant and it thereafter began work on the EIR. URS had nearly completed the draft EIR when, in 2009, Empire Homes decided to cancel the project due to economic circumstances. Work on the EIR was discontinued at that time. An agreement with URS was originally approved in December 2010 in the amount of $48,335. During the scoping process for the EIR, it was determined that a new initial study would need to be prepared for the project and additional traffic analysis beyond the original scope of work would be necessary. As a result, staff is requesting that an amendment to the agreement be executed with URS in an amount not to exceed $23,235. This agreement will remain in effect until completion of the EIR. The entire cost of this work has been covered by the developer; and funds in this amount have already been deposited with the City. 25A-1 Agreement with URS Corporation November 28, 2011 Page 2 FISCAL IMPACT This agreement will not impact any City/Agency funds. Funds in the amount of $23,235 will be deposited by Tava Development into the Planning and Building Agency account for contractual services (No. 09801001-24035) prior to the consultant commencing any work. APPROVED AS TO FUNDS AND ACCOUNTS: Ja vino E' cutive Director Planning and Building Agency VF:rb vt\reports\URS Corporation EIR contract amendment.cc112111 Exhibit: 1. Agreement Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on , 2011, by and between URS CORPORATION, a Nevada corporation ("Consultant"), doing business as URS Corporation Americas, and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Professional Services Agreement #A-2010-233, dated December 6, 2010, (hereinafter "said Agreement") by which Consultant provided professional environmental reports and services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and Compensation to include additional required CEQA services for the TAVA Development project. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the TAVA Development project environmental review, as set forth in Consultant's Request for Change Order for Focused Environmental Impact Report dated August 11, 2011, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, shall be amended to increase total compensation to Consultant by an amount not to exceed $23,235 in additional compensation to pay for the specific SCOPE OF SERVICES added by this First Amendment to Professional Services Agreement, as identified in the Fee Estimate in Exhibit A attached hereto and incorporated herein by this reference, 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Professional Services Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan 0. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager URS CORPORATION HARLEY S. MARTIN Vice President 25A-4 EHIBIT A (Attached) 25A-5 August 11, 2011 Mr. Vincent C. Fregoso, AICP City of Santa Ana Planning and Building Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 RE: TAVA Development - Request for Change Order for Focused Environmental Impact Report. Dear Mr. Fregoso: URS is pleased to continue providing CEQA planning services for the TAVA Development project. NVe revised our scope of work and cost estimate based on our telephone conversation on July 13, 2011. This letter presents our revised scope and cost estimate (including subconsultants) for the project and requests your written authorization to proceed. Revised Scope of Work Task I - Project Management As a result of requested additional services and subsequent scope and schedule changes, the level of effort associated with project management tasks (project contract revisions and setup, invoicing, and progress reporting) has increased to be consistent with the approximately four month schedule extension. Task 2 - Traffic Impact Study Revisions (KOA) URS' traffic sub-consultant, KOA Corporation (KOA), updated traffic counts at the original locations and conducted three field reviews to confirm lane widths, geometry, and speed limit signage. KOA will update the previously prepared and City-approved Traffic Impact Study as agreed to by and with the City. Task 3 - Update Biological Resources Technical Memorandum URS will analyze the previously prepared Biological Resources Memorandum to include a background literature records search and a field survey and prepare an updated technical memorandum to document the findings. Task 4 - Prepare New Notice of Preparation and CEOA Initial Study' Utilizing the most current CEQA Checklist (Appendix G of the CEQA Guidelines) URS will revise the previously prepared Initial Study document. The original Initial Study was prepared in accordance with the CEQA Checklist in 2008. The current CEQA Checklist includes a requirement to analyze greenhouse URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 Tel: 714.83£3.6886 Fax: 714.667.7147 vnvw.urscorp.com 25A-6 gases (GHG), thus the new Initial Study will address GHG. Following the City's review and comment on the draft Initial Study, URS will revise and incorporate comments as appropriate. URS will prepare a Notice of Preparation (NOP) for the project. URS will also prepare a Notice of Completion and Environmental Document Transmittal form for submittal to the Office of Planning and Research, State Clearinghouse Office. The submittal will include fifteen (15) hard copies of the Initial Study document, one copy of the Notice of Preparation, and one copy of the Notice of Completion and Environmental Document Transmittal form. URS will verify that the submittal is filed and catalogued with the State Clearinghouse in a timely manner to begin the 30 day review process of the NOP and Initial Study document. Any public comments received on the NOP and/or Initial Study will be addressed in the Environmental Impact Report (EfR), as necessary. URS attended a public scoping meeting on June 1, 2011 for the TAVA Development project. The objective of the meeting was to solicit comments from the public regarding potential environmental effects that should be addressed in the Draft EIR. URS assisted the City in recording comments received at the scoping meeting, and also prepared a City-addressed comment card for the public to provide written comments. URS prepared a tabular summary of the comments received at the meeting, which was addressed in the Draft EIR, as necessary. It was anticipated that the City. would provide all exhibit figures for display, and secure the venue for the meeting. The public scoping meeting was "open house" style, with stations set up for questions and comments from the public. URS provided one Environmental Staff for the meeting. Task 5 - Ut)date Draft EIR The Draft EIR will be updated to reflect the conditions presented in the current technical studies. Public comments on the NOP wilt also be incorporated into the Draft EIR, as appropriate. In addition to the technical revisions, the public scoping summary will be revised to reflect the second NOP, as well as updated references and appendices. URS will analyze six alternatives, including the No Build Alternative. URS will also analyze the traffic queues as a result of school-related traffic nearby at J. Muir Elementary School, and its effects on the proposed project. URS will provide 23 hard copies (20 for City, 3 for Applicant), 25 CD's (10 for City use, 15 for State Clearinghouse submittal), and 15 hard copies of the Executive Summary for State Clearinghouse submittal. URS will also prepare the Notice of Completion and Environmental Document Transmittal form for submittal to the State Clearinghouse. URS will prepare and submit the package to the State Clearinghouse via overnight delivery. URS will also provide PDF files to the City, with the Draft EIR broken into individual sections, for the City to upload onto the City website. It is assumed that the City will send any notices to a newspaper of general circulation, post the site, and mail hard copies (provided by URS) of the Draft EIR to any interested parties/agencies. Cost Estimate The time-and-materials cost estimate to perform the work described herein is $231235.00 Attachment A includes the detailed fee estimate. Thank you and we look forward to continue working with the City on this important project. Should you have any questions regarding this proposal, please call me at (714) 835-6886. 25A-7 Sincerely, URS CORPORATION yY 1 Harley Martin Project Manager Vice President Attachment A - Pee Estimate 25A-8 ATTACHMENT A Fee Estimate 25A-9 W 0. O J t!1 D N ? ? N a' zcr) ?. Q 4 N LL O U ? S S S S E o $ a - N n N ll N ° ? c N U E ?. z e u `o ?? a G 8i °? U oo n a E a y Q 2$o ??p R? m U yy N N N N N N y ? 3 0 p0 .L c y y .- N m a Ul M d W '° b ? y ? m ? H s N `m me •[`u a o F 6 y N O ? M N d N M N y N b N N „ y M E a qb _g C + - N L ?? u N R •- n r m o G a° o° ? u ? N olS? ° ? ? E ? 02+ qq b 3 ? e? ? n Z 4FF ;asno $ m g? s m? e d yu a Q Q $m5C7 3 p ob; ?$- z `a L7 s m i Ew w a ? ?5 a ?- e _ JE 9p ao m K ° o JE U' c U E ?w w _$p7i a'' ° E anS7 a doc EE E V gX ° s g q °9 ' E ??o c c ? o y O 0 ? a y ao p o S ? i s aV? '' ` - o[ ?i ? 3?,E%mi 6 .7S ?Sv s ? c £g ? m Q 'a 'moo ?°? ° ? cinz _°> 2 ? ° c4 c o u m E . E m t ? u0$~ fi @ ms ao c 2? ` e P ?-?2 m2 m Z i3 g ? i 1s E @? 'o° ea u sR d g 3s a . ? 'n $? $ -'H1 .?m n o ?' ffi ? $?S ?E? S c a ? F? ?n ° } nst v a c ? `a c9 g3 a? moos ava-c o we I u? s$ P c-°• <? 08 Gm?_ ` i cTr«° ° u USf9 oa t w o Q) inu L) m ¢ o a 0 > a° n F a F? ao? F? a nu FU y t= 25A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AGREEMENT WITH MX LIVE TO PROVIDE EVENT PRODUCTION SERVICES FOR DOWNTOWN EVENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f 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 Mx Live to provide event production services for the downtown Cinco de Mayo and Fiestas Patrias events for a two-year period, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION For 12 years, Santa Ana has conducted an annual two-day Cinco de Mayo Fesitval in historic downtown Santa Ana, which is Orange County's largest Cinco de Mayo event. The 2011 Festival included Top Latin Billboard entertainment throughout the entire weekend including Fobia, Mexican Institute of Sound, Gustavo Galindo, Ceci Bastida and Grammy winning world music act, Ozomatli. The event also included food and non-food vendors, carnival rides, and a beer garden. For 34 years, Santa Ana has conducted an annual two-day Fiestas Patrias event, which is Orange County's largest Mexican Independence Day street festival. Each year over 200,000 visitors attend the weekend festivities to enjoy food and non-food vendors, a carnival, "El Grito" ceremony, parade, film festival and Top Latin Billboard entertainment lined up during the entire weekend. An important aspect of these events is to promote the Santa Ana downtown area and local merchants. On September 6, 2011, City Council authorized the release of an RFP for event production services and on September 9, 2011 staff issued the RFP to 14 potential event production proposers. A pre-proposal conference was conducted on September 20, 2011 and three vendors submitted proposals for consideration. Live Marketing, Mars Entertainment and MX Live each submitted proposals for review. A five member evaluation committee consisting of representatives from Parks, Recreation and Community Services, Community Development, Planning and Building, the City Manager's Office and the Police Department evaluated and rated the three proposals. 25B-1 MX Live Agreement November 28, 2011 Page 2 The proposals were evaluated based on the vendor's Responsiveness to the RFP (30%), Experience of Firm and Personnel (30%), and Past Performance on similar contracts (40%). The results of the evaluation process are as follows. Vendor Score MX Live 416 Live Marketing 309 Mars Entertainment 295 MX Live was rated highest, scoring 416 out of a maximum 500 points. Live Marketing scored 309, and Mars Entertainment scored 295 points. The evaluation committee rated MX Live the highest as a result of the quality of their proposal and the company's experience conducting similar events around California, including past Santa Ana Cinco de Mayo and Fiestas Patrias events. MX Live will work in cooperation with City staff to develop and produce the overall brand, develop and implement a detailed promotional strategy, develop and implement a sponsorship plan, and execute the event production, coordination, and artistic management of the events. No City funds will be used to produce these events - MX Live will be responsible for developing and implementing a sponsorship plan that provides all funding. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 25B-2 ENTERTAINMENT MANAGEMENT SERVICES AGREEMENT This Agreement is entered into on , 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 CCG, Inc., dba is MX Live entertainment, a California Corporation (hereinafter referred to as "Event Producer"). RECITALS A. The City desired to retain a firm having special skill and knowledge in the field of promotion of special events in order to plan and produce the 2012 and 2013 Cinco de Mayo and Fiestas Patrias Festivals for the City. B. Event Producer represents that it has produced similar Events in previous years and that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Event Producer in the field. 1. SCOPE OF WORK Event Producer shall provide all necessary equipment, resources and manpower to develop, produce, and manage the Cinco de Mayo Festival ("Event I") and the Fiestas Patrias Celebration ("Event II" ), in the downtown area of the City of Santa Ana, as set forth below and in compliance with the Operational Conditions attached hereto as Exhibit A, and incorporated by this reference. The Scope of Work shall be as set forth below, together with Exhibit A. Unless specifically referenced as Event I or Event II, the terms and conditions apply to both Events. a) PRE-EVENT MEETING. Event Producer shall attend a minimum of one pre-event meeting to be scheduled by City no later than 60 days prior to each Event to include all city and county agency representatives that regulate and/or provide services before, during, and after Events. Upon completion of such meeting a Pre-Event Letter of Agreement defining specific details approved by the City, including all items set forth below shall be provided by City no later than two weeks prior to each Event. Event Producer shall abide by all terms and conditions set forth in the Pre-Event Letter of Agreement in addition to those set forth herein and in the Operational Conditions attached hereto as Exhibit A. b) EVENT HOURS. The Events will each be scheduled over a two day weekend period for approximately 10 to 12 hours each day plus set up and tear down time scheduled before and after each Event. The final schedule shall be mutually agreed between City and Event Producer. i) Cinco de Mayo - will be scheduled on or around May 5, 2012 and 2013. ii) Fiestas Patrias - will be scheduled on or around September 16, 2012 and 2013. c) TRAFFIC CONTROL. i) Street closures shall commence no earlier than the Thursday prior to each Event and will be staggered to minimize impact to drivers and residents. ii) Street reopening to vehicular traffic on Main and Broadway must be complete no later than 6:00 am the Monday following each Event. 25B-3 iii) Street reopening to vehicular traffic within the entire festival boundaries with the exception of the carnival area must be complete no later than 8:00 am the Monday following each Event. iv) Street reopening to vehicular traffic of carnival area must be complete no later than 5:00 pm the Monday following each Event. v) Final schedules for street closures and reopening shall be approved by the City. vi) "No Parking" signage must be posted on those portions of the street that will be affected by the closure 24 hours in advance of the event. Said posting shall be conducted by City staff and reimbursed by Event Producer. vii) Event Producer shall pay for the set up and tear down of traffic control barriers. Event Producer shall pay for and maintain private security staffing for all barricaded streets to maintain traffic control during each Event as approved by the City's Police Department following the specification of the City's Public Works Agency's Traffic Division. d) LOGISTICAL PLAN. Event Producer shall develop a well structured logistical plan ensuring that all aspects of the Events are well-coordinated prior to, during, and immediately following each Event, including considerations for addressing the needs of the downtown merchants and residents as follows: i) LAYOUT and BOOTHS. The layout of each Event, including the placement of vendor and sponsor booths with designated boundaries for each booth, stages, carnival rides and booths, equipment set up, etc., shall be approved by the City. The Event Producer shall submit to the City the first layout draft 60 days prior to each event at the pre-event meeting. ii) VENDORS. Event Producer shall submit to City a list of all festival and parade vendors no later than 2 weeks prior to each event, including festival and parade vendors with required business license and health department clearance. City may, in its sole discretion, disapprove any such vendor. ill) PERMITS. Event Producer shall secure all required permits for festival area no later than 30 days prior to each event unless otherwise indicated, including but not limited to (a) Electrical permits for booths (b) Stage permits as required by the City's Planning and Building Department (c) Tents and canopies larger than 10 feet by 10 feet as required by the City's Planning and Building Department (d) Fire Department approval for vendors and sponsors booths that may block an entire street thereby eliminating the 20 foot clearance requirement to be secured two weeks prior to each Event. iv) STAGES. A minimum of two stages and associated entertainment shall be programmed and produced for the duration of Event II. For Event I there shall only be one stage. (a) Stage location shall be mutually agreed between City and Event Producer. (b) Event Producer shall secure all permits no later than 30 days prior to each Event as required by the Planning and Building Agency set forth herein and as described in the Operational Conditions attached hereto as Exhibit A for the construction of all stages. v) CLEAN UP. Event Producer will maintain continuous litter control during the entirety of each Event, including during the parade hours and shall: (a) provide a professional cleaning crew to ensure that trash does not accumulate on streets and sidewalks at any time during Events; (b) impose adequate mitigation measures to ensure removal and disposal of grease from food and/or cooking booths, including but not limited to the use of grease barrels; (c) maintain dumpsters strategically placed throughout the event boundaries to contain trash from the event. (d) provide sufficient dumpster capacity for all trash generated throughout the Events; 25B-4 2 (e) remove dumpsters promptly at the end of each Event and before streets are reopened to the general public; (f) provide and pay for contractor approved by City to steam clean sidewalks in front of lofts on Third Street and all streets within food court areas of festival at a time to be mutually agreed betweeen City and Event Producer and provide loft owners 24 hour notice prior to such sidewalk steam cleaning vi) EQUIPMENT. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. (a) Equipment shall include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds. (b) All equipment, including Porta Potties shall be positioned and serviced so as to prevent noise and odor disturbances to Loft residents and downtown merchants. (c) Event Producer shall inspect all equipment prior to its use to ensure there are no problems such as leaks in K Rails, odors, etc. vii) STAGING AREA. Event Producer shall provide a staging area or booth, at no cost to City, for City personnel to utilize for the duration of said Events. viii) HOSPITALITY SERVICES. Event Producer shall provide an Information Booth that will include a lost and found area, First Aid, and other similar amenities for Event attendees and participants as mutually agreed between City and Event Producer. ix) VIP AREA. Event Producer shall provide a backstage VIP area with a plan to control entrance, including a limited number of VIP passes and adequate security staff to monitor and ensure safety and security. x) LOFTS. Event Producer shall exercise caution and special measures to ensure minimal disruption to owners and tenants of the live-work lofts located on blocks bounded by Main Street, 3rd Street, Spurgeon Street and 15L Street (the "Lofts") , including: (a) Blocking off the sidewalks on 3rd Street in front of Lofts with chain link fencing with screening to create a private walkway for loft residents. (b) Assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly. Event Producer shall photograph the Lofts prior to each Event in order to document their condition prior to each Event and to identify whether or not damage occurred during each Event. (c) Compensate Loft owners with pets who choose to board their pets from Thursday through Monday. (d) Compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100/per day. (e) Event Producer shall schedule equipment set up and tear down, cleaning of porta potties, trash removal, and carry out other logistical activities in such a manner that will minimize late night noise and other disturbances and disruption to Loft residents. xi) QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times with no construction set up or tear down as follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday from 12:00 a.m. through 7:00 a.m. Event Producer shall ensure that quiet hours are strictly adhered to by all vendors and sub-contractors. xii) CARNIVAL. Each Event shall include a carnival as follows: (a) Event Producer must secure land use permit for carnival no later than two weeks prior to each event if the carnival will utilize private property for any reason. (b) Carnival rides and booths may be set up on Third Street from Sycamore to Spurgeon, on Bush from Fourth to Third, on the Third and Bush surface parking lot, and on Main Street. However, clear access must be maintained on Main Street between the properties located at 308 and 309 S. Main Street to ensure safe and clear street crossing between those properties. Final location for carnival rides and booths to be mutually agreed between City and Event Producer. 25B-5 (c) Event Producer shall be responsible for securing temporary storage locations for all carnival equipment needs and must secure approval from City of any outdoor off-site accommodations within City limits no later than two weeks prior to each Event. (d) Carnival may not store equipment on City owned property or City right of way prior to the set up time, without prior city approval. Such approval must be requested no later than two weeks prior to each Event if needed. (e) Carnival staff will not be allowed to sleep inside the Event boundaries. (f) Carnival must supply restroom facilities for their staff during set up. (g) Carnival must provide 2 state licensed uniformed guards in the carnival area overnight each day of the festival. (h) Tall rides, exceeding 20 feet, may not be placed adjacent to residential units. e) MANAGEMENT PLAN. Event Producer shall secure and maintain adequate, well-trained staff with decision-making authority throughout the Events to ensure effective management of on-site logistics and compliance with the Scope of Work and with the Operational Conditions attached hereto as Exhibit A. Event Producer shall develop and submit to City no later than 30 days prior to each event. a management plan that includes the following: i) Outline of responsibilities for each team member, including how each major production component will be managed and a functional organizational chart with contact information for key staff who may need to be reached during each Event. ii) A Vendor Plan, including a schedule of vendor meeting(s) to educate all vendors on the Operational Conditions attached hereto as Exhibit A, steps to be taken to ensure compliance by vendors, process for assigning booth location, check-in process, and troubleshooting process. iii) A plan to ensure that all sub-contract vendors have the capacity to adequately staff their areas of responsibility, including on-site supervision. iv) A communication plan to ensure advanced and detailed notice of rules, regulations, requirements, and expectations of vendors, merchants, and residents. v) A detailed timeline, including benchmarks and achievement of benchmarks. vi) A strategy to ensure that all sub-contractors have the capacity to provide adequate staff to comply with their areas of responsibility with on-site supervision. f) SECURITY PLAN. Event Producer shall adhere to the Security Plan to cover all security needs and requirements, including state licensed uniformed security staffing at the levels set by the City Police Department as defined herein and in the Operational Conditions attached hereto as Exhibit A. g) ENTERTAINMENT. City shall retain final approval over all entertainment. City at its sole discretion and/or for any reason may reject entertainment chosen by Event Producer. i) Event Producer shall produce a complete entertainment schedule listing each performer and their popularity rating and submit to City no later than two weeks prior to each scheduled Event. City will provide final approval within five working days of City receipt of entertainment schedule, at which time City will provide written approval in the form of a letter from the City Manager or his designee. ii) Event Producer shall contract and pay for all talent, artists, performers, and entertainer expenses, including but not limited to travel logistics, licenses, permits, and technical requirements. 25B-6 4 iii) Event Producer shall arrange for and deliver to City no later than five days prior to each Event signed permissions allowing the use of photos and/or videos of participants and entertainers. iv) As part of the entertainment package, Event Producer shall incorporate at least one headliner for Saturday and Sunday as part of the entertainment segment of the event. The headliner shall be a musician or group that is recognized and established to be a regional draw within their music genre. v) Event Producer shall plan and coordinate the "El Grito" ceremony including arranging for necessary props and equipment and work in coordination with City, the Mexican Consulate, and other partners as deemed necessary by City to finalize the ceremony details, including identifying speakers and on-stage guests. vi) Event Producer shall work with City to schedule comments by dignitaries during the "El Grito" ceremony and as otherwise appropriate. vii) Entertainment on any stage is prohibited from tossing giveaways into the crowd. This also applies to the live remotes from any radio station. viii) Artist autograph sessions are prohibited at all times without prior City approval. Event Producer must maintain adequate, well-trained staff at each stage to prevent prohibited activities by artists and entertainers. ix) A penalty for failure to control artists and entertainers shall be imposed at $---- per occurrence. x) Event Producer shall pay for any additional expense for police intervention or other emergency response needed to protect the safety of people attending the event, crowd control, etc. as a result of its failure to control its entertainment. xi) The final entertainment schedule, including the end time of entertainment shall be mutually agreed between City and Event Producer. xii) Event Producer shall employ a stage manager to ensure the entertainment agenda is followed and that all artists and entertainers follow the requirements set forth herein and in the Operational Conditions attached hereto as Exhibit A. xiii) If Event Producer fails to enforce the closure time or other Rules and Regulations attached hereto as Exhibit A, the Police Department will immediately close the stage and disburse the crowd. Event Producer shall pay all City costs incurred in enforcing the approved entertainment schedule. h) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute, or allow the sale of or distribution of, any tobacco products during the Events. Sponsorship by alcohol product companies shall be allowed subject to pre-approval by City. Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event. Neither tobacco product advertising nor alcohol product advertising shall be distributed to minors. i) MARKETING and COMMUNICATIONS. Event Producer shall be responsible for developing and implementing a Marketing and Communications Plan, which shall be submitted to City for review no later than 60 days prior to each event at the pre-event meeting. City retains final approval of all marketing and promotional material for Events. Marketing and Communications activities defined in the Marketing shall include but not be limited to i) Paid advertising, press releases and media advisories, web site content, advertisements, and other promotional materials ii) Development, printing, and distribution of event materials such as programs, rack cards, posters, banners, and signage iii) Event Producer to submit to City copies of all final press releases, web site content, and advertising for Events at least five business days prior to their use or release. 25B-7 iv) If a theme is considered, it shall be mutually agreed between City and Event Producer who will work with City to produce a creative brand to be used in all marketing materials. All promotional materials shall include the City logo. v) Development and implementation of a Customer Relations Plan that will provide effective and relevant communications to the merchants, residents, churches, and others within the Event boundaries to provide advance notice of Event activities and to mitigate problems that may arise. vi) Development and implementation of a Protocol Plan in conjunction with City to identify, invite, and support the participation of government and other community representatives. j) SPONSORSHIP. Event Producer shall have the right to solicit and retain sponsorship for the Event festivals and the Fiestas Patrias Parade under the following terms and conditions i) Event Producer shall work with City to coordinate sponsor recruitment and benefits packages to leverage sponsorship contributions in a collaborative manner. ii) City shall determine the location for sponsor banners along the parade route. iii) City shall receive copies of all draft sponsorship agreements for the Events no later than 30 days prior to each Event. iv) Event Producer shall obtain City approval no later than 30 days prior to contracting sponsor benefits relating to the use of public spaces such as flag poles, banners and City facilities. v) City retains the right to approve all sponsor material which identifies the City by name, logo or City seal. vi) All sponsorship agreements/contracts must be between Event Producer and the participating sponsor and not third parties; however, should a third-party sponsorship present itself, MX Live shall present to the City for consideration and the City will have final approval of same. vii) Event Producer shall acknowledge the City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) as Title Sponsor in all print and online promotional materials and make every effort to acknowledge PRCSA contributions in media interviews, public service announcements, and other sponsorship recognition opportunities. viii) Event Producer shall coordinate all arrangements for sponsorship acknowledgement including radio and print ads as well as any materials and announcements. ix) All sponsorship communications shall be subject to City review and final approval prior to release. k) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to merchants with businesses along 4th Street and in the Fiesta Marketplace for booths located in front of said businesses at a discounted rate. Merchants shall be given 30 days prior to each event to exercise such right of first refusal. After that date Event Producer may sell those booths to others. Event Producer shall provide to City verification of refusal by each merchant to purchase the booth space in front of their respective businesses no later than 30 days prior to each Event date. 1) FINANCIAL LEDGER. Event Producer shall maintain a financial ledger specifically detailing all expenses/cost and revenues generated from said Event in order to determine net revenue. Within forty five (45) days after each Event, Event Producer shall provide the City the financial ledger and shall reimburse to the City all City related costs and expenses as agreed upon. 2. TERM. This Agreement shall commence January 1, 2012 and terminate the earlier of completion of all accounting for expenses, but no later than December 31, 2014. 