HomeMy WebLinkAbout FULL PACKET_2011-12-05MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 28, 2011
CLOSED SESSION MEETING
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
5:07 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE (5:09 p.m.)
MICHELE MARTINEZ
VINCENT F. SARMIENTO (5:11 p.m.)
SAL TINAJERO (5:30 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center
Plaza for Closed Session discussion at 5:08 p.m.
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Michael Stuhl vs. City of Santa Ana, WCAB Case No. ADJ7797166
CITY COUNCIL MINUTES
1
NOVEMBER 28, 2011
10A-1
1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Santa Ana Police Officers Association
(P OA)
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; and City Manager
CLOSED SESSION REPORT -See Item 19A for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:02 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES
2
NOVEMBER 28, 2011
10A-2
OPEN SESSION
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:08 P_M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO (6:15 p.m.)
SAL TINAJERO (6:15 p.m.)
COUNCILMEMBERS Absent:
None
STAFF Present:
PAUL M. WALTERS, Interim City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CLOSED SESSION REPORT -See Agenda Item 19A for Report.
PUBLIC COMMENT
• Stuart Fuller, representing the Orange County Grand Jury, encouraged residents to
apply for one of the 19 positions available on next year's Grand Jury; requirements
are 18 years of age, U.S. Citizen, Orange County resident for at least a year; body
reviews indictments, citizen complaints, and studying all forms of city governments
and special districts.
• Alex Vega, member of Occupy Santa Ana movement, spoke in support of movement
and Agenda Item 55E.
• Ralph Allen, spoke on PBID; expressed appreciation to Mayor Pro Tem Alvarez for
her support and efforts to disestablish; requested item be re-agendized for City
Council consideration.
• Fina Chavez, urged City Council to reconsider disestablishment of PBID.
• Arman Maghazel, member of Occupy Santa Ana, commented on first amendment
rights and right to peaceful assembly; support all movements throughout the Nation.
CITY COUNCIL MINUTES
NOVEMBER 28, 20'11
10A-3
CONSENT CALENDAR ITEMS
MOT/ON: Approve Consent Calendar Items 10A through 25F with the
following modifications:
• Mayor Pro Tem Alvarez recorded an abstention on Item 1 OB.
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
NOES: None (O)
ABSTAIN: None (O)
ABSENT: None (O)
Items rerrtoved fior separate action or''modified ar'e highlighted. Separate actions show
the'actua,l vote: Items without votes.are adopted as part of the consent mo#ion'
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE REGULAR MEETING OF NOVEMBER 7, 2011 -Clerk
of the Council Office
MOT/ON: Approve Minutes.
10B MINUTES OF THE SPECIAL CLOSED SESSION AND OPEN CITY
COUNCIL MEETINGS OF NOVEMBER 14, 2011 - Clerk of the Council
Office
MOT/ON: Approve Minutes.
Mayor Pro Tem Alvarez abstained on Item 10B.
ORDINANCES/SECOND READINGSS
In the event a Councilmember recorded an "abstention" before consideration of the
following ordinance(s) on first reading, such abstention will also be reflected in the
minutes for second reading.
11A ZONING ORDINANCE AMENDMENT NO. 2011-01 TO CREATE A
HOUSING OPPORTUNITY ORDINANCE TO ENSURE FUTURE
RESIDENTIAL DEVELOPMENT PROJECTS CONTRIBUTE TO THE
CITY COUNCIL MINUTES
4
NOVEMBER 28, 2011
10A-4
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
Placed on first reading at the November 7, 2011 City Council meeting and
approved by a vote of 6-1 (Bustamante, opposed)
Published in the Orange County Reporter on November 18, 201 1 .
MOT/ON: Place ordinance on second reading and adopt.
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 LEVEL
BOARDS /COMMISSIONS /COMMITTEES
13A RE-APPOINT ORANGE COUNTY VECTOR CONTROL DISTRICT
BOARDMEMBER -Clerk of the Council Office
MOT/ON: Re-appoint Cecilia Aguinaga as the City Representative to
the Orange County Vector Control District Board for atwo-year term
expiring December 31, 2013.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT -City Attorney's Office
MOT/ON: Approve the Compromise and Release settlement
agreement in the amount of $25,000.00 in the case of Michael Stuhl
vs. City of Santa Ana, WCAB Case No. ADJ7797166.
19B EXCUSED ABSENCES -None
19C REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR
THE ACADEMY CHARTER HIGH SCHOOL - Planning and Building
Agency
MOT/ON: Authorize the Planning and Building Agency to send a
Request for Proposals to qualified consulting firms to provide
CITY COUNCIL MINUTES 5 NOVEMBER 28, 2011
10A-5
environmental services for The Academy Charter High School at
1901 North Fairview Street.
BUDGETARY MATTERS
SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES
MOT/ON: Award in accordance with Request for Council Action.
(Items 22A and 22B)
22A SPEC. NO. 10-040 -ASPHALT POTHOLE REPAIR -Renew the contract
with Ben's Asphalt, Inc.. for aone-year period in an annual amount not to
exceed $500,000 (Public Works Agency) - Finance & Management
Services
22B SPEC. NO. 06-064 - ELECTRICAL SERVICES -Authorize payment to
Williams and Maher in the amount not to exceed $115,000 - Finance &
Management Services
PROJECTS/CHANGE ORDERS
23A 2011-2012 OMNIBUS CONCRETE REPLACEMENT CONTRACT
(PROJECT NO. 126752) -Public Works Agency
MOT/ON:
1. 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.
3. Approve a funding analysis with a total estimated construction
cost of $296,800.
23B CONTRACT AWARD FOR SEVENTEENTH STREET TRIANGLE
(PROJECT NO. 096035) STATE RESOURCES AGENCY GRANT
FUNDED -Public Works Agency and Parks, Recreation, and Community
Services Agency
MOT/ON:
CITY COUNCIL MINUTES 6 NOVEMBER 28, 201'1
10A-6
1. 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.
2. Approve a Funding Analysis with a total estimated construction
cost of $196,900.
23C CONTRACT AWARD FOR DIAMOND PARK MUTUAL WATER
COMPANY WATER MAIN IMPROVEMENTS (PROJECT NO. 106404
REBID) PROPOSITION 84 GRANT -Public Works Agency
MOT/ON:
1. Approve an appropriation adjustment. (Requires five affirmative
vote)
APPROPRIATION ADJUSTMENT NO. 2012-94 -Accepting funds in
the amount of $1,121,727 into the Miscellaneous Revenue Fund for
State Grants and appropriating $1 ,121 ,727 to the Public Works Water
Quality and Control Expense Fund for Water Capital Improvements.
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.
3. Approve a Funding Analysis with a total estimated construction
cost of $771,000.
23D CONTRACT AWARD FOR CATALINA STREET PUMP OWNERS
ASSOCIATION WATER SERVICE CONNECTION (PROJECT NO.
106403) PROPOSITION 84 GRANT -Public Works Agency
MOT/ON:
1. Approve an appropriation adjustment. (Requires five affirmative
vote)
APPROPRIATION ADJUSTMENT NO. 2012-95 -Accepting funds in
the amount of $441 ,651 into the Miscellaneous Revenue Fund for
State Grants and appropriating $441 ,651 to the Public Works Water
Quality and Control Expense Fund for Water Capital Improvements.
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.
CITY COUNCIL MINUTES 7 NOVEMBER 28, 2011
10A-7
3. Approve a Funding Analysis with a total estimated construction
cost of $245,200.
23E AGMT NO. 2011-250 - CONTRACT AMENDMENT WITH J & G
INDUSTRIES INC. FOR DEMOLITION SERVICES (PROJECT 116744)
GRANT FUNDED -Public Works Agency
MOT/ON: 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, a part of the
Bristol and Seventeenth Street Widening Project.
AGREEMENTS
MOT/ON: 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 25F)
25A AGMT NO. 2011-251 -ENVIRONMENTAL SERVICES FOR A NEW 24-
UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST
SANTA CLARA AVENUE -Execute an amendment with URS Corporation
in an amount not to exceed $23,235 -Planning and Building Agency
25B AGMT NO. 2011-252 - PROVIDE EVENT PRODUCTION SERVICES
FOR DOWNTOWN EVENTS -With MX Live for atwo-year period -Parks,
Recreation & Community Services Agency
25C AGMT NOS. 2011-253 AND 2011-254 - CATCH BASIN SCREEN
INSTALLATION PROJECTS - With United Stormwater, Inc. and West
Coast Storm, Inc., each in an amount not to exceed $110,000 - Public
Works Agency
25D AGMT NO. 2011-255 -PRELIMINARY ENGINEERING FOR THE SANTA
ANA- GARDEN GROVE FIXED GUIDEWAY PROJECT (PROJECT
092505)-Public Works Agency
1. Execute a cooperative agreement with the Orange County
Transportation Authority (OCTA), in an amount not to exceed
$5,541,700.
CITY COUNCIL MINUTES 8 NOVEMBER 28, 2011
1OA-8
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2012-93 - Correctly allocate
Federal Transit Administration (FTA) Section 5307 transit funds in the
amount of $4,433,360 budgeted in the Select Construction Revenue
Fund for Federal Grants-Direct to the Measure M Street Construction
Revenue Fund for Other Grants and the appropriation of the same
$4,433,360 from the Select Street Construction Expense Fund to the
OCTA Transitway Project - MOS3 Expense Fund.
25E AGMT NO. 2011-256 - POINT-TO-POINT HIGH-CAPACITY WIRELESS
MILLIMETER-BAND 80GHZ SYSTEM (UASI GRANT FUNDED) - With
Pacific Services, Inc., in an amount not to exceed $63,000 - Police
Department
25F AGMT NO. 2011-257 - PROVIDE AUTOMATED PARKING CITATION
PROCESSING SYSTEM - Execute a 3rd amendment with Phoenix Group
Information Systems, for a six-month extension in an amount not to
exceed $100,000.00 - Police Department, Public Works Agency, and
Community Development Agency
"END OF CONSENT CALENDAR"
WORK STUDY SESSION (TAKEN OUT OF ORDER)
WSA SR-55 IMPROVEMENT BETWEEN I-5 & 405 FWY - OCTA - Public
Works Agency
Raul Godinez II, Executive Director of Public Works introduced Arshad
Rashedi, OCTA Project Manager who made presentation.
- I-5 to I-405 Segment Area
CITY COUNCIL MINUTES
NOVEMBER 28, 2011
10A-9
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- SR-55 between I-5 and I-405 Overview
Borders Santa Ana, Irvine & Tustin
- Partnership with OCTA & Caltrans
- Funded by Renewed Measure M
- Existing conditions
- 4 general purpose lanes
- 1 high-occupancy vehicle lane
- 295,000 average daily vehicles
Key Project Goals
- Increase freeway capacity
- Reduce congestion
- Smooth traffic flow
- Deliver operational improvements between interchanges
- Proposed Alternatives
No-Build, Baseline
- Alternative 1
- Add merging (auxiliary) lanes between on- and off-ramps
- Alternative 2
- Add fifth general purpose lane in both directions
Alternative 3
- Combines alternatives 1 and 2
Alternative 4
- Includes alternative 1 and one additional HOV lane
- Baseline, Alt 1 & Alt 2 Schematics
- Alt 3, Alt 4 & Alt 5 Schematics
- Project Phases & Timeline
CITY COUNCIL MINUTES 10 NOVEMBER 28, 2011
10A-10
Environmental Clearance S. Spring 2074
'?, Project Approval
Design Complete d Winter 207 6
!Construction Begins Spring 207 8
Freeway Improvements Open Winter 2020
- Next Steps
- Notice of Initiation of Studies
- December 201 1
- Draft Environmental Document
- Public review period
- Host public meeting in Spring 2013
- Finalize Environmental Document
- Select Preferred Alternative
- Contact OCTA Public Outreach for information
'Mayor Pro Tem Alvarez left the meeting at 6:25 p.m. and returned at 6:35 p.m.
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008-
31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115
NORTH HARBOR BOULEVARD - Planning and Building Agency
MOT/ON: Adopt a resolution.
RESOLUTION NO. 2011-079 - 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
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (O)
ABSTAIN: None (O)
ABSENT: Alvarez (1)
CITY COUNCIL MINUTES 11 NOVEMBER 28, 20'1'1
10A-11
556 RESOLUTION AND AGREEMENT TO ESTABLISH A RETIREE HEALTH
SAVINGS PLAN ACCESSIBLE TO ALL BARGAINING GROUPS ON A
VOLUNTARY BASIS -Personnel Services Agency
MOT/ON:
1. Adopt a resolution.
RESOLUTION NO. 2011-080 - 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
2. Authorize the City Manager and the Clerk of the Council to
execute an agreement.
AGMT NO. 2011-258 -ESTABLISH AND ADMINISTER THE PLAN -
With ICMA-RC for a period of five years with provision for year-to-year
extensions, contingent upon Council approval, and to execute any
other documents required.
3. Appoint the Executive Director of Finance 8? 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.
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Tinajero
Benavides, Bustamante
Sarmiento, Tinajero (6)
None (O)
None (O)
Alvarez (1)
Martinez, Pulido,
CITY COUNCIL MINUTES 12 NOVEMBER 28. 2011
10A-12
55C MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING
PROGRAM -GRANT APPLICATIONS -Public Works Agency
MOT/ON:
1. Adopt a resolution.
RESOLUTION NO. 2011-081 - 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
2. Direct staff to amend the seven-year Capital Improvement
Program to incorporate the Comprehensive Transportation
Funding Program projects list.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez (1)
55D RESOLUTION PROPOSING AMENDMENT TO CLASSIFICATION AND
COMPENSATION PLAN TO ADD APART-TIME JOB TITLE -Personnel
Services Agency
MOT/ON: Adopt a resolution.
RESOLUTION NO. 2011-082 - 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.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (6)
NOES: None (0)
CITY COUNCIL MINUTES 13 NOVEMBER 28, 2011
1 0A-13
ABSTAIN: None (O)
ABSENT: Alvarez (1)
Mayor Pro Tem Alvarez returned to the meeting at 6:35 p.m.