25B-8 6 EXHIBIT A OPERATIONAL CONDITIONS Failure to abide by these Operational Conditions may result in the expulsion of a vendor or other festival participant at the discretion of City. Prohibited Entertainment Activities • Entertainment on any stage is prohibited from tossing anything into the crowd. This also applies to the live remotes from any radio station. • Artist autograph sessions are prohibited throughout the Event in all areas. Vendors • All Vendors must attend an orientation meeting and must sign in at their arrival and sign out at their departure. Vendors who do not attend, arrive late, and/or depart early may be prevented from participating in the Event. • All vendors shall obtain a City of Santa Ana Business License or a One-Day Peddlers License. • All food vendors shall obtain and have in their possession, an Orange County Health permit and/or clearance from OC Health Department. • All mobile vendors during parade and festival must carry with them a photo Identification to identify them as the approved vendor. • All vendors must stay within their respective designated booth boundaries and must not encroach on adjacent booths or on public or private property. • All vendors are subject to the "Three Warning Rule" and may be eliminated from the festival and/or parade for non-compliance three times during the entire Event. Vehicles • Vendor/booth/sponsor vehicles may not enter the Event after 11:30 am daily and until 12:30 am on Saturday and 10:30 pm on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Event. • Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked in unauthorized locations will be towed at the vendor's expense. Sales • All ticket sales at any booth including the Carnival must cease one hour prior to closing of the Event each night. Mitigation of Disturbances • All noise generated by the Event shall remain within levels specified in SAMC Section 18-132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. SAMC Section 10-153 (Loud and Raucous Notice) must be abided by all at all times. • No speakers outside booths and no live entertainment are allowed except on the approved stages or by prior city approval. 25B-9 There will be NO amplified music or vocal presentations allowed in vendor booths within the event except where previously authorized in writing by the City and on the approved stages. Booth Construction and Set-Up • All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The front support posts may not be placed past the gutter. • Vendor booths are prohibited from placing items on the public sidewalk except in those areas as approved on the official site plan. • Vendor booths are prohibited from attaching rear tarps or stacking merchandise that obstructs street visibility to the retail storefronts behind the booths. • Portable fire extinguishers are required for all booths and rides. • Tables, chairs or other items may not be placed in front of the approved booth locations. Safety and Security • A 20-foot wide fire lane must be maintained behind each stage at all times. Any vehicles blocking this area will be towed at the owner's expense. • Access must be provided for emergency vehicles at all times of a minimum 20 foot width on all streets, unless otherwise approved in advance by City. • Additional fencing and protection for the entertainment stages, fencing for Federal Courthouse, and any additional storefront protection as deemed necessary by the City Police Department must be provided by Event Producer at its own cost. Clean-Up/Trash • All booths and the surrounding areas must be maintained in a clean condition at all times. It is prohibited to dump trash, food, etc. on the event grounds. It is further prohibited to dump grease anywhere, except in pre-approved containers. Failure to follow these rules will result in loss of security deposit. Booth Activities • Interactive equipment used by vendors must be approved by City prior to its use to prevent the use of items that are deemed to be a danger to patrons. • Vendors must maintain adequate staff for crowd control for activities that result in long lines, such as wheel of fortune, sample distribution, games, etc. • Flyers, newspapers, and/or pamphlets may not be distributed by booth vendors or sponsors without prior City approval. • All merchandise sold at the event must be suitable and appropriate for a family oriented event. • Inappropriate items must not be placed for sale or distribution by any festival vendor, including weapons of any variety (sling shots, knives, etc.), tobacco products, merchandise that is sexually explicit or promotes gang activity or other criminal behavior, beverages that are canned or in glass containers, silly string, etc. • Massage related vendors are prohibited during the event. • Booth vendors may not distribute or sell any alcohol or tobacco products. 25B-10 Food Booths • All food booths must comply with all State health and City Fire regulations at all times and may not start cooking or selling until final clearance has been given by the County Health Department and the City Fire Department. • Food vendors must obtain a California Health Permit, and must obey all health laws. • Food vendors must have a fire extinguisher that is up to date. • No homemade gas lines, propane bottles or use of charcoal is permitted. Additionally, any food heating source must meet City Fire Department requirements. • Each food vendor will be reviewed by the County Health Department and the City Fire Department once it is set up. Delays in set-up may result in that vendor being placed at the end of the line for review and clearance. • All cooking must cease a minimum of one hour prior to the closing of the Event each night. Vendors may not sell or give away product after the closing time of the Event. • Failure of food booth vendors to comply with any and all requirements will result in the removal of that vendor from the festival. Carnival • Carnival may begin set up of rides at 6:00 p.m. Thursday prior to each Event. • Carnival may not store equipment on City owned property or City right of way prior to the set up time, without prior city approval. • Carnival staff will not be allowed to sleep inside the Event boundaries. • Carnival must supply restroom facilities for their staff during set up. • Carnival must provide 2 state licensed uniformed guards in the carnival area overnight each day of the festival. Stage Construction Permit Requirements • An engineer of record (EOR) registered in the state of California shall perform the structural observation and be responsible for both the calculations and erection/construction documents regarding the Performance Stage (hereinafter "Structure") • An updated analysis of the Structure based on the most current California Building Code • Event Promoter shall provide a site plan indicating where the Structure will be built • Event Promoter shall provide an erection plan, approved by the FOR that is consistent with the analysis and that will show exactly how the Structure will be put together, including information regarding: o Member truss sizes o Member truss spans o Size and number of bolts required and amount of torque needed to connect members o Structure bracing specifications o Specification and location of hold downs or ballast and required weights o How accessibility is addressed onto stage/platform, i.e. via code compliant ramp or mobile wheelchair lift o Framing plan for the stage/platform that includes: o Member sizes and spans 25B-11 o Connection information, i.e. size and number of bolts, torque information o Bracing specifications o Anchorage and pad information Private Security Requirements • Event Producer will pay for required state licensed uniformed security staffing at the levels set by the City Police Department, based on the size and scope of each Event and which will include but not be limited to overnight security, roving patrols, and fixed positions. • A minimum of 50% of the Security staff must be bilingual, English/Spanish speaking. • Security personnel must wear uniforms that are of a different color from local law enforcement agency. • Event Producer must provide a golf cart for use by security personnel throughout the Event • Security Company must ensure that all security guards are equipped with radios for internal communications and that the Security Supervisors are equipped with one radio each for communications with SAPD and the Event Producer. • Security Company must ensure that there are two Security Supervisors on site at all times during each Event. • Security staffing shall cover fixed positions during the entire event, including but not limited to stage, perimeter barricades, Federal Courthouse, Lofts, DGWD parking lot, and beer garden. • Stage security must ensure that only authorized persons are allowed to enter backstage and to ensure safe passage for VIPs in and out of VIP parking lots • Roving security staffing shall monitor on a regular basis the parking structures and street activity within the perimeters of each Event. • Overnight Security shall monitor the stages and shall conduct roving patrol of entire festival area. • The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event and will meet with the SAPD supervisor in charge and other staff as needed at the beginning of each Event. • Security guards are not to carry weapons, batons, or tear gas. • Security guards are to report only to the Santa Ana Police Department Sgt. in charge of the event or the Recreation and Parks Department Supervisor. • Security must contact Santa Ana Police for any criminal activity but may intervene for non- criminal activity such as illegal vendors, rule violations, crowd control, etc. • Security personnel must assist with the following: o ensuring that all vehicles are off of streets within the festival boundaries by 11:30 am each day o preventing vehicles from stopping to drop off equipment o regulating vehicle entry and parking restrictions and escorting approved individuals in and out of designated parking areas o monitoring specific problem areas identified by Santa Ana Police Department o monitoring Lofts to ensure that no illegal activity is taking place o ensuring that there are no artist autograph sessions and no tossing of items from stage o watching for gang members especially in the carnival area and other criminal activity o monitoring booth activities, especially lines from wheel of fortune and other activities that result in blocking pedestrian paths, amplified sound, illegal vendors, etc. o providing advanced notice to vendors as directed by SAPD of time for closure and time to stop all cooking 25B-12 o assisting Police and Fire Departments with shutting down cooking booths at designated times o assisting Police Department with closing down the festival nightly 25B-13 25B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AGREEMENT WITH UNITED STORM WATER INC. AND WEST COAST STORM INC. FOR CATCH BASIN SCREEN INSTALLATION PROJECTS ALE?ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with United Stormwater, Inc. and West Coast Storm, Inc., each in an amount not to exceed $110,000 for catch basin screen installation projects, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City has applied for and been awarded funds from the OCTA Measure M2 Environmental Clean Up - Tier 1 Water Quality Grant Funding Program (ECPF) for two catch basin screen installation projects. The program designates funds for projects with a transportation nexus that reduces storm water pollution related to transportation-related runoff. OCTA, in coordination with the County of Orange, has prequalified contractors to provide purchase and installation services for automatic retractable screens, connector pipe screen full capture systems and catch basin inserts under the ECPF. Based on the qualifications and experience with storm water treatment technology, United Stormwater, Inc. and West Coast Storm, Inc. are approved by OCTA and the County to provide the catch basin installation services proposed in the City's successful grant application. Five contractors submitted proposals, and three were prequalified for the work to be funded by the ECPF program. Based on cost and experience, staff selected two of the three contractors to construct the approved catch basin screen installation projects. 25C-1 Agreement with United Stormwater Inc. and West Coast Storm Inc. November 28, 2011 Page 2 ENVIRONMENTAL IMPACT This project will help to protect the environment by preventing trash and debris from entering the city catch basins and eventually emptying into the ocean. FISCAL IMPACT Funds are available in the Measure M2 Street Construction Fund (accounting unit 03217662- 66220). v Raul Godinez II Executive Direct Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency RG:JP Exhibit: 1. Agreement 25C-2 Account (3u machons To W, CSV Export 3,. ,stn=s,, _ ?ra.,?p... ?.,xRendstnres J J J Page 1 of 1 11/22/2011 Next Page ---?- _... Remaimng Tr,ai r:xs5 23,4,0M https://Iawson.cosa.private/lawson/portal/forms/forMZ§. o* 4rKN=GL94.2& PDL=PROD& CONT AGREEMENT FOR INSTALLATION OF CATCH BASIN SCREENS THIS AGREEMENT, made and entered into this 28'h day of November, 2011, by and between United Stormwater, Inc., a California corporation (hereinafter referred to as "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 referred to as ("CITY"). RECITALS: A. CITY desires to enter into a contract for the provision and installation of "Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts" (hereinafter referred to as "Catch Basin Screens") in the Wintersburg Channel located in the City of Santa Ana; and B. OCTA has awarded funding for the Project through its Measure M2 Environmental Clean Up- Tier I Water Quality Grant Funding (ECPF) Program for the installation of Catch Basin Screens in the Wintersburg Channel ("the Project"); and C. The County of Orange, entered into Agreement MA-080-11011795 by which Contractor has agreed to assume all responsibilities and obligations inherent with the procurement and installation of Catch Basin Screens through the ECPF Program; and D. Contractor has agreed to procure and install Catch Basin Screens for the Project in conformance with the terms and conditions set forth in Orange CountyAgreement MA-080-11011795, and as further agreed herein. 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: 1. SCOPE OF WORK Contractor agrees to provide all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, security measures to protect its equipment and materials, as well as necessary permits to procure and install United Stormwater's Drain PacTm Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts, as set forth in Exhibit A, attached hereto. Said Catch Basin Screens will be installed in the Wintersburg Channel, as shown on the map attached hereto as in Exhibit A-l. All attachments to this Agreement are hereby incorporated by reference. The Contractor shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. Contractor shall keep the Property clean and orderly during the course of the work and remove all debris upon completion of the work. The Contractor shall be responsible for any damages to property and/or injuries to persons (on or off site) as a result of their execution of the work required by the Contract. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative. The representative of 25C-4 the Contractor shall be . Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency - Design Engineering P.O. Box 1988, M-36 Santa Ana, CA 92702-1988 If to the CONTRACTOR: United Stormwater, Inc. 1400 E. Valley Blvd. City of Industry, CA 91746 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above-described procedure. 3. COMPENSATION A. City agrees to pay, and Contractor agrees to except as total payment for any and all services under this Agreement, the rates and charges attached hereto as Exhibit B. The total amount to be paid for procurement and installation of all Catch Basin Screens shall not exceed One-Hundred Thousand Dollars ($100,000). B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the City. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is proficient in the field of storm water catch basin installation. Work performed by the Contractor under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. Contractor shall perform the work in a professional manner with quality workmanship. 5. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant hereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 2 25C-5 6. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 7. TIME FOR COMPLETION/ TERM OF AGREEMENT Contractor shall commence work on the Project upon City's Notice to Proceed, and shall complete the project in a timely manner. The Term of this Agreement is from the date first stated above through June 30, 2012. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Contractor agrees to comply with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and all applicable federal, state, and local agencies. 9. INSPECTIONS City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected by Contractor, and City shall have the right to withhold payment to Contractor until it is so corrected. 10. CHANGE ORDERS Any changes or deviations from Bid/Proposal, Specification, and approved Project Drawings, or the terms of this Agreement shall be effective only upon written consent of City and the Contractor. All change orders will specifically describe the work and/or changes, the new agreement price and time for completion. 11. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all loss or damage to property and from all injuries or death of any person or persons in the performance of the work under this Agreement. Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all suits, actions or proceedings of any kind or nature arising out of the acts or omissions of employees or agents of Contractor or its subcontractors. 3 25C-6 12. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors to maintain insurance as described below: (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (2) Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Orange County and the City of Santa Ana and their officers, agents and employees as Additional Insured. (3) 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. All insurance coverages required pursuant to this section shall be primary and not contributory with respect to insurance or self-insurance programs maintained by Orange County and/or City; contain standard separation of insured provisions and provide waiver of subrogation clauses. Contractor shall furnish properly executed certificates of insurance and Additional Insured Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain such insurance from the time work first commences until completion of the work under this Agreement, and replace such certificates for policies expiring prior to completion of work under this Agreement. 13. ASSIGNMENT Contractor shall not assign any rights under this Agreement except upon prior written authorization of City provided that claims or money due or to become due from City under this Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. Contractor shall not subcontract any of the services required by this Agreement without written approval of City. Contractor shall not delegate any authority or responsibility that would in any way purport to relieve it of any obligation imposed by this Agreement. 14. CONFLICT OF INTEREST Contractor covenants that it is an independent contractor and not an employee of the City and that its personnel, employees and subcontractors are not employees of the City. Contractor presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work under this Agreement. 15. UNAVOIDABLE DELAYS AND DEFAULTS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of. inclement weather, acts of City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City. 4 25C-7 16. 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. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TIME OF ESSENCE Time is of the essence in performance of this Agreement. 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. 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. /// 5 25C-8 IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council Approved as to form: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA Paul M. Walters Interim City Manager UNITED STORMWATER, INC. (NAME) (Title) Tax ID# Recommended for Approval: Raul Godinez, It Executive Director Public Works Agency 6 25C-9 EQUIPMENT DESIGN & SPECIFICATIONS REPORT: DRAINPACTm CATCH BASIN INSERT Description/Design/Engineering Full Trash Capture United Storm Water's DralnPacT"' meets the full trash capture definition of the RFP as it is capable of trapping all particles larger than 5 mm in size. Equipment & Design Elements United's DrainPacTm is a treatment control BMP product that captures and treats urban runoff before it enters the storm drain system (see attached Technical Drawings. This multi-layer filtration devise Is installed in drop inlets or curb inlets in a manner that does not interfere with lateral line water flow. General specifications of this product are as follows: • Frame assembly will be constructed from 12-gauge 304 stainless steel • Filter liner will be fabricated from a combination of 4 oz non-woven polypropylene filter cloth and PVC mesh • Support basket will be constructed from a high density polymer rated at 850 Ib/sq It This product is custom made in-house to fit any shape or size of catch basin utilizing single or multiple units as required. The smallest workable catch basins for this product would be 6" x 6. The largest size of a single DrainPacTm unit would be 48" x 48" for drop inlets and 82" x 12" for curb inlets. Catch basins larger than these standard sizes would be fitted with multiple units. Installation Specifications The DrainPacT"' could be used in conjunction with a CleanScreen"A Automatic Retractable Screen (ARS) and/or Connector Pipe Screen (CPS) for added effectiveness based on the level of trash and debris that commonly accumulates at the site. Field inspections of catch basins will determine if this product is appropriate for each respective storm drain. For drop inlets the product will be gravity held in place and will rest on the existing catch basin grate shelf. For curb inlets the product will be mounted to the forward wall of the catch basin below the flow line. Materials The DrainPacTM is constructed from non-corrosive materials with the frame and mounting brackets made from stainless steel; the filter liner is composed of PVC mesh (sides only) for overflow bypass, and non-woven polypropylene (bottom only) for treating petroleum hydrocarbons; and the support basket Is made from a high density biaxial geogrid material. See attached Technical Drawings for drop inlet and curb inlet configurations and material specifications. Flow Rating Site appropriate maintenance frequencies of this product will help to ensure effective and trouble free functioning of this product. Insufficient inspection and/or cleaning frequencies that allow an excess amount of material to accumulate in the filter liner can significantly affect the flow rate of water through the product. See Filter Testing Report for observations regarding head loss and Flow Rate Testing and Flow Rate Capacity reports for additional data. Estimated Design Life Design life of the DrainPacTAI is dependent on the flows to the site. Average life of a properly maintained unit is three to five years for the filter liner before requiring liner change-out, and the stainless steel frame it reusable for liner replacement which is generally only required due to mishandling/abuse of the product. p. 3 25C-10 EXHIB11" A Performance Effectiveness Targeted Pollutants This product has demonstrated both in the field and in the laboratory to be an effective structural treatment control BMP for capturing trash, sediment, gross solids, oil and grease, and total metals. Recent testing of the DrainPacTm was conducted by California Polytechnic State University San Luis Obispo resulted in 83% to 91% removal efficiency of fine suspended solids with the best removal observed at lower flow rates, and oil and grease removal efficiency varied from 40% to 80% under the test conditions. Higher rates of oil and grease removal can be achieved by adding an absorbent sock around the periphery of the products frame (optional). See attached Filter Testing Report for additional information. Trash Capture & Storage Capacity A DrainPacTm has a trash capture and storage capacity equivalent to the area of each unit. For drop inlets the product will cover the entire length and width of the drain inlet point and standard filter depths are 12" yet can/will be fabricated shallower to prevent the device from obstructing the outlet pipe of the catch basin. For curb inlets the product will be fabricated to the length of the curb inlet opening with 12" wide by 12' deep standard dimensions. Wider and/or shallower devices will be fabricated if/as required based on catch basin configuration. Overflow or Bypass Flow Capacity Drop inlet configurations of the DrainPacTm are designed with a center overflow bypass port to prevent flooding in the event that a unit is full of trash and is no longer filtering. Curb inlet configurations of this product do not require any type of special overflow bypass feature. If a unit is full of trash and Is no longer filtering water entering the catch basin will merely flow over the 12" wide device into the catch basin. Maximum Overflow or Bypass Flow Capacity The overflow bypass features of the DrainPacT'" described have been proven in the field to withstand a 10-year storm event without causing flooding. Siting, Operational & Maintenance Installation Process Before the start of installation United's Project Manager will coordinate with the County's Project Manager to discuss the proposed installation schedule by service zones. For work performed in areas that encroach on traffic right-of-way, an encroachment permit will be obtained from the appropriate entity and United will develop a written and approved traffic plan. When proposed work zones have been accepted United will install DrainPacsT"' in the designated storm drains. Devices installed in drop inlets will be gravity held in place and will rest on the existing catch basin grate shelf. For this configuration Installation will require United's Service Staff to remove the traffic grate using a 'traffic grate puller" tool and will require approximately five minutes to install each device. Devices installed in curb inlets will be mounted to the forward wall of the catch basin approximately 4' below the flow line or as required based on catch basin design and/or other Storm Water Devices that may be installed in the same catch basin. This configuration will require drilling of the interior of the catch basin and Installation of support/mounting brackets (see attached Technical Drawing) and will require approximately fifteen minutes to install each device. Site Specific Measurements The County would have to provide United with storm drain maps, inlet location where the product is proposed for installation, and approximate lengths and widths of drop inlet openings and lengths of curb inlet openings in order to provide Entities with cost estimates. Devices would thereafter be custom made to fit each respective storm drain based on measurements taken by United's Service Staff. This device could be used in conjunction with a CleanScreen"m ARS and/or CPS for added effectiveness based on the level of trash and debris that commonly p. 4 25C-11 accumulates at the site. Field inspections of catch basins will determine if this product is appropriate for each respective storm drain. Regulatory Permits Required for Installation No regulatory permits are required for the installation of this product. Maintenance Requirements For best performance of the DrainPac'm United Storm Water recommends cleaning by means of industrial vacuum (usually does not require confined space entry) once during the dry season (June-September) and as often as monthly during the wet season (October-May) for effective filtration and to prevent the possibility of flooding. Average number of cleanings is three to four per year. Cleaning is particularly important prior to the wet season and after the first storm event of 3/4° of rain to prevent the possibility of flooding. Actual scheduling will be based on United recommendations and customer approval based on county stormwater management ordinances and the storm drain flows and loads subjected to the site. Per the local Stormwater Management and Discharge Control Ordinance, BMPs at manned facilities must be inspected by the discharger before and following predicted rain events, and BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. For best performance of the DratnPacTM United Storm Water recommends inspections as often as once during the dry season (June-September) and in the wet season (October-May) between or during scheduled cleaning events (depending on actual established schedule). Average number of separate inspections Is three per year. Actual scheduling will be based on United recommendations and customer approval based on county stormwater management ordinances and the storm drain flows and loads subjected to the site. Inspection services will ensure that the product is functioning property and will aid in establishing/changing cleaning schedules accordingly. Any items in need of repair/replacement should be performed as soon as it is safe to do so. If failure of the product indicates that it is inappropriate or inadequate to the circumstances, the product must be modified or upgraded to prevent any further failure in the same or similar circumstances. Durability The DrainPacTm is constructed from high quality materials that can withstand normal wear and tear. Any damage that may be caused by fire, sharp objects, vandalism, or other forms of product mistreatment can be repaired by replacing the filter liner and/or support basket as needed utilizing the original frame. The durability of this product will in no way be affected by external factors such as street sweeping and car parking. United Storm Water is not aware of any incidents of vandalism of the product and may be due in part to the need of special tools for removing traffic grates and/or manhole covers in order to access the product. Replacement Parts & Life Expectancy Any damage that may be caused by fire, sharp objects, vandalism, or other forms of product mistreatment can be repaired by replacing the filter liner and/or support basket as needed utilizing the original frame. Not only are our standard rates for new filters economical, yet filter replacements (filter liner and support basket material) that may be required due to normal wear and tare can be provided at 50% of the cost of a same size new DrainPac7m. No other replacement parts are required. Life expectancy of the DrainPacTm is dependent on the flows to the site. Average life of a property maintained unit is three to five years for the filter liner before requiring liner change-out, and the stainless steel frame it reusable for liner replacement which is generally only required due to mishandling/abuse of the product. Warranty Coverage United Storm Water agrees to repair and or replace the frame assembly of this product at no cost to the purchaser for a period of ten (10) years from the date of delivery should failure occur during normal use. The purchaser of this product must be aware that the filter cloth and support basket may become damaged or tom due to retention of items such as sharp objects, corrosives, or enflamed items. Such damage falls outside of the coverage of this p. 5 25C-12 warranty yet may be replaced at a discounted rate to the purchaser. See attached DrainPacT"" Warranty. Aesthetics & Safety For both drop inlet and curb inlet configurations the DralnPacTM is out of sight and not easily visible by pedestrians. No part of an installed device can come in contact with a pedestrian and is considered "safe". Uniqueness of Device The DrainPacTM is unique in that it is both versatile and economical. All products are custom made to fit any shape or size of catch basin and United Storm Water will design filter configurations for special/uncommon applications. The standard filter cloth used for this product is 4.0 oztsq yd, yet heavier fabric weights are available upon request. This product is also easy to clean and does not necessarily require the use of additional media for absorbing petroleum hydrocarbons (depending on site conditions), yet absorbent sock material can be easily added to the frame as an option. Vendor's Installation Background United Storm Water has been manufacturing custom-made DrainPacsTM In-house using United employees since 1999. We have the equipment, facility, and manpower necessary for providing eligible Entities within Orange County with this product and have experience in working on projects of a similar type and scale as the scope of work of this RFP. United employs a team of competent manufacturing personnel who are experienced in interpreting technical drawings, machining, and welding. These individuals are not only quality conscious in their work, but also offer insight and practical know-how that contributes to improved functionality and streamlined design of our products. United's Service Staff performs storm drain cleaning and maintenance services on a daily basis and have successfully cleaned and installed thousands of BMPs yearly for various private and government entities throughout California. Our highly experienced, professional service staff have received in-class and in-the-field training regarding the environmental regulations that govern our industry and are trained and medically monitored in accordance with O.S.H.A. Title 29 CFR 1910.120 to conduct tasks involving storm drain maintenance and the handling of or exposure to hazardous materials, substances, or waste including: • 40-Hour HAZWOPER Training & 8-Hour Annual Refresher Courses • Traffic Control Training Per Caltrans Chapter 8 Standards • Confined Space Entry Training • Confined Space Rescue Training • DOT HM-126F, HM-180 & HM-181 • Bloodborne Pathogens Training • Medical Surveillance Program • O.M.V. & D.O.T. Drug & Driving Record Programs • CPR & First Aid Training • LiveScan (Required by Transportation Security Administration) p. 6 25C-13 .................. .tj ?...... ............ ....._.. i,........... t t ?, • LA . f ----- -- ----- - , y --_ t1 ? S:.v a if t Tl .E it /\}J 1 r = - si C- 25C-14 Estimated Ca pital Costs Item # Description Unit Quantity Unit Price Amount 1 ARS & CPS and Catch Basin Inserts (opt. 6) United Stot <4' 5 $ 897 S 4,487 2 ARS & CPS and Catch Basin Inserts (opt, 6) United Stot 4.1'-6' 7 S 1,343 S 9,399 3 ARS & CPS and Catch Basin Inserts (opt. 6) United Stot 6'-10' 35 $ 1,450 S 50,754 4 ARS & CPS and Catch Basin Inserts (opt. 6) United Stot 10.1'-16' 15 $ 1,794 S 26,908 5 ARS & CPS and Catch Basin Inserts (opt. 6) United Stoi > 16' 3 S 2,344 $ 7,031 S - $ - S $ - Total Catch Basins 65 Subtotal: 598,580 Estimated Installation Costs Item # Description Unit Quantity Unit Price Amount S - $ - S - $ - $ - $ - S - S - S $ - S $ S $ - Subtotal: SO Other Costs Item # Description Hour dollars/hour Amount S S - Catch Basin Inspections by City Staff 227.5 S 51 S 11,575 65 catch basins at 3x / year for 10 years S S (assuming 7 minutes per inspection) S - S - 3x I year is dependent on storm events S S - EA Dollam/year total / 10•yr Contracted BMP Cleaning and Maintenance 65 S 70.00 S 45,500 65 catch basins at min. 2x/yr. for 10 years. S - $ - 2x / year is dependent on storm events Subtotal: 557,075 'TOTAL PROJECT COST $155,655 EXHIBIT Page8 25C-15 AGREEMENT FOR INSTALLATION OF CATCH BASIN SCREENS THIS AGREEMENT, made and entered into this 28`h day of November, 2011, by and between West Coast Storm, Inc., a California corporation (hereinafter referred to as "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 referred to as ("CITY"). RECITALS: A. CITY desires to enter into a contract for the provision and installation of "Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts" (hereinafter referred to as "Catch Basin Screens") in the Downtown Business District/ Civic Center located in the City of Santa Ana; and B. OCTA has awarded funding for the Project through its Measure M2 Environmental Clean Up- Tier 1 Water Quality Grant Funding (ECPF) Program for the installation of Catch Basin Screens in the Wintersburg Channel ("the Project"); and C. The County of Orange, entered into Agreement MA-080-11011795 by which Contractor has agreed to assume all responsibilities and obligations inherent with the procurement and installation of Catch Basin Screens through the ECPF Program; and D. Contractor has agreed to procure and install Catch Basin Screens for the Project in conformance with the terms and conditions set forth in Orange CountyAgreement MA-080-11011795, and as further agreed herein. 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: 1. SCOPE OF WORK Contractor agrees to provide all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, security measures to protect its equipment and materials, as well as necessary permits to procure and install Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Systems and Catch Basin Inserts, as set forth in Exhibit A, attached hereto. Said Catch Basin Screens will be installed in the Downtown Business District / Civic Center, as shown on the map attached hereto as in Exhibit A-1. All attachments to this Agreement are hereby incorporated by reference. The Contractor shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. Contractor shall keep the Property clean and orderly during the course of the work and remove all debris upon completion of the work. The Contractor shall be responsible for any damages to property and/or injuries to persons (on or off site) as a result of their execution of the work required by the Contract. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative. The representative of 25C-16 the Contractor shall be . Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency - Design Engineering P.O. Box 1988, M-36 Santa Ana, CA 92702-1988 If to the CONTRACTOR: West Coast Storm, Inc. 654 South Lincoln Ave. San Bernardino, CA 92408 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above-described procedure. 3. COMPENSATION A. City agrees to pay, and Contractor agrees to except as total payment for any and all services under this Agreement, the rates and charges attached hereto as Exhibit B. The total amount to be paid for procurement and installation of all Catch Basin Screens shall not exceed One-Hundred Thousand Dollars ($100,000). B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the City. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, Contractor represents that it is proficient in the field of storm water catch basin installation. Work performed by the Contractor under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. Contractor shall perform the work in a professional manner with quality workmanship. 5. CORRECTION AND DEFECTS Contractor shall correct any work that fails to conform to the requirements of this Agreement or any documents pursuant hereto, where said failure to conform appears during the progress of the work. Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant thereto. 2 25C-17 6. GUARANTEE Contractor guarantees the work performed for a period of one (1) year from the date of final acceptance of all the work required by this Agreement. Contractor guarantees all materials to be as specified and all work to be completed in a professional manner according to standard practice. Unless otherwise specified, all materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building standards and to the satisfaction of the City. 7. TIME FOR COMPLETION/ TERM OF AGREEMENT Contractor shall commence work on the Project upon City's Notice to Proceed, and shall complete the project in a timely manner. The Term of this Agreement is from the date first stated above through June 30, 2012. 8. COMPLIANCE WITH ENVIRONMENTAL LAWS. Contractor agrees to comply with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and all applicable federal, state, and local agencies. 9. INSPECTIONS City shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected by Contractor, and City shall have the right to withhold payment to Contractor until it is so corrected. 10. CHANGE ORDERS Any changes or deviations from Bid/Proposal, Specification, and approved Project Drawings, or the terms of this Agreement shall be effective only upon written consent of City and the Contractor. All change orders will specifically describe the work and/or changes, the new agreement price and time for completion. 11. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all loss or damage to property and from all injuries or death of any person or persons in the performance of the work under this Agreement. Contractor agrees to indemnify, defend and hold harmless the City of Santa Ana, its officers, agents and employees from and against any and all suits, actions or proceedings of any kind or nature arising out of the acts or omissions of employees or agents of Contractor or its subcontractors. 12. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors to maintain insurance as described below: 3 25C-18 (1) Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. (2) Commercial general liability insurance or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall name Orange County and the City of Santa Ana and their officers, agents and employees as Additional Insured. (3) 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. All insurance coverages required pursuant to this section shall be primary and not contributory with respect to insurance or self-insurance programs maintained by Orange County and/or City; contain standard separation of insured provisions and provide waiver of subrogation clauses. Contractor shall furnish properly executed certificates of insurance and Additional Insured Endorsements to City prior to the commencement of work under this Agreement. Such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days prior written notice to City. Contractor shall maintain such insurance from the time work first commences until completion of the work under this Agreement, and replace such certificates for policies expiring prior to completion of work under this Agreement. 13. ASSIGNMENT Contractor shall not assign any rights under this Agreement except upon prior written authorization of City provided that claims or money due or to become due from City under this Agreement may be assigned to a bank, trust company, financial institution or to a trustee in bankruptcy without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. Contractor shall not subcontract any of the services required by this Agreement without written approval of City. Contractor shall not delegate any authority or responsibility that would in any way purport to relieve it of any obligation imposed by this Agreement. 14. CONFLICT OF INTEREST Contractor covenants that it is an independent contractor and not an employee of the City and that its personnel, employees and subcontractors are not employees of the City. Contractor presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the work under this Agreement. 15. UNAVOIDABLE DELAYS AND DEFAULTS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of. inclement weather, acts of City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay, it notifies the City in writing of the causes of the delay, which causes must be acceptable to the City. 4 25C-19 16. 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. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TIME OF ESSENCE Time is of the essence in performance of this Agreement. 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. 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. 5 25C-20 IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council Approved as to form: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA Paul M. Walters Interim City Manager WEST COAST STORM, INC. (NAME) (Title) Tax ID# RECOMMENDED FOR APPROVAL: Raul Godinez, 11 Executive Director Public Works Agency 6 25C-21 (West Coast Storn nc. Storm Water and Environmental Solutions West Coast Storm Screen Automatic Retractable Screen (ARS) Equipment Design and Specification Report Page 1 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 Telephone 909.890.5700 Facsimile 909.890.5988 Website wnvw.wcstorm.net California General A/IIAZ Contractor License Number: 888152 25C-22 EXHIi3n" rV West Coast Stot-m,lnc. Storm Water and EnWronmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of TVorlc) A. Description/Design/Engineering. The West Coast Storm Screen (Automatic Retractable Screen) Device meets the minimum Hydraulic and Operation Criteria. The West Coast Storm Automatic Retractable Screen (ARS) prevents trash and debris from entering the catch basin during dry weather and moderate storm flows, thereby maintaining trash and debris within the street to be collected by street sweeping and other equipment. The ARS device opens automatically with minimal obstruction to the curb opening before the depth of the storm flow in the street exceeds 3 inches. This device is an approved ARS by the City and County of Los Angeles utilized in their on-going TMDL projects. The West Coast Storm Screen is designed, fabricated, and installed according to the County of Los Angeles specifications and is an approved device by the County of Los Angeles Department of Public Works Design Division specifications: "When in the open position, the ARS must not reduce the hydraulic capacity of the catch basin by more than 10% over the mid and high flow range of the catch basin." The West Coast Storm Screen devices are utilized in the current City of Los Angeles' mandated Regional Water Quality Control Board's Total Maximum Daily Load (TMDL) Catch Basin Opening Screen Cover Project. The County of Los Angeles is included in the City of Los Angeles' Contract with West Coast Storm, Inc. and all units are subject to daily shop and installation inspections to ensure our products meet the County and City specifications. Additionally, West Coast Storm, Inc. completed the County of Los Angeles River Trash Total Maximum Daily Load Full Compliance, Catch Basin Retrofit- Phase 4 Project, which included installation of CPS and ARS devices. Page 2 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-23 61tvv st St ol-m,Inc. Storm ff-'ater and Environmental Sohrtions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) West Coast Storm Automatic Retractable Screens Operation Criteria The ARS device swings open and remains open as long as the flow depth exceeds specified height and return to the mechanically locked and closed position as the flow of water recedes. The West Coast Storm Screen device meets the following criteria: 1) Screens cover the entire existing curb opening. The maximum clear opening between the top, bottom, and sides of the curb opening and the screen or frame of the screen shall be '/z inch. 2) The Device has no springs, pulleys, buckets, troughs or protruding tracks, thereby enabling the full capture trash system to function without obstruction. 3) In curb openings with support bolts, multiple units shall be installed between the existing support bolt(s) to span the entire curb opening width. 4) The existing support bolt(s) shall be protected in place and the operation of the units shall not be hindered by the support of the bolt(s). 5) The maximum clear opening between adjacent screens, adjacent fixed frame members, or between the screens and support bolts shall be ''h inch. 6) At no point in its range of motion shall any part of the screen or the operating mechanism interfere with the function of a CPS device or its bypass. 7) If any part of the frame of the unit is fixed and does not swing open, the maximum allowed width of the fixed part of the frame is 1.5 inches per side per unit. No fixed parts shall obstruct the top or bottom of the catch basin opening. 8) All screens shall be fabricated from twelve (12) gauge (0.105 inches), with %-inch diameter holes, and with a total open area of not less than 50 percent. 9) The edges of the screen shall be ground to remove all sharp edges. 10) The ARS device can be adjusted to open (unlock) at a specific height specified. 11) The operational (locking) mechanism is isolated from the storm drain and debris. A built in 0.50 inch gap between the main screen and ARS ends also insures the mechanism isolation. Page 3 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A1HAZ Contractor License Number: 888152 25C-24 vv? (west Coast Storm,Inc. Storm IVater arrd Enrironme»tal Solullons County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) 12) All ARS devices have a locking mechanism that in the closed position prevents the brushes of street sweeping equipment from opening the screen when sweeping in front of the screen. The mechanism is a gear designed to automatically release and allow the screen to fully open with the flow of water per Operation Section below. 13) The gear locking mechanism for automatically opening the screen is opened by the force of water acting on the inner screen adjusted to open at specified water flow height. Manual release of the screen: push a screwdriver into any lower main screen hole and push the inner screen back to release main screen. 14) The main screen extension is adjusted to specified gap from bottom of catch basin curb opening. The main screen extension is used to insure a uniform %z inch gap from the bottom of the screen to the bottom of the catch basin curb opening across uneven surfaces. 15) The ARS device must open as required when the screen is partially blocked with trash. Note: As an approved County device, the West Coast Storm Screen passed testing by the County of Los Angeles which included hydro-testing and trash and debris blocking requirements. Fabrication The ARS device meets the following requirements: 1) The ARS device is fabricated with a built in overflow or top gap specified. 2) The main screen has 0.75 inch round openings with a 50% open pattern. The main screen extension has 0.75 inch round openings as well. 3) Inner screen extension is adjusted for required water height opening (unlocking) per specifications. 4) A standard 0.50 inch gap between the main screen and the ARS device ends is built in. 5) Parts are CNC punched to -f-/- 0.005 tolerance. 6) All parts are released for fabrication with applicable shop drawings and CNC programs. 7) Completed ARS devices are marked with location ID. 8) Completed ARS devices include all hardware and extensions. 9) ARS devices are shipped completely assembled. Page 4 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-25 West Coast Storm,Inc. Storm Dater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Device Assembly, Manufacturing. The ARS device is assembles according to the following requirements: I ) CNC punch all individual parts. 2) Place main screen extension onto main screen with bend facing up. 3) Secure extension to main screen using 10-32 screws and washers. 4) Place inner screen ends into sides of main screen. Place inner screen over the ends with holes aligned. 5) River inner screen to ends as shown insuring there is a minimum amount of lateral play. 6) Insert inner screen extension to inner screen. Secure inner screen extension to inner screen using 10-32 CRES screws and washers. 7) All screws will have an application of loctite in the field after adjustment to catch basin curb opening. 8) Gears assembled into sides and apply loctite. Insure gears move freely. 9) Place main screen assembly into ends. Place frame member onto ends and rivet together. 10) Seam weld in four places per drawings. Weld anti-theft washers to top pivots according to drawings. 11) Follow Quality Control Procedures to insure free movement of screen and locking mechanism functions properly. 12) Main screen extension is adjusted by loosening the 4 adjustment screws. The extension is lowered to a minimum 0.50 inch to a maximum 0.75 inch from the bottom of the drain opening. 13) Inner screen extension is adjusted by loosening the 3 adjustment screws. The extension can be lowered per specification. For example, if the desired screen opening is 1 inch water depth, the inner screen extension should be lowered to a one inch distance between the bottom of the extension and the bottom of the drain opening. 14) In grate installations, a grate filler plate is fabrication to ARS length. See drawings for more details. 15) ARS devices are shipped completely assembled. Field adjustments are made based on extension needs. No field welding of the ARS device is necessary. All sharp parts/edges are grinded at factory and in field as needed. Page 5 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-26 Y We! st Coast Stol n,lnc. Storm {Yater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-59I792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Installation and Removal. The screens are bolted to the concrete walls and soffit of the catch basin. No part of the screen or mechanism shall interfere with the removal of any existing gratings. Standard Design Elements (ARS): 12 gauge stainless steel screen with 3/4 -inch diameter holes with at total open area of not less than 50%. Locking mechanism prevents the brushes of street sweeping equipment from opening the screen while sweeping. The locking mechanism also prevents tampering of the units. The West Coast Storm Screen is specifically designed to open automatically by force of water during a rain event. The locking mechanism operates on horizontal pressure, not vertical pressure; this design keeps the units free of debris and sediment. The CAM gear design of the locking mechanism means no springs that break, no pulley or counter weights that require frequent maintenance, adjustment, or replacement. The ARS design has few moving parts, a simpler design is a more efficient, ease of maintenance, and working design. The gate closes upon water receding, no drainage of weeping buckets or cleaning out of operation components are needed. Below is an example of an installation in Coral Gables, Florida demonstrating an area where install conditions were good. Page 6 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-27 v West Coast Stonn,Inc. Storm JMater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Below is an installation of a long length drain at an Orange County installation site Buena Vista and Olive, EN showing multiple cell installations. Whether the drain is long or short, West Coast Storm, Inc. is able to retrofit according to needs. Page 7 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-28 wv? West Coast Storm.hlc. Storm O'ater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Tailored Design Elements: Device is manufactured to specification based on curb inlet height and length. The design can accommodate small to long inlets, any height, any curb length. Curved inlets can be fitted to meet capture needs, variable heights accommodations, out of square configurations. Drop down attachments allow unit conformity in even the most challenging dimensions, irregularities, and poor masonry workmanship. See the South Carolina installation photo below where the drain conditions were far from perfect. Installation was successful and assisted Richland County to remain in compliance. Page 8 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-29 West Coast Storm.] nc. Storm 11'ater a?rd Environmental Solutiars County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) CAD Files for the West Coast Storm Screen Device Automatic Retractable Screens Page 9 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General AMAZ Contractor License Number: 888152 25C-30 v West Coast Stonn,inc. 'Storm Maier and Emph-onmenial Sohilions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under .4 ttachnientA. Scope of Work) Materials. The West Coast Storm Screen ARS device meets the following requirements: 1) The ARS device is fabricated from 8-304 stainless steel. The structural members have a minimum thickness of 3/16 inches. 2) All S-304 structural shall be welded by a certified welder. 3) The ARS device is constructed of 12 gauge S-304 stainless steel except for the inner sail which is 20 gauge S-304 stainless steel. 4) All mounting hardware, bolts, screws, anchors, nuts, and washers are comprised of S-304 stainless steel. 5) Main Gear (locking mechanism) is integrated in the device. The locking mechanism is isolated from the storm drain and debris. A built in 0.50 inch gap between the main screen and ARS ends also insures the mechanism isolation. Flow or Range of Flows. The West Coast Storm screen is an approved automatic retractable screen device passing certain testing and specifications set forth by the City and County of Los Angeles. The West Coast Storm Screen is designed, fabricated, and installed according to the County of Los Angeles specifications and is an approved device by the County of Los Angeles Department of Public Works Design Division specifications: "When in the open position, the ARS must not reduce the hydraulic capacity of the catch basin by more than 10% over the mid and high flow range of the catch basin." The West Coast Storm Screen is also an approved device by the San Francisco Bay Regional Water Quality Control Board. Estimated Design Life. 25 years. Page 31 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-31 v X851 COI't11,I11C. Storm iVater a?rd Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP## 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) B. Performance Effectiveness for Connector Pipe Screens and Catch Basin Inserts. Automatic retractable screen are utilized to prevent trash from entering the storm drain during dry weather. Southern California's dry climate in a majority of the year. It is imperative to prevent trash from entering storm drains, enabling easy trash removal. According to a study carried out by the City of Los Angeles and approved by the Los Angeles Regional Water Quality Control Board. According to the City of Los Angeles, the effectiveness of the ARS helps reduce trash levels in storm drains by approximately 80%. C. Siting, Operational, and Maintenance. Installation Process. I . Prior to installation, measuring information is input into the ACCESS database. The sharing municipality can look at the information provided. This reporting process gives the municipality the information it needs to decide whether to proceed with installing at sites specified or not. 2. Our Santa Ana location provides West Coast Storm, Inc. with the ability to get our products and crews to any location within the County of Orange in minutes, not hours. 3. Up to 25 Two-man installation crews are ready to begin work. Each Crew consists of a Supervisor responsible for completion of all paperwork, correct Confined Space Entry procedures and traffic control protocol. All crews are equipped with a Company marked van; all installation tools and equipment necessary to complete the job. All traffic control devices, confined space entry equipment including 4-gas meter, man-lift tripod and harness are kept in the van. Vans are equipped with storage of all installation parts, and spare parts as needed. 4. Crews must set up traffic control and confined space procedures prior to installation. All of West Coast Storm field personnel, including Project Managers, are annually confined space rescue, confined space entry, and traffic control trained. 5. Project Managers meet with crews prior to installations daily. The Project Manager oversees units staging and distribution, parts distribution, and leads the mandatory daily tailgate safety meeting according to OSHA requirements. Page 32 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-32 v V k," West Coast Storm, Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) 6. Installation crews are provided a scheduled list of drains for installation on a daily basis. Each crew must report all confined space entries on forms provided. Each installation is reported on a BMP report form to record all installation procedures and quality control tests. 7. Crews are required to call into the office upon completion of every drain installation: time spent at drain, ARS length, CPS type, and any additional information. This real-time dispatch enables health & safety tracking, OSHA logs for confined space entry, and maintain cost controls for labor. 8. Paperwork from the day's installation includes BMP report forms on every install, work orders, time sheets, and confined space entry logs. When the paperwork arrives to the office the data from BMP report forms and the real-time dispatch is entered into the ACCESS database. Entering installation information on a daily basis ensures each drain is tracked and reported timely and accurately. 9. In addition to database input, a daily installation report of installs is sent to the municipality. Communication of daily installs ensures the job is progressing and continuing as scheduled. 10. Project Managers perform QAQC: Quality Assessment and Quality Control everyday. Managers are required to visit installations sites and perform health and safety checks. This process ensures public safety, workforce safety, no damage to property, as well as device installation ensuring it is complete and functioning properly. 11. Estimated time required to install each device is 20 minutes. West Coast Storm Screen Installation Process. 1. Before cutting the child safety bar you must slide the ARS unit into the drain opening for a test fit. If the unit slides in, pull the units back out and cut the child safety bars off if necessary. Do not cut the vertical support bar off. 2. Set the ARS unit(s) in front of the drain numerically from left to right. 3. Attach the mounting brackets (85-009) and hand-tighten the 3/8-16 hex nuts onto the ARS unit(s). 4. Place the unit(s) in the catch basin opening with the technician. 5. The technician will slide the unit 1-inch from curb batter. Using a tape measure, verify f - inch horizontally from center of front screen to curb batter line. Page 33 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-33 (west Coast Stonn.Inc. Storm Water and Cnvironinental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 0$0-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Altachment A. Scope of Work) 6. Place a level on the front end (85-001), and verify the unit is vertically level. Upon adjustment of the unit to vertical level position, ensure positioning is 1-inch horizontally from center of front screen to curb batter line. 7. Once the unit is level and proper positioning is verified, the technician will secure the unit for installation. 8. Slide the mounting brackets (85-009) up and/or down until they meet the wall face. 9. Tighten the 3/8-16 hex nuts to the ARS unit utilizing Loctite Red (thread locker). 10. Utilizing the Hammer Drill, drill two 3/8-inch pilot holes into the concrete. Drill the two holes a minimum of 6 inches apart in the sidewalls. 11. Hammer the 3/8-inch drop anchor SS sleeve as straight as possible until it is imbedded a minimum of 3-inches into the wall. 12. Place the standard washer and 3/8-16 nuts onto the 3/8-inch concrete drop anchor. Drill the two holes a minimum of 6 inches apart in the sidewalls. 13. Use a 14mm open-end wrench or socket ratchet and tighten until secure. Utilize Loctite Red (thread locker) before securing. Site-specific Measurements Required. West Coast Storm, Inc. requires minimum information prior to measuring, only drain location. In the even there is not clear data on drain locations, we can locate them upon municipality approval. Information provided to municipalities will include GPS coordinates, address, as well as catch basin measurements. We can and will work with municipal staff to acquire the proper information needed to import into a GIS mapping layer database. Equipped with an industry leading ACCESS database helps us export the information to create GIS mapping layers. Page 34 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General AMAZ Contractor License Number: 888152 25C-34 .. v V '.. ?J West Coast Storm, Inc. Storm it'ater and Envirortntental Soltitions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of fVork) Regulatory Permits Required for Installation. Confined space entry permitting is required on all drain installations. 