55E RESOLUTION SUPPORTING THE MISSION OF THE "OCCUPY"
ORGANIZATION RELATING TO THE NATION'S ECONOMIC CRISIS -
City Manager's Office
Council discussion ensued.
Councilmember Sarmiento thanked representatives of Occupy movement
and staff for meeting held and comments made by many at the previous
City Council meeting; incorporated message into proposed resolution;
issues sound and supports resolution; requested that all congressional
representatives receive a copy of resolution to help with issues raised by
the movement; discussions may continue as issues raised are
complicated.
Councilmember Bustamante commented that issues not clear; agree on
first amendment rights and assembly but not infringe on others; concerned
with demonstrations at other cities; not support resolution.
Councilmember Benavides supports resolution and message of
movement.
Councilmember Tinajero commented on recent visit to Washington D.C.
where his son witnessed Occupy Washington movement and Yale
Movement; supports message.
Mayor Pro Tem Alvarez thanked Occupy Santa Ana movement for
peaceful gatherings.
Councilmember Martinez supports resolution; important for Nation to
address issues.
MOT/ON: Adopt a resolution.
RESOLUTION NO. 2011-083 - 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
CITY COUNCIL MINUTES 14 NOVEMBER 28, 2011
10A-14
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
90A
90B
SECOND: Martinez
Alvarez, Benavides,
Sarmiento, Tinajero (6)
Bustamante (1)
None (O)
None (O)
COMMENTS
CITY MANAGER'S COMMENTS -None
CITY COUNCILMEMBER COMMENTS
Martinez, Pulido,
Councilmember Tinajero:
• Encouraged residents to sign up for Little Leagues throughout the City;
Valley at John Adams Park is first to have Challenger League for
disabled children and free of charge.
Councilmember Benavides:
• Invited residents to attend his monthly Community Office Hours at
Southwest Senior Center at Jerome Park on Saturday, December 3`d
• Encouraged all to attend the monthly Artist Village Open House this
coming weekend; and
• Reported that the Los Angeles Times had article on efforts by the City
to require all employees to contribute more into their retirement;
thanked bargaining groups for negotiating in good faith.
Councilmember Martinez:
• Requested that the City Council meeting be adjourned in memory of
good friend Richard Dixon, a former Lake Forest City Councilmember
• Encouraged all to support Small Business Day; and
• Thanked all volunteers during Thanksgiving holiday that fed the poor
and reflected on need to be grateful all the time.
Councilmember Sarmiento:
• Asked that the Clerk of the Council clarify question posed by resident
at last Council meeting regarding City Council IPAD purchase and use
- Clerk of the Council Huizar noted that a cost benefit analysis was
done and found that full benefit would be realized in a 12-15 month
period.
CITY COUNCIL MINUTES 15 NOVEMBER 28, 2011
10A-15
Mayor Pro Tem Alvarez:
• Encouraged all to shop in Santa Ana during the Holidays; and
• Asked that an extra toy be purchased for the Toys for Tots program
and be dropped off at any of the Fire Stations throughout the City.
ADJOURNED - 6:58 P.M. -The next meeting of the City Council is scheduled for
Monday, December 5, 2011 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Adjourn in Memory of
Richard Dixon
CITY COUNCIL MINUTES 16 NOVEMBER 28, 2011
10A-16
CLERK OF COUNCIL USE ONLY:
APPOINTMENT OF MEMBER TO THE
SANTA ANA WORKFORCE INVESTMENT
BOARD
?? ????
CITY MANAGER
RECOMMENDED ACTION
APPROVED
? As Recommended
? As Amended
(] Ordinance on 'I'? Reading
(] Ordinance on 2"d Reading
? Implementing Resolution
(] Set Public Hearing For
CONTINUED TO
FILE NUMBER
Appoint Maritza Rodriquez Farr, Director of the Family Self Sufficiency Division, as the Social
Services representative on the Santa Ana Workforce Investment Board.
WORKFORCE INVESMENT BOARD RECOMMENDATION
At its regular meeting of November 18, 201 1 , by a vote of 18:0 (Beasley, Carter, de la Riva, de
Leon, Didion, Edmonds, Fischer, Gonzalez, Jimenez-Hami, Knitter, Korthuis, Lin, Tucker absent),
the Workforce Investment Board recommended that the City Council appoint Maritza Rodriquez
Farr, Director of the Family Self Sufficiency Division, as the Social Services representative on the
Santa Ana Workforce Investment Board.
DISCUSSION
On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana
Workforce Investment Board and appointed 35 members. In accordance with the federal
legislation, a majority of the Board members and the Board Chair must come from the private
sector. The remaining Board members represent education, non-profit organizations, one-stop
mandated partners and local labor organizations.
Earlier this year, the WIB received a resignation letter from Mr. Ben Blank who had filled the
Orange County Social Services Agency seat on the board. The Orange County Social Services
Agency has submitted a resume and nomination letter to appoint Ms. Maritza Rodriquez Farr to be
its representative on the WIB, noted as Exhibit 1.
13B-1
Appointment of Member
to the Santa Ana WIB
December 5, 2011
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Nancy T. E ards
Interim Exe tive Director
Community Development Agency
NTE/LO/kg
Exhibit: 1 . Nomination Letter and Resume
13 B-2
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October 18, 2011
County of OI•ange
SOCIAL S)CRVICLS AG)GNCY
888 N. MA1N STI2TET
SANTA ANA, CA 92701-3 5 1 8
(714) 541-7700
Lee McMurtray, Chair
Santa Ana Workforce Investment Board
1000 E. Santa Ana Blvd., Suite # 200
Santa Ana, CA 92701
Mr. McMurtray,
NIICHA EL L. RILF.l', PII.D.
DIREC7"OR
nu1cE RYAN
CHtEP DEPUTY DIItEC'1'OR
nnrcE RYAN
Ac rlNC DrvIS1oN DlRecroR
ACMINISTRATI\'E $I:It VICES
?VF.NDY AQUIN
DIVISION DuiECTOR
ADU L'r SEItYIC:6S
ASSISTANCE FROGR.\\IS
GARY TAYLOR
DIVISION DIR EG'1'OR
CH7l,DREN aCc FA bH1.Y SERVICES
MARIT"GA I20DRIGUEZ ['ARR
DIVISION DlIt P.C'1'OR
FA J71L\' SELF-SUFI'1 CIENCY
The County of Orange Social Services Agency (SSA) has a long and rewarding
partnership with the Santa Ana Workforce Investment Board (WIB). We are
committed to continuing and strengthening that partnership in the future. Due to
other commitment, Ben Blank resigned his position on the Board effective RAarch
31, 2011. It is with great pleasure that I nominate Maritza Rodriguez Farr, MPA,
Director of the Family Self-Sufficiency Division (FSS), as a Workforce Investment
Board member representing SSA.
Maritza Rodriguez Farr has been a County employee for over 30 years with
progressively responsible positions both within the County and Agency. Maritza
has experience in a diversified number of program areas. In addition, she has
an extensive background in human services contracts including Welfare To
Work. Maritza's resume is attached for your review.
Thank you for consideration of our nomination to represent SSA on the Santa
Ana Workforce Investment Board and we look forward to working closely with
you in the future.
Sincerely,
M? 1 L. ?F?L"iley, Ph.
Director
Attachment
EXH2B2T 1
13B-3
Maritza Rodriguez Farr
3oclal Services Agency
Director, Family Seif-Sufficiency
S88 North Maio Street
Santa Ana, CA 92701
714/341-7610
Education Master of Public Administration, CSULB
Bachelor of Arts, Social Welfare, CSULB
Bilingual Spanish
Professional
Experience 201 O -Present County of Orange, Social Services Agency
Director, Family Self-Sufficiency
Responsible for the Agency's Ca1WORKs Family Self-Sufficiency
program services for the County of Orange. Families and individuals in
need of financial aid, food stamps, Medi-cal, and other resources to be
fully employable and become self-sufficient come to the Agency to seek
out the services offered under Ca1WORKs and through other community
entities. Approximately 800 employees in this division have the mission
of ensuring the program meets the needs of the community.
2009 - 2010 County of Orange, Social Services Agency
Deputy Director, Admioistration/Operations Management and
Support Services
Responsible for the oversight of the following sections in SSA: Contract
Services staff who oversee the Agency's human services contracts;
Program Integrity; Strategic Planning and Public Relations; and
Research and Development. During this last year the staff was able to
identify critical workloads and implement processes that allowed the
Agency to meet its goals. We were able to present items to the Board of
Supervisors meeting timeframes. In addition, several major Request for
Proposals were completed by the deadlines that prevented any
disruptions to services. Each of the areas is unique and provides services
used by all Agency sections to meet day-to-day performance. I have been
able to provide the support and direction required to assist the Agency in
meeting its goal of serving OC residents.
2004 - 2009 County of Orange, Social Services Agency
Deputy Director, CFS (Administrative Services Manager IIn
Responsible for the following functions within the Children and Family
Services (CFS) Division of the Social Services Agency: Quality
Assurance, Operations 8c Support Services, Foster Care, Administrative
Support, Resource Development and Management, Foster Care
investigation 8c Monitoring, and Foster Care Licensing. Tn addition,
assist with the CFS CWS/CMS (the computer system used by all of
CFS). Each of these sections provide support to the CFS staff ensuring
13 B-4
delivery of services that meets Federal and State mandates and the
community's needs. Assignments within these sections range from
programmatic and fiscal oversight of CFS contracts, oversight of the
CFS allocations and expenditures, child death reviews, social work
client contact compliance, monitoring of group homes and foster family
agencies, investigations of quality of care and child abuse reports in
foster care, employee safety, custodian of records for CFS, and oversight
of CFS technology projects.
2000 - 2004 County of Orange, Social Services Agency
Contract Services Manager (Administrative Services Mgr. II/ML-7)
Responsible for the oversight of 20 staff, which included Sr. Staff
Analyst (Sr. Contract Administrators), Staff Analysts (Contract
Administrators), and other support staff. Contract Services was
responsible for fiscal management of over 300 contracts/agreements
totaling over $140 million. Areas of the Agency supported through
contracts included Family Self-Sufficiency, Children and Family
Services, Adult Services and Assistance Payments, and Families and
Communities Together (Family Resource Centers). implemented all
essential fiscal and service delivery tracking reports to ensure service
delivery met Federal and State regulations, and County Purchasing
guidelines. Created a team that was able to communicate effectively with
Board offices, county counsel, community based agencies, and SSA
directors.
1999-2000 County of Orange, Social Services Agency
SSA Program Manager II (MLr6)
Responsible for managing support staff in Children Rc Family Services in
the County Family Preservation Program, foster home recruitment and
retention, Foster Care Licensing, and Foster Family Agencies and Group
Home Monitoring and Investigation. These supportive services allowed
CFS to meet its service delivery goals and supported the foster parent
community.
1998-1999 County of Orange, Social Services Agency
Senior Contract Administrator (MI.-5)
Responsible for the supervision of a portion of the Contract Services
staff which handled Children 8c Family Services contracts, and
Employment and Ca1WORKs related contracts. Duties included
supervision, development and monitoring of the CFS contracts budget,
development of request for proposals (RFPs), proposal evaluation
panels, Agenda Item Transmittals for the Board, and review of contracts
and any related compliance requirements.
1994-1998 County of Orange, Social Services Agency
Contract Administrator (ML-4)
Managed the majority of CFS contracts and related RFPs, CFS contracts
budget, Memorandums of Understanding, Families First grant, and the
Oi?ice of Child Abuse and Prevention grant. Duties required working
closely with CFS program staff to ensure providers met service delivery
13 B-5
workload contract requirements.
1990-1994 County of Orange, EMA
Staff Ansiyst III (MI.-4)
Developed policies and procedures with staff and any other outside
impacted organizations. Tracked and coordinated the delivery of over $2
million in furniture. Assisted with space planning and made
recommendations on use of facilities. Worked with in-house staff and
State staff to create the first full service one stop permit center to
enhance customer service.
1990 County of Orange, Social Services Agency
EDP/SSIl2S (SS3S)
Provided Social Services Reporting System (SSRS) program support to
CFS Child Abuse Registry and Emergency Program staff (computer
system for CFS). Reviewed system technical documentation and
prepared procedures for data entry of child abuse reports, and developed
system recommendations for program management reports. Attended
meetings with county representatives in the State to ensure system
maintenance and development was consistent with our Agency needs.
1987-1990 County of Orange, Social Services Agency
Senior Social Services Supervisor/StafiDevelopment
Provided and coordinated training for management, supervisors and line
staff in Adult Services and CFS. Responsibilities included designing,
conducting and evaluating training. Assisted CFS program management
staff in the development of the SSRS training program; developed a
Juvenile Court Report training program for Senior Social Workers in
CFS that provided them with the tools needed to create quality court
reports; and attended the State Greater Avenues for independence
Training for Trainers and assisted in the development of the Agency
training program.
1983-1987 County of Orange, Social Services Agency
Seofor Social Services Supervisor
Supervised Senior Social Work staff in a Permanency Planning Unit.
Planned and directed the activities of the unit consistent with court
orders, State regulations, and County policies and procedures.
Participated in recruitment panels and selection of personnel, and
reviewed proposed policies and procedures and made recommendations
on the potential impact if implemented.
1979-1983 County of Orange, Social Services Agency
Senior Social Worker
Casa management of Juvenile Court dependents in out of home care or
under the Court's supervision with their parents. Prepared court reports
and maintained case documentation for each assigned case. Prepared the
first Agency handbook on the State Foster Care Information System used
by staff to enter data on all minors placed in foster care.
13B-6
1979 County of Orange, Public Defender
Interviewer
Reviewed police reports on misdemeanor and felony cases, prepared
written summazies For the public defenders that were informative and
concise for pre-trial hearings, and completed investigations upon request
on misdemeanor and felony cases.
1977-1979 County of Orange, Health Care Agency
Mental Health Worker
Conducted individual and group therapy sessions with adult clients,
maintained case documentation, and participated in case reviews.
Assisted the team psychiatrist during med clinics. Prepared training
materials for staff on case documentation, established program
evaluation criteria, and assisted with program monitoring activities.
1977 Hillhaven Skilled Nursing Facility
Social Work Internship
Conducted multidisciplinary patient care conferences to review patient
needs. Met with family members to discuss patient and family issues and
service needs. Provided group sessions for patients to enhance their
quality of life.
13 B-7
13B-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
_ ? ??
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
Q As Recommended
Q As Amended
? Ordinance on 1't Reading
Q Ordinance on 2"d Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from various City departments in
accordance with the retention schedule outlined in City Council Resolution 2006-045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for
the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth the retention period for
a particular record. The Municipal Code requires that the destruction of a City record be approved
by the City Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City
Attorney has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
19C-2
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Executive Assistant to the City Manager
Date: December 1, 2011
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006-045_
Thank you.
19C-3
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2011
RECORD RECORD RECORD EXPIRATION
CATEGORY SERIES DESCRIPTION DATES
Chronological Files Staff Memoranda and Correspondence December 1,
2009 and prior
Correspondence/ December 1,
Chronological Files
Councilmember
Self-explanatory 2009 and prior
Council Requests Mayor Inquiries processed for Mayor December 1,
2009 and prior
Wards 1 through 6 Inquiries processed for Councilmembers December 1,
2009 and prior
Correspondence General Correspondence Self-explanatory December 1,
2009 and prior
Staff Inquiries processed for Staff December 1,
2009 and prior
Monthly Status City Manager Self-explanatory December 1 ,
Reports 2009 and
prior
Payroll Records Council/Staff Self-explanatory December 1,
2009 and prior
December 1 ,
Travel Folders Council/Staff Self-explanatory 2009 and prior
APPROVE: CONSENT:
? ?? ?s-? ? ?? 2?
Paul M. Walters Date Joseph Straka D to
Interim City Manager Interim City A orney
-----------------------------------------------------------
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
AUDITED BY:
Mark Lawrence D
Assistant to the City Manager
19C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
REQUEST FOR PROPOSALS FOR
PROVIDING CARNIVALS AT CITY PARKS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
(] Ordinance on ?s` Reading
Q Ordinance on 2"d Reading
Q Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Parks, Recreation and Community Services Agency to issue a Request for
Proposals (RFP) to qualified companies to provide nine carnivals at City parks.
DISCUSSION
The Parks, Recreation and Community Services Agency strives to provide safe, clean, low cost
events for our community. Each year the Parks, Recreation and Community Services Agency
partners with carnival promoters to provide carnivals on City owned park property. The three-year
agreements with "O" Entertainment and Fiesta de Carnival have expired. The attached RFP will
solicit one or more carnival promoters to conduct nine carnivals on City owned property from
March through October for each of the next three years.
Promoters will be required to pay all City costs including Police and Fire costs, and an additional
fee to fully renovate the park turf to pre-carnival conditions. The total projected annual revenue of
$51 ,250 will be used to fund deferred maintenance throughout our park system. The
recommended vendor agreement(s) will be submitted for City Council approval after the review of
proposals has been completed sometime this winter.
FISCAL IMPACT
There is no fiscal impact associa d with this action.
_? ???
Gerardo Mouet
Executive Director
Parks, Rec_ and Com. Svcs. Agency
Exhibit 1: RFP Scope of Work
19D-1
19 D-2
REQUEST FOR PROPOSALS
RFP 11-068 PRCSA
FOR PROVDING CARNIVALS AT CITY OWNED PARKS
KEY RFP DATES:
Issue Date: December 7, 2011
Pre-proposal Conference: December 21, 2011
Proposal Due Date: January 11, 2012
Project Coordinator:
Silvia Cuevas
Management Analyst
19D-3
REQUEST FOR PROPOSAL
Notice is hereby given that sealed proposals will be received for NINE (9) CARNIVALS TO BE
PROVIDED AT SPECIFIED CITY OWNED PARKS per the attached specifications, at the Parks,
Recreation and Community Services Agency, Budget and Accounting Section, 26 Civic Center Plaza,
Santa Ana, California, 92701 until 5:00 P.M., WEDNESDAY, JANUARY 11, 2012. If further
information is needed, contact Silvia Cuevas, via email at Scuevasnsanta-ana.org, or phone at (714)
647-5254.
MAILED proposals should be addressed as follows:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M-75
P.O. Box 1988
Santa Ana, CA 92702
Attn: Silvia Cuevas
or delivery by hand or courier to:
Parks, Recreation and Community Services Agency
Budget and Accounting Section
26 Civic Center Plaza
Santa Ana, CA 92702
Attn: Silvia Cuevas
It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be
received by the Budget and Accounting Section prior to proposal due date and time. Late proposals
will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section
will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be
accepted.
If further information is needed regarding proposal submission, please contact Silvia Cuevas at
Scuevasna,santa-ana_ora or phone, (714) 647-5254.
2
19 D-4
I. GENERAL
A. RFP PROCESS AND GENERAL TERMS
1. PROPOSAL SUBMISSIONS
Proposals must be submitted to the Budget and Accounting Section in a sealed envelope
showing on the outside, the name of the bidder, RFP NO. 11-068 and the proposal due date and
time. All proposals must be signed by an authorized representative of the vendor.
2. PROPOSAL WITHDRAWAL
Proposals may be withdrawn by written request received before the hour set for the opening.
After that time, the vendor may not withdraw proposals for a period of ninety (90) days from
the date of the opening.
3. LATE PROPOSALS
It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time
to be received by the Budget and Accounting Section prior to the proposal due date and time.
Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for
proposals lost or delayed in the mail. Late proposals will be returned to the vendor
unopened.
4. REQUIRED DOCUMENTS
Vendor must return the following completed documents with their proposal:
• Detailed proposal of services in accordance with the specifications detailed in Section IV.
Proposal should take into consideration the evaluation criteria included in Section III and
should not to exceed 1 O pages.
• Signed proposal form (Section V);
• A letter or printout of vendor's safety related incidents from insurance company, current or
previous, spanning the past three (3) years (Section VI);
• Completed vendor's references sheet (Section VI);
• A resume or summary detailing vendor's qualifications, accomplishments, and membership
in any professional and/or industry organizations;
• A representative sample of photos of vendor's past events and/or vendor's equipment;
• A list of ride equipment owned, used and/or operated in vendors events, with description
and age of all rides;
• Completed Proposal Summary and Deviations from Specifications (Section VII)
• Any other information the vendor may choose to submit.
• Attachments A, B, and C are for reference only, but will be required after the contract is
awarded to the successful vendor.
Vendor must submit one original and eight photocopies of their proposal.
RIGHTS RESERVED
The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any
informality or technical defect in a proposal.
3
19 D-5
6. AGREEMENT
Successful vendor(s? will be required to enter into an Agreement with the City of Santa Ana.
The City reserves the right to enter into an agreement with said Agreement with anv, all, or
none of the vendors for cone-year period, with the option of extending the Agreement for two
additional one-year terms.
7. SELL OR ASSIGN
The successful vendor shall not have the right to sell, assign, or transfer any obligations
resulting from this proposal without the specific written consent of the City.
8. RECEIVING TIME
The receiving time in the Budget and Accounting Section will be the governing time for
acceptability of proposals. Faxed or electronic proposals will not be accepted.
9. COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto. Vendor
further agrees that the services proposed comply with all applicable Federal and State
Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify
and hold the City harmless for any failure to so conform.
10. REFERENCE TO SUCCESSFUL VENDOR
The terms vendor, supplier, proposer, or contractor may be used interchangeably in these
specifications and shall refer exclusively to the vendor(s) with whom the City enters into
contract as a result of this request for proposal.
1 1. INQUIRIES
Refer inquiries in writing via email to Silvia Cuevas at Scuevas(a7santa-ana.ore.
12. RIGHTS RESERVED
The City reserves the right to contract with any, all, or none of the carnival vendors who submit
proposals.
13. E-MAIL COMMUNICATIONS
To facilitate the RFP process, vendors are required to monitor and respond to a-mail requests
on a daily basis.
14. PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held on Wednesday, December 21 at 9:00 a.m. at the
Central Library in the 2na Floor Meeting Room A, Santa Ana, CA. Please RSVP to Silvia
Cuevas, (714) 647-5254, by Monday, December 19, 2011. Proposers are strongly
encouraged to attend.
4
19D-6
II. SCOPE
The City of Santa Ana is requesting proposals from carnival promoters to conduct nine (9)
carnivals on City-owned park property during the period of March through October 2009 as
specified in the table below. A map of each park with the general event area highlighted is
attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment
will be identified at the pre-event meeting.
Park Site Venue/License Fee Maximum Size/Scale of Event
1 Jerome Park Large/$8,250 Up to 16 carnival rides, 12 game booths, 20 food
March 9-11 or information booths*. No live entertainment.
Fri-Sun
2 Cesar Chavez/ Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food
Campesino or information booths*. No live entertainment.
April 6-8
Fri-Sun
3 Madison Park Large/$8,750 Up to 12 carnival rides, 12 game booths, 20 food
May 25-28 Memorial Day or information booths*. No live entertainment.
Fri-Mon Weekend
4 Rosita Park Large/$4,500 Up to 16 carnival rides, 12 game booths, 20 food
June 8-10 or information booths*. No live entertainment.
Fri-Sun
5 Jerome Park Large/$7,000 Up to 16 carnival rides, 12 game booths, 20 food
August 10-12 or information booths*. No live entertainment.
Fri-Sun
6 El Salvador Park Small/$2,250 Up to 15 carnival rides, 12 game booths, 20 food
TBD or information booths*. No live entertainment.
7 Madison Park Large/$7,000 Up to 12 carnival rides, 12 game booths, 20 food
Aug 31 -Sept 3 Labor Day Weekend or information booths*. No live entertainment.
Fri-Mon
8 Cesar Chavez/ Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food
Campesino or information booths*. No live entertainment.
October 12-14
Fri-Sun
9 Delhi Small/$4,500 Up to 14 carnival rides, 12 game booths, 20 food
October 19-21 or information booths*. No live entertainment.
Fri-Sun
*Note: One booth is equal to one 10x10 canopy area. A maximum of six 10 x 10 cooking booths will
be allowed (or three 10 x 20). The remainder can be non-profit, commercial or sponsorship booths.
Please include in your plot plan what goods and services each of these booths will offer and the
dimension of each booth. The City must approve all goods and services sold at commercial booths.
Massage booths are not allowed.
5
19 D-7
III. EVALUATION OF PROPOSALS
Vendors will be evaluated based on the following evaluation criteria and their ability to conduct
successful carnival events. A committee of City staff representing various departments will evaluate
all proposals based on the following criteria and provide a recommendation to the agency.
Equipment. Capability, and Functionality of Vendor 20%
1. Equipment and related safety specifications of equipment to be used.
2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to
event participants or the general public.
3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications.
Level of Service and Support 20%
1 . Responsiveness and thoroughness of proposal.
2. Ability to accommodate proposed carnival dates and locations.
Experience of Firm and Personnel 20%
1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications
of those individuals.
2. Experience and technical expertise of personnel, including operators, with implementing
carnivals and special events in other cities.
Past Performances 40%
1. Past record of performance on contracts with other cities, governmental agencies or public
bodies, including such factors as reliability, park damage prevention and compliance with
contract terms and conditions.
2. The vendor's capacity to perform the work within time specifications.
3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's
record of carnival related incidents from vendor's insurance company.
FOLLOW-UP OF EVALUATION PROCESS BY VENDOR
Vendors may follow up on the evaluation of the proposals by contacting Silvia Cuevas, via email at
Scuevas@santa-ana.org or by phone at (714) 647-5254.
IV. SPECIFICATIONS
Vendor must submit a detailed proposal of the services offered in response to specifications below.
Proposal must include a detailed response that addresses the specifications and should not to exceed 10
pages. Vendor must also return all requested documents with their proposal as specified in Section
I.A.4. of this document. Applicants are asked to use 12 point Times New Roman font.
6
19D-8
A. VENDOR'S RESPONSIBILITIES
PROOF OF INSURANCE - Upon selection, vendor must be able to provide proof of
$1,000,000 general liability insurance for each event a minimum of ten (1 O) business days
before the event. The insurance certificate must name the "City of Santa Ana, its Officers,
Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a
thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's
coverage will apply on a primary /non-contributory basis to the additional insured; and 3) the
insurance will contain a separation of insureds clause. If the certificate of insurance is in the
name of the carnival operator it shall include the carnival promoter as additionally insured.
2. REQUIRED CLEANUP/DAMAGE DEPOSIT -Upon selection, vendor must provide a $5,000
refundable damage/clean-up deposit to the City of Santa Ana, Parks, Recreation and
Community Services Agency a minimum of ten (1 O) business days before the start date of the
event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of
the park, unforeseen security or staff costs, or any other charges caused by the event. Any
remaining monies from the deposit will be refunded to vendor at the conclusion of the carnival
season. Should costs incurred by the vendor (as stated above) be greater than the total deposit,
the vendor will be invoiced for the balance due. The vendor will be required to submit the
balance due 10 days prior to conducting another event. The deposit balance shall remain at
$5,000 during the term of the agreement.
The vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding
balances and fees a minimum of ten (1 O) business days prior to the start of the event will result
in a penalty of $500 per day penalty. The vendor will not be allowed to start an event if there is
an unpaid balance due.
CLEANUP DURING AND AFTER THE EVENT -The vendor agrees that they have full
responsibility for continuously cleaning the park by removing all trash and debris on the
ground, removing trash from the park receptacles and replacing liners and cleaning/sanitizing
restrooms from the time the first vendor employee arrives at the park site for set up until the last
vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup
of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash
pick-up in the parking lots and surrounding neighborhood after each day at vendor's expense.