40-hour HAZWOPER training is required for storm drain entry. Maintenance Requirements. Preventative Maintenance of regular street sweeping will prevent debris from building up in front of the unit. Suggested Yearly Maintenance. Inspections consist of visually inspecting the unit from street level and performing an opening-lock function check. Visual Inspection: 1. Clean away any built-up debris and foreign object debris. Remove any visible debris that may be on, in front of, and nearby the unit. 2. Look for any visible signs of vandalism or damage that may compromise the unit's ability to properly function. Attempted vandalism and slight damage should be inspected closely to ensure no future damage may result. Opening-Lock Function Check: I . Using a pen or screwdriver, insert it through the perforated openings at the center of the main screen in order to make contact with the sail (locking mechanism). 2. Push forward until the screen unlocks and hinges open. 3. Place your opposite hand against the screen so it does not close, slowly remove the pen or screwdriver from hole. 4. Slowly guide the screen down just before it locks, remove your hand letting the weight of the screen lock itself. 5. If the unit is not opening and closing to the standard in which it was installed and the unit is not hindered by debris or F.O.D. (foreign object debris) then the unit may be damaged and replacement may be necessary. Contact West Coast Storm, Inc. for further assistance. Page 35 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-35 RWPoast Storm.Inc. Scorn: Water and Environmental Sohrtions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of YFork) Durability. The West Coast Storm Screen locking mechanism prevent tampering and opening of the unit during street sweeping. No components of the unit protrude beyond the curb face whether in the locked or open position. Therefore, parked cars, moving cars, bicyclists, or pedestrians are not exposed to any protruding safety hazards and cannot damage the unit as a result. The unit's stainless steel construction allows us to offer a ten year warranty without hesitation. Availability of Replacement Parts and Life Expectancy. Manufacturing all components in-house is key, we are not subject to outside vendors or distributors out of inventory. In the event, replacement parts are needed, we will have your item readily available. Life expectancy is minimum 25 years. Stainless steel components should last the lifetime of the drain itself. Waranty. All parts and labor is covered for 10 years. Aesthetics and Safety. All manufacturing is performed with aircraft precision equipment. No manufacturing of units are performed in the field. Units are delivered assembled and ready for installation.Al1 parts are put through a timesaver deburring rough edges, resulting in a product that has no sharp edges. No components of the unit protrude beyond the curb face whether in the locked or open position. Therefore, parked cars, moving cars, bicyclists, or pedestrians are not exposed to any protruding safety hazards and cannot damage the unit as a result. Uniqueness. The locking mechanism operates on horizontal pressure, not vertical pressure; this design keeps the units free of debris and sediment. The CAM gear design of the locking mechanism means no springs that break, no pulley or counter weights that require frequent maintenance, adjustment, or replacement. The ARS design has few moving pants, a simpler design is a more efficient, ease of maintenance, and working design. The gate closes upon water receding, no drainage of weeping buckets or cleaning out of operation components are needed. Page 36 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-36 v v '?.J West Coast Stonminc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) D. Vendor's Installation Background. West Coast Storm, Inc. is a General A Engineering contractor with a hazardous substances removal certification combining storm water services and manufacturing in one company. Certified welders, certified fabrication machine operators, and up to 25 Two-man installation crews are ready to begin work. Our Santa Ana location provides West Coast Storm, Inc. with the ability to get our products and crews to any location within the County of Orange in minutes, not hours. All of West Coast Storm, Inc. operations personnel are fully trained under the following minimum requirements: - 40-Hour Hazardous Waste Operations Emergency Response (HAZWOPER) training in accordance with 29 Code of Federal Regulations (CFR) 1910.120 - 8-1-lour Hazardous Waste Operations Refresher training in accordance with 29 CFR 1910.120 - Confined Space Rescue and Entry training in accordance with 29 CFR 1910 In Addition, every operating employee of West Coast Storm, Inc. is enrolled in the Department of Motor Vehicles (DMV) Employee Pull Notice (EPN) Program as well as a Department of Transportation (DOT) Approved Random Drug and Alcohol Testing Program. All installation crews undergo rigorous installation training, emphasizing safety and quality control. Installers have hours of experience on many ARS & CPS installation projects performed countrywide. Page 37 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-37 e est Coast Storln,Inc. .................... ---=-. Storm Uater and Lnrlronmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Frill Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Screen Automatic Retractable Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) West Coast Storm, Inc. (WCS) has extensive experience in projects similar to that called for by present RFP. WCS has worked with public and private entities. All operations for the measuring, manufacturing and installation of the products are handled solely by WCS, no subcontractors are needed. Experience in municipal ARS &CPS projects includes finding drain locations, measuring and compiling reports to municipalities on the status of drains measured, upon release of the measured drains by the municipality (Purchase Order) manufacturing operations begin as soon as measurements are released by WCS, shipments are sent daily from Santa Ana to install crews, meeting sites are coordinated by Project Managers to best accommodate installation areas, installations are performed with proper traffic control measures and confined space entry protocol, real-time dispatch reporting from field to WCS office upon completion of each drain, daily reports are comprised and sent to the municipality upon QC, direct contact liaison relationships are established between project managers, office personnel, and municipalities. Handling the job from beginning to finish had proven to clients we are a simple, effective, and efficient way to do business. Similar product installations of Connector Pipe Screen and/or Automatic Retractable Screen projects include the County of Los Angeles, City of Rancho Palos Verdes, City of Anaheim, City of Beverly Hills, City of San Bernardino, City of Perris, City of Burlingame, City of Oceanside, City of Pico Rivera, City of Torrance, City of Fort Worth, Texas, Richland County (South Carolina); the State of Florida Department of Transportation and many others. Page 38 of 45 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-38 West Coast S gn-n,tnc. Storm {rater and Environmental SOlntions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) A. Description/Design/Engineering. The West Coast Storm.Connector Pipe Screen (CPS) Device meets the full trash capture definition set forth by the Los Angeles Regional Water Quality Control Board. West Coast Storm, Inc. (WCS) has successfully performed three County of Los Angeles contracts requiring Connector Pipe Screen (CPS) installations. All CPS devices were fabricated and installed per the Los Angeles Regional Water Quality Control Board approved specifications for the County of Los Angeles Connector Pipe Screen Device Full Capture System. See Certifications at the end of this section. Additionally, the West Coast Storm Connector Pipe Screen is San Francisco Bay Water Board Certified Device for frill capture. See Certifications at the end of this section. Description and Design Elements. General. The CPS prevents trash and debris from entering the storm drain lateral system by keeping the trash and debris inside the catch basin. West Coast Storm CPS Design. The CPS device is designed to retain all trash larger than 5 mm in the catch basin, thereby meeting the Regional Water Quality Control Board's definition of full capture in both Los Angeles and San Francisco Regions. 1) The CPS is designed and installed to maximize the trash capture volume of the catch basin. 2) The CPS bypass accommodates the catch basin design capacity if the screen becomes clogged. 3) The CPS does not interfere with the operation of the West Coast Storm Screen ARS devices. 4) The CPS is designed with a structural integrity to withstand a force of standing water (62.4lb/ft3) within the catch basin area if the screen is 100% clogged. 5) The center horizontal brace further secures the screen to the frame and add additional strength against severe water force. 6) The CPS is designed with a structural frame built to withstand a significant amount of force. The 5mm mesh is secured to the framework further enhancing the structural integrity of the unit. Page 2 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-39 v k,. pest WCoast Storin,Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of JVork) 7) The CPS is located or configured with deflector plates or screens such that street flows will be prevented from falling between the screen and the connector pipe. Any deflector plate shall be able to support a constant load of 10 lbs per linear foot. 8) The bottom and sides of the CPS unit is fabricated to conform tightly to the catch basin with a maximum gap of 5mm 9) The CPS shall be able to retain the trash and debris and prevent it from scouring and discharging with subsequent rain events. 10) The perimeter of the CPS includes a structural frame for stiffness, designed keyhole slots to fasten the CPS to the wall of the catch basin enabling complete removal of the unit if needed. 11) All components of the CPS are designed to remain secure during foreseeable storm water and debris flows and cleaning. The CPS is removable solely by the removal of mounting screws/bolts. 12) All parts/components of the CPS are sized to fit through the catch basin's manhole opening when the unit is disassembled. 13) Keyhole mounting provides for easy removal. 14) Bypass access door allows vertical access to the outlet pipe for cleaning. The access opens 90 degrees allowing the unit to stay open during cleaning. Stop supports are built into the bypass hatch frame to prevent the door being forced inward by water pressure or debris. Standard Design Elements (CPS): 5mm screen mesh, keyhole mounting slots, center and side extensions, 1 inch return flange, single wall mount unit, double wall mount, structural frame, bypass maintenance hatch. Tailored Design Elements: Bypass top with height variable supports, corner mount unit, angles units, floor units, removable bypass screen tops, top deflector plate, and an entirely removable unit. Page 3 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General AIHAZ Contractor License Number: 888152 25C-40 e)? v v %.. - West Coast Storm,inc. Storm {rater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFPH 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Mork) Sizing. The smallest workable catch basin dimension are H18" by W18." There is no restriction on large catch basins. Catch Basin Types & Configurations. Designed to address most types of catch basins: Types 300, 301, 302, 303, 305, 306, 307 to name a few. The CPS device is fabricated and installed to conform to the various configurations of the catch basin, keeping in mind the various layouts of the connector pipe, including designing a CPS with deflector plates or screen to prevent trash from falling between the screen and connector pipe. Page 4 of 41 654 South Lincoln Avenue, San Bernardino, CA 92448 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number 888152 25C-41 West Coast Stonn,Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A Scope of Mork) Materials. The CPS device meets the following requirements: 1) The CPS frame is manufactured/fabricated from 5-304 stainless steel. The structural members have a minimum thickness of 3/16 inches. 2) The CPS screen is manufactured/fabricated from perforated metal of Type 304 stainless steel. The geometrical opening shape is a diameter of 5mm. 3) The screen material used is at least 50% open area. 4) Any edge of the CPS that is not flush with the wall or floor of the catch basin shall be smooth with no prongs or jagged edges. 5) The assembly bolts, screws, nuts, and washers are fabricated entirely from S-304 stainless steel. Fabrication. The CPS device meets the following requirements: 1) CPS devices are fabricated to individual field measurements. 2) Bypass height is specified with the field measurements. 3) The need for a bypass top is specified with the field measurements: 4) Horizontal and vertical members are modified to the necessary measurements, drawings, and CNC programs are released. 5) Parts are CNC punched to +/- 0.005 tolerance. 6) Parts are formed to +/- 0.015 tolerance. 7) Parts are assembled and welded to +/- 0.030 tolerance. 8) All pants are released for fabrication with applicable shop drawings and CNC programs. 9) CPS assembly is by seam welding. 10) Completed CPS devices are marked with location ID. 11) Completed CPS devices include all hardware and bottom extensions. 12) CPS devices are shipped completely assembled. Page 17 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-42 West Coast Stonn,lnc. Storm lVater and Envirownental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Device Manufacturing Assembly. The CPS device is assembled accordu1g to following requirements: 1) CNC punch all individual parts. 2) Form (bend) all parts to the appropriate drawing. 3) Insert all necessary hardware into the required parts. 4) Seam weld the vertical members to the horizontal members ]Waking the frame. 5) Be sure frame is square. 6) Cut individual perforated screen for necessary areas. 7) Tack weld the perforated screen into the frame. 8) Using the 10-32 CREW screws, attach the appropriate bypass supports (if needed). 9) Using the 10-32 CREW screws, attach the appropriate bypass top (if needed). 10) Using the 10-32 CREW screws, attach the bottom extensions. 11) Mark the CPS device with the applicable location ID. 12) CPS devices are shipped completely assembled. Most CPS devices will fit through the man hole assembled. If they don't fit, the bypass top and supports can be removed and re- assembled in the storm drain. Flow or range of flows for which device is rated (in cubic feet per second). The table below provides an example of screen capacity in cubic feet per second based on a catch basin with a 3.5' V-depth. V-depth (ft) CB width Max 10-yr. flow rate (efs) Bypass Height (in) Freeboard (in) Screen Height (in) Max 1-yr. flow rate (cfs) Clearance (in) Screen Length (ft) Screen Capacity (cfs) 3.5 3.5 2.8 6.0 6.0 18 0.6 10.0 1.5 1.5 3.5 7.0 5.3 6.0 6.0 18 1.2 10.0 2.9 2.9 3.5 10.0 7.5 6.0 5.0 18 1.7 10.0 3.8 3.8 3.5 14.0 10.0 8.0 0 18 2.2 8.0 3.1 3.1 3.5 21.0 13.9 8.0 0 18 3.1 8.0 4.3 4.3 3.5 28.0 17.3 12.0 0 18 3.8 4.0 3.9 3.9 Note: Results were obtained from the California Regional Water Quality Control Board, Los Angeles Region Approved County ofLos Angeles Connector Pipc Screen Design Technical Report, page 12. Page 18 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-43 v V ?St clesoltC-ost Slorm,lnc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Estimated design life of equipment. Minimum 25 years. B. Performance Effectiveness for Connector Pipe Screens and Catch Basin Inserts. Performance. The purpose of the Connector Pipe Screen is designed to retain all trash larger than 5mm in the catch basin, it prevents trash and debris from entering the storm drain lateral keeping the trash inside the catch basin. When trash is prevented from entering the lateral system a reduction in clogged and standing trash and debris within drain laterals result. Trash reduction meets requirements approved by the County of Los Angeles Regional Water Quality Control Board. Capturing trash and enabling water flow keeps the storm drain system operating at its engineered design capacity. Trash Capture. Capacity is determined by the dimensions of the catch basin, which is utilized as the receptacle to hold trash captured. For example, a three and a half foot catch basin "V-depth" will hold an eighteen inch tall screened device with a G inch bypass. The device is designed to capture trash up to the device's bypass within the catch basin. Page 19 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number. 888152 25C-44 West Coast Stomi Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Overflow or bypass flow capacity. The bypass structure must pass the maximum catch basin flow in order to provide proper flow protection. The West Coast Storm CPS is designed to meet this requirement established by the California Regional Water Quality Control Board, Los Angeles Region Approved County of Los Angeles Connector Pipe Screen Design. For an example of maximum 10-year and 1-year flows see the table provided see below. V-depth (ft) CB Width Max 10-yr. flow rate (cfs) Bypass Height (in) Freeboard (in) Screen Height (in) Max 1-yr. flow rate (cfs) Clearance (in) Screen Length (ft) Screen Capacity (cfs) 3.5 3.5 2.8 6.0 6.0 18• 0.6 10.0 1.5 1.5 3.5 7.0 5.3 6.0 6.0 18 1.2 10.0 2.9 2.9 3.5 10.0 7.5 6.0 5.0 18 1.7 10.0 3.8 3.8 3.5 14.0 10.0 8.0 0 18 2.2 8.0 3.1 3.1 3.5 21.0 13.9 8.0 0 18 3.1 8.0 4.3 4.3 3.5 28.0 17.3 12.0 0 18 3.8 4.0 3.9 3.9 Now Xesuits were obtained from the California Regional Water Quality Control Board, Los Angeles Region Approved County of Los Angeles Connector Pipe Screen Design Technical Report, page 12. Page 20 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/FIAZ Contractor License Number: 888152 25C-45 West Coast Stol`111,Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) C. Siting Operational, and Maintenance. Installation Process. 1. Prior to installation, measuring information is input into the ACCESS database. The sharing municipality can look at the information provided. This reporting process gives the municipality the information it needs to decide whether to proceed with installing at sites specified or not. 2. Our Santa Ana location provides West Coast Storm, Inc. with the ability to get our products and crews to any location within the County of Orange in minutes, not hours. 3. Up to 25 Two-man installation crews are ready to begin work. Each Crew consists of a Supervisor responsible for completion of all paperwork, correct Confined Space Entry procedures and traffic control protocol. All crews are equipped with a Company marked van, all installation tools and equipment necessary to complete the job. All traffic control devices, confined space entry equipment including 4-gas meter, man-lift tripod and harness are kept in the van. Vans are equipped with storage of all installation parts, and spare parts as needed. 4. Crews must set up traffic control and confined space procedures prior to installation. All of West Coast Storm field personnel, including Project Managers, are annually confined space rescue, confined space entry, and traffic control trained. 5. Project Managers meet with crews prior to installations daily. The Project ]Manager oversees units staging and distribution, parts distribution, and leads the mandatory daily tailgate safety meeting according to OSHA requirements. 6. Installation crews are provided a scheduled list of drains for installation on a daily basis. Each crew must report all confined space entries on forms provided. Each installation is reported on a BUT report form to record all installation procedures and quality control tests. 7. Crews are required to call into the office upon completion of every drain installation: time spent at drain, ARS length, CPS type, and any additional information. This real-time dispatch enables health & safety tracking, OSHA logs for confined space entry, and maintain cost controls for labor. Page 21 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-46 yW e st ast Storln,lnc. Storm TYaler and Environmental Sohnions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) 8. Paperwork from the day's installation includes BMP report forms on every install, work orders, time sheets, and confined space entry logs. When the paperwork arrives to the office the data from BMP report forms and the real-time dispatch is entered into the ACCESS database. Entering installation information on a daily basis ensures each drain is tracked and reported timely and accurately. 9. In addition to database input, a daily installation report of installs is sent to the municipality. Communication of daily installs ensures the job is progressing and continuing as scheduled. 10. Project Managers perform QAQC: Quality Assessment and Quality Control everyday. Managers are required to visit installations sites and perform health and safety checks. This process ensures public safety, workforce safety, no damage to property, as well as device installation ensuring it is complete and functioning properly. 11. Estimated time required to install each device is 20 minutes. Connector Pipe Screen Device Installation Process. 1. Bring the CPS unit into the catch basin and set in front of outlet hole. The unit may . require that you detach the bypass component depending on the size of the catch basin opening. Establish a definite location and then mark your holes for drilling. Make sure to mark in a spot that will allow for unit removal through the predrilled keyhole slots. 2. Remove the CPS unit from the installation wall. Drill 3/8" holes where you marked. Make sure to drill straight into the catch basin wall to avoid mounting difficulties. 3. Hammer 3/8"035" stainless steel anchor bolts into the holes. 4. After all of the anchor bolts are hammered into place, attach the CPS onto the anchor bolts to assure a proper fit. 5. Remove the bypass top screen with bypass supports. Then position the drop down panels inside the body of the CPS unit to estimate for custom cuts. The drop- down panels are designed to bridge the gap between the bottom of the CPS unit and the bottom of the catch basin which is usually concave. Carefully mark onto the drop down panel where your custom cuts should go. 6. Make cuts using a compact grinder. Be sure to sand off any sharp edges. 7. Once the drop down panels are custom cut to conform with the catch basin surface, attach the panels to the body of the CPS unit using bolts provided. 8. Replace the bypass roof and vertical legs to the CPS body. Tighten with bolts provided. 9. Tighten the nuts on all of the anchor bolts and assure a tight fit. Page 22 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-47 West Coast S ol-n,1nc, Storm Waler and Environmental Solnlions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Site-specific Measurements Required. West Coast Storm, Inc. requires minimum information prior to measuring, only drain location. In the even there is not clear data on drain locations, we can locate them upon municipality approval. Information provided to municipalities will include GPS coordinates, address, as well as catch basin measurements. We can and will work with municipal staff to acquire the proper information needed to import into a GIS mapping layer database. Equipped with an industry leading ACCESS database helps us export the information to create GIS mapping layers. Regulatory Permits Required for Installation. Confined space entry permitting is required on all drain installations. 40-hour HAZWOPER training is required for storm drain entry. Maintenance Requirements. Preventative Maintenance. Maintenance crews should regularly check catch basins and establish a maintenance schedule based on the level of debris collected. Some areas will require more frequent cleaning than others. Catch basins should be cleared of debris to allow for water to freely flow through the screens. Pressure-washing the unit may additionally benefit but is not necessary. Suggested Yearly Maintenance. Visual Inspection: 1. Built-up debris and foreign object debris can hinder the unit's operation. Remove any visible debris that may be on, in front of, and nearby the unit. 2. Look for any visible signs of vandalism or damage that may compromise the unit's ability to properly function. Attempted vandalism and slight damage should be inspected closely to ensure no future damage may result. Page 23 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General AIHAZ Contractor License Number. 888152 25C-48 West Coast Storm, Inc. Storm lf?ater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) Durability. The stainless steel structural framework (ecto-skeletal frame) provides structural integrity to withstand extreme amounts of water pressure. Installation within the catch basin ensures no external factors present to damage unit. The unit's stainless steel construction allows us to offer a ten year warranty without hesitation. Availability of Replacement Parts and Life Expectancy. Manufacturing all components in-house is key, we are not subject to outside vendors or distributors out of inventory. In the event, replacement parts are needed, we will have your item readily available. Life expectancy is minimum 25 years. Stainless steel components should last the lifetime of the drain itself. Waranty. All parts and labor is covered for 10 years. Aesthetics and Safety. All manufacturing is performed with aircraft precision equipment. No manufacturing of units are performed in the field. Units are delivered assembled and ready for installation. All parts are put through a timesaver debuiring rough edges, resulting in a product that has no sharp edges. Uniqueness. The stainless steel structural framework (ecto-skeletal frame) provides structural integrity to withstand extreme amounts of water pressure. The bypass maintenance hatch is specially designed for ease of drain cleaning operations. Drop down extension plates enable conformity to the catch basin interior without compromising the unit's and structural strength. Page 24 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-49 West Coast StornInc. Storm TYater and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (Information provided to the City as requested in the RFQ documents under Attachment A. Scope of Work) D. Vendor's Installation Background. West Coast Storm, Inc. is a General A Engineering contractor with a hazardous substances removal certification combining storm water services and manufacturing in one company. Certified welders, certified fabrication machine operators,and up to 25 Two-man installation crews are ready to begin work. Our Santa Ana location provides West Coast Storm, Inc. with the ability to get our products and crews to any location within the County of Orange in minutes, not hours. All of West Coast Storm, Inc. operations personnel are fully trained under the following minimum requirements: - 40-Hour Hazardous Waste Operations Emergency Response (HAZWOPER) training in accordance with 29 Code of Federal Regulations (CFR) 1910.120 - 8-Hour Hazardous Waste Operations Refresher training in accordance with 29 CFR 1910.120 - Confined Space Rescue and Entry training in accordance with 29 CFR 1910 In Addition, every operating employee of West Coast Storm, Inc. is enrolled in the Department of Motor Vehicles (DMV) Employee Pull Notice (EPN) Program as well as a Department of Transportation (DOT) Approved Random Drug and Alcohol Testing Program. All installation crews undergo rigorous installation training, emphasizing safety and quality control. Installers have hours of experience on many ARS & CPS installation projects performed countrywide. Page 25 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-50 West Coast Storm.Inc. Storm Water and Environmental Solutions County of Orange, OC Public Works Automatic Retractable Screen Excluders, Connector Pipe Screen Full Capture Trash Systems, and Catch Basin Inserts RFP# 080-591792 West Coast Storm Connector Pipe Screen Equipment Design and Specification Report (information provided to the City as requested in the RFQ documents under Attachment A. Scope of TYork) West Coast Storm, Inc. (WCS) has extensive experience in projects similar to that called for by present RFP. WCS has worked with public and private entities. All operations for the measuring, manufacturing and installation of the products are handled solely by WCS, no subcontractors are needed. Experience in municipal ARS &CPS projects includes finding drain locations, measuring and compiling reports to municipalities on the status of drains measured, upon release of the measured drains by the municipality (Purchase Order) manufacturing operations begin as soon as measurements are released by WCS, shipments are sent daily from Santa Ana to install crews, meeting sites are coordinated by Project Managers to best accommodate installation areas, installations are performed with proper traffic control measures and confined space entry protocol, real-time dispatch reporting from field to WCS office upon completion of each drain, daily reports are comprised and sent to the municipality upon QC, direct contact liaison relationships are established between project managers, office personnel, and municipalities. Handling the job from beginning to finish had proven to clients we are a simple, effective, and efficient way to do business. From 2009 to 2010, WCS was honored to perform under contract with the County of Los Angeles for multiple projects including the manufacturing and installation of over 1,800 Connector Pipe Screen (CPS) devices and 2,500 Automatic Retractable Screen (ARS) devices for the County of Los Angeles River Trash Total Maximum Daily Load Full Compliance, Catch Basin Retrofit-Phase 4; manufacturing and installation of over 1,000 Connector Pipe Screen (CPS) devices for the Los Angeles River Trash Full Capture City of Los Angeles High Trash Generation Area Catch Basin Retrofit; installation of 101 Connector Pipe Screen (CPS) devices for the Ballona Creek Trash TMDL Full Compliance Phase 2, Catch Basin Retrofit project in the unincorporated community of View Park. Similar product installations of Connector Pipe Screen and/or Automatic Retractable Screen projects include the City of Los Angeles, City of Rancho Palos Verdes, City of Anaheim, City of Beverly Hills, City of San Bernardino, City of Perris, City of Burlingame, City of Oceanside, City of Pico Rivera, City of Torrance, City of Fort Worth, Texas, Richland County (South Carolina), the State of Florida Department of Transportation and many others. Page 26 of 41 654 South Lincoln Avenue, San Bernardino, CA 92408 - Telephone 909.890.5700 Facsimile 909.890.5988 California General A/HAZ Contractor License Number: 888152 25C-51 i D oy a 'iu Ml.?CAOY 0 •, o r ti LsGIVVI CM ti r 1+ ?u?t1 0 "Ja 1 1- 0 LL M oil FA? e t. to 25C-52 EX PART TWO: FUNDING (continued) Estimated Capital Costs Item H Description Unit Quantity Unit Price Amount 1 ARS & CPS Nest Coast Storm <4' 9 $ 674 $ 6,066 2 ARS & CPS Nest Coast Storm 4.1'-G 6 S 900 $ 5,400 3 ARS & CPS West Coast Storm 61-10' 25 $ 996 $ 24,900 4 ARS & CPS West Coast Storm 10.11-16 36 $ 1,190 S 42,840 5 ARS & CPS West Coast Storm >16, 13 $ 1,590 $ 20,670 Total Catch Basins 89 Subtotal: $99,876 Estimated Installation Costs Item # Description Unit Quantity Unit Price Amount S - S - S - S - S - $ - S - S - S - S - S - S - S - S - Subtotal: SO Other Costs Item # Description Hour dollars/hour Amount S - S - Catch Basin Lispections by City Staff 311.5 $ 51 S 15,849 89 catch basins at 3x / year for 10 years S - S - (assuming 7 munUes per inspection) $ $ _ 3x / year is dependent on storm events $ _ S - EA Dollars/year total/ 10-yr Contracted BNtP Cleaning and Maintenance 89 $ 70.00 S 62,300 89 catch basins at min. 2x1yr. for 10 years. S - $ - 2x f year is dependent on store events Subtotal: $78,149 TOTAL PROJECT COST $178,025 Page 8 25C-53 25C-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE COOPERATIVE AGREEMENT WITH OCTA FOR PRELIMINARY ENGINEERING FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT (PROJECT 126766) ITY MANA ER 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 Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the Orange County Transportation Authority (OCTA), in an amount not to exceed $5,541,700 for preliminary engineering, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to correctly allocate Federal Transit Administration (FTA) Section 5307 transit funds in the amount of $4,433,360 budgeted in the Select Street Construction Revenue Fund for Federal Grants-Direct (accounting unit 05917002- 52000) to the Measure M Street Construction Revenue Fund for Other Grants (accounting unit 03217002-52040) and the appropriation of the same $4,433,360 from the Select Street Construction Expense Fund (accounting unit 05917660-66220) to the OCTA Transitway Project - MOS3 Expense Fund (03217661-66220). DISCUSSION The Cities of Santa Ana and Garden Grove are working collaboratively with OCTA on the Santa Ana and Garden Grove Fixed Guideway Project. On May 12, 2008, the OCTA Board allocated $5.9 million in Step 2 funding to Santa Ana for planning and development of the fixed guideway project. Shortly thereafter, the City and OCTA entered into a cooperative agreement to define their respective roles and responsibilities for project delivery. This effort is nearing conclusion. An environmental impact report/environmental assessment is being prepared which includes studies of no-build alternatives and two streetcar alternatives. Staff plans to release the document for public review in January 2012, and to bring the issue to the City Council in spring of 2012 for selection of a preferred alternative. On November 22, 2010, the OCTA Board allocated an additional $5,541,700 to Santa Ana for Fixed Guideway Preliminary Engineering (PE) and Pre-PE activities. The funding split included 80 percent FTA Section 5307 funds ($4,433,360), 10 percent M2 Project S funds ($554,170), and a 10 percent local city match ($554,170). On March 7, 2011, the City Council authorized 25D-1 Cooperative Agreement With OCTA November 28, 2011 Page 2 staff to execute a second cooperative agreement with OCTA clarifying the roles of the two agencies needed to meet the federal New Starts Program guidelines and requirements for project development activities. The appropriation adjustment is required because the FTA Section 5307 funds were previously budgeted incorrectly. Prior to advancing the project into preliminary engineering, OCTA staff requested the Board's approval to establish a formal federal grant recipient relationship between FTA, OCTA, and the Cities of Santa Ana and Garden Grove to expedite local project delivery in the context of the federal New Starts process. On September 26, 2011, the OCTA Board determined that OCTA should be identified as the federal grantee and that the cities should be grantee subrecipients for purposes of applying to the FTA New Starts funding program for the fixed guideway project. The OCTA is a proven entity to FTA in terms of delivering complex capital projects with the use of federal funds and is, therefore, in a better position than the cities to attract FTA capital funding for the project. In its role as federal grantee, OCTA would contribute its technical expertise for (1) project delivery, and, (2) compliance with the FTA oversight process. This not only reduces the administrative burden for the City, but helps to gain FTA's confidence that the project will be managed well. The proposed new cooperative agreement defines the roles and responsibilities related to funding and project delivery between OCTA and Santa Ana for the preliminary engineering phase of the Santa Ana and Garden Grove Fixed Guideway project. The new agreement establishes that OCTA will serve as the FTA grantee for the project and that Santa Ana will serve as the subgrantee. Consistent with the previous agreement, Santa Ana will act on behalf of its partner city, Garden Grove, for purposes of project administration. Garden Grove will continue to be an active participant in the project development and community outreach processes. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The new cooperative agreement doesn't change the previously approved funding allocation of $5,541,700 for this project. Funds for the local match of 10 percent for PE in the amount of $554,170 to be paid in increments of $277,085 in FY 11/12 and FY 12/13 are available in Measure M Street Construction (accounting unit 03217662-66220, project 126766). 2501-2 Cooperative Agreement With OCTA November 28, 2011 Page 3 rtC4e,4?4? RauTGodinez II / Executive Directo Public Works Agency RG/DB Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-1-3099 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR PROJECT DEVELOPMENT ACTIVITIES AND PRELIMINARY ENGINEERING OF THE SANTA ANA AND GARDEN GROVE FIXED GUIDEWAY PROJECT THIS AGREEMENT is effective this day of 2011, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY", and the City of Santa Ana, P.O. Box 1988, Santa Ana, California 92702, a municipal corporation (hereinafter referred to as "CITY") (mutually referred to herein as "PARTIES" or each individually as a "PARTY"). RECITALS: WHEREAS, AUTHORITY and the CITY entered into Cooperative Agreement C-8-1157 on September 9, 2008, to define the specific terms and conditions, and roles and responsibilities for completion of the Alternatives Analysis, conceptual engineering, detailed planning, project management and state/federal environmental clearance for the Santa Ana/Garden Grove Fixed- Guideway; and WHEREAS, the AUTHORITY's Board of Directors on November 22, 2010, approved Project "S" funding application and funding plan providing Four Million Four Hundred Thirty Three Thousand Three Hundred Sixty Dollars ($4,433,360) of Section 5307 transit funds (80%) and Five Hundred Fifty Four One Hundred Seventy Thousand Dollars ($554,170) or (10%) of Renewed Measure M (hereinafter referred to as "M2") Project S funds for the project development activities Page 1 of 17 F:\RFCA.S\R!-CA-FINAL\1 ? 28 11 EXHIBIT OCTA FIXED GUIDEWAY COOP.DOCX 25D-4 COOPERATIVE AGREEMENT NO. C-1-3099 i and the Preliminary Engineering Phase (as defined in Project "S" application, received by the z AUTHORITY dated October 8, 2010) for the Santa Ana and Garden Grove Fixed Guideway 3 Corridor; (hereinafter referred to as "PROJECT"); and 4 WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement C-1-2447 on May 5 20, 2011 to define the roles and responsibilities related to funding between the AUTHORITY and 6 CITY for the PROJECT; and 7 WHEREAS, on September 26, 2011, the AUTHORITY'S Board of Directors approved that s the AUTHORITY will serve as the Federal Transit Administration Grantee for the PROJECT and that 9 the CITY will serve as the sub-recipient; and 10 WHEREAS, AUTHORITY and the CITY desire to amend and restate and enter into an >> amended and restated Cooperative Agreement that supersedes Cooperative Agreement C-1-2447 12 to define the roles and responsibilities related to funding between the AUTHORITY and CITY for the 13 PROJECT; and 14 WHEREAS, the CITY is acting on behalf of itself as well as its partner, the City of Garden 15 Grove, as the local agency lead for the PROJECT; and 16 WHEREAS, the AUTHORITY and the CITY agree that the terms and conditions of this 17 Agreement only apply to the project development and Preliminary Engineering as that term is Is defined by the Federal Transit Administration and that if the Santa Ana/Garden Grove Fixed- 19 Guideway Project moves beyond the Preliminary Engineering PHASE, the AUTHORITY and the 20 CITY will be required to enter into additional agreements addressing, at a minimum, the roles and 21 responsibilities of the AUTHORITY and the CITY during design and construction of the Santa 22 Ana/Garden Grove Fixed-Guideway Project and the roles and responsibilities of the AUTHORITY 23 and the CITY relative to the operations and maintenance of the Santa Ana/Garden Grove Fixed- 24 Guideway Project after completion of construction; and 25 26 Page 2 of 17 25D-5 COOPERATIVE AGREEMENT NO. C-1-3099 1 WHEREAS, the CITY has agreed to provide non federal funding in the amount of Five 2 Hundred Fifty Four Thousand One Hundred Seventy Dollars ($554,170) or (10%) as the required 3 local match for the PROJECT; and 4 WHEREAS, the AUTHORITY is the designated grant recipient for Federal Transit 5 Administration (FTA) Section 5307 funds and will reimburse CITY for eligible expenditures, 6 contingent upon funds being approved by FTA; and 7 WHEREAS, AUTHORITY and CITY agree CITY must fulfill M2 eligibility requirements prior 8 to release of M2 funds; and 9 WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT 10 including project development activities and Preliminary Engineering shall be Five Million Five 11 Hundred Forty One Thousand Seven Hundred Dollars ($5,541,700) in accordance with EXHIBIT A 12 "FUNDING PLAN", attached hereto and incorporated by reference; and 13 WHEREAS, under the direction of the AUTHORITY, the CITY agrees to be responsible for 14 project development and Preliminary Engineering Phases of said PROJECT; and 15 WHEREAS, CITY and AUTHORITY are mutually desirous of advancing PROJECT and will 16 work cooperatively to identify potential funding sources to continue that effort; and 17 WHEREAS, CITY agrees to fulfill M2 Comprehensive Transportation Funding Program 18 Guidelines and FTA funding compliance and reporting requirements; and 19 WHEREAS, CITY and AUTHORITY agree if reimbursement procedures differ between M2 20 Comprehensive Transportation Funding Program and FTA reimbursement procedures, FTA 21 reimbursement procedures shall take precedence; and 22 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding 23 responsibilities between AUTHORITY and CITY for completion of the PROJECT; and 24 WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on 25 26 Page 3 of 17 25D-6 COOPERATIVE AGREEMENT NO. C-1-3099 i NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 2 follows: 3 ARTICLE 1. COMPLETE AGREEMENT 4 A. This Agreement, including any attachments incorporated herein and made applicable s by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of 6 this agreement between AUTHORITY and CITY and it supersedes all prior representations, 7 understandings, and communications. The invalidity in whole or in part of any term or condition of s this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The 9 above referenced Recitals are true and correct and are incorporated by reference herein. 10 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any it term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 12 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), 13 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any 14 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed is in writing by an authorized representative of AUTHORITY by way of a written amendment to this 16 Agreement and issued in accordance with the provisions of this Agreement. 17 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any is term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 19 CITY's right to such performance or to future performance of such term(s) or condition(s), and 20 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 21 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in 22 writing by an authorized representative of CITY by way of a written amendment to this Agreement 23 and issued in accordance with the provisions of this Agreement. 24 ARTICLE 2. SCOPE OF AGREEMENT 25 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the 26 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate Page 4 of 17 25D-7 COOPERATIVE AGREEMENT NO. C-1-3099 i and coordinate with the other in all activities covered by this Agreement and any other supplemental 2 agreements that may be required to facilitate purposes thereof. 3 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 4 AUTHORITY agrees to the following responsibilities for PROJECT: s A. AUTHORITY shall formally request on behalf of the CITY that the Southern California 6 Association of Governments (SCAG) amend the Federal Transportation Improvement Program (FTIP) 7 to provide FTA funding to the PROJECT, whereby AUTHORITY's performance under this Agreement is s contingent upon SCAG and FTA approval. 9 B. AUTHORITY will perform oversight of the M2 and federal funds in compliance with M2 10 eligibility guidelines, Comprehensive Transportation Funding Program Guidelines and Federal Transit ii Administration (FTA) funding requirements. 12 C. AUTHORITY shall remit to CITY within 30 days of receipt of an acceptable invoice, in 13 accordance with ARTICLE 5 REQUEST FOR REIMBURSEMENT and EXHIBIT A "FUNDING 14 PLAN", reimbursement for development activities and preliminary engineering up to ninety (90%) is percent of eligible M2 and Section 5307 PROJECT costs. Such PROJECT costs shall not exceed the 16 sum of Four Million Nine Hundred Eighty Seven Thousand Five Hundred Thirty Dollars ($4,987,530) 17 and are subject to authorization through the AUTHORITY's annual budget process. AUTHORITY will is not be obligated to pay for any amount beyond what has been identified in this Article. 19 D. AUTHORITY shall process any required Federal Transportation Improvement Program 20 amendments and FTA grant agreements. 21 E. AUTHORITY shall review final drafts of, and the Chief Executive Officer of the 22 AUTHORITY or his designee shall approve, PROJECT documents that CITY prepares, or causes to be 23 prepared, related to the PROJECT, and provide comments and/or approval within 10 working days of 24 receipt of such documents. 25 F. AUTHORITY shall undertake the following activities: 26 a. Execute the annual FTA certifications and assurances. Page 5 of 17 25D-8 COOPERATIVE AGREEMENT NO. C-1-3099 i b. Execute the annual FTA Compliance Self-Certification; 2 c. Notify beneficiaries of protection under Title VI; 3 d. Maintain a Title VI complaint procedure; 4 e. Provide meaningful access to limited-English persons (LEP), low-income and s minority persons. 6 ARTICLE 4. RESPONSIBILITIES OF CITY 7 CITY agrees to the following responsibilities for PROJECT: s A. CITY shall act as the lead agency for development activities and Preliminary 9 Engineering (PE) for the PROJECT. 10 B. Under the supervision, direction and approval of the AUTHORITY, CITY shall be ii responsible for completing all PROJECT development activities as defined by FTA in EXHIBIT F "NEW 12 STARTS PROJECT PLANNING AND DEVELOPMENT CHECKLIST OF PROJECT SPONSOR 13 SUBMITTALS TO FTA TO ENTER PRELIMINARY ENGINEERING (PE)" or EXHIBIT G "SMALL 14 STARTSNERY SMALL STARTS REPORTING CHECKLIST", attached hereto and incorporated by is reference. Preliminary Engineering/Project Development checklist requirements vary depending upon if 16 the Santa Ana/Garden Grove Fixed-Guideway Project is eligible for New or Small Starts. A comparison 17 of new starts and small starts evaluation and rating is included in EXHIBIT H "SIDE-BY-SIDE OF is REQUIRED INFORMATION FOR NEW STARTS/SMALL STARTS EVALUATION AND RATING". 19 CITY and the AUTHORITY are responsible for meeting the appropriate requirements once the 20 appropriate federal funding program is identified pending confirmation of Santa Ana/Garden Grove 21 Fixed-Guideway Project's capital cost. 22 C. CITY shall be responsible for completing the aforementioned development activities 23 prior to AUTHORITY requesting entry into Preliminary Engineering from FTA. In the event FTA does 24 not approve entry into PE, AUTHORITY is not obligated to reimburse CITY for any additional 25 PROJECT costs, beyond Preliminary Engineering. 26 Page 6 of 17 25D-9 COOPERATIVE AGREEMENT NO. C-1-3099 1 D. Upon FTA approval to enter into PE, under the direction of the AUTHORITY, CITY z shall be responsible for completing activities defined by FTA in EXHIBIT I "NEW STARTS 3 PROJECT PLANNING AND DEVELOPMENT CHECKLIST OF PROJECT SPONSOR a SUBMITTALS TO FTA TO ENTER FINAL DESIGN (FD)", attached hereto and incorporated by s reference, before requesting entry into Final Design (FD). 6 E. Preliminary Engineering is defined by the Federal Transit Administration as 7 completion of 30-50% of the design drawings and specifications. At the conclusion of PE, as required 8 by the Federal Transit Administration, under the direction of the AUTHORITY, CITY shall complete all 9 documentation including, but not limited to documentation that defines any required right-of-way 10 acquisition, utility relocation, third party agreements and the preparation of final construction plans 11 (including construction management plans), detailed specifications, construction cost estimates, and bid 12 documents. Under the direction of the AUTHORITY, CITY shall prepare the PROJECT's final financial 13 plan. CITY shall collect and analyze data needed to prepare the Before and After Study. Specifically, 14 the PE package shall include, but is not limited to: 15 1. Final Environmental Documentation 16 2. Vehicle fleet procurement strategy 17 3. 30% design completion including: 18 a. Complete alignment drawings 19 b. Complete station location drawings 20 c. 30% systems drawings including location of traction power substations 21 d. Major utility relocation mitigation plan 22 e. Real Estate parcel definition, Operations and Maintenance Facility 23 F. CITY shall conduct all procurement related activities for the PROJECT pursuant to 24 CITY's procurement policies and procedures and FTA requirements. If there is a conflict between 25 the CITY's procedures and the FTA procedures, the FTA procedures control. 26 G. CITY shall submit to AUTHORITY for review, comment and approval by the Chief Page 7 of 17 25D-10 COOPERATIVE AGREEMENT NO. C-1-3099 i Executive Officer of the AUTHORITY or his designee all final documents relative to the procurement 2 process including, but not limited to, the Request For Proposals (RFP) and resulting agreement 3 between the CITY and the selected entity, or entities, that shall pertain to the PROJECT. At best one 4 AUTHORITY representative or representatives will serve on all procurement selection panels. s / 6 H. CITY shall meet with AUTHORITY on a regular basis, not less than once a month, to 7 review PROJECT status and discuss any PROJECT issues. s I. In preparation for the required FTA Risk Assessment, CITY shall actively participate in a 9 one-day workshop with the AUTHORITY to conduct a Preliminary Project Risk Assessment. 10 J. CITY shall be responsible for submitting quarterly reports as specified in EXHIBIT E 11 "FTA 5307 QUARTERLY REPORT FORM", attached hereto and incorporated by reference, for the 12 PROJECT due on April 15, August 15, October 15 and January 15 of each year. 13 K. CITY shall be responsible for accepting and complying with all applicable FTA statutory, 14 regulatory and administrative requirements including, but not limited to, the sub-recipient monitoring 15 process EXHIBIT J "OCTA PASS THROUGH GRANTEE ANNUAL FTA COMPLIANCE SELF 16 CERTIFICATION" performed by the AUTHORITY and/or the AUTHORITY's designee; and to comply 17 with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative is Agreements to State and Local Governments," 49 C.F.R. Part 18. The CITY acknowledges that any 19 violation of a Federal requirement applicable to the CITY or this PROJECT may result in penalties 20 imposed by the FTA. The CITY agrees that failure to comply with any of the above-referenced 21 requirements may result in the withholding of funds by the AUTHORITY or the termination of this 22 AGREEMENT. 23 L. CITY shall comply with all FTA third party procurement and contracting laws and 24 regulations and include EXHIBIT B "REQUIRED FEDERAL CLAUSES", attached hereto and 25 incorporated by reference, in all third party contracts. 26 M. CITY agrees that M2 funding is subject to CITY meeting M2 eligibility requirements. Page 8 of 17 25D-11 COOPERATIVE AGREEMENT NO. C-1-3099 1 N. CITY shall be responsible for completing the PROJECT in accordance with EXHIBIT A z "FUNDING PLAN", timely use of funds requirements, FTA guidelines, and any and all other 3 requirements of the federal, state, or local agency requirements for FTA Section 5307 Funding and M2 4 Funding programs. s O. CITY shall be responsible for immediately notifying the AUTHORITY in writing of any 6 changes to the PROJECT schedule that would jeopardize funding of the PROJECT. 7 P. CITY agrees that the overall budget for this PROJECT is a not-to-exceed amount of Five s Million Five Hundred Forty One Thousand Seven Hundred Dollars ($5,541,700) and CITY shall be the 9 responsible for any cost overruns. 10 Q. CITY shall contribute at least 10% of PROJECT costs as the required local 11 contribution of matching funds (other than Federal Funds), as specified in EXHIBIT A "FUNDING 12 PLAN", toward the actual costs of PROJECT. 13 R. CITY shall maintain or acquire sufficient legal, technical, and managerial capacity to 14 plan, manage, and complete the PROJECT, to comply with the terms of this Agreement, the is approved PROJECT budget, and all applicable Federal laws, executive orders, regulations, 16 directives, and published policies governing the PROJECT. 17 S. CITY shall complete the Preliminary Engineering Phase of the PROJECT as set forth is in this AGREEMENT in a proper and timely manner. 19 ARTICLE 5. IT IS MUTUALLY UNDERSTOOD AND AGREED 20 All parties agree to the following mutual responsibilities regarding PROJECT: 21 A. The AUTHORITY shall review, provide input to, and approve all PROJECT 22 documents that are submitted to FTA. 23 B. AUTHORITY representative shall be an integral and on-going part of PROJECT 24 reviews. CITY acknowledges that the AUTHORITY has final approval authority. 25 C. The above on-going responsibilities entitle AUTHORITY, and any of their designated 26 consultants, the opportunity to: attend monthly coordination meetings, have final draft PROJECT Page 9 of 17 25D-12 COOPERATIVE AGREEMENT NO. C-1-3099 1 materials sent to them in a timely manner so as to be able to provide meaningful input, and have 2 iterative review and comment opportunity as warranted by the process. 3 ARTICLE 6. DELEGATED AUTHORITY 4 The actions required to be taken by CITY in the implementation of this Agreement are s delegated to its City Manager, or his designee, and the actions required to be taken by AUTHORITY 6 in the implementation of this Agreement are delegated to its Chief Executive Officer, or designee. 7 ARTICLE 7. AUDIT AND INSPECTION s A. AUTHORITY and CITY shall maintain a complete set of records in accordance with 9 generally accepted accounting principles. Upon reasonable notice, AUTHORITY and CITY shall 10 permit each PARTY's authorized representatives to inspect and audit all work, materials, payroll, ii books, accounts, and other data and records of the other PARTY for a period of four (4) years after 12 final payment, or until any on-going audit is completed. For purposes of audit, the date of 13 completion of this Agreement shall be the date of the AUTHORITY's final notice of project 14 completion. Each PARTY shall have the right to reproduce any such books, records, and accounts is of the other PARTY relative to PROJECT. The above provision with respect to audits shall extend to 16 and/or be included in contracts with CITY's contractors and subcontractors. 17 B. Upon request, the CITY agrees to permit the AUTHORITY, the U.S. Secretary of is Transportation, the Comptroller General of the United States, or their authorized representatives, to 19 inspect all PROJECT work, materials, payrolls, and other data, and to audit the books, records, and 20 accounts of the Recipient and its sub recipients pertaining to the PROJECT. 21 ARTICLE 8. INDEMNIFICATION 22 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 23 employees and agents from and against any and all claims (including attorney's fees and reasonable 24 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 25 worker's compensation subrogation claims, damage to or loss of use of property alleged to be 26 Page 10 of 17 2501-13 COOPERATIVE AGREEMENT NO. C-1-3099 i caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, 2 employees or agents in connection with or arising out of the performance of this Agreement. 3 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, 4 employees and agents from and against any and all claims (including attorney's fees and reasonable s expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 6 worker's compensation subrogation claims, damage to or loss of use of property alleged to be 7 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, s employees or agents in connection with or arising out of the performance of this Agreement. 9 C. The indemnification and defense obligations of this Agreement shall survive its 10 expiration or termination. ii ARTICLE 9. REQUEST FOR REIMBURSEMENT 12 A. CITY shall prepare and submit to AUTHORITY an invoice every 30 days as specified 13 in EXHIBIT C, "INVOICE TEMPLATE" and supporting documentation as specified in EXHIBIT D, 14 "FTA FUNDING REIMBURSEMENT - REQUIRED SUPPORTING DOCUMENTS" of this is Agreement, both of which are attached hereto and incorporated by reference. CITY's invoice shall 16 include allowable PROJECT costs incurred and paid for by CITY. The invoice submitted by CITY 17 shall be signed by an authorized agent who can duly certify the accuracy of the included information. is Advance payments by AUTHORITY are not allowed. 19 B. The invoice shall be submitted on CITY's letterhead. 20 C. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts 21 Payable Office. Each invoice shall include the following information: 22 1. Agreement Number C-1-3099; 23 2. Support documentation for all expenses invoiced. 24 3. Adequate detail describing all work completed by phase as identified in 25 EXHIBIT A, "FUNDING PLAN." 26 4. Such other information as requested by AUTHORITY. Page 11 of 17 25D-14 COOPERATIVE AGREEMENT NO. C-1-3099 i D. Eligible PROJECT costs are described in the Federal Grant and in the FTA 2 guidelines. 3 E. CITY shall consult with AUTHORITY's Project Manager for questions regarding non- 4 reimbursable expenses. 5 F. Total payments shall not exceed the Funding Amount specified in ARTICLE 2 6 RESPONSIBILITIES OF AUTHORITY, Paragraph C, above. No invoice shall be processed by 7 AUTHORITY after the Federal Grant termination date. s G. If any FTA Section 5307 funded amounts paid to CITY are disallowed or not 9 reimbursed by the FTA for any City violation of said FTA Section 5307, CITY shall remit to 10 AUTHORITY the disallowed or non-reimbursed amount(s) within 30 days from receipt of 11 AUTHORITY's notice. All payments made by AUTHORITY hereunder are subject to the audit 12 provisions contained herein and within the Federal Grant. 13 ARTICLE 10. AVAILABILITY OF FUNDS la This Agreement will allow AUTHORITY to reimburse the CITY with Federal Funds from the 15 Federal Grant to CITY. The Federal Funds are subject to the terms and conditions of this 16 Agreement, the Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This 17 Agreement neither implies nor obligates any funding commitment by AUTHORITY as specified in is EXHIBIT A, "FUNDING PLAN". All funds are contingent upon federal appropriation, the FTA's 19 approval of a grant application, and for Preliminary Engineering funds, FTA's approval for the 20 PROJECT to enter into Preliminary Engineering. If a Letter of No Prejudice is issued by the FTA, 21 CITY shall assume all the risk of spending the Local Match early on in the PROJECT. 22 ARTICLE 11. REPORTING 23 A. Types of Reports: The CITY agrees to submit to the AUTHORITY any reports that the 24 AUTHORITY is required to submit to FTA as required by FTA's administrative regulations for grants 25 and cooperative agreements and any other reports the Federal Government may require. 26 Page 12 of 17 25D-15 COOPERATIVE AGREEMENT NO. C-1-3099 i B. Format Requirements for Reports: The CITY agrees that all reports and other 2 documents or information intended for public availability developed in the course of the PROJECT 3 and required to be submitted to FTA must be prepared and submitted in electronic and or 4 typewritten hard copy formats as FTA may require. s C. Timing of Submittal of Reports: The CITY agrees that it will submit reports to the 6 AUTHORITY in accordance with a schedule agreed to by the CITY and AUTHORITY. However, the 7 CITY agrees that quarterly report information must be submitted to the AUTHORITY within fifteen s (15) days after the end of the calendar quarter for which the information in the report in being 9 submitted. 10 ARTICLE 12. ADDITIONAL PROVISIONS ii All parties agree to the following mutual responsibilities regarding PROJECT: 12 A. Term of Agreement: This Agreement shall continue in full force and effect through 13 October 31, 2014. This Agreement may only be extended upon mutual agreement by both parties. 14 B. Termination: Either party may initiate proceedings to terminate this Agreement by 15 giving thirty (30) days written notice; however, this Agreement shall not be terminated without mutual 16 agreement of both parties. 17 C. Compliance: AUTHORITY and CITY shall comply with all applicable federal, state, is and local laws, statutes, ordinances, and regulations of any governmental authority having 19 jurisdiction over the PROJECT. 20 D. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 21 execute this Agreement on behalf of said parties and that, by so executing this Agreement, the 22 parties hereto are formally bound to the provisions of this Agreement. 23 E. Amendments: This Agreement may be amended in writing at any time by the mutual 24 consent of both parties. No amendment shall have any force or effect unless executed in writing by 25 both parties. 26 Page 13 of 17 25D-16 COOPERATIVE AGREEMENT NO. C-1-3099 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 F. Notices: All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows: To CITY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority P.O. Box 1988 550 South Main Street Santa Ana, CA 92702 P. O. Box 14184 Orange, CA 92863-1584 Attention: Raul Godinez Attention: Meena Katakia Executive Director, Public Works Manager, Capital Projects cc: Kelly Hart, Project Manager Tel: (714) 647-5690 Tel: (714) 560-5694; Fax: (714) 560-5792 Email: rgodinez@santa-ana.org Email: mkatakia@octa.net G. Headings: The headings of all sections of this Agreement are inserted solely for the convenience of reference and are not part of and not intended to govern, limit or aid in the construction or interpretation of any terms or provision thereof. H. Successors and Assigns: The provisions of this Agreement shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. 1. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. J. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original Page 14 of 17 25D-17 COOPERATIVE AGREEMENT NO. C-1-3099 i and all of which together shall constitute the same agreement. Facsimile signatures will be 2 permitted. 3 K. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 4 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 5 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 6 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 7 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. s L. Obligations to Comply with Law: Nothing herein shall be deemed nor construed to 9 authorize or require any Party to issue bonds, notes, or other evidences of indebtedness under the 10 terms, in amounts, or for purposes other than as authorized by local, state, or federal law. 11 M. Governing Law: The laws of the State of California and applicable local and federal 12 laws, regulations, and guidelines shall govern this Agreement. 13 N. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, 14 each party shall be responsible for its own costs and expenses, including attorney's fees. 15 O. Force Majeure: Either party shall be excused from performing its obligations under this 16 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 17 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; is commandeering of material, products, plants or facilities by the federal, state or local government; 19 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 20 such cause is presented to the other party, and provided further that such nonperformance is 21 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 22 23 24 25 26 Page 15 of 17 25D-18 COOPERATIVE AGREEMENT NO. C-1-3099 This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement No. C-1-3099 to be executed on the date first above written. CITY OF SANTA ANA By: Paul Walters Interim City Manager ATTEST: By: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: By: Joe Straka City Attorney Dated: ORANGE COUNTY TRANSPORTATION AUTHORITY By: Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Jim Beil, P.E. Executive Director, Capital Programs Dated: Required Attachments: 1. EXHIBIT A "FUNDING PLAN" 2. EXHIBIT B "REQUIRED FEDERAL CLAUSES" 3. EXHIBIT C, "INVOICE TEMPLATE" Page 16 of 17 25D-19 COOPERATIVE AGREEMENT NO. C-1-3099 4. EXHIBIT D, "FTA FUNDING REIMBURSEMENT - REQUIRED SUPPORTING DOCUMENTS" 5. EXHIBIT E "FTA 5307 QUARTERLY REPORT FORM" 6. EXHIBIT F "NEW STARTS PROJECT PLANNING AND DEVELOPMENT CHECKLIST OF PROJECT SPONSOR SUBMITTALS TO FTA TO ENTER PRELIMINARY ENGINEERING (PE)" 7. EXHIBIT G "SMALL STARTS/VERY SMALL STARTS REPORTING CHECKLIST" 8. EXHIBIT H "SIDE-BY-SIDE OF REQUIRED INFORMATION FOR NEW STARTS/SMALL STARTS EVALUATION AND RATING" 9. EXHIBIT I "NEW STARTS PROJECT PLANNING AND DEVELOPMENT CHECKLIST OF PROJECT SPONSOR SUBMITTALS TO FTA TO ENTER FINAL DESIGN (FD)" 10. EXHIBIT J "OCTA PASS THROUGH GRANTEE ANNUAL FTA COMPLIANCE SELF CERTIFICATION" Page 17 of 17 25D-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AGREEMENT WITH PACIFIC SERVICES, INC. FOR POINT-TO-POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM (UASI GRANT) V ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f 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 an agreement with Pacific Services, Inc., to provide a Point-to-Point High-Capacity Wireless Millimeter Band 80GHz System with three years of maintenance and support in an amount not to exceed $63,000. DISCUSSION The City of Santa Ana Information Services Division is seeking to install a high speed point to point wireless link between City Hall and the Regional Transportation Center. The current data connectivity to the Regional Transportation Center is limited to a single T-1 data link provided by AT&T which runs at 1.5Mbs and is currently at capacity for a significant portion of each day. This high speed wireless link is required to support the Santa Ana Police Department access the new Video Surveillance System that is being provided by the Orange County Transportation Authority. It will also improve access to enterprise and departmental systems for the CDA WORK Center Staff, Police Substation Staff, and Public Works Staff that manage the Center. This wireless system will employ BridgeWave Gigabit Ethernet Millimeter Radios operating in the FCC licensed band between 81 - 86 GHz. A competitive procurement process was conducted to solicit proposals from 80GHz point-to-point high-capacity wireless system vendors. A "Request for Proposal" (RFP) was developed which defined the system requires, the equipment to be employed, and the scope of work as well as proposal evaluation criteria. Due to the high complexity and specialized type of equipment and the degree of engineering involved, only a very limited number of vendors are in the business of providing the City's needed services. The equipment manufacturer was contacted and they provided a list of all qualified resellers/installers/maintainers for the equipment type being sought. In August 2011, the RFP was posted for the public on the City's website and sent to each of the five qualified vendors. The City received three (3) written proposals. An evaluation team, 25E-1 Agreement For Point-To-Point High-Capacity Wireless Millimeter-Band 80ghz System November 28, 2011 Page 2 consisting of staff representing Police and City Information Services, reviewed and evaluated the proposals. The evaluation team made its selection recommendation based on pre-established criteria with possible max scoring points. Points were assigned to each Vendor's proposal based on several categories of requirements defined in the RFP. The following table shows evaluation criteria and maximum points for each assessment category: Evaluation Criteria Possible Points System Design with supporting material and 15 Installation Plan (with traininal References and BridgeWave certifications 30 Systems Support and Maintenance 25 Pricing 30 Total 100 Below is a summary of the assessment points rated for each vendor: Vendor Evaluation Pacific Services, Inc. 96 points Full Spectrum Communications 88 points Vectus, Inc. 65 points Based upon this, the evaluation team's assessment is that Pacific Services, Inc. is the best qualified to provide the Point-to-Point High-Capacity Wireless Millimeter Band 80GHz System to the City and recommends that Pacific Services, Inc. be awarded the agreement to provide engineering & installation, equipment, on-going maintenance and support. Note that Pacific Services' pricing was the lowest of all proposals received. FISCAL IMPACT Funds are available for the Point-To-Point High-Capacity Wireless Millimeter-Band 80GHz System in the FY2009 UASI Grant Program (12514407-62300-10427301182-3501). APPROVED AS TO FUNDS AND ACCOUNTS: rcC1 i2 Paul Walters Chief of Police Police Department Exhibit: 1. Agreement Francisco Gutierrez Executive Director Finance/Management Services Agency 25E-2 Account Transactions Totals CSV Export j Page 1 of i Next Page SC Account Budget f- 62300 3,100,442 Contract Services-Professional i Expenditures Encumbrances Remaining Total Obligations 811,307 3,147 2,285,981 814,454 - Detail Page https://Iawson.cosa.private/lawson/portal/formeg3htm?_TKN=GL94.2&_PDL=P... 11/22/2011 W M? O n O? M O e-'1 W 01 Ol O O rn? O o0 Ln 00 M r-1 Qi Qi o0 N O O O 00 W .-? ct tD 01 M O O 01 01 O lD O lD Ln M M M 00 c-1 Ln R* M Ln M M O r-1 +L.D i t* r-I r-I rl M M M M N O r-I E 0) N r-I r-4 N M m Ln o0 Q N M C O E 00 v ,h 4J E Q E E O u v i m m Ln E Ln ri 00 M 00 ' M M lD N Q M Ct ? 01 Ol E 7 U C W r- O O LD It m n Ln O O N O O O O ? LT O O r- O Ln m r, 0 0 ?t o O O m E`?- 0 0 00 Ln LD M LD 0 0 0 0 0 m Ln O N m w r-I r-1 O Ln O O Ln O O r- a 0 r1 rl 00 ri -4 r1 m m Ln o O w o N Q) N r- I N 1-1 1-1 .-, Zt m LO m Up r-1 M .--I m O a ? co m n 110 r- m N O I'D r, m O M Ln O M B r? LD r1 00 O n N Ln ri r-1 M m LD 1.0 M Ln m O m 00 ?* ri lD N N Ln rt ri M 00 Q - M N N rl rl r, r- f0 N rl 00 N r1 4- U Q 7 a _ C f0 QJ (6 C ' L QJ C Q- C VVI O W C 0 u V) r_ .O QJ q_- O 4, O E A N 4 d N Q U QJ O C v N L H Q' L V, 0 =3 4? L E E cL m u co to v 0 5 75 ~ w , m 0- O c '> "' u 1 i O c? E ca O 06 o ca O O V) Q) O v H Ln cu wwc:ruc Q of u, vt E L hA U 1_ a) a a, ? t v c LB v L .? .i .L ++ iJ Y E L Q) V) L E '? c tun E QJ m m m (L) N QJ O O O c?Q o Ln Ln LA == OC v v 2 2 o C 7 O U U Q 7 Ln 0 0 0 0 0 0 0 0 0 0 0 r-1 O O }, O O N? O N M r- 00 r-I N 0 0 0 O O O r1 rl r-I r1 r-I O c+ M O r1 z r-I r1 r1 r1 rl r1 r1 r-I N N N M LD Ol Ov LD lD L.0 l0 lD -z lD LD lD LD LD lD lD LD U Q rl N M ter' Ln LD n 00 m O r1 N m L rl rl rl r1 rl QJ E Z L' Lo 25E-4 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PACIFIC SERVICES, INC. THIS AGREEMENT, is made and entered into this 21" day of November, 2011, 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 Pacific Services, Inc. ("Vendor"). RECITALS A. The City desires to retain a vendor having special skill and knowledge in the field of communications products and services as outlined in the RFP "POINT-TO-POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA" B. Vendor represents that Vendor is able and willing to provide such products and services to the city. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby agree as follows: 1. Terms and Conditions The term of this Agreement shall be for period of three (3) years, with an option, exercisable by City, to extend the term up to two additional one-year periods. All terms and conditions more fully set forth in the Request for Proposal ("RFP"): "POINT-TO- POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GRZ SYSTEM FOR THE CITY OF SANTA ANA", August 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit A, and incorporated herein by reference. All terms and conditions set forth in the Vendor's Proposal for "POINT-TO-POINT HIGH- CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA", September 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit B, and incorporated herein by reference. Maintenance and Support shall be as described in Section 5.7.3 of the RFP with related pricing as identified in the Vendor's Proposal cover letter and Vendor's Price Proposal. The service level shall be for full return-to-service 7x24xNext Business Day with advance replacement spares level of Maintenance and Support. 2. Scope of Services The scope of services and deliverables are fully described in Sections 3 and 5 of the RFP: "POINT-TO-POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA". 25E-5 Compensation City agrees to pay, and Vendor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and under the Payment Schedule in section 10.2 of the RFP "POINT-TO- POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA". The total sum to be expended under this Agreement shall not exceed $63,000 during the term of this Agreement. 4. Insurance Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Vendor 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 Vendor'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 and not contributory 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, Vendor, if Vendor 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, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25E-6 e. The following requirements apply to the insurance to be provided by Vendor pursuant to this section: (i) Vendor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Vendor 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 Vendor's right to be paid for its time and materials expended prior to notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Billing/Invoices (a) Billing is according to Generally Accepted Accounting Principles. Fees for licenses, products, and services specified throughout this agreement are billable per the schedules specified. Payment terms are net thirty (30) days from receipt of proper invoice. City will make a good faith effort to begin processing invoices for payment immediately upon receipt. (b) Invoices shall be mailed to: Attn: Thomas Gergen City of Santa Ana Information Services Division (M-12) P.O. Box 1988 Santa Ana, CA 92702-1988 *City will pay invoices 30 days after receipt of proper invoice and approval of service by the Manager of Information Services. *The Agreement number must appear on all invoices. *No purchase orders will be issued. *All invoices must show the breakdown of work performed and products provided. 6. Confidentialitv If Vendor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Vendor 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, 25E-7 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 Vendor disclosed in a publicly available source; (c) is in rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Vendor without reference to information disclosed by the City. Discrimination Vendor 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 relat,;d activities. Vendor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8. Termination of Agreement This Agreement may be terminated by the City upon thirty- (30) days written notice of termination. In such event, Vendor shall be entitled to receive and the City shall pay Vendor compensation for all services performed by Vendor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager, or his/her designee, may require Vendor 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 Vendor 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 this Agreement or any of the attachments hereto. Independent Contractor Vendor 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 Vendor performs the services which are the subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor 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. 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 4 25E-8 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Finance and Management Services Agency Manager of Information Services City of Santa Ana 20 Civic Center Plaza (M-12) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-5406 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6515 To Vendor: Pacific Services, Inc. 1060 Calle Negocio Ste C San Clemente, CA 92673 Attn: 11. Assignment/Subcontractors Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor 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. Vendor shall be fully responsible to the City for performance of subcontractors. 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. Indemnification Vendor shall defend, indemnify and save harmless the City of Santa Ana, and its officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature (including workers' compensation claims and unemployment insurance claims) for damages to property and/or physical injury or death of any person in any way resulting from or arising out of the operations and acts of Vendor, its agents, employees or subcontractors, in the performance of this Agreement, except to the extent caused by or resulting from any act or omission of the indemnified parties. 13. Validi The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 25E-9 14. Laws Governing this Agreement This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 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. Exclusivity and Amendment of Agreement This Agreement, along with any and all related exhibits and attachments, supersedes all other agreements, either oral or written, between the parties hereto with respect to the retention of Vendor by the City, and contains all the covenants between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the City and Vendor. 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. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Laura Sheedy Assistant City Attorney Paul Walters Interim City Manager PACIFIC SERVICES, INC. VENDOR [signature] Name: Title: Tax ID# 6 25E-10 Request for Proposal Point-to-point High-capacity Wireless Millimeter-Band 80GHz System for The City of Santa Ana RFP# IS-504 August 2011 KEY RFP DATES Issue Date Mandatory Proposers Conference with Terminus Site Visits Private Job Walks for Individual Vendor/Proposers Proposal Due Date Submission to City Council Selection Notification 15 August 2011 29 August 2011 Scheduled on Request reservations taken after noon, 22 August 15 September 2011 October 2011 October 2011 25E-11 Table of Contents 1.0 Definitions ............................................................................................................... 4 2.0 Objective ............................................................................................................... .. 4 3.0 Services and Products Sought .............................................................................. .. 5 4.0 Vendor Qualifications ............................................................................................ .. 5 5.0 System Requirements ........................................................................................... .. 6 5.1 General System Requirements ..................................................................... .. 6 5.2 RF/Modem Requirements ............................................................................. .. 6 5.3 Data Interface Requirements ........................................................................ .. 7 5.4 Power Requirements ..................................................................................... .. 7 5.5 Environment Requirement ............................................................................. .. 7 5.6 Installation and Configuration ........................................................................ .. 8 5.7 Maintenance and Support ............................................................................. .. 8 5.8 Training ......................................................................................................... .. 8 5.9 System Validation and Acceptance Testing .................................................. .. 8 6.0 Terms and Conditions of Special Note .................................................................. 13 6.1 Acceptance Process ...................................................................................... 13 6.2 Payment Schedule ........................................................................................ 13 6.3 Documents to be Construed Together .......................................................... 14 6.4 Insurance ...................................................................................................... 14 6.5 Invoices ......................................................................................................... 15 6.6 Parking .......................................................................................................... 15 6.7 Prices ............................................................................................................ 15 6.8 Reservations ................................................................................................. 15 6.9 Taxes ............................................................................................................ 15 6.10 Term of Agreement ...................................................................................... 16 25E-12 1.0 DEFINITIONS The following words as used in this RFP shall be understood to refer respectively to: Word in RFP Definition "Agreement" The legal contract entered into between the City and selected Vendor to provide the products, to perform the services, and to provide the maintenance support under terms and conditions in this RFP, the selected Vendor's proposal and the mutually signed legal contract. "BridgeWave" BridgeWave Communications, Inc., Santa Clara, CA "Certified" A Vendor whose firm has been designated by BridgeWave as certified based on the firm's acknowledge and experience designing, providing, and supporting BridgeWave based point-to-point gigabit Ethernet Millimeter [81-86 GHz] Radio Band range wireless systems. In addition the certified Vendor has met and retained a designated number of staff who has successfully completed formal BridgeWave training and has received a certificate on all of the City's BridgeWave equipment to be provided under this RFP's. "City" The City of Santa Ana, California "Final Acceptance" Is the event in which City accepts and approves Vendor's services and products as being complete and operating according to engineering plans, the installation of products and performing services as identified in the Request for Proposal. "OEM" Original Equipment Manufacturer. "Proposer" The person, firm or corporation who is responding to this request for proposal. "RFP" Request for Proposal which refers to this document. "Vendor" The agreement is made by said City with the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said agreement. 2.0 OBJECTIVE The City of Santa Ana seeks to establish a high bandwidth wireless point-to-point data connection between two City operating locations, a distance of approximately 1.2 miles. Point A: City Hall 20 Civic Center Plaza, Santa Ana, CA 92701 Approximately 33.749357, -117.874031 Point B: The Regional Transportation Center 1000 East Santa Ana Blvd., Santa Ana, CA 92701 Approximately 33.753532, -117.856779 25E-13 3.0 SERVICES AND PRODUCTS SOUGHT 3.1 The City of Santa Ana invites Vendors to respond to our Request for Proposal (RFP) for the engineering/design; supply and delivery of all necessary wireless devices; installation of equipment, testing/ verification of the system; and providing customer training; and post-installation maintenance/support of the system for three years. 3.2 The City of Santa Ana invites a response to our Request for Proposal (RFP) for the supply and delivery of BridgeWave Gigabit Ethernet (GE) point-to-point wireless devices operating in the Millimeter Radio Band rage of 81-86GHz. 3.3 BridgeWave point-to-point wireless bridges are the equipment standard of the City. Only proposals for BridgeWave systems will be considered. 3.4 Each link shall mean two ends, with a Millimeter-Band radio forming part of the link at each end. This includes antennas, power supplies, and special or unique subassemblies, cables required for the operation of the link. Proposer shall provide a detailed breakdown of components supplied to form the link. 3.5 The proposer shall be expected to deliver the equipment to site within 10 working days upon notification of the City that the project shall commence. 3.6 The system shall be of proven design. All submitted solutions must be new products that are available now and in full production. 3.7 The Proposer will perform, on the link formed by the two end points identified by the City, a Line of Sight Survey and examine the suitability for BridgeWave equipment installation as identified in the RFP. The Proposer will provide a copy of this survey as part of their proposal. 3.8 The Proposer will perform, on the link formed by the two end points identified by the City, a Link Budget Analysis detailing the expected availability for the path span the link. The Proposer will provide a copy of this analysis as part of their proposal. 3.9 The Proposer will perform, on the link formed by the two end points identified by the City, a Wireless Site Survey Report detailing radio requirements for the proposed turnkey system. The Proposer will provide a copy of this report as part of their proposal. 4.0 VENDOR QUALIFICATIONS 4.1 The selected Vendor must be a reputable, stable business with a proven track record in providing wireless point-to-point communications. 25E-14 4.2 The selected Vendor must be a BridgeWave authorized factory certified partner on BridgeWave and provide certified documents from the manufacturer that they are an authorized partner (see Section 5.0). 4.3 Staff assigned by the Vendor to work on this project and on-going support must be BridgeWave certified on the BridgeWave based system and equipment proposed for use by the City of Santa Ana (see Section 5.0). 4.4 Vendor must have at least three BridgeWave factory certified technicians for proposed equipment. 4.5 Proposer must have real world experience in the design and deployment of extended range 80GHz products. Proposer shall provide a customer reference list of municipalities where they have installed 80GHz Millimeter radio. 4.6 Vendor must have the ability to respond to emergency service calls with a two [2] hour on-site response. 4.7 Vendor shall be expected to provide Hotline Support manned by well-trained individuals who shall be expected to assist with installation, configuration and troubleshooting issues. Outage reports, questions, etc. to the Support Hotline shall be answered via telephone, fax or email within a one [1 ] hour call-back period. 5.0 SYSTEM REQUIREMENTS 5.1 General System Requirements 5.1.1 The system shall bean "all-outdoor" system. With the exception, necessary by the proposed system design, of an AC to DC voltage converter, no indoor terminating equipment (i.e. Indoor Unit, IDUs) shall be required to complete the system integration. 5.1.2 The system shall have the capability to automatically adapt to operate in a Gigabit Ethernet (GE, 1000Mbps) full-duplex mode or a Fast Ethernet (FE, 100Mbps) full-duplex mode. 5.1.3 The system shall have the capability to automatically provide rain/fog mitigation techniques to allow the link to operate in adverse weather. The radios must have the capability to switch application data from primary GigE link to secondary path, maintaining service connectivity even during severe rain downpour or dense fog. 5.2 RF/Modem Requirements 5.2.1 The Millimeter Band equipment supplied under this RFP shall operate in the 71-76GHz and 81-86GHz frequencies. 5.2.2 The Millimeter Band system shall operated as full-duplex (FDD) system. Radio system must have Adapt Rate and Adapt Path capability. 25E-15 5.2.3 Proposer shall state the total link budget when the system is under actual field conditions and transmitting data for a given data rate (FE and GE) combination. The Proposer is to specify the reference Bit Error Rate (BER) for those link budget values. 5.2.4 The Millimeter Radio system shall contain integrated forward error correction (FEC) techniques. 5.3 Data Interface Requirements 5.3.1 The Millimeter Radio system shall support SX multimode fiber interfaces. Proposer shall specify wavelength of these fiber interfaces. Proposer shall match the fiber connector type currently used by the City. NEMA 4x enclosures with integral fiber patch panels, grounding bus and surge protection are to be provided for this outdoor installation. The DC power is to be protected with EIA transient protection. 5.3.2 The radio link shall be able to transparently pass 802.1Q VLAN tagged packets. The system shall reliably transmit VolP and data traffic at 1000Mbps full duplex. 5.3.3 The Radio system shall support advanced levels of data security in the form of encryption at line rates, i.e. 100Mbps or 1000Mbps. Data security must be FIPS compliant and proposer shall supply documentary evidence of validation. It shall accomplish this without the use of external hardware or software. The radio units are to include integrated GigE advanced encryption standard 256 bit AES on top of physical layer security. Proposer must have real world experience in installation and support of BridgeWave AES Encryption products. 5.3.4 Vendor will identify any data cabling requirements to the City. The City will provide, as required, appropriate cabling in conduit and installed in conformance with all applicable building codes including the City's. 5.4 Power Requirements 5.4.1 The City will provide an AC source from 90 - 240 V 50/60 Hz for the input power for the Radio equipment. 5.4.2 Vendor will identify any power data cabling requirements to the City. The City will provide, as required, appropriate cabling in conduit and installed in conformance with all applicable building codes including the City's. 5.5 Environmental Requirements 5.5.1 All material used for outdoor installation shall be weather, UV and corrosion rated. 25E-16 5.5.2 The Vendor shall detail inherent lightening/surge protection within the design of their equipment and/or provide suitable external surge suppressors. 5.6 INSTALLATION and CONFIGURATION 5.6.1 Proposer shall provide special customer mounting arrangements for unusual applications. The proposed antenna installations must be concealed to blend in with the building architecture. The custom mounting brackets shall be constructed of steel and powder coated to blend in with building aesthetics. 5.6.2 The Millimeter-Band system offered shall be designed for ease, of installation and operation. The system will be installed in a professional manner and will adhere to all local electrical codes and EIA standards. The system will be a turnkey installation and end to end testing will be conducted by Vendor and approved by the City of Santa Ana. 5.7 MAINTENANCE and SUPPORT 5.7.1 Maintenance support during the term of the project up to and including customer acceptance will be provided by the proposer at no additional charge to the City. 5.7.2 On-going maintenance support to begin no earlier than upon customer acceptance of the fully working system and last for a term specified in the Agreement. 5.7.3 Vendor shall provide an on-site Support Maintenance coverage. It will include hardware and software troubleshooting, repair, replacement under full `return-to-service' 7x24 coverage next business day advance replacement spares. Coverage also includes performance re-alignments and annual on-site preventive maintenance. 5.8 TRAINING 5.8.1 Vendor's trainer shall be a subject matter expert on their BridgeWave radios as well as have hands-on experience in all aspects of the installation, operation, maintenance, and network applications for their products. 5.8.2 Proposer to provide hands on training for designated City of Santa Ana personnel. 5.8.3 This training is to include equipment operation, configuration and use of FIPS AES Link Encryption, use of the NMS and first level troubleshooting techniques. 25E-17 5.9 SYSTEM VALIDATION AND ACCEPTANCE TESTING 5.9.1 To assure proper and error free operation of the data traffic channel the proposer will set and test BER thresholds, verify there are no alarms on system, conduct load testing of link, verify link RSL measurements and activate AES encryption on link. 6.0 TERMS AND CONDITIONS OF SPECIAL NOTE 6.1 Acceptance Process When invited by the selected Vendor, the City will test the system for each system requirement and condition [see sections 3.0 and 5.0]. The City will notify the Vendor of any problems found. The Vendor will be given the opportunity to remedy these. The acceptance cycle will continue until the City is satisfied that all system requirements and condition have been satisfied in accordance to the Agreement. 6.2 Payment Schedule Payments to the selected Vendor will be made as follows: Payment # Trigger Event/Condition Payment % First Payment Upon the turnover by the Vendor of an operating 50% system to the City for Acceptance Testing Second Payment After final acceptance by the City of a fully 30% functioning system meeting all the system requirements and conditions of the Agreement. Final Payment Completion of the accepted system operating 20% without requiring maintenance or support for a continuous uninterrupted 30 day period. The City Information Services Manager may reduce this period if it is in the best interest of the City. 6.3 Documents to be Construed Together The Request for Proposal and the Agreement to be entered into between the Vendor and the City, and all modifications of said documents, shall be construed together as one document. 6.4 Parking The City cannot guarantee availability of parking in which case the Vendor must bear the cost of alternative parking. 25E-18 6.5 Prices No increase in price from those initially proposed and covered by the Agreement will be allowed during the period covered by this agreement without the City's concurrence and prior approval. 6.6 Taxes Prices proposed shall include all applicable taxes. 25E-19 Exhibit B Vendor's Proposal Response Form 25E-20 4 "1. 1)a-111 SMA41-e0 September 13, 2011 Tom Gergen City of Santa Ana Information Services Division 20 Civic Plaza, M-12 Santa Ana, CA 920701 Ref: RFP-IS-504, Wireless Millimeter 80GHz Radio Dear Tom Gorgon: Thank you for providing Pacific Services Inc., with the opportunity to submit this response to your above request for proposal (RFP). We have read your RFP, Instructions and Appendix A Response form. We acknowledge and we understand the scope of work, the services and products sought by the City of Santa Ana for this requirement. Our proposed Bridgewave AR80-AES radio solution fully meets your specifications. We did attend the mandatory proposer's conference on 08/29/11 per RFP requirements. Please note, we take exception to section 5.7.3 stating 7x24 Next Business Day Maintenance Coverage", because it was different from page 26 section 3 of the price proposal which specified 'Three (3) year support agreemont 8x5xNext Business Day Coverage. We quoted 8x5xNBD on the RFP, Our pricing for 7x24xNBD Is $12,261.02. Please find the enclosed following documents: -Proposal Response Form --Appendix A (completed) -Copy of RFP -Bridgewave Certificates, Letter of Authorization -City of Santa Ana Wireless Site Survey Report -Bridgewave Link Availability Calculations -Bridgewave AR80 Specifications -Bridgewave Advanced Security -Bridgewave Adapt Path -Bridgewave Adapt Rate -Bridgewave 80GHz (E-Band) licensing -Pacific Services Wireless Sheet -Pacific Services Reference Customer Network Drawings 25E-21 )ur proposed solution and response. 25E-22 Appendices Appendix A - Proposal Response Form Appendix B - Sample Agreement Appendix C - Sample Insurance Forms 17 25E-23 Appendix A - Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal for Point-to-point High-capacity Wireless Millimeter-Band 80GHz System for The City of Santa Ana Section 1. Transmittal Letter [Optional] Proposing Vendors may include a transmittal letter which may, at their discretion, contain any introductory information that the Vendor feels is relevant. Section 2. Proposal Response Form Name of Proposing Firm: Pacific Services Inc 1060 Calle Negocio Ste C Proposers Principal Location: San Clemente Ca 92673 Proposers Location that will service the city: San Clemente Ca Orange County Contact Name for Proposal: Gary Greening Phone Number: 949-542-7995 Fax Number: 949-542-7996 email address garyg@pacdatacom.com Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) Vendor Qualifications 1. Short summary description of the organization and major services/products offered. {ref. section 4.0) We are a systems integrator specializing in FSO, Microwave and Millimeter Radio systems Pacific Services designs, deploys and technically supports these various PTP RF Radio links. We also have expertise in Point-to- Multipoint and Mesh wireless networks. We offer both products, support and professional services. We hold numerous certifications from our microwave vendors (partners) See attached company literature. 