Persons performing clean-up shall be employees or subcontractors of the vendor. Failure to
provide continuous clean-up will result in dispatching City staff to perform this work at the
vendor's expense or the City hiring a private contractor to perform the work at vendor's
expense plus a $500 penalty for each day the vendor fails to perform this responsibility.
4. STREET SWEEPING If street sweeping is necessary due to trash left from pedestrian and
vehicular traffic and the vendor fails to perform as required in Section IV.A.3. of this
document, the City will arrange for the parking lots and major streets surrounding the park to be
swept on the day following the last day of the event at vendor's expense. Furthermore, the
vendor agrees to pay a $500 penalty for failure to perform this responsibility.
7
19D-9
5. DUMPSTERS -Vendor is responsible for providing the appropriate number of 40 yard roll-off
dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00
p.m. of the second day following the conclusion of the event. Vendor agrees to pay a penalty
of $500 per day that the dumpsters are not provided and removed as indicated.
6. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS -Vendor must provide a plot plan
utilizing the land use certificate format for the overall equipment set up by a minimum of ten
(10) business days before the event. The plot plan must include entrances, exits, all necessary
barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor
shall indicate number and name of rides on the plot plan, and the name and number of other
types of carnival units such as repair and supply units they would like to have on the park. This
plot plan is required by the Police Department, the Fire Department, the Planning and Building
Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the
Orange County Health Department. Vendor must walk the plot plan through the City Planning
and Building Agency-Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further
information on the plan check process, please contact the Santa Ana Police Department at (714)
245-8718 or (714) 245-2709. Copy of approved plot plan must be provided to the Santa Ana
Police Department and to the Parks, Recreation and Community Services Agency. Vendor
agrees to pay a $500 penalty per day for each day late in providing the plot plan.
7. CARNIVAL LICENSE FEE- Vendor understands and agrees to pay the required carnival
license fee for each event. Checks shall be made payable to "The City of Santa Ana". The
license fee is $5,000 for carnivals conducted at El Salvador and Campesino/Cesar Chavez
parks, and $8,750 for carnivals conducted at Jerome, Centennial, Rosita, and Madison parks.
8. FIRE AND ELECTRICAL INSPECTION -Ten (10) business days prior to the event, the
vendor must schedule appointments with the Santa Ana Fire Department and the Santa Ana
Planning and Building Agency for an electrical inspection of all generators, carnival equipment,
and booths to be used at the carnival. Vendor agrees to pay a $500 penalty per day for each day
late in scheduling appointments as indicated.
No more than six (6) 10 x 10 cooking booths will be allowed (or three 10 x 20). Actual event
rules and regulations will be provided to the vendor at plan check and copies shall be provided
to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to
park electrical outlets will not be permitted. Vendor agrees to pay a $500 penalty per day for
each violation.
9. O.C. HEALTH DEPARTMENT REQUIREMENTS Vendor must obtain food permits and
food booth inspections from the Orange County Health Department a minimum of ten (10)
business days before the event. Any booths or vendors not receiving prior approval from the
Orange County Health Department will not be allowed to operate. Food booths are only
allowed to operate for the duration of the event during event hours only. To obtain food
permits and schedule booth inspections, vendor must contact the Orange County Health
Department at (714) 667-3610. Vendor agrees to pay a $500 penalty per day for each day late
in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a
$500 penalty per day for each food booth discovered operating without prior approval of the
8
19D-10
O.C. Heath Department.
Parks and Recreation will provide two (2) potable water hookups during the entire event.
These water hookups are to be used ONLY for sanitation purposes in compliance with the
Orange County Department of Health regulations, and are not for camping or refreshment
preparation use. Vendor agrees to pay a $500 penalty per day for each violation.
10. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS
(BUSINESSES AND/OR NON-PROFIT ORGANIZATIONS) - Carnival promoter is
responsible for supplying the Business License Office with a list of pre-approved potential
vendors before sending vendors to the Business License Office, in order to avoid unapproved
vendors from vending during the event, or carnival promoter can collect all the necessary
information and fees from the vendors and submit the entire packet to the Business License
Office a minimum of five (5) days prior to the commencement of the event. Vendor agrees to
pay a $500 penalty per day for each day late in submitting/paying the packet to the Business
License Office.
All vendors, business or non-profit organizations (selling or information only), which vend on
City Property are required to possess a City of Santa Ana Business License. Businesses who do
not have a current City of Santa Ana Business License can obtain aOne-Day Peddler/Solicitor
license. Non-Profit Organizations are required to obtain a Fee-Exempt status through the
Business Tax Office. This is a once a year registration fee. For more information the Business
Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic
Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a $500 penalty per day
for each booth operating without a City Business License.
11. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS -Vendor shall send a letter to the
neighborhood associations adjacent to the park where the carnival is to be conducted informing
them of the event and to gain their organization's support for the planned activity at the park
during the scheduled times and dates, a minimum of ten (10) business days before the event.
The Community Development Agency will provide contact information to the vendor for a
particular neighborhood upon request. Vendor must submit copy of signed letter, on the
organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and
Community Services Agency a minimum of ten (10) business days before the event. The
Community Development Agency can be contacted by calling (714) 647-5360. Vendor agrees
to pay a $500 penalty for each violation of this section.
12. CONTACT WITH NEIGHBORHOOD RESIDENTS - At least 72 hours prior to each carnival
event, vendors must post a sign or send flyers to the neighborhood surrounding the park
informing them that the event will take place. Signs or flyers must be in English and Spanish.
Vendor agrees to pay a $500 penalty for each violation of this section.
13. CONTACT WITH BUSINESS ORGANIZATIONS -Vendor must send a letter a minimum of
ten (10) business days before the event to each business owner within a quarter mile radius of
the carnival site, notifying them of the dates and times of the event, and what precautions
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should be taken to prevent program participants from parking in the surrounding business
parking lots. Vendor agrees to pay a $500 penalty for each violation of this section.
14. REQUIRED EVENT PERSONNEL - A minimum number of uniformed, state licensed
security personnel contracted through a private bonded security company will be required each
day of the event. Vendor must provide the designated amount of soft security as specified by
the Santa Ana Police Department prior to or on the date of the pre-event meeting. The Santa
Ana Police Department may modify the number of security required as it sees fit, due to
specifications in the scale and activities to be held at the event, and/or recent activity in the park
and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of
the event each day and must stay a minimum of one (1) hour after the completion of the event
each day or until the park is clear, to help prevent any possible disruptions.
All security officers must carry two-way radio equipment to enable them to communicate with
all other security personnel. All security personnel must wear highly visible attire (security
vest, jacket) identifying them as security officers. None of the security company personnel may
be armed. A copy of the signed agreement with the security company must be provided a
minimum of ten (10) business days prior to the event. Vendor agrees to pay a $500 penalty per
day for each violation of this section. Furthermore, if it is discovered that the security
deployment is less than the City's mandated level of security the City may elect to dispatch, at
the vendor's expense SAPD and/or Park Ranger's to bring the security levels up to the agreed
upon level.
15. REQUIRED LICENSE FOR SOFT SECURITY -The soft security organization must obtain
clearance from the City of Santa Ana Police Department. Arrangements for clearance to be
obtained can be made by calling (714) 245-8718 or (714) 245-2709. Vendor agrees to pay a
$500 penalty for failure to perform this responsibility.
16. POLICE DEPARTMENT REQUIREMENTS -The security company to be used by the vendor
must be pre-approved by the Santa Ana Police Department. Vendor must provide the Police
Department with the names of the contact persons representing the carnival vendor and
contracted security company. At least one of those security company contacts must have access
to a cell phone to be used in case the Santa Ana Police Department needs to be called for
assistance. The promoter will be required to turn in a completed Land Use Certificate form,
site plan and Security Guard contract to the Police Department. The security Guard contract
shall include the following supplemental information:
• The Security Officer in charge, name and cell number
• A list of names, guard card numbers and copy of guard cards of the security officers
assigned to the event.
Guards will be required to produce their guard card on demand during the event if requested by
the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be
immediately replaced by the contracted guard company with an officer who has a guard card.
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Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at
all carnivals during agreed upon hours of event operation. If the number of officers required
exceeds two officers, vendor shall not be responsible for the payment of costs for more than
four officers. Vendor will also provide the Police Department with a booth at these events.
The Police Department will coordinate necessary police assistance for the event at vendors'
expense.
17. ADDITIONAL POLICE/FIRE/PARK PERSONNEL - Vendor agrees that if a disturbance
occurs due to the operations of the carnival and additional Police, Fire or Parks personnel
assistance is required, vendor will pay those additional expenses.
18. PRE-EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL - Vendor
must arrange to meet with the Park Supervisor by calling (714) 448-9127, to schedule a walk
through the park before and after the event. The pre-inspection and post-inspection meetings
will determine the condition of the sites before and after the event. Apre-inspection meeting
must occur on the Wednesday prior to the carnival event. Vendor must bring the proposed plot
plan to this meeting. Vendor shall not set up until pre-inspection has been completed. Set up
prior to event date and/or before the pre-inspection meeting will result in a fine of $1,000 per
day and may lead to a suspension of future events.
A post-inspection meeting shall be completed on the second day following the carnival activity
at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department
and the Parks, Recreation and Community Services Agency. Failure to do so will result in a
fine of $1,000 per day and may lead to a suspension of future events.
The vendor understands and agrees that the Park Supervisor shall be the final authority
regarding interpretations of the sites existing conditions both before and after the event.
Failure by the vendor to set and attend these meetings will result in the Park Supervisor
performing the walk through of the park site without the vendor and all conditions recorded by
the Park Supervisor shall be deemed as accurate and final.
19. PROTECTION OF FIELD AND TURF -Vendor shall be responsible for placing the carnival
equipment in away as not to cause damage to the park turf or irrigation system (sprinkler
heads, etc). Such precautions may include painting around or covering the sprinkler heads with
a "metal disk", or whatever efforts are necessary to protect the irrigation equipment at vendor's
expense. Funds to repair damages incurred to the turf or irrigation equipment due to the
carnival event will be deducted from the security deposit. In the event that the cost of damages
exceeds the deposit amount, vendor must pay the balance within ten (1 O) days of the conclusion
of the event. All concerns must be resolved prior to continuing with future events. Failure to
do so may result in the suspension and or voiding of contract with carnival promoter.
20. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved
into the park prior to the completion of the pre-event inspection meeting and/or 9:00 am on the
Wednesday before a carnival event is to be held. All equipment must be removed no later than
2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in
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writing by the Park, Recreation and Community Services Agency. There will be a $1,000 fee
per day for equipment arriving earlier or left in the park later than the above stated times.
21. CARNIVAL HOURS -The carnival may not operate earlier than noon each day and no later
than 1 1:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m.
on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and
10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the
scheduled carnival closing time. Vendor agrees to pay a $500 penalty per day for each
violation of this section.
22. PORTABLE RESTROOMS -Vendor shall provide a minimum of seven (7) portable toilets,
with one of those toilets designed specifically for disabled persons. The toilets shall be placed
no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the
Monday following the conclusion of the event. Two (2) of the portable toilets must be
delivered by the Tuesday prior to the event for use by Carnival workers during event set up.
Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the
portable restroom company) a minimum of once per day or twice per day for capacity crowds.
23. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES -
Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the
proposed events, nor shall there be any inflatables, balloons, or banners advertising beer,
alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a $500 penalty per
day for each violation of this section.
24. NATURE OF CARNIVAL GAMES AND/OR ACTIVITIES -Vendor understands and agrees
that no games or activities involving the shooting of a gun or weapon, simulated or real, shall
be used in any of the entertainment, including game booths, with the exception of water guns
that are clearly recognizable as such. Vendor also understands and agrees that any gambling
games or games of chance shall be subject to review and removal by the Santa Ana Police
Department, who will ensure that they are fair and legal in nature, and in compliance with any
applicable statutes. A determination by the Santa Ana Police Department that any particular
game is in violation of any statute shall result in the removal of the game. Any City decision to
remove a game will be final.
25. SIZE OF CARNIVAL RIDES -Vendors must bring a list and photos of their proposed rides to
the pre-event meetings. The carnival ride list must be pre-approved by the Park Superintendent.
In addition to minimizing the damage to park property, the City desires a balance between the
number of small, medium and spectacular rides in order to maintain a family and community
environment at these events. Although vendors will be encouraged to provide only small and
medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park
Superintendent must approve the final ride list at, or any time before, the pre-event meeting.
26. EVENT STAFF, OFFICE AND SECURITY PARKING -Vendor understands and agrees that
there shall be no overnight camping or privately owned vehicles for the purpose of overnight
camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping
accommodations, motorcycles, etc.) must be parked outside of the park before, during and after
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carnival operation hours. The Park Superintendent will identify authorized parking areas at the
pre-event meeting. The Vendor is permitted one vehicle within the park site for security
personnel and one vehicle for office purposes. Vendor agrees to pay a $500 penalty per day for
each violation of this section.
27. DELIVERIES OF SUPPLIES TO VENDORS -The Vendor shall be responsible for making
certain the booth vendors are well stocked. Once the event is underway, all deliveries of food,
drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles
to the booth sites. No trucks or automobiles will be allowed in the program area during
programming hours. Loading and unloading of vendors equipment should be done prior to and
after the event.
28. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT -
Vendor shall provide personnel to assist in placing and collecting the traffic barricades and
equipment, under the supervision of the Police Department, before and after each day's event.
Failure by the vendor to place and/or collect traffic barricades and/or equipment will result in
City staff or a separate contractor completing this work at the vendor's expense.
29. RENTAL OF TRAFFIC CONTROL EQUIPMENT -Vendor shall be required to pay for the
rental of specific traffic control equipment, as required by the Police Department.
30. PERSONNEL PARKING -Vendors shall instruct all personnel to park in areas indicated on the
approved plot plan. Vendor personnel who fail to park vehicles in pre-approved designated
areas may be subject to citation and/or towing at the vehicle owner's expense.
31. EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs
before the start of the event in both English and Spanish stating "No Event Parking" at the
entrances to the local neighborhoods and businesses during the full duration of the carnival.
Vendor shall ensure that these signs remain in place through the duration of the event. Vendor
agrees to pay a $500 penalty for each violation of this section.
32. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD -Vendor must provide soft security
personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances
in close proximity to the park. A minimum of two (2) persons, plus necessary directional
signage, shall be stationed at each of the housing tract entrances during all event program hours
in order to deter event participants from parking in the residential areas adjacent to the event.
Vendor agrees to pay a $500 penalty per day for each violation of this section.
33. POLICE DEPARMENT REQUIREMENTS -Santa Ana Police Department officers will be
required during event hours to enhance the security of the event. The number of officers
needed will be based on factors such as the size of the event, expected attendance, and recent
area activity. Vendor will be informed of the number of additional officers needed at the pre-
event meeting described in Item IV.A.18. The Police Department will arrange the necessary
police staffing for the event. The vendor is responsible for all Santa Ana Police Department
regular and overtime costs for the event. In the event that the event is rained out or otherwise
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cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over-time
costs.
34. LIGHTING -Where applicable, the City will turn on ball field and safety lighting to help light
the carnival. Vendor is responsible for providing all other lighting to ensure that all areas of the
carnival are adequately lit throughout the duration of the event. Vendor agrees to pay a $500
penalty per day for each violation of this section.
35. NEIGHBOI2_HOOD BOOTHS -Vendor agrees to provide the local neighborhood associations
with a booth for marketing and fundraising. This booth will be in addition to the 20 booths
described in Section II. No sales are allowed at these booths. Booth shall include a 10x10
canopy, 6 foot table, two chairs and adequate lighting.
36. ANIMALS - No petting zoos, pony rides, or any other animals are allowed at the carnival.
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V. PROPOSAL FORM
Responses to this Request for Proposal are due at 5:00 p.m. WEDNESDAY, JANUARY 11, 2012.
The undersigned Vendor agrees to provide carnival services at City-owned parks in accordance with
the specifications. I/We have stated herein the services and fees that I/we will furnish and deliver as
specified.
Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy
between words and figures, WORDS SHALL GOVERN.
The City of Santa Ana reserves the right to cancel any agreement in the event that terms under
which carnival vendor is contracted are violated.
Name of Vendor
(Person, Firm, Corp.)
Address
Address
Telephone Number
Signature of Authorized Rep.
Name and Title (Please Print)
Date
Fax Number
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19D-17
VL VENDOR'S REFERENCES
This sheet must be completed in full and returned with vendor's proposal.
List and describe fully the last three contracts performed by your firm, which demonstrate your ability
to provide carnival service in accordance with the specifications in Section III. Attach additional pages
if necessary. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who
have provided your business with insurance over the last three (3) years, detailing any claims that have
been filed in connection with vendor's carnival operations.
Reference No. 1
Customer Name: Contact Individual:
Address:
Contract Amount: Year:
Description of equipment and services provided:
Customer Name:
Address:
Phone Number:
Reference No. 2
Contact Individual:
Phone Number:
Contract Amount: Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount: Year:
Description of equipment and services provided:
Reference No. 3
Contact Individual:
Phone Number:
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VII. Proposal Summary and Deviations from Specifications
Please check the first column for each event that you are available to conduct. For each event, please
list the carnival operator you are proposing to use and any deviations from specifications. If necessary,
please include additional pages. Vendors will not be allowed to change carnival operators once the
proposal has been submitted without approval of City.
Intent to Park Site Proposed Other Deviations from Specifications
Provide Carnival Please cite item number and summarize how
?Y?) Operator specification deviates
1 Jerome Park
March 9-11
Fri-Sun
2 Cesar Chavez/
Campesino
April 6-8
Fri-Sun
3 Madison Park
May 25-28
Fri-Mon
4 Rosita Park
June 8-10
Fri-Sun
5 Jerome Park
August 10-12
Fri-Sun
6 El Salvador Park
TBD
7 Madison Park
Aug 31 -Sept 3
Fri-Mon
8 Cesar Chavez/
Campesino
October 12-14
Fri-Sun
9 Delhi
October 19-21
Fri-Sun
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ATTACHMENT "A"
CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does
not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is
in compliance with all federal, state and local directives and executive orders regarding non-
discrimination in employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for
minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees, outside
recruiting services, especially those servicing minority communities, and to the minority
communities at large.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
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ATTACHMENT "B"
SAMPLE ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1 . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701 ; its officers,
employees, agents and representatives are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on behalf of
the name insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or
organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30? days written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
the endorsement form as part of
Name Insured
Countersigned by
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ATTACHMENT "C"
NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS
THIS AGREEMENT, made and entered into this day of , 201 1 by
(hereinafter "Operator"), 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
On December 7, 2011, the City issued a Request For Proposals for carnival operators to provide carnivals
at specified City owned parks.
Operator submitted a proposal to provide carnival services
Operator represents that Operator is able and willing to provide carnival services as specified in the
Request for Proposals to the City.
In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field
and that any services performed by Operator under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional carnival operator in the field.
NOW THEREFORE, in consideration of the mutual and respective promises set forth herein,
and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. PREMISES AND USE
(A) The City of Santa Ana owns the following community park ("Park") within its boundaries:
located at., Santa Ana. City hereby grants to the Operator anon-exclusive, revocable user agreement to
encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the
rendering of the Park attached hereto Exhibit "", for the purpose of providing a carnival ("Carnival
Event") and for no other purpose. Operator shall provide during the term of this Agreement on
dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set
forth in Section 3 hereof.
(B) The right and permission of Operator is subordinate to the prior and paramount right of the
City to use the City owned Parks described herein above in their entirety for public purposes to which
they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival
Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of
the Parks by the City, its residents and guests.
(C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never
to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival
Areas within the Parks shall be limited solely to the permission for such use and occupancy granted
herein.
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(D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the
terms, conditions and responsibilities enumerated in the Request For Proposals, RFP ,issue date
(hereinafter "RFP") attached hereto as Exhibit "" and incorporated herein by reference. Any failure to
adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for
Proposal, RFP shall be deemed a breach of this Agreement and of the RFP.
(E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should
not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its
discretion may grant Operator alternative dates for the conducting of the Carnival Event within the
term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph,
Operator must timely request the same from City.
2. SCOPE OF SERVICES
Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event
complete with the rides, equipment and services as set forth in the RFP (Exhibit) to this Agreement.
3. FEES/DEPOSITS/PERMITS/LICENSES
At least 1 O days prior to the commencement date of the Carnival Event as set forth below,
Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below.
Operator agrees to pay the City and City agrees to accept from Operator the following fees per
Carnival Event.
Park/ Carnival Dates I Fee
In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including
the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in
the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The
vendor agrees that failure to pay the cleanup/damage deposit and/or any other outstanding balances and
fees a minimum often (1 O) days prior to the start of the event will result in a penalty of $500 per day .
The vendor will not be allowed to start an event if there is any unpaid balance due.
4. SECURITY DEPOSIT
Contemporaneously with the execution of this Agreement, Operator shall deposit with City the
additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability
for interest, as security for the faithful performance by Operator of all the terms, covenants, and
conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement,
or any extension thereof, and including the removal of Operator's facilities as set forth herein.
Assuming successful completion of all terms and conditions of this Agreement, including those within
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19D-23
the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival
event provided for herein.
5. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2012 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be
extended for an additional 1 year term at the City's sole discretion through a writing executed by the
Executive Director of the Parks Recreations and Community Services Agency and the City Attorney.
6. NON-POSSESSORY INTEREST
City retains full possession of the Park and Carnival Area and Operator will not acquire any
interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by
the exercise of the permission given herein. Operator will make no claim to any such interest. Any
violation of this provision will immediately void and terminate this Agreement.
7. NON RECORDING
Neither party shall record this Agreement
8. RECORD KEEPING AND AUDIT
A. Operator shall establish and maintain separate accounting records for each Carnival
Event at the specified Parks. Operator's accounting system shall conform to generally accepted
accounting principles and all records shall provide a breakdown of total costs and revenues associated
with the Park Carnival Events.
B. All Operator's records of revenues and repairs pertaining to the Carnival Events
referenced herein shall be kept for the duration of this Agreement and made available at all times for
audit by City upon request
9. INDEPENDENT CONTRACTOR
Operator 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 Operator performs the services which are
the subject matter of this Agreement; however, the services to be provided by Operator shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Operator 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.
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19D-24
10. INSURANCE
Prior to undertaking performance of any work relative to a Carnival Event under this
Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
A. Commercial General Liability Insurance. Operator shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as additional
insureds) and shall include, but not be limited to protection against claims arising from bodily and
personal injury, including death resulting there from and damage to property, resulting from any act or
occurrence arising out of Operator'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 there
from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply
City with a fully executed additional insured endorsement in substantially the form attached as Exhibit
B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the
City Attorney.
B. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $2,000,000.00 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, Operator, if Operator 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, Operator agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000.00 per accident.
D. If Operator is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$ I ,000,000.00 per claim.
E. The following requirements apply to the insurance to be provided by Operator
pursuant to this section:
i_ Operator 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; and shall state as follows:
"The above detailed coverage is not subject to any deductible or
se f insured retention, or any other form o_ f'similar type Limitation. "
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19D-25
iv. A complete and signed certificate of insurance with all endorsements required by
this Section shall be filed with City prior to the execution of this Agreement. At least thirty
(30) days prior to the expiration of any such policy, a signed and complete certification of
insurance showing that coverage has been renewed, shall be filed with the City.
F. If Operator 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.
Operator agrees to indemnify the City for any work performed prior to approval of insurance by the
City.
11. INDEMNIFICATION
Operator agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
health, and claims for property damage, which may arise from the direct or indirect operations of the
Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in Sections 1, 2 and 3 ofthis Agreement; and (2) from any claim
that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by
reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for
special counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or effects arising
from this Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expenses, costs (including
without limitation costs and fees of litigation of any nature) arising out of or in connection with
Operator's performance ofthis Agreement or any failure to comply with any of Operator's obligations
contained in this Agreement by Operator, its officers, agents or employees.
12. TRASH/UTILITIES/CLEANUP
Operator is responsible for the collection and disposal of all trash as specified in the RFP
(Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is responsible
for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant
to this agreement as set forth in paragraphs A2 - A4 of the RFP. The area to be cleaned includes the
parking lots and the surrounding neighborhood and streets. Further, with the exception of the City
supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is
24
19D-26
responsible for supplying all utilities to be used during the Carnival Events, including supplying the
required portable toilets as specified in the RFP.
13. HAZARDOUS MATERIALS
Operator represents and warrants that its use of the Carnival Area herein will not generate any
hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to
or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up
and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City
harmless from and indemnify City against any release of any such hazardous substance and any
damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and
penalties incurred as a result thereof except any release caused by the negligence of City, its employees
or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or
radioactive substance, or other similar term by any federal, state or local environmental law, regulation
or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be
amended from time to time; and it shall be interpreted to include, but not be limited to, any substance
which after release into the environment will or may reasonably be anticipated to cause sickness, death
or disease.
14. WASTE OR NUISANCE
Operator shall not commit or permit the commission by others of any waste on the Park or
Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any
nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or
Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any
unlawful purpose.
15. PUBLIC NECESSITY
City may immediately temporarily suspend operation of this Agreement and the Carnival Event
in the event of public necessity or emergency, as may be determined by the City Manager. Such
suspension will terminate when the public necessity or emergency no longer exists.
//
16. ON-SITE OFFICE
One (1) trailer-type vehicle will be allowed to park in the Carnival Area, in a location pre-
determined by the Park Superintendent, to be used exclusively as a business office by Operator. This
vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to
be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on
the premises for the period provided for all other carnival equipment pursuant to the RFP.
25
19D-27
17. LIENS
Operator will not permit any mechanics' or materialmens' or other liens to stand against the
City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming
under Operator.
18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION
In the event of any damage, destruction or condemnation of the Park and/or Carnival Area,
which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator
shall have the right, but not the obligation, to terminate the Agreement with respect to the subject
Carnival Area by giving written notice to the City within thirty (30) days after such damage,
destruction or condemnation. If by virtue of such damage, destruction or condemnation, City
determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its
operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or
condemnation have not been completed or cannot reasonably be completed outside of forty-five (45)
days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty
(30) written notice to Operator.
In the event of condemnation, unless Operator is allowed by the condemning authority to
continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the
Property vests in the condemning authority or Operator is required to cease its operations, whichever is
earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the
entire award shall be paid to City.
19. TERMINATION
This Agreement may be terminated by the City without cause upon thirty (30) days written
notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for
any violation of the terms contained herein.
20. DEFAULT BY OPERATOR
Should Operator default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, City may, in addition to the remedies specified elsewhere in this
Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner
provided by the laws of unlawful detainer of the State of California then in effect.
21. INSOLVENCY OF OPERATOR
The insolvency of Operator as evidenced by a receiver being appointed to take possession of all
or substantially all of the property of Operator, or the making of a general assignment for the benefit of
creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and
entitle City to re-enter and regain possession of the Carnival Area.
26
19D-28
22. CUMULATIVE REMEDIES
The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative
and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this
Agreement.
23. WAIVER OF BREACH
The waiver by City of any breach by Operator of any of the provisions of this Agreement shall
not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same
or another provision of this Agreement.
24. CONFLICT OF INTEREST CLAUSE
Operator covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
25. 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, addressed to the party concerned as follows:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. BOX 1988
Santa Ana, California 92702
27
19D-29
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. BOX 1988
Santa Ana, California 92702
Telefacsimile (714) 647-6515
To Operator:
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new
address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States
mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
26_ CONTRACT ADMINISTRATOR
The Executive Director of Parks Recreation and Community Services Agency, or his/her
designee, shall be City's Contract Administrator for this Agreement and all approval and notices
required to be given herein shall be so directed and addressed.
27. COMPLIANCE WITH LAWS
Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state, county and
municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's
facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a
proceeding brought against Operator by any government entity, that Operator has violated any such
statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and
shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits
and other governmental approvals, required in connection with Operator's activities hereunder, and
update such permits/approvals as necessary.
28. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Operator, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP,
the terms of this Agreement shall prevail. This Agreement may not be modified except by written
28
19D-30
instrument signed by the City and by an authorized representative of Operator. 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 parties, which are not
embodied herein.
29. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator
may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent
of the City and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the
City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other Operators retained by City.
30. NON-DISCRIMINATION
Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in
the recruitment, selection, training, utilization, promotion, termination or other employment related
activities. Operator affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
31. JURISDICTION -VENUE
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.
32. ATTORNEY'S FEES
Except as otherwise provided in this Agreement, in the event suit is brought by either party to
enforce the terms and provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees.
33. PROFESSIONAL LICENSES
Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Operator shall notify the City immediately and in writing of her inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
29
19D-31
34. BINDING ON HEIRS AND SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be
deemed to be a waiver of any of the conditions against assignment set forth herein.
35. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the
termination, or expiration of this Agreement, shall so survive
36. MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in
the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
//
//
//
//
//
//
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA ATTEST:
Paul Walters
Interim City Manager
MARIA HUIZAR
Clerk of the Council
30
19D-32
OPERATOR:
BY=
(Print Name)_
(Title)
Tax I.D. #
RECOMMENDED FOR APPROVAL:
Gerardo Mouet
Executive Director of the
Parks Recreation and Community
Services Agency
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
sy:
Assistant City Attorney
31
19D-33
19D-34
REQUEST FOR
COUNCIL ACTION v -? .
,?
?_
CITY COUNCIL MEETING DATE: - CLERK OF COUNCIL USE ONLY:
DECEMBER 5, 2011
TITLE:
APPROPRIATION ADJUSTMENT FOR
COOPERATIVE AGREEMENT WITH
OCTA FOR VIDEO SURVEILLANCE
SYSTEM AT SANTA ANA REGIONAL
TRANSPORTATION CENTER
(PROJECT 126767)
CITY MANAGER
APPROVED
(] As Recommended
? As Amended
? Ordinance on ?" Reading
? Ordinance on 2nd Reading
Q Implementing Resolution
? Se[ Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment accepting funds in the amount of $50,929 into the Measure
M Street Construction Fund (accounting unit 03217002-52026) and appropriating $50,929 to the
OCTA Transitway Project Fund (accounting unit 03217661-66220) for construction inspection by
City staff for the video surveillance system at Santa Ana Regional Transportation Center.
DISCUSSION
On November 2, 2009 Council approved a cooperative agreement with the Orange County
Transportation Authority (OCTA) for implementation of a video surveillance system at the Santa
Ana Regional Transportation Center (SARTC). The project consists of the installation of video
surveillance cameras, computers, software and improvements to related infrastructure designed
to capture video of the activities of visitors to the SARTC. The video will be stored in the system
for possible forensic use at a later date.
The agreement specifies that the City will determine the scope and function of the proposed
video surveillance system while OCTA will provide the funding and all resources necessary for
the design and construction of the project. The agreement also provides for funding for City staff
to inspect the improvements. The City will assume ownership and maintenance of the system
after the project is completed, which is expected to be completed by the end of 201 1 .
20A-1
Appropriation Adjustment for Cooperative Agreement with
OCTA for Video Surveillance System
December 5, 201 1
Page 2
FISCAL IMPACT
Upon approval of appropriation adjustment, funds will be available in the OCTA Transitway
Project Fund to complete this project (accounting unit 03217661-66220, project 126767).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II
Executive Director
Public Works Agency
RG/JG
? c?? ?ire? . ? ? ? _
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: Appropriation Adjustment
20A-2
REQUEST FOR
COUNCIL ACTION ???`--??
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
APPROPRIATION ADJUSTMENT FOR
BRISTOL STREET BIKE LANE EXTENSION
_ ? L-
2?CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
0 Ordinance on 'I?` Reading
? Ordinance on 2"d Reading
0 Implementing Resolution
(] Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting funds in the amount of $64,800 into the Select
Street Construction Revenue Run for Federal Grants (accounting unit 05917002-52026) and
appropriating $64,800 to the Select Street Construction Expense Fund for Improvements Other
Than Buildings (accounting unit 05917660-66220) for the Bristol Street bike lane extension.
DISCUSSION
On March 7, 2011 the City Council authorized the applications for project funding through the
Bicycle Transportation Account (BTA) administered by the California Department of
Transportation (Caltrans) and authorized the Executive Director of the Public Works Agency to
execute needed documents to obtain the grant funding. BTA funds are designated for bicycle
related improvement projects to better integrate transportation facilities into the surrounding
community. One of the BTA applications submitted was for the implementation of class II (on-
street) bike lanes on Bristol Street from McFadden Avenue to Edinger Avenue.
On September 14, 2011 Caltrans notified the City of the BTA grant award for the Bristol Street
bike lanes from McFadden Avenue to Edinger Avenue. Subsequently, on October 1 7, 201 1 ,
Caltrans and the City entered into an agreement authorizing BTA funding up to $64,800 for this
project. City staff expects to advertise this project in early 2012.
Bristol Street class II (on-street) bike lanes are identified in the Santa Ana Bikeway Master Plan.
Currently, Bristol Street between First Street and McFadden Avenue is the only section of Bristol
Street that has existing class II (on-street) bike lanes. This project will extend the existing class II
bike lanes along Bristol Street from McFadden Avenue up to Edinger Avenue to better serve the
needs of the bicycling community.
20B-1
Appropriation Adjustment for
Bristol Street Bike Lane Extension
December 5, 2011
Page 2
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available in the Transportation
Enhancement Fund (accounting unit 05917660-66220) for this project.
(((??? LlV?- ? _
ill r? Raul Godinez II
`? Executive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ??
Executive Director
Finance & Management Services Agency
RG/SA
Exhibit : Appropriation Adjustment
20B-2
REQUEST FOR
`- `T
COUNCIL ACTION
._
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
CONTRACT EXTENSION FOR PARKING
CONCEPTS, INC.
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
(] As Recommended
(] As Amended
(] Ordinance on 'I?` Reading
(] Ordinance on 2ntl Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached contract
amendment with Parking Concepts, Inc. of Los Angeles in an amount not to exceed $31,200 for
a one-year term, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The City of Santa Ana owns and operates four parking structures and one surface lot within the
downtown area. All the parking facilities are vital in providing easily accessible parking for the
surrounding retail businesses and numerous visitors to the area, as well as providing parking for
various events held throughout the year.
On October 8, 2007, requests for proposals were mailed to 19 prospective operators for parking
management services of the City-owned structures. Upon evaluation by staff, Parking Concepts
Inc. (PCI) was recommended for the contract award. On December 3, 2007, the City Council
approved atwo-year contract with PCI, with a provision to extend the term of the agreement for
three additional one-year periods.
During the past four years, PCI has demonstrated its ability to successfully operate the
downtown parking structures- They have established collaborative working relationships with the
downtown property and business owners, Downtown Inc., and the Santa Ana Police Department
to ensure the parking structures are well maintained and safe.
The City is currently under contract with a consulting firm to evaluate the downtown parking
operations. The intent of the analysis is to improve operations, expand service, and provide
better information. Once the report is approved within the next few months, PCI will have the
responsibility of implementing a portion of the recommendations resulting from the analysis.
25A-1
Contract Extension for PCI
December 5, 2011
Page 2
In order to ensure the smooth implementation of any recommended actions from the parking
analysis, and in light of the fact that PCI continues to provide satisfactory services, staff
recommends that the last of the three, one-year options be exercised to extend the agreement
through December 2012.
FISCAL IMPACT
Funds are available in the Downtown Parking Facilities account (no. 02718861-62300)_
`fi't-? ?. ?- ?.??, ?
Nancy T. ards
Interim Executive Director
Community Development Agency
NTE/FH/mlr
Exhibit: 1 . Contract Amendment
APPROVED AS TO FUNDS AND ACCOUNTS:
C\i?Ct\ ? ? n r ? ??
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
,,?`?
25A-2
EXERCISE OF THIRD ONE-YEAR OPTION AND
AMENDMENT TO NON-EXCLUSIVE OPERATING
AGREEMENT FOR PUBLIC PARKING GARAGES
AND SURFACE LOT STAFFING AND FIELD
MANAGEMENT BETWEEN THE CITY OF
SANTA ANA AND PARKING CONCEPTS, INC.
THIS EXERCISE OF THIRD ONE-YEAR OPTION AND AMENDMENT TO NON-
EXCLUSIVE OPERATING AGREEMENT is entered into on December 5, 2011, by and
between Parking Concepts, Inc., a Delaware corporation ("Operator") and the City of Santa Ana,
a charter city and municipal corporation of the State of California ("City").
RECITALS:
A. The City entered into the Non-Exclusive Operating Agreement for Public Parking
Garages and Surface Lot Staffing and Field Management Between the City of Santa Ana and
Parking Concepts, Inc. (Agreement #2007-253) dated December 31, 2007 ("said Agreement"),
with Operator by which Operator has operated and managed the City's Parking Garages and
Surface Parking Lots for four years.
B. In accordance with said Agreement, the parties exercised the First Option to said
Agreement on November 3, 2009, and the Second Option to said Agreement on November 15,
201 O.
C. In accordance with the terms and conditions of said Agreement, the parties wish to
exercise the third one-year option to extend the term for one (1) additional year. The parties also
wish to amend certain terms of said Agreement.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement, the parties hereto
do hereby agree as follows:
1. Section 3, TERM OF AGREEMENT, shall be extended by exercise of this Third Option to
extend the term from January 1, 2012 to January 1, 2013.
5. Section 4, COMPENSATION, shall be amended to continue the compensation of $2,600.00
per month. Total annual compensation under the Agreement shall not exceed $31,200.00 over the
extended term.
6. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
///
///
///
EXHIBIT 1
25A-3
IN WITNESS WHEREOF, the parties hereto have executed this Third Option to Extend the date
and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH A. STRAKA
Interim City Attorney
By:
Lisa Storck
Assistant City Attorney
Recommended for Approval:
Nancy T. Edwards, Interim Executive Director
Community Development Agency
CITY OF SANTA ANA
Paul M. Walters
Interim City Manager
PARKING CONCEPTS, INC.
Robert Hingle
Vice President
Tax ID#
EXHIBIT 1
25A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
AMENDMENT TO LEASE AGREEMENT
WITH GRAND CENTRAL
?l `?
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
0 Ordinance on 2rtl 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 third
amendment to the lease agreement with California State University, Fullerton, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In 1995, the Community Redevelopment Agency entered into an agreement with the California
State University, Fullerton (CSUF) Foundation to operate its Graduate Visual Arts Program at the
Grand Central building located at East Second Street and Broadway in the Artists Village. The
building was completely renovated by the Agency for use by the University. On April 5, 2004, at
a joint hearing, the Agency amended the lease agreement with CSUF extending the term for an
additional 20 years and executed an agreement assigning the lease to the City. The Grand
Central Art Center includes three art galleries, a live performance "black box" theater, a
printmaking studio and a restaurant. There are also 27 student residential units with studio space
for each resident use.
Since opening in February 1999, the facility has been a tremendous asset to the City, the
University, the Artists Village and the entire Downtown. Under the terms of the agreement and
consistent with the intended use of the building, CSUF sublet space to a printmaking studio,
Watermark Printmaking Workshop and Gallery. Watermark Printmaking Workshop and Gallery
has occupied the tenant space since the opening of the Grand Central Arts Center. However,
due to the decrease in demand-for this type of service, they have given CSUF a 90-day notice to
terminate their sublease agreement. In recent years, the fine art print market has diminished
substantially; and CSUF has indicated that to find a similar service to fill the space would prove to
be difficult.
Given the evolution of the arts, the University focused its efforts on attracting a business to fill the
space that could collaborate with them in outreaching to the community in the areas of
25B-1
Amendment to Lease Agreement with CSUF
December 5, 2011
Page 2
sustainability, architecture, culinary arts, and performing and visual arts. As a result, an
amendment to the lease with CSUF is needed to refine the list of acceptable uses to reflect
current technology and market conditions, particularly in the arts. CSUF has been negotiating
with the Road Less Travelled to occupy the tenant space. The Road Less Travelled holds a
similar vision to work as a collaborative partner with CSUF to better engage the community in the
creative process. The Road Less Travelled focuses on eco-friendly products with an emphasis
on sustainable lifestyles and is anticipated to be a welcomed addition in the Artists Village.
A Road Less Travelled is consistent with the Urban Center Zone under the Transit Zoning Code
and will further the City's goal of creating a vibrant downtown. By creating a more active
storefront, it will enhance the viability and visual connection of the Grand Central building with the
Second Street Mall. The City approves of the sublease to The Road Less Travelled as an
authorized use pursuant to the terms of the lease as amended. Therefore, no separate formal
action is required on the sublease.
FISCAL IMPACT
There is no fiscal impact associated with this action.
?--?-?J
Nancy T. E ards
Interim Exe ive Director
Community Development Agency
NTE/GPL/mr
Exhibit: 1. Amendment
2. Map
25B-2
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT, made and entered into this 5`h
day of December, 201 1, by and between California State University, Fullerton Foundation, a
California corporation (hereinafter "Tenant"), and the City of Santa Ana, a charter city and
municipal corporation (hereinafter "Landlord").
RECITALS
A. The Community Redevelopment Agency for the City of Santa Ana ("Agency") entered
into a Lease Agreement with Tenant dated June 19, 2005, for Tenant to operate its Visual
Arts Program.
B. On April 5, 2004, the Agency assigned said Agreement to the City as ?.andlord. The
parties desire to amend said Agreement to update the list of acceptable uses to reflect
current technology and market conditions.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. Section 7 of the Agreement, "Use", shall be amended to expand the list of acceptable
uses to reflect current technology and market conditions, particulary in the arts. This can
include, but is not limited to, eco-friendly sustainable uses, architecture, culinary arts,
performing and visual arts, and retail combined with these uses.