2s 25E-24 2. Short summary description of the ownership. (ref. section 4.0) Pacific Services Inc is a Calif corporation The company was formed in 2002 to provide support services to our sister company Pacific Datacom Systems Inc which has been an active data communications company since 1985 ( 26 years) 3. The number of years that the Proposer has been in the business of providing wireless point-to-point communications systems/services. (If company name or ownership has changed of the period cited, please note and explain.) (ref. section 4.0) Years: 9 4. Has your firm had a contract terminated for cause within the last 3 years? If so, briefly explain the circumstances. f ref. section 4.0) NO 5. Has either a customer or a subcontractor/vendor/manufacturer sued your firm in the last 3 years? If so, briefly explain the circumstances. (ref. section 4.0) NO 6. Identify and provide evidence of the Proposer's certification/authorizations to provide BridgeWave systems/equipment for wireless point-to-point communications identified in section 4.0 of the RFP. Letter of Company Authorization & Certification from Bridgewave enclosed. Copy of Bridgewave technician certifications enclosed. Experienced Bridgewave partner for over four years 19 25E-25 7.. Identify and provide evidence of the staff to be assigned by the Proposer to work on the City's project and /or to provide maintenance support for a operational system are certification/authorizations by BridgeWave to perform such work/support on BridgeWave systems as identified in section 4.0 of the RFP. {ref. section 4.01 We have our field technicians complete technical certifications with our key radio vendors and refresh on an annual basis this includes Bridgewave Communications. The enclosed factory Bridgewave tech certifications show that we have adequate trained staff to provide quality maintenance support. These technicians have a combined experience of 31 years working with our company. We will assign anon- site supervisor and project mgr for this project. 8. How many BridgeWave factory certified technicians for the proposed equipment are on the Vendor's staff? {ref. section 4.0) _6_ Number of BridgeWave factory certified technicians for proposed equipment 9. Can Vendor provide evidence of BridgeWave factory certifications for technicians for the proposed equipment are on the Vendor's staff? Pref. section 4.0} _X Yes, can and will fully provide/comply No Exceptions: 10. A description of any unique qualifications and experience which distinguish Proposer's ability to engineer and design 80GHz range wireless point-to-point systems using BridgeWave communications equipment/systems. Pref. section 4.0} Pacific Services successful installation and completion of three 80GHZ Bridgewave links for the City of Santa Ana and ongoing maintenance support agreements We have on staff two experienced RF engineers, We hold the record of the longest USA 80 GHZ link of 6.17 miles at Paradise Casino AZ _ 11. Can Vendor provide response to emergency service calls with a two [21 hour on-site response by BridgeWave factory certifications for technicians? {ref. section 4.0} X_ Yes, can and will fully provide/comply No Exceptions: 12. Can Vendor provide Hotline Support manned by well-trained individuals who respond within a one [1 ] hour call-back period? {ref. section 4.0} _X_ Yes, can and will fully provide/comply No Exceptions: zo 25E-26 13. Over the past three years, how many projects for wireless point-to-point systems using BridgeWave communications equipment have your firm provided with: {ref. section 4.0) Descrlptfon Qty System Engineering & Design 21 Equipment 13 Installation & Configuration _26 Warranty support _16- 14. References f ref. section 4.0) Provide a MAXIMUM of three (3) references from government agencies or commercial firms that will attest to your firm's ability within the last three years to provide work similar in scope sought by the City in this RFP. Reference One: Name of Client City of Santa Ana Info Systems Location where work was performed Santa Ana Knowledgeable contact (name) Jim Lentz Contact's title Network mgr Contact' email address Ilentz Santa-ana.ors Contact's phone number 714-647-6909 Approximate period during which the services were provided Since 2003 Description of work provided Maint support FSO and Bridgewave Radios Reference Two: Name of Client Sure Fire LLC Location where work was performed Fountain Valley Knowledgeable contact (name) Don Forbes Contact's title IT Mgr Contact' email address dforbesC@surefire.com Contact's phone number 714-545-9444 ext.1230 Approximate period during which the services Last 4 years 21 25E-27 j were provided Description of work provided Proxim & Bridgewave Radio install and support Reference Three: Name of Client Applied Medical Location where work was performed Rancho Santa Margarita Knowledgeable contact (name) Harig, Paul Contact's title It manager Contact' email address pharig@appliedmedical.com Contact's phone number 949-713-8000 Approximate period during which the services were provided April 2011 to present Description of work provided Bridgewave Radio system install & support OTHER REFERENCES: City of Los Angeles, Chevron, US Forest, Los Alamitos Medical, JPL NASA, Saddleback Church, Orange County Sanitation. Services and Products Sought 15. Proposer acknowledges and understands the services and products sought by the City along with related conditions as identified in the RFP. (ref. section 3.0) _,X Yes, can and will fully provide/comply No Exceptions: 16. On the link formed by the two end points identified by the City, the Proposer will perform a Line of Sight Survey and examine the suitability for BridgeWave equipment installation as identified in the RFP. The Proposer will provide a copy of this survey as part of their proposal. f ref. section 3.0 & 5.0) _X Yes, can and will fully provide/comply No Exceptions: 22 25E-28 17. On the link formed by the two end points identified by the City, the Proposer will perform a Link Budget Analysis detailing the expected availability for the path span the link. The Proposer will provide a copy of this analysis as part of their proposal. {ref, section 3.0 & 5.0} _,X_ Yes, can and will fully provide/comply No Exceptions: 18. On the link formed by the two and points identified by the City, the Proposer will perform a Wireless Site Survey Report detailing radio requirements for the proposed turnkey system. The Proposer will provide a copy of this report as part of their proposal. {ref. section 3.0 & 5.01 ___X_, Yes, can and will fully provide/comply No Exceptions: System Requirements 19. Proposer acknowledges and understands the General System Requirements along with related conditions as identified in the RFP. {ref. section 5.0} TX Yes, can and will fully provide/compiy No Exceptions: 20. Proposer acknowledges and understands the RF/Modem Requirements along with related conditions as identified in the RFP. (ref. section 5.0) _X? Yes, can and will fully provide/comply No Exceptions: 23 25E-29 21. Proposer acknowledges and understands the Data Interface Requirements along with related conditions as identified in the RFP. {ref, section 5.0) _X Yes, can and will fully provide/comply No Exceptions: 22. Proposer acknowledges and understands the Power Requirements along with related conditions as identified in the RFP. (ref. section 5.0) _X- Yes, can and will fully provide/comply No Exceptions: 23. Proposer acknowledges and understands the Environmental Requirements along with related conditions as identified in the RFP. {ref. section 5.0) _X Yes, can and will fully provide/comply No Exceptions: 24. Proposer acknowledges and understands the Installation and Configuration along with related conditions as identified in the RFP. {ref. section 5.0) _.X__._ Yes, can and will fully provide/comply No Exceptions: 24 25E-30 25. Proposer acknowledges and understands the Maintenance and Support along with related conditions as identified in the RFP. {ref. section 5.0} _X_ Yes, can and will fully provide/comply No Exceptions: 26. Proposer acknowledges and understands the Training along with related conditions as identified in the RFP. {ref. section 5.01 __XT Yes, can and will fully provide/comply No Exceptions: 27. Proposer acknowledges and understands the System Validation and Acceptance Testing along with related conditions as identified in the RFP. {ref, section 5.0} ___X_ Yes, can and will fully provide/comply No Exceptions: Terms and Condition of Special Note 28. Proposer acknowledges and understands the select special terms and condition include in this RFP. {ref. section 10.01 .__X Yes, can and will fully provide/comply No Exceptions: 25 25E-31 a .L' G E N O U) N Y N 2 .5 00 W z N 0 4 m N L 06 U (D Y N c' o 0 •U (CS ? ? t! •L C: lC a 'o/? ? `I' c ?. O C - C. O 0 u? 0 0 0 0 0 NN N co N o6 *MM' E L N T 69 M kA Q ? O O O O O r O N N tl ' co N 06 ((+ ?? 64 tt ?? ?} M ER ? fA T T T T T (1) w CL W 0 M L- O O M co C U ., _ O O C 0 N C 3 lA L N V N N O O U 20 y Y f to N CM O ?_U (u x .?.? cu C) c a> E U 2 ?Z7 E? co N _c N d V N - ? U Cd U fl. ' O (u O E O 4 O N N C O> L ' C y O C : C . N >Y Z?D?U C: ?U$ 3 O N c?nn a U C C C feu T .O co mC) Q? '+`.. ] Vj C C a? 'R E u) cv o 8 x co ??+ X .G ??cD O ..... .N UO C o c y N a N C °Oy ?Q'o cc -Z Q cl cu 'O - - ai 4) N X O 7 N € E C & E N 'O N 0- ?$ 750 0 T U p? co 6U 0) --p O CO *CO UA 2) O t?V !Sf 0 Q cu [L L = V C C tj Q f, " O yy S) cn C IM.P L L L B ? r C co U C N a T E C O< a) U cu O cu ? LL Q 0 ? p Ql j O to ' Vi CN [ vi w c a. E U cu>+z p c.? R.2 -p N? a ,? (I Q C1 c d v cuU C CL o O to C N V u! N i c -t , y +d) Q .s q Rf 2 O a? ?? 4) N E-D:R c? 3 c °. E ? E ar y o co ?270 T E co t c a? U. ca ?! aS v - E E '- O C, _ to cn of c c oaY ;d o cn o 0 ?-? Q? '.?? C A ? i d ?U c a? 1./ Y p AC r?,? cad c i .? CL Q p, m fu r+ O (u O O- ? Q ti U cn U? Z cn UW C y- O'- g y 3 t N I-cc cu E U) to N 25E-32 25E-33 25E-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM CITY MA AGER 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 and Clerk of the Council to execute a 3`d amendment, six-month extension, to the consultant agreement with Phoenix Group Information Systems, subject to non-substantive changes approved by the City Manager and City Attorney, to provide an automated parking citation processing system, in an amount not to exceed $100,000.00. DISCUSSION Since 2004, Phoenix Group Information Systems has provided a satisfactory automated parking citation processing system for the Police Department. The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations and Phoenix Group Information Systems streamlines and expedites the issuance and processing of "hard copy" parking citations. In 2008, the Police Department sent out a Request for Proposal (RFP) for an automated parking citation processing system. Two vendors responded to the RFP, Phoenix Group Information Systems and Turbo Data Systems Ink., and it was determined that Phoenix Group Information Systems performed satisfactorily and the charges for their services were 20% less per citation compared to Turbo Data Systems Ink.. FISCAL IMPACT Funds in the amount of $100,000.00 are available in the Police Department, Traffic Division Fund (account no. 01114405-62300), Public Works - Roadway Cleaning Fund (account no. 06817641-62300), and CDA - Parking Meter Fund (account no. 02718860-62300). 25F-1 Automated Parking Citation Processing System November 28, 20111 Page 2 Chief Paul M. Walters Chief of Police Police Department Raul-Godinez II ( / Executive Director/ Public Works Agency I I" up-Y ?G?daeKO Nancy E rds Interim D uty City Manager for Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-2 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 5th day of December, 2011, by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter `'City"). RECITALS: A. City and Consultant entered into Agreement #A-2008-333, dated December 1, 2008, for the processing of parking citations and collection of parking penalties (hereinafter "said Agreement"). B. City and Consultant entered into First Amendment to Agreement #A-2009-210, dated December 21, 2009, to extend the term for an additional one-year period and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement #A-2010-242, dated December 7, 2010, to extend the term for an additional one-year period and increase compensation, at a lesser amount than that originally set forth in said Agreement, to pay for services provided during the extended term. D. In accordance with the terms and conditions of said Agreement, the Parties desire to extend the term of said Agreement for an additional six-month period and increase the compensation term to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $100,000.00 to pay for services during the extended term. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional six-month period through June 30, 2011. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25F-3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY PHOENIX GROUP INFORMATION SYSTEMS By: Teresa L. Judd Assistant City Attorney BOB MURPHY President 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008-31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115 NORTH HARBOR BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-27 and 2008-31. DISCUSSION In November 2008, the City Council approved Conditional Use Permit Nos. 2008-27 and 2008-31 to allow the construction of a new Rite-Aid Pharmacy at 115 North Harbor Boulevard. The conditional use permits allowed a drive through window operation for the pharmacy as well as a Type 21 (off-sale beer, wine and distilled spirits) Alcohol Beverage Control license. Due to a significant shift in the local, state and national economies over the past three years, Rite-Aid made the decision to abandon the project. The property owner had been in negotiations with CVS Pharmacy in an effort to occupy the site. Unfortunately, they too made the decision to not pursue development on the site. The owner is now in discussions with Walgreen's in an attempt to secure their business for the property. The negotiations are on-going; however, the entitlements for the site are ready to expire. 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 conditional use permits and is requesting another extension. Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. The first extension requested by the applicant was approved by the City Council on November 15, 2010 for a one year time period. Although the project has yet to be submitted into building plan check, the applicant does have parties interested in the site. The applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one year from date of approval to November 15, 2012. 55A-1 Extension of CUP Nos. 2008-27 & 2008-31 November 28, 2011 Page 2 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. FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning and Building Agency VF:rb vflreportsCUP08-27 & 08-31.2ndexdension.cc 55A-2 ROH - 11/28/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-27 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2008-31 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR 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. On November 17, 2008, the City Council approved Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned, to allow a drive through window operation for the pharmacy and a Type 21 Alcohol Beverage Control license in order to sell beer, wine, and distilled spirits for off-premise consumption at 115 North Harbor Boulevard. B. On November 15, 2010, the City Council approved a one (1) year extension of Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned. C. The applicant has requested another extension for Conditional Use Permit Nos. 2008-27 and 2008-31. The applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. D. It is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one (1) year to November 15, 2012. E. The extension request came before the City Council on November 28, 2011. F. 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. The extension may not be for a period or periods exceeding three (3) years in total beyond the date it would otherwise become void. 55A-3 Resolution No. 2011-XXX Page 1 of 3 G. 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. Section 2. Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned, are hereby extended for a period of one (1) year to November 15, 2012. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated November 28, 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 November, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011-XXX Page 2 of 3 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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 Resolution No. 2011-XXX 55A-5 Page 3 of 3 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: AGREEMENT WITH ICMA-RC TO ESTABLISH A RETIREE HEALTH SAVINGS PLAN ACCESSIBLE TO ALL BARGAINING GROUPS ON A VOLUNTARY BASIS 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 1. Adopt a resolution authorizing the implementation of the "Vantage Care" Retirement Health Savings Plan ("RHS") and designating ICMA-RC as the administrator of the RHS plan. Bargaining units that elect to voluntarily participate in the RHS plan will transfer funds from their current Medical Retirement Subsidy Plan to establish the trust required under the plan; 2. Authorize the City Manager and the Clerk of the Council to execute the attached agreement with ICMA-RC to establish and administer the plan for a period of five years with provision for year-to-year extensions, contingent upon Council approval, and to execute any other documents required to establish the trust and implement the plan for each bargaining unit choosing to voluntarily participate; 3. Appoint the Executive Director of Finance & Management Services Agency, or his designee, as the City's Plan Trustee authorized to maintain compliance with any regulations regarding the trust. 4. Appoint the Executive Director of Personnel Services, or his designee, as the City's Plan Administrator for the Plan, authorized to implement the plan, amend the plan, and to take additional actions as necessary to maintain the City's participation in the plan, maintain compliance with any regulations regarding the plan, and to administer the plan for current and retired bargaining unit members, on behalf of the City. DISCUSSION Each bargaining unit (SEIU, FBA, FMA, POA, PMA, SAMA, EM, and CASA) has established a Medical Retirement Subsidy Plan for its members for the purpose of partially subsidizing the cost of retiree health insurance premiums. The plans (except for POA) are administered by the City, at no cost to the bargaining unit or members. It has recently come to the City's attention that the annual retiree health subsidy amounts deposited by the City are construed as a future unfunded liability for the City. 55B-1 ICMA-RC Retiree Health Savings Plan November 28, 2011 Page 2 In the Memorandum of Understanding between the City and The Santa Ana Police Management Association ("PMA") for fiscal year 2004 - 2008, the City agreed to establish a voluntary program for employees to contribute unused sick leave, vacation, or other employee benefits on a pre-tax basis. Since that time, the City and PMA have explored various alternatives to address this issue and determined that converting the subsidy plan to a retiree health savings plan would benefit both the City by eliminating the unfunded liability associated with retiree medical plans pursuant to Governmental Accounting Standards Board (GASB) reporting requirements for "Other Post Employment Benefits" (OPEB) and benefit the PMA members. The PMA has requested the City proceed with implementation steps required to adopt the ICMA- RC "Vantage Care" retiree health savings plan. All other bargaining groups are aware of this plan and the City would make this plan accessible to all bargaining units on a voluntary basis. Under this plan, bargaining unit members are allowed to accumulate assets to pay for health insurance and out-of-pocket medical expenses at retirement. An bargaining unit member may contribute unused sick leave, vacation, and other benefits to an account, which is tax-free at deposit and tax free at withdrawal when used to pay for medical expenses. Additionally, the existing medical retirement subsidy funds for participating bargaining units will be deposited into the trust and distributed equitably to current and retired bargaining unit members. Each bargaining unit will determine how the existing funds will be split among their membership. Any future negotiated City contributions for participating bargaining units will be deposited into the trust. The plan will be administered by ICMA-RC at no cost to the City. Therefore, the City proposes the creation of a trust to be administered by ICMA-RC, a 39-year-old company that provides retirement savings plans, products and services to over 8,700 public sector agencies with more than 900,000 participants. ICMA-RC will assess to participant accounts an annual account fee of $25 ($6.25/quarter) and an Asset fee of 40 basis points (0.40% of the account) quarterly. Reimbursement requests will be handled directly by a third-party administrator and no longer handled by the City of Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. Executive Director Personnel Services Agency 55B-2 LES 11/8/11 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR ADOPTION OF THE ICMA-RC VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN ACCESSIBLE TO ALL BARGAINING GROUPS 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. Each bargaining unit (SEIU, FBA, FMA, POA, PMA, SMA, EM and CASA) of the City has established a Medical Retirement Subsidy Plan for its members for the purpose of partially subsidizing the cost of retiree health insurance premiums. These plans (except for POA) are administered by the City, at no cost to the bargaining unit or its members. The City recently learned that the annual retiree health subsidy amounts deposited by the City are construed as a future unfunded liability for the City. B. The establishment of a retiree health savings plan for the employees serves the interests of the City by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel. C. The City has determined that the establishment of a retiree health savings plan serves the above objectives and would benefit both the City by eliminating the unfunded liability associated with retiree medical plans, and be of benefit to the bargaining unit members. D. PMA has requested the City to proceed with implementation steps required to adopt the ICMA Retirement Corporation's VantageCare Retirement health savings plan. ICMA-RC has been in business 39 years and provides retirement savings plans, products and services to over 8,700 public sector agencies with more than 900,000 participants. ICMA- RC will assess to participant accounts an annual account fee of $25.00 and an asset fee of 40 basis points quarterly. E. The City will make this plan accessible to all bargaining units on a voluntary basis. Under this plan, bargaining unit members are allowed to accumulate assets to pay for health insurance and out-of-pocket medical expenses at retirement. A bargaining unit member may contribute unused 55B-3 Resolution No. 2011-XXX Page 1 of 3 sick leave, vacation, and other benefits to an account, which is tax-free at deposit and tax-free at withdrawal when used to pay for qualified medical expenses. F. The existing medical retirement subsidy funds for participating bargaining units will be deposited into the trust and distributed equitably to current and retired bargaining unit members. Each bargaining unit will determine how the existing funds will be split among their membership. Any future negotiated City contributions for participating bargaining units will be deposited into the trust. G. The plan will be administered by ICMA-RC at no cost to the City. Reimbursement requests will be handled directly by a third party administrator and no longer handled by the City of Santa Ana. Section 2. The City hereby adopts the ICMA-RC VantageCare Retirement Health Savings Plan. The City Manager and Executive Director of Personnel or their respective designees are hereby authorized to execute any documents required in furtherance of the establishment of this health savings plan. 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. 55B-4 Resolution No. 2011-XXX Page 2 of 3 ADOPTED this day of , 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers 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 , 2011. Date: Clerk of the Council City of Santa Ana 55B-5 Resolution No. 2011-XXX Page 3 of 3 Plan number 803237 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the 28 day of November , 2011 (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Santa Ana ("Employer") a local governmental instrumentality organized and existing under the laws of the State of California with an office at 20 Civic Center Plaza, Santa Ana, California 92701. RECITALS Employer acts as a public plan sponsor for a retiree health plan with responsibility to obtain investment alternatives and services for employees participating in that plan; Employer desires to make the VantageCare Retirement Health Savings Plan ("RHS Plan" or "Plan") provided by ICMA-RC available to its employees; ICMA-RC makes available the Vantagepoint Funds, a no-load, diversified mutual fund, for investment of public employer plan assets, including RHS Plan assets; lC MA-RC provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. Acceptance of RHS Plan AGREEMENTS Employer agrees to make the RHS Plan provided by ICMA-RC available to its employees. The details of the RHS Plan shall be as mutually agreed between the Employer and ICMA-RC, and in general shall be as set forth in the RHS Plan materials developed by ICMA-RC and provided to Employer. The RHS Plan materials are hereby incorporated by reference and made a part of this Agreement, except that Employer and ICMA-RC may from time to time mutually agree in writing to terms that vary from the RHS Plan materials. RHS plan materials shall include the VantageCare RHS Employer Manual, available electronically through the EZ Link System upon plan adoption. The functions to be performed by ICMA-RC and its agents include: (a) allocation in accordance with participant direction of individual accounts to investment funds ("Funds") made available to Plan participants; (b) maintenance of individual accounts for participants reflecting amounts 55B-6 Plan number 803237 contributed, income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan; and (t) performance of tax withholding and reporting in conjunction with the Employer for each RHS account. 2. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities with respect to the Plan, including information needed to allocate individual participant accounts to Funds, and information as to the benefit eligibility and employment status of participants, and participant ages, addresses, beneficiaries and other identifying information (including tax identification numbers). ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant, dependent, or beneficiary that is furnished by such participant, dependent, or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide account information in reports, statements or accountings. 3. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) ICMA-RC is an investment adviser registered as such with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker-dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. Employer represents and warrants to ICMA-RC that: ( c ) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its 55B-7 Plan number 803237 obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (d) Information required to be retained by the Employer shall be set forth in the RHS plan materials developed by ICMA-RC and provided to the Employer. (e) Employer is responsible for determining that there are no state or local laws that would prohibit it from establishing ICMA-RC's VantageCare RHS program. Employer is also responsible for determining that the investments selected for the RHS plan fall within state/local requirements. (t) Employer acknowledges that the RHS plan may be treated as a "health plan" for Health Insurance Portability and Accountability Act ("HIPAA") purposes and therefore may be subject to HIPAA privacy rules. If it is determined that the RHS plan is considered a "health plan", an employer sponsoring RHS would be responsible for complying with the HIPAA privacy and security rules regarding protected health information of RHS plan participants. ICMA-RC has procedures in place to safeguard the protected health information of RHS plan participants. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies ICMA-RC otherwise, Employer authorizes ICMA-RC to determine whether disbursement of benefits to a former spouse, spouse or child pursuant to a medical child support order is appropriate. Compensation and Payment (a) Absent an explicit agreement to the contrary between ICMA-RC and Employer, participant fees and expenses shall be payable from RHS assets, in accordance with the requirements of the RHS Plan as set forth below. An annual asset fee of 0.40% (40 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. In addition to the annual asset fee, a $25 annual account fee will be charged quarterly to each Accountholder's account. Account administration fees are subject to change with appropriate prior 55B-8 Plan number 803237 notification. (b) Compensation for Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that certain wholly-owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to the Vantagepoint Funds. The fees referred to in this subsection are disclosed in the Vantagepoint Funds Prospectus. Custody Employer understands that amounts contributed to the RHS plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer in the RHS plan materials and are not to be remitted to the ICMA Retirement Trust or ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred, ICMA-RC will return it to Employer with proper instructions. Responsibility (a) ICMA-RC shall not be responsible for any acts or omissions of any person other than ICMA-RC in connection with the administration or operation of the Plan. (b) The Employer understands that, as a general matter, the Internal Revenue Service ("IRS") may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS plan materials. The Employer agrees to hold ICMA-RC harmless in connection with the addition and administration of any RHS plan feature or provision requested by the Employer for which the IRS will not provide express interpretive guidance. Term This Agreement shall be in effect for an initial term beginning on the Inception Date and ending 5 years after the Inception Date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. Q Amendments and Adjustments i a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that an adjustment to compensation or administrative and operational services under this Agreement may only be implemented by ICMA- RC through a proposal to the Employer via correspondence or the Employer Bulletin. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment. Such adjustment shall become effective unless, within the 60 day period before the effective date, the Employer 55B-9 Plan number 803237 By Angela C. Montez Assistant Corporate Secretary 55B-10 Plan number 803237 notifies ICMA-RC in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment. (c? No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 10. Notices All notices required to be delivered under Section 9 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (1) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 11. Complete Agreement This Agreement shall constitute the sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 12. Governiniz Law 1'his agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF SANTA ANA By Signature Date Paul Walters, City Manager Name and Title (Please Print) INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION 55B-11 icm/ -RC livi/lu!X Reri--w Secusirp City of Santa Ana, CA NAME OF EMPLOYER RETIREE WELFARE BENEFITS PLAN m N, F?:k 55B-12 ICM/RC 811ildbrg Ali .. ...... Srr nruy RETIREE WELFARE BENEFITS PLAN Table of Contents Article 1 Preamble 1.01 Establishment of Plan 1.02 Purpose of Plan Article II Definitions 2.01 "Benefits" 2.02 "Code" 2.03 "Dependent" 2.04 "Eligible Medical or Dental Expenses" 2.05 "Employer" 2.06 "Entry Date" 2.07 "Participant" 2.08 "Plan Administrator" 2.09 "Plan Year" 2.10 "Retiree" 2.11 "Spouse" Article 111 Eligibility 3.01 General Requirements Article IV Amount of Benefits 4.01 Annual Benefits Provided by the. Plan 4.02 Cost of Coverage Article V Payment of Benefits 5.01 Eligibility for Benefits 5.02 Claims for Benefits Article VI Plan Administration 6.01 Allocation of Authority 6.02 Provision for Third-Party Plan Service Providers 6.03 Several Fiduciary Liabilit.N 6.04 Compensation of Plan Administrator 6.05 Bonding 6.06 Payment of Administrative Expenses 6.07 Timeliness of Payments 6.08 Annual Statements y 55B-13 Table of Contents (continued) Article VII Claims Procedure 7.01 Procedure if Benefits are Denied Under the Plan 7.02 Requirement for Written Notice of Claim Denial 7.03 Right to Request Hearing on Benefit Denial 7.04 Disposition of Disputed Claims 7.05 Preservation of Other Remedies Article VIII Amendment or Termination of Plan 8.01 Permanency 8.02 Employer's Right to Amend 8.03 Employer's Right to Terminate Article IX General Provisions 9.01 No Employment Rights Conferred 9.02 Payments to Survivor 9.03 Nonalienation of Benefits 9.04 Mental or Physical Ilicontpctency 9.05 Inability to Locate Payee 9.06 Requirement of Proper Forms 9.07 Source of Payments 9.08 Tax Effects 9.09 Multiple Functions 9.10 Gender and Number 9.11 Headings 9.12 Applicable Laws 9.13 Severability 55B-14 Name of Employer RETIREE WELFARE BENEFITS PLAN ARTICLE I Preamble fIIIS INSTRUMENT made and published by City of Santa Ana (hereinafter called "Employer") on he 28 day of November 2011 creates the City of Santa Ana Retiree Welfare Benefits !'Ian, is follows: 1.01 Establishment of Plan I h, finplovcr mimed above hereby establishes a Retiree Welfare Benefits Plan as of the 28 day of November 20 11 1.02 Purpose of Plan I his Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by t hem, their Spouses and Dependents pursuant to the Employer's VantageCare Retirement Health Savings (RHS) Plan. ARTICLE II Definitions I he following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly quired be the context: 2.01 "Benefits" means any amounts paid to a Participant, Spouse or Dependents in the Plan as reimbursement for Eligible Pvled ica) and Dental Expenses incurred by the Participant during a Plan Year by him, his Spouse or his Dependents. 2.02 "Code" means the Internal Revenue Code of 1986, as amended. 2.03 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code Sec. 152, as mpltlied by Intel-nal Revenue Service Notice 2004-79, 2004-49 I.R.B.898. 2.04 "Eligible Medical Expenses" means those expenses designated by the Employer as eligible for reimbursement in the VantageCtre Retiremenr Health Savings Plan Adoption Agreement. 2.05 "Employer" means the unit of state or local government creating this [']an, or any' affiliate or successor thereof that likewise adopts this Plan. 2.06 "Entry Date" means the first day the Participant meets the eligibility requirements ofArticle III as of such Date. 2.07 "Participant" means any Retiree who has met the eligibilit), requirements set forth in Article 111. 2.08 "Plan Administrator" means the Employer or other person appointed by the Employer who has the authority and ,:,Poilsibiht? to ntanagC and direct the operation and administration of the Plan. 2.09 "Plan Year" means the annual accounting period of the Plan, which begins on the 28 day of November 'tt and ends on the 31 day of December _ 20 11 with respect to the first Plan Year, and hereafter as Ion} is this Plan remains in effect, the period that begins on January 1 and ends on month/day December 31 Al, 55B-15 2.10 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a legal employer- mphwec t.I,n iottsltip with the Employer for federal withholding tax purposes, and who was part of the classification of tnPloVee, designated as covered by the Employer's VantageCare Retirement Health Savings Plan. 2.11 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has ii, priniat v place of residence. All other defined terms in this Plan shall have the meanings specified in the various Articles of hr Plot in which they appear. ARTICLE III Eligibility i.uh Retiree xcho meets the eligibility requirements outlined in the Employer's VantageCare Retirement Health Savings Plan ,hall be eligible to participate in this Plan. ARTICLE IV Amount of Benefits 4.01 Annual Benefits Provided by the Plan r.a. h Participant shall be entitled to reimbursement for his documented, Eligible Medical Expenses incurred during the Plan rear in an annual amount not to exceed the account balance of the Participant in the Employer's VantageCare Retirement Iealth S:nings Plan. 4.02 Cost of Coverage h. _-xpcwk of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Employer's VantageCare RetnCmcnt Health Savings Plan. ARTICLE V Payment of Benefits 5.01 Eligibility for Benefits Fach Panicipant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical Expenses incurred by the Pan mpant on or after the Entry Date of his or her participation (and after the effective date of the Plan), subject to the limitations contained in this Article V, regardless whether the mental or physical condition for which the Participant makes application for benefits under this Plan was detected, diagnosed, or treated before the Participant became covered by the Plan. In (,tart u3 be eligible for benefits, the Participant must meet the benefit eligibility criteria outlined in the Employer's Manage( :.3rc Retirement Health Savings Plan Adoption Agreement. :1 I'.nt i, Want who becomes totally and permanently disabled (as defined by the Social Security Administration) will become unntcdi.neh eligible to receive medical benefit payments frorn the Plan. Pursuant to Section 9.02 and Employer's VantageCare I ecmement Health Savings Plan Adoption Agreement, the surviving Spouse and Dependents shall become immediately ; ligihle o receive or to continue receiving medical benefit payments from the Plan upon the death of the Participant. t 55B-16 5.02 Claims for Benefits 'Jo benefit shall be paid hereunder unless a Participant, his Spouse or Dependent has first submitted a written claim for h 11e:Iu, to the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set out in \ ri iclc V1, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the Participant, his Spouse I I pendent the benefits provided under this Plan as soon as is administratively feasible. ARTICLE VI Plan Administration 6.01 Allocation of Authority I hr Employer shall control and manage the operation and Administration of the Plan. The Employer shall have the exclusive fight to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, i11t0ulsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and herding on all persons. \'n hour limiting the generality of the foregoing, the Employer shall have the following powers and duties: 0 V6 decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; Ib dctcrmine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to nform the Plan Administrator, as appropriate, of the amount of such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and G, designate other persons to carry out any fluty or power which would otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. i; 10 require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; to make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the :fficient administration of the Plan. 6.02 Provision for Third-Party Plan Service Providers h, l'brn Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem nt cc•ss t'? or desirable in connection with operation of the Plan. The Plan Administrator, the Employer (and any person horn it may delegate any duty or power in connection with the administration of the Plan), and all persons connected herewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, countant, (including Employees who are actuaries or accountants), consultant, third party administration service provider, coal .111.11tsel, or other specialist, and they shall be fully protected in respect to any action taken or permitted in good faith in li.uicr thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 6.03 Several Fiduciary Liability o 1.he extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for '.ulore ro a. t except for his own willful misconduct or willful breach of this Plan. 55B-17 6.04 Compensation of Plan Administrator 'nie,s otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in M It capacity, but all reasonable expenses incurred in the performance of his duties shall be paid by the Employer. 6.05 Bonding . mess otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not he required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6.06 Payment of Administrative Expenses 111 reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses 'N% 111J4 to :uiy third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person t1a organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be oaid by the F mployer, provided, however that each Participant shall bear the monthly cost (if any) charged by a third party administrator for maintenance of his Benefit Account unless otherwise paid by the Employer. 6.07 Timeliness of Payment for Benefits a? ntent tot Bcttcfits shall be made as soon as administratively feasible after the required forms and documentation have been CcCived by the Plan Administrator. 6.08 Annual Statements I lie Plan Administrator shall furnish each Participant with an annual statement of his medical expense reimbursement ,ecount within ninety (90) days after the close of cacti Plan Year. ARTICLE V11 Claims Procedure 7.01 Procedure if Benefits are Denied Under the Plan ltav Participant, Spouse. Dependent, or his duly authorized representative may file a claim for a plan benefit to which the Jatmant believes that he is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the plan Administrator, in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, alit Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or H part, of sue h claim, unless special circumstances require an extension of time for processing the claim. In no event may he es:tcnsaon exceed forty-five (45) days from the end of the initial period. If such extension is necessary, the claimant will be given a R ritten notice to this effect prior to the expiration of the initial 30-day period. If such extension is necessary due to a failure of the Participant, Spouse or Dependent to submit the information necessary to decide the claim, the notice of . XtCnsion hall describe the required information and the claimant shall be afforded at least forty-five (45) days from receipt of (lie notice within which to provide such information. The Plan Administrator shall have full discretion to deny or grant a Jaim in sti hole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed JLo1Cd and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 55B-18 7,02 Requirement for Written Notice of Claim Denial h, I'Lin :\dminkt ator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a nt.uux•r calculated to be understood by the claimant: II<<,prcific reason or reasons for the denial; ul spc, ih, reference to pertinent Plan provisions on which the denial is based; A desc ription of any additional material of information necessary for the claimant to perfect the claim and an explanation of k? h such material is necessary, and k ?n explanation of the Plan's claim review procedure. 7.03 Right to Request Hearing on Benefit Denial it hin one hundred eighty (180) days after the receipt by the claimant of written notification of the denial (in whole or in l"ar;) of his claim, the claimant or his duly authorized representative, upon written application to the Plan Administrator, in pcp,on or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may uhmit issues and comments in writing. 7.04 Disposition of Disputed Claims Ton its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision )n review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision +nd specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later • han sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension ,I rime lire processing, in which case a decision shall be rendered not later than one hundred-twenty (120) days after receipt of a equtst fur review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of I rc inir ill sixt} (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim ha Il ht deerned denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies Meer exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other cf,J of equitable remedy otherwise available. ARTICLE VIII Amendment or Termination of Plan 8.01 Permanency ,hLI, the l.nrployer filly expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, I+rr 111.1 nen ? of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02 110 8 n.,. - F { <a 55B-19 8.02 Employer's Right to Amend he Emplover reserves the right to amend the Plan at any time and from time-to-time, and retroactively if deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the role and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan. 8.03 Employer's Right to Terminate I he Emplover reserves the right to discontinue or terminate the Plan at any time without prejudice. ARTICLE IX General Provisions 9.01 No Employment Rights Conferred `veither this flan nor any action taken with respect to it shall confer upon any person the right to be continued in the ruiployment of the Employer. 9.02 Payments After Death of Participant \m hcnehts otherwise payable to a Participant following the date of death of such Participant shall he paid as outlined in the i mployer's `v'antageCare Retirement Health Savings Plan Adoption Agreement. 9.03 Nonalienation of Benefits ',lo hcueht under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge. ne umhrancc or charge, and any attetnpt to do so shall be void. No benefit under the Plan shall in any manner be liable for .r .nbjcct to i he d,:bts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the !'1,111 become, bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any beneftr under dw flan. or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts ofthe tn•rson entitled to any such benefit, except as specifically provided in the flan, then such benefit shall cease and terminate ,n the disc rction of the Plan Administrator, and he may hold or apply the same or any part thereof to the benefit of any , iependerrt of such person, in such manner and proportion as he may deem proper. 9.04 Mental or Physical Incompetency (. thc- Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical u ntrnral disability, lie may cause all payments thereafter becoming due to such person to be made to any other person for h i, hcn,-fit without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall onipletely discharge the Plan Administrator and the Employer. 9.05 Inability to Locate Payee I: the Hai, Administrator is unable to make payment to any Participant or other person to whom a payment is due under • he flan hrc ausc he cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts 55B-20 I :n.• heen made to identify or locate such person (including a notice of the payment so due mailed to the last known address d surlt Participant or other person as shown on the records of the Employer), such payment and all subsequent payments o Item, isc due to such Participant or other person shalt be escheated under the laws of the State of the last known address of he Participaw or other persons eligible for benefits. 9.06 Requirement of Proper Forms \11 ommunicarions in connection with the Plan made by a Participant shall become effective only when duly executed on onns provided by and filed with the Plan Administrator. 9.07 Source of Payments hc. l?ntploycr shall be the sole source of benefits under the Plan. No Employee, Spouse or Dependents shall have any right to, or merest in. aut} assets of the Employer upon termination of employment or otherwise, except as provided from time to time under 1 he Pk it. and then only to the extent of the benefits payable under the Plan to such Employee, Spouse or Dependents. 9.08 Tax Effects 'veirher the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments ei rived b) a Participant, his Spouse or Dependents hereunder will be treated as includible in gross income for federal or state uuomc tax purposes. 9.09 Multiple Functions m person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 9.10 Gender and Number '11,11culinc pronouns include the feminine as well as the neuter gender, and the singular shall include the plural, unless indicated otherwise by the context. 9.11 Headings h( article and Section headings contained herein are for convenience of reference only, and shall not be construed as fining or limiting the matter contained thereunder. 9.12 Applicable Laws It, provisions of the Plan shall be construed, administered and enforced according to the laws of the State of California 9,13 Severability hould anv part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be I rl n e`fc, t to the maximtrrn extent possible. \X'I I NFS) W14EREC)F, we have executed this Plan Agreement the date and year first written above. - - M 55B-21 1 \11'I.t )}"I?.R Signature of Authorized Official =%f I FS I (i! applicable) Signature of Attestor Title: Finance Director Title: v 55B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM - GRANT APPLICATIONS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2'd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit applications for funding consideration under the Measure M Comprehensive Transportation Funding Program. 2. Direct staff to amend the seven-year Capital Improvement Program to incorporate the Comprehensive Transportation Funding Program projects list. DISCUSSION The Orange County Transportation Authority (OCTA) has issued a call for projects under the Measure M2 Competitive Funding Program for FY 12113 through FY 14/15. Funding in the amount of $57 million is available countywide in the Comprehensive Transportation Funding Program (CTFP). The programs designated for funding are the Regional Capacity Program and Traffic Signal Synchronization Program. The City will be submitting ten applications totaling $16,342,650 in grant fund requests. The City will utilize existing and future local funds and federal grants to provide the required matching funds for the subject requested projects. Staff is requesting authorization to apply for the following projects, listed by funding program and fiscal year(s): GRANT RECOMMENDED PROJECTS PHASE AMOUNT FY Bristol St. Widening: Washington to 17th R/W-construction $13,416,900 12/13-14/15 Bristol St. Widening: Civic Center to Washington Design $226,500 12/13 Grand Ave. Widening: 4th to 17th Design $450,000 12/13 Warner Ave. Widening: Main to Oak Design $330,750 12/13 Bristol St. and Memory Ln. Intersection Widening Design $ 58,500 12/13 55C-1 C Sc Measure M Comprehensive Transportation Funding Program - Grant Applications November 28, 2011 Page 2 of 2 RECOMMENDED PROJECTS GRANT FY PHASE AMOUNT First St Corridor Traffic Signal Synchronization Design/construction $500,000 12/13 Edinger Ave. Corridor Traffic Signal Synchronization Design/construction $380,000 12/13 17th St. Corridor Traffic Signal Synchronization Design/construction $180,000 12/13 4th St. Corridor Traffic Signal Synchronization Design/construction $120,000 13/14 Main St. Corridor Traffic Signal Synchronization Design/construction $680,000 13/14 Total $16,342,650 CTFP guidelines require inclusion of the proposed projects in the City's seven-year Capital Improvement Program (CIP). Therefore, in order to be considered for this grant funding cycle, it is necessary to amend the seven-year CIP to include these improvements. Given the need for these street improvements and the eligibility requirements defined by OCTA, staff recommends that the City Council adopt the resolution authorizing submittal of these project applications for funding consideration, and direct staff to incorporate the projects into the seven-year CIP. Staff anticipates a response to the grant funding request in December 2011 and an OCTA Board action on the call for projects in March 2012. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The required matching funds on these projects will be provided in the year of expenditure. APPROVED AS TO FUNDS AND ACCOUNTS: RG/ML Raul Godinez Utr Executive Dire Public Works Agency Exhibit: 1. Resolution Francisco Gutierrez Executive Director Finance & Management Services Agency 55C-2 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION 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 City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will provide matching funds for each project as required by the Orange County Comprehensive Transportation Program Procedures Manual. E. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County. F. The City of Santa Ana will not use Measure M funds to supplant Developer Fees or other commitments. G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a supplement to the existing pavement management program. Reso #2011- Page 1 of 3 55C-3 Section 2: The City Council of the City of Santa Ana hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to said City from the Comprehensive Transportation Programs. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in the improvement of the following street(s): PROJECT Bristol Street Widening: Washington to 17th Bristol Street Widening: Civic Center to Washington Grand Avenue Widening: 4th to 17th Warner Avenue Widening: Main to Oak Bristol St. and Memory Ln. Intersection Widening First St Corridor Traffic Signal Synchronization Edinger Ave Corridor Traffic Signal Synchronization 4th St Corridor Traffic Signal Synchronization 17th St Corridor Traffic Signal Synchronization Main St Corridor Traffic Signal Synchronization PROGRAM FY RCP 12/13, 14/15 RCP 12/13 RCP 12/13 RCP 12/13 RCP 12/13 TSSP 12/13 TSSP 12/13 TSSP 12/13 TSSP 13/14 TSSP 13/14 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, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana. 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 2011. Miguel A. Pulido Mayor Reso #2011- Page 2 of 3 55C-4 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby 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 the Council City of Santa Ana Reso #2011- Page 3 of 3 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD A PART-TIME JOB TITLE q6&4??? ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1$' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's basic Classification and Compensation Plan (Resolution 82-110) to create a part-time job classification. DISCUSSION Earlier this year, the consulting firm of Management Partners, Inc. was hired to review the City's budget and recommend methods to reduce costs and increase revenues. A Budget Stabilization Plan was developed that included suggestions on restructuring the provision of City services, either through outsourcing or internal reorganizations and job classification changes. One of the recommendations was to civilianize the Training Section in the Police Department by using part- time, retired police officers instead of full-time, active duty police officers to conduct training programs. In response to this recommendation, the Interim City Manager is proposing the creation of a new part-time job classification titled Police Training Facilitator. The classification will be responsible for developing and presenting training programs to sworn and non-sworn employees in the Police Department and assisting full-time employees with classroom set-up, video production and statistical data collection and analysis. If incumbents are properly certified, they will provide instruction in topics including firearms, use of force, pursuit/emergency driving, and first aid/CPR. With the addition of this part-time job classification, the Police Department will have the opportunity to assign duties currently performed by full-time personnel to retired staff working on a part-time, non-benefitted basis, thus resulting in potentially considerable savings to the City. 55D-1 Classification/Compensation Plan November 28, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with these actions. Ed Raya Executive Direc or of Personnel Services C hi?=? Gw9clZ?S Paul Walters Interim City Manager 55D-2 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD ONE NEW PART TIME CLASSIFICATION TITLE IN THE POLICE DEPARTMENT. 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. C. In order to continue to provide efficient and effective services within the Police Department with diminished resources, the Interim City Manager proposes to create one (1) new part time classification title. D. It is now desired to amend Council Resolution No. 82-110, as amended, in order to effect this change. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adding the following part-time title, assigned to the five hourly pay steps set forth below: Basic Hourly Wage Rates Effective 12/01/11: Classification Title Step A Step B Step C Step D Step E Police Training Facilitator $22.21 $23.32 $24.49 $25.71 $27.00 Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. Section 4: That this Resolution shall be operative from and after November 28, 2011. 55D-3 ADOPTED this 28th day of November, 2011. Miguel A. 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- 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 55D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: RESOLUTION SUPPORTING THE MISSION OF THE "OCCUPY" ORGANIZATION RELATING TO THE NATION'S ECONOMIC CRISIS ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2ntl Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution supporting the mission of the "Occupy" Organization relating to the nation's economic crisis. DISCUSSION The nation's current fiscal crisis has united a number of citizens who have formed the "Occupy" Organization. This organization's mission is to galvanize public support for solutions to the economic problems plaguing our country. The Occupy Organization has identified sustained unemployment, growing income disparities, banking system failures, unjust tax systems, and corporate influence in politics as contributing factors to the widespread economic instability in our nation. The Occupy Organization also calls on Congress to take proactive efforts to create jobs, adopt meaningful regulations of banks and corporations, and to retain local government revenues such as community development block grants that sustain local public services. The attached resolution is an action of support for the Organization's mission and efforts. FISCAL IMPACT There is no fiscal impact associated with this item. 55E-1 55E-2 ti 11/15/11 RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE MISSION AND GOALS OF THE "OCCUPY" ORGANIZATIONS RELATING TO THE CAUSES OF THE NATION'S ONGOING ECONOMIC CRISIS 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 People of California and of Santa Ana are suffering from an ongoing economic crisis that threatens their health and financial security; and B. Members of Occupy movements throughout the nation and Santa Ana community members are frustrated by the continuing economic crisis that threatens individual, family, and City finances, and our community's quality of life, and are participating in Occupy protests to make their voices heard; and C. The reasons for these protests include sustained unemployment, growing income disparity, banking system failures, stalled earning power, unjust tax systems, and corporate influence in politics that all contribute to ongoing wealth disparities; and D. The causes and consequences of the current economic crisis erode confidence in the social contract upon which the Constitution of the United States of America is based; namely, the ability of Americans to come together and form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for all, allowing every American to strive for and share in our nation's prosperity through cooperation and hard work; and E. This prolonged economic downturn has hurt nearly all Americans, in the areas of wealth loss, unemployment, and housing access, and it has taken an even greater toll on people of color and women. Women are 29% more likely to be poor than men. The poverty rate for single mother families has increased to 40.7%. Economic gains made by people of color since the Civil Rights Movement have been substantially reduced by the Great Recession. Caucasian Americans experienced a net wealth loss of 16 percent from 2005 to 2009, African Americans lost about half of their wealth and Latinos lost two- thirds of their wealth in this same period; and 55E-3 Resolution No. 2011-XXX Page 1 of 2 F. More than 25 million Americans are unemployed and seeking work or working part-time because they are unable to secure full-time employment; more than 50 million Americans are living without health insurance; and, more than one in five American children are growing up in households living in poverty without sufficient resources to meet basic survival needs, such as food, clothing, and shelter; and G. The U.S. Centers for Disease Control (CDC), in its report, a "CDC Health Disparities & Inequalities Report - - United States, 2011" documents that income inequality in the United States is the highest among advanced industrialized nations, with wide-spread inequities in U.S. health outcomes by income, race, and gender; and H. One of the largest problems dragging down our economy is the foreclosure crisis, with many owners struggling to obtain loan adjustments and too many banks with flawed review procedures; and The County of Orange, in its 2011 Community Indicator Report, documents that: (1) the economic recession continues to dramatically affect Orange County's low income families, (2) in 2009-2010 there was an 18% increase in the number of pre-kindergarten through 12th grade students who were identified as living in unstable housing conditions, (3) based on student enrollment, the County has proportionately more homeless and unstably- housed students that the statewide average and all California peers compared, and (4) an estimated one in six Orange County residents have no health insurance. Section 2. The City of Santa Ana hereby adopts this Resolution so as to support the mission and goals of the "Occupy Santa Ana" organization and to recognize its right to the peaceful and lawful exercise of its First Amendment rights done in furtherance of its stated goals and objectives. The City does not condone actions that infringe upon the lawful rights of others, obstruct or interfere with the efforts of law enforcement to protect such rights, or cause personal injury or property destruction. Section 3. The City of Santa Ana requests our Congressional leaders to generate solutions for economically distressed Americans, specifically to: 1. Support job creation, substantial investments in the nation's critical physical and technological infrastructure and to reduce the Nation's deficit by adopting fiscal policies with equitable corporate and individual taxation. 2. Encourage the banking and financial sector to commence more reasonable and flexible lending practices that will further stimulate economic growth and job creation, in addition to the adoption of new rules concerning, and vigorous Resolution No. 2011-XXX Page 2 of 2 55E-4 investigation and prosecution of, individuals and corporations that violate the fraud, theft and securities laws. 3. Retain or increase community-building block grants for local schools and social services and protect public education from devastating cuts and prevent tuition levels that block fair access to higher education. 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 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Teresa L. Judd Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers 55E-5 Resolution No. 2011-XXX Page 3 of 2 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-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 Page 4 of 2 55E-6