2. All other terms and conditions included in said Agreement shall have the same force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment the date and
year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Lisa Storck
Assistant City Attorney
LANDLORD -SANTA ANA
Paul Walters
Interim City Manager
TENANT
California State University, Fullerton
By:
Title:
Tax ID#
EXHIBIT 1
25B-3
25B-4
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25B-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
AGREEMENT TO PROVIDE ANNUAL
SOFTWARE MAINTENANCE AND
SUPPORT FOR GEOSPATIAL
TECHNOLOG S, INC.
? ?(??
vCITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
(] As Recommended
Q As Amended
? Ordinance on 1?t Reading
? Ordinance on 2"d Reading
Q Implementing Resolution
Q Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached amendment to the
agreement with GeoSpatial Technologies, Inc., for the software application maintenance and
customer support in an amount not to exceed $20,898.00, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On December 16, 2008, Council approved the agreement with Geospatial Technologies, to provide
software maintenance and support for the Automatic Vehicle Locator System (AVL). This system
enables the Santa Ana Police Department the ability to track police vehicles using mapping software
throughout the City of Santa Ana. The Santa Ana Police Department wishes to amend said
Agreement to provide for an additional year of basic software service and maintenance. The
Automatic Vehicle Locator System is proprietary and owned by GeoSpatial Technologies, Inc. and
can only be serviced by this company. The recommended action will allow for continuous service to
the Santa Ana Police Department.
FISCAL IMPACT
Funds are available in the Police Department's Computer Services fund (account no. 01 1 1 4425-
62300).
??
Paul M. Walters
Interim City Manager
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS.
? c?? car ? ?? , ?,???
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency .
25C-1
25C-2
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on December,
15 201 1, by and between GEOSPATIAL TECHNOLOGIES, INC., (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECITALS:
A. City and Consultant entered into Agreement #A-2008-332, dated December 16,
2008, (hereinafter "said Agreement") by which City purchased from Consultant
hardware and software to provide automatic vehicle locator (AVL) services and
mobile mapping services for the Santa Ana Police Department.
B. City and Consultant entered into a First Amendment to Consultant Agreement No.
A-2010-014, dated Febn?ary 1, 201 O, amending the Scope and Compensation, to
purchase additional hardware to equip additional vehicles with the AVL system.
C. City and Consultant entered into a Second Amendment to Consultant Agreement
No. A-2010-241, dated December 16, 2010, amending the Scope, Compensation,
Term to extend the system testing and maintenance services for an additional one-
year period through December 15, 2011 and increase compensation to pay for
services provided during the extended term.
D. In accordance with the terms and conditions of said Agreement, the Parties desire
to amend the scope, amend the compensation, and extend the term of said
Agreement for an additional one-year period.
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 1, SCOPE OF SERVICES, shall be amended to system testing and
maintenance services as set forth in Exhibit A to this Third Amendment to
Agreement.
2. Section 2, COMPENSATION, shall be amended to increase compensation to an
amount not to exceed $20,898.00 to pay for the services set forth in Exhibit A to
this Third Amendment to Agreement during the extended term.
3. Section 3, TERM, shall be amended to extend the term of said Agreement for an
additional one-year period through December 15, 2012.
25C-3
4. Except as hereinabove modified, all temvs and conditions of said Agreement shall
remain in full force and effect.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
F (SANTA ANA
1/?---
PAUL M. WALTERS
Interim City Manager
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
13y-
TE A L. JUDD
Assistant City Attorney
GEOSPATIAL TECHNOLOGIES, INC.
ame /?ah? C OK
(Title) G/?:?t TecLirvlo% ?' ?{/ <<e?^'
25C-4
t
GST
GeoSpatial "Technologies, Inc.
Quote for
Santa Ana Police Department
330 S. Harbor Blvd. Suite 430
Santa Ana, CA 92704
Phone: (714) 434-9936
Fax: (7'14) 434-9937
9/16/211
GST Public Safety System
GST Part Number Descri Oon
i]TY nit Pdce Amount
AMF eovarln 12/'I G/2011 - 12M 5/2012
reamant A 2008332 dated 12/18!2008
Service
SV-SW- AMF Software Annual Maintenance Fea for City of Santa Ana
Polioe Department on the following Software Licenses
?
$ 20 898.00
$ 20,898.00
7. GST Tracker Server Software License
2. GST Viewer Software Site License
3. GST Ma er MDC Sokware Site License
4. GST InterOp Bridge Software Licence
5. GST Wireless Host Sarver Software Lloanse (up to 200
vehicles)
Annual Maintenance Fee Total
$ 20,898.00
Grand Tote! (AMF arrd Sarv/ca
$ 20,898.00
Notes:
? AMF paid dfent is entltled to technical support through email and telephone (M-F, 9:OOAM-5:30PM, PST),
bug fixes end free software upgrades through the year, and discounts Tor GST's trelning programs end customization.
2 Pries stated atwve is good for one hundred and twenty (120) days from the date of this quotation.
3 Payment Tenna: AMF payment is due prior to the commencement date of each 12-month period.
25C-5
25C-6
i
l
Exhibit A
25C-7
IAA?PED A-2009-1 18
?^ UM11LiPISURAAII; E)tP? 3
ctguc of came- 7
ne?c: ?? ? IO g CONSULTANT AGREENil?"N??T,o
?/? THIS AGRBBMH.NT, made and ontored into this --??- day of 2009
by and behveen GeoSpafial Technologies, Ina (CST), a corporation, (hereinafter ` onsultanC7,
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constiiutionand laws of the State of California (hereinafter "City").
RECITALS
A. The City dcsiros to retain a consullant having special skill and latowledge in the field of
providing the City with computer software, professional services, training. and technica4
support of crime mapping, analysis, and reporting solutions for law enforcemennt
agencios.
B. Consultant shall submit an invoice for such services.
C. Consultant represents that Consultant is able and willing to provide such services to the
City.
<?
D. Tn undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected fiom a professional consulting firm In the field.
NOW THLr12EFOItE, in consideration of tho mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, tho parties agree as follows:
1. SCOPE OI+' SERVICES
Consultant shall perform those services as sct forth in Attachment 1 to this Agreement.
2. CO1tUtENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in ]3xhibit G to Attachment 1. The total sum to be expended.
under this Agreement shall not exceed 571,593.75 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work perfoaned, subject to City accounting procedures. Payment Hoed not
be mado for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and torminate upon the
expenditure of funds, unless ternunatcd earlier in accordance with Section 12, below. The term
25C-8
of this Agreement maybe extended upon a writing executed by the Chief of Police of the S ants
- Ana Police:.-Department.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire teen 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 eaeeroise discretion or control over the professional manner in which
Consultant performs the services whioh are the subject matter of this. Agreement; however, the
services.to be provided by Consultant shall be provided m a manger consistent with a1L
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employee's social security taxes, unemployment insurance and similar taxes relating to
ompIoyees sad shall. be zesponsible for all applicable withholdmg taxes.
5. INSUliANCE
Prior; bo uadertsldng performance ofworlr under this Agreement, Consultant: shall
mauetain and shall require its subcontractors, if any, to obtain and mafatain insurance as
- tlescre'bed bolow:
a. Cosnmercisl'-General Liability Ina?aance. Consultant shall:maintain commercial
general liability insurance nnn+_in9v the City, its officers, employees, agents, volnnteees and
representatives- as additional insureds) and shall include; but sot be limited to:pratection against
. olaims
arIaing S?om bodily and-gersonal3njury, including death resulting thereti+om and damage-
to'property; resulting. fivm any act ar occnnreace arising out of Consultant's operations in the
perfannaaco of this Agreeme;et,_iacluding, without limitation, acts involving vehicles. The
sanounts`ofinsurance shall be not less than the #ollowing: singlo limit. covorage:'eppiying to
bodily and-personal injury. including death resulting thoreii;am, and property damage, is ihs total
amount of$1,000,000 per ocouaence. Consultant shell supply City with a fielly executed
additional insured eadorsemeat in substantially theform attached hereto as Attachment 2 upon
execotion oftlus Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, -with a combined,?ingle
limit`of not less than $1,000,000 per occurrence. Such insurance shall iacluds coverage for
owned, hired and nos=owned automobiles.
T
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code; Consultant, if Consultant has any employees, is required to be insured against
liability for wotiret•s compensation or to undertake self-insurance. Prior to commencing the
,.perfornance:ofthe prork undep-this. Agreement, Consultant agrees to obtain sad.maintain any
?, 'employer's liability insurance with limas not less than $1,000,000 per accident.
,.
25C-9
d. The following requirements apply to the insurance to be provided by Consultant
pnrsuaat to ibis section:
(i) Coasultant.ahall maintain all insurance required above in full force and
effect for the satire period covered by this Agreement.
(ii} Certificates of insurance shall be furnished to the City upon .execution of
this Agreea?cnt and shall be approved is form by the City Attorney. ? ?
(iii) Certiftoates and policies shall state that the policies. shall trot be canceled
or reduced in coverage or changed in any other material aspect without f
thirty (30)-days prior written notice to the City.
e. If Consultant falls or refuses to produce or maintain the insurance required by this
section or fails or refuses to famish 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
teaninate this Agreement. Such termination shall not affect ConsultanNs right to be paid for ite {
tinge and;naterials expended prior to notification of fennination. Consultant waives the right to ?
receive compensation: and agrees to indemnify the City for any work gertxumed prior to approval ?
of insurance by the City.
?._ i
`?? 6 -INDEMNIFICATION "
Consultant agrees to and shall indemnify and 1wId harmless the City, its oi?cers, agents,
employees, consultants, special-counsel, and representatives fro?na IIability; (1) .for personal
m?ury, damages, just compensation, restitution, judicial or equitable relief easing out of claims
for personal injury, including health, and claims for property damage, which may arise fiom the
director indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons noting on their behalf which relates to.the services descn'bed in
section 1 of this Agreement; and:(2) 8+om any claim that personal injury, damages, just
con m? ? on?r ?e on. judicial or equitable zellef is due by reason of the terms of or effects
errant. This:indem»iiy. and hold.Barmless agreement applies to `all claims i
fcrdamages, just compensation, restitution, jadicial or equitable relief suffered, as alleged to
have been aut3'ered, by reason of the events refeaed to in this-Section orby reason of the terms
of,: or;effects, arising £rom this Agreement. The Consultant further agrees to indemnify; hold
hsanieas, and'pay all costs forthede?fense of'the City, including fees and costs for spooial
counsel to be selected by the G`ity,:regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal- injury, damages, just compensation, restitution,
?# judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects g,-te:.,o from this Agreement. City may make-all reasonable decisions with respect to its
representation in any legal. proceeding.
7. CONI+'IDENTIALIiZ'Y
If Consultant receives warm the City information which due to the nature of such
z infoanation is reasonabl underBtood to be confdential and/or
thatitshall not use or di aloes each information except is the perfaraiaa?ce? of this Agreemarrt,
end fl;rfher agrees to axerciae the same degree of care it Hats to protect Sts own information of
_ j
25C-10
v
lilca importance, but in no :event less than reasonable care. "Confidential Information" shall
include all npnpublic.anformation. Confidential information inchules not-only written
inforrmtion, but also iafiormation taaasfarred orally. visually, electronically, orby other means.
.Confidential infcanation disclosed to-cIflrer party by.any subsidiary and/or agent ofthe other
party is covered by this Agreement. T7te foregoing obligations ofnon-use and nondisclosure
shall not apply to any information that (e) has'bean disclosed tar pnblieiy available souccea (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfLl
possession oftha Consultant without an obligation of con$dentiality; (d) is required to be
disciosed by operation of law; or (e) is independently developed by rho Consultant without
reference to infoanation disclosed by the City.
S_ COI?IIrLICT OF INTEREST CLAUSE
Conaultaatt covenants that it presently hes no interests and shall not have interests, direct
,or indirect, which would confliot in any warmer with performance of services speaiffed under
this Agreement.
9. NOTICE
Anynotice, tender, .demand, delivery, or other communication pursuant to this
Agreement shall be in writiatig:and shall ba deemed to ba properly given if delivered in parson or
mailedby first class or certified mail, postage paepaid, or watt by telefacsimile or other
telegraphic communication in the manner provided in this Section,.to the following persons:
' To City: Clark of the City Council
City of Santa Ana
20 Civic Canter Plaza (M-30)
- p.O. Hox 1988
Santa Ana, C.4 92702-1988
Fax 714-647-6956
' With courtesy copies to:
CltiafofPolice
City of Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, California 92702
and
City Attorney
City of Santa Ana
20 Civic Center.Plaza (M 29)
. P_Q.Box 198$:
Barite Ana, California 92702
Fax 714-647-651$
4
25C-11
To Consultant: C3eoSpatial Technologies, Inc.
3130 S. Hacbor Blvd., #430
-Santa Ana; CA 927tH
Phone: _(714) 434-9436
Fax: (714) 434-9937
Attn: Hong Chou, Chief Technology Officer
A party may change its address by giving notice in writing to the otiaor party. Thereafter,
any communication shall be addressed and transmittedto the new address. ]f sei?Yhy ma{I,
oorumuncatfon shall be effective.or deemed to have been given three (3) :days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed -es set forth above. If sent by telafacsimile, communication shall be effective or
deomed:to bavb been,given twenty-four (?A) hours after"the time set forth oa the transmission
report issued by Ehe transmitting facsimile machine, addressed sa set forth above, For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
o. ?tCiivsrvlT? AND,AIYIIilVDME1?lT
This: Agreement represents the complete sad. exclusive statement between-the City sad
Consultant, and supersedes any„and.all other agreements, oral ar written,.between the parties. In
the event of a conflict between the: terms of this Agreement and any .attachments hereto, the
terms ofthis Agreement-shall prevail. This Agcesmeat maynot be modified except by written
instrument signed by the City and by ati authorized representative of Consultant. The parties
agree that' any temia or conditions of any purchase order or other instrument that are: inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind :or obligate Consultant or
the City. 73ach party to this Agmeeine?nt acknowledges that no representations. inducements,
- promises or agreements, orally or otherwise, have been made by ?Y Pant, ar anyone acting. on
behalf of any party, which is not embodied herein.
li. ASSICI1?IlViE7!IT
Inasmuch as this.. Agreement. is intended to secure the. specialized services ,of Consultant,.
Consuitantmayaot assign, transfer, delegate, or subcontragt:any interestiim?e3n without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
-the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall 6e construed to limit the City's ability to have any of`the services which are: the sabjectto
-this Agreement: performed by City personnel or by other. consultants retained. by City.
12. TERNIII?IATIOTi
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination.. 7a such event, Consultant shall be entitled to receive and the City. shall pay Consultant
compensation for ell services performed by Consultant prior to receipt ofsnrh notice: of termination,
sabject,to tt?e following comditions^
y`:
25C-12
a. As a condition of euah payment, the l3xeoutive Directormay require Consultant to deliver
to the City all worlr product completed as of such date, and in such case:snch work product: shaII ba
'
the property of the City unless prohr
bited bylaw, and Consultantconsents to the City's use thereof
for suchpurposes as the City deems appropaate.
b. Payment need not be made for work which fails to meet the standard a?f perfomzsnce
specified in the Recitals of this Agreetnerrt.
13. DISCRIMIhTATION
Consultant-shall not discriminate because ofrsce, 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 eamployment related activities. Consultant affirms that it is sn equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. J'[1RIS.DICTION -VENUE
TIus.Agreement has bean executed and delivered in the State of California and the
-: ?< validity,_'interp;station, perfonneaoe, and enforcement of any of the clauses of this Agreement
shaII'be determined and goye?med by the laws of the State of California. Both parties further
agree that Orange County, Cafitbrnia, ahaII be the venue for any action or proceeding that tray
be brought or arisarout of, is connection. with or by reason ofthis Agreement.
15. PROFESSIOl?iAL LICENSES
Consultant shall, throughout the tarn ofthis_Agreeanent, maintain s1i necessary Icenses,
,permits, approvals, waivers, sad exemprions necessary for the provision oftlYe aetvices
hereunder and required by the laws and regulations of the United States, the State of Califomia,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
,immediately and in writing of its inability to obtain or maintain.such.permits,:lic?nses, approvals,
waivers, and exemptions. Said inability shall ba cause far termination of this Agreement.
16. IYIISCELLANEOIIS PROVISIONS
a. -Hach undersigned repraseaus and wan?ants that its signatui+eheraiabalowhes the powor,
authority and right to bind their respective parties to each of the teitms of tIvs Agreement, and shall
inde?nifiY: ?Y ?Y, inciudirrg reasonable costs and atta?mey's fees, for anyinjvriea or damages to
Qty ia:tha.event:thatsuch authority or power is not, in fact, held by the signatory or is withdrawn.
b.. All Attachments: mferenced herein and attached hereto steal l be incorporated as if folly set
forth in the body of this Agreement.
6
25C-13
i
II?T W1TNS.SS WFIBREOF, the patties hereto. have executed this Agreement the date and year
feat abovo wrlttea.
ATTEST: C1TY OB SANTA ANA
PATRICTA B, Ta-R a7 y
• Clerk oftha Coonoil
DAV1D Iii. RRAM
CltyManager
APPROVED AS TO FORM:
t_.._.
JOSEPH c?utxu
City Att
•; sy:
R" 0.- ge
D CIt Attorney
i
RECOMMENDED. FOR APPROVAL.:
SA?NT?A ANA ,POLICE DEPARTMENT
/ ? /
GEOSPATIAL TECLLYOLOGIESL, INC.
??s?
L?J
25C-14
PAUL bL WALTSRS
ChiafofPolice
HOI?IOOU
Chief ethnology OfFtcer
9.?' -- ? ??-33?,s-
Employar ID # or Iridivldual. S5'#
:,
;.
?;
is
?:
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ATTACHMENT 1
i
r SCOPE OF SI3RVICES
C
® 8
25C-15
r
PURCHASE CONTRACT FOR
A CRIME MAPPING. ANALYSIS, AND REPORTING SYSTEM
THIS CONTRACT Is made and entered into this day of .2009. by and
between the -CITY OF SANTA ANA, CALIFORNIA, hereinafter referred to as "CITY"•
GeoSpatial'Technologies, Inc. (G3ST), located at 3130 S. Harbor Blvd. Suite 430, .Santa- .
92704, hereinafter refen?ed to as "CONTRACTOR".
?.eZ`?
PURPOSE ? V??S??
CONTRACTOR Is in the business of provid(ng computer software, professional services, training,
_ and. technical support of creme mapping, analysts. and reporting solutions for law-enforcement
agencies_ CITY hereby purchases from CONTRACTOR its latest crime mapping, analysis, and
reporting system according to the term and conditions specified in this contract.
TERM AND CONDITIONS
i 1. PURCHASE ITEMS
The following items are included in this PURCHASE CONTRACT:'
(1) GST CrimeMap'Sul#e Software L[censes
A site Iicerise'of C3ST CrimeMap'Suite software products, includng,GST CrimeMap,
.CST CrimeMap Lice,-and GSTCrimeMap Mobile forClTY Pclice'Department'1Mth
this site license. CiTY Police Department may install any number of each of the
listed software. products within the Police Department without limitation.-EXHIBITS
A. B, and C show the functional specifications of GST CrimeMap, GST CrimeMap
Lite. and_GST CrimeMap Mobile, respectively.
(2) GST CrimeMap Remote Implementation
CITY shall provide all the computer hardware needed -for Installation of the
purchased GST software. CITY shall provide CONTRACTOR with remote access to
the computers. The implementation includes setting up GST CrimeMap Database
on a server computer,;instailation of ane copy.of +GST CrimeMap 6.0 and one copy
of GST Cr1meW?ap l_Ite on workstations, Installation`of one.?copy of GST CrimeMap
Mobile on a Mobile Data Computer, and connection between GST CrimeMap SQL
Server Database to CITY`Police Department's CAD/RMS Database.
(3) GST CrimeMap On?ite Training
CONTRACTOR shall provide.on-site?sofiware training of GST CrimeMap at. CITY
:Police Department fortwo days.
{4) GST CrimeMap Software. Annual Maintenance
This purchase7ncludes GST CrimeMap Software Annual Maintenance for one year.
The maintenanoe•includastechnlcal supportthrough a-mail and telephone between
9 em and B pm, 11Aorsday throt;gh Friday exceptholidays, ail bug fixes and software
upgrades during she year, !SO% discounts of GST training programs held- =at
CONTRACTOR'S- facility, and 30% ,discounts of GST software customization
services. Details of GST Software Annual Maln#enance Program are described in
'EXHI131T D. Software Annual Maintenance Agreement". In addition to the standarcl
software maintenance, CONTRACTOR shall also customize GST CrimeMap
program to generate weekly. reports and monthly reports requested by the Police
3 ,
25C-16
Department. The weakly reports and monthly reports are listed in "EXi-11BIT E,
SAPD Customized. CrimeMap. Reports". °EXFI181T F End User License I?greetnenY
shows CONTRACT's standard software license agreement .
2. PRICING
Price for the purchase Items. listed in this contract shall be in accordance with °EX#-IIBIT G:
Quote for Santa Ana Police Department" prpvlded by, CONTRACTOR dated June 4,2009,..and
in accoriianca with'the required specifications set forth in Item (1). CITY shall pay no-tither
compensation to CONTRACTOR unless an Amendment has been agreed upon in writing and
signed by both parties.
-;
3. )iAI1LEST'ONES AND'PAYMENT SCHEDULE
CITY-shall pay CONTRACTTR for the specified percentage of total purchase price at each
milestone according to the project milestones specified below.
(1) Del[very of GST ErimeMap Software Products-(50%0)
??• Within 15 days from contract signing or by June 30th, 2009, CONTRACTOR shad
delivaca sat of CDlDVD's of each of GST CrimeMap, GST CrimeMap Lice, and GST
CrimeMap Mobile oftware products to CITY Poifoe Department.
CITY hall pay CONTRACTOR 50% of the total purchase -price within 30 days from
receipt of the CDlDVD's.
(2) Remote Implementation of GST CrimeMap Software (26%)
Within 15 days from delivery of GST CrimeMap Software, antl provided titat CITY
Police Department has identified the servercomp???r, two workstation computers,
and a Mobile Data "Computer, and provided CONTRACTOR with remote access to
the identifies computer hardware, CONTRACTOR shall implement GST CrimeMap
SQL Server Database and install one copy of GST CrimeMap, one copy of GST
CrimeMap' Lice, and one. copy of GST CrimeMap Mobile 'on the designated
computers?
CITY shall pay CONTRACTOR 30% of the total purchase price within 30 days from
the date the purchased software is implemented.
(3) On-site Training of GST CrimeMap Software (? 5%)
Within 30 days lrom the implementation of GST CrimeMap _Software, and. pnwided
that'CITY Police Department's schedule allows, CONTRACTOR-shall provide two
days: on-site software training of'GS'1' CrimeMap, GST CrimeMap Lite, and GST
CrimeMap Mobile at CITY Police Department.
C1TYShal1 pay CONTRACTOR 16% of the total purchase price within 30 days from
the date the two-day training is completed.
(4)>GST'Software Annual: Maintenance (1 O%)
Upon completion ofiwo-day GST CrimeMap software training, CONTRACTOR shatl
25C-17
provide the annual software maintenance services. W[thin.3 months from-the start
- of software annual maintenance, CONTRACTOR shall complete tfie customization
of CrimeMap weekly reports and monthly reports.
CfTY shall pay CONTRACTOR 5Q/o of-the totaRpurchase pride withln.30 days'from
the date GSl' has completed the customized weekly and' monthly reports.
4. ? INDEPENDENT CONTRACTOR
CONTRACTOR-shall be consktered an independent contractor and neither CONTRACTOR,
its employees, noranyone working underCONTRACTOR shall be considered amagent oran
employee of CITY. Neither .CONTRACTOR, its employees, nor anyone working -under
CONTRACTOR shall qualify for workers' compensation. or other fringe benefits of any kind
through CITY. '
6. WARRANTY
C.ONI'RACTOR expressly warrants.that the goods/services covered by this contrada[e 1) free
ofi liens and ericumbrances, 2) merchantable and good foc the ordinary purposes for which
they are used, and 3) fit for the particular purpose for which. they are Intended.
6. COPYRIGHT INFRINGEMENT
CONTRACTOR shall. at its cost, defend or, at its sole option. settle. any claim.or suitbrought
against CITY on the ssue that any software program provided try CONTRACTOR through this
contract lnfrir?ges a United States copyright,: provided that-CITY (a) notifies..CONTRACTOR
promptly in wri#Ing of any such'clalm or suit; (b) gives CONTRACTOR full 'information and
asslstanoein settling and/or defending the suit. a'nd (c) glues CONTRACTOR full authority and
control of the defense and/orsettlement of any such action. CONTRACTOR shall notbe liable
for any costs or expenses incurred (a) by CITY without CONTRAGTOR`s prior written
authorization; (ta) for any claim based on tha use or combination of the software with any other
software:not provided 6y.CONTRACTOR; (c) for any claim based on C1TY's modification of
transaction entered-into by CITY relating bo theeso afiwarebWle?tversion of the software; or (e)`any
out CONTRACTOR's priorwritten
consent. if a software ,program .becomes subject to a claim of .infringement .for which
..
CONTRACTOR may become liable, CONTRACTOR may at its option (a) obtain the right to
continue using the software program; (b) eplace or modify the software program to make ]t
non infringing ' o :long as the replacement or modification meets substantially similar
spacificattons; or.(c) terminate the licenses and refund the license-fees paid. EXCEfTT FOR
THESE REiVIEDiES, CONTRACTOR SHALL HAVE NO LIABILITY TO CITY FOR
COPYRIGHT INFRINGEMENT, AND SHALL IN NO INSTANCE HAVE ANY LIABILITY TO
CITY FOR DIRECT, iNDIRECT,OR CONSEQUENTIAL DAMAGES FROM INFRINGEMENT.
?:
7. INSURANCE
CONTRACTOR shall,.proce?re and maintain at CONTRACTOR'S sxpanse'for tha duration of
this CONTRACT the following insurance. against claims foririJUries to persons or damages to
property which may arise from or-in connection with the performance of-the service by the
CONTRACTOR.: its agents, employees orsubcontractors:
25C-18
` - {'I) Comprehensive General Liability insurance with limits of-not less than thefollowing:
General aggregate:
Each Occurrence $2,000.000
$1,000,000
Auto Itability $1,000,000
(2) Workers' Compensation
Each Accident ? $1,000,000
? Disease -policy limit .$1;000,000
Disease -.each employee $1,000,000
8. COMPLIANCE WITH LAWS
,::,.
t;
CONTRACTOR represents and warrants that services to be provided under this CONTRACT
shall fully comply, at CONTRACTOR'S expense, with all standards, laws, statutes, restrictions.
ordinances, requirements, .and regulations (collectively `laws, including, but nobilmited to
those Issued by CITY in its governmental capacity and ell other taws applicable to the services
are provided to and accepted by CITY.
;:
.?.
9. CONFIDENTIALITY
CONTRACTOR agrees to maintain the conftdentiality of all CITY grid CITY-related records
and information pursuant to .alt statutory laws relating to privacy and conftdantiallty that
F _ .curt@ntty.exist•or exist at any time'.durlrtg the term of this CONTRACT. All such records and
information shall be considered. conftdential and kept confidential by CONTRACTOR and
CONTRACTOR'S agents and-employees.
4 1D. INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend Arid hold harmless CiTY, Its officers, agents and
employees against any and all liability, claims; actions, causes of action or demands, arising
from or related to the services, products or.other pertormance provided by CONTRACTOR
pursuant to this CONTRACT whether or not caused in part by a party indemnified hereunder,
except for CITY's sole active negligence or willful misconduct.
11. CHAi?IGE OF OWNERSHIP
CONTRACTOR agrees that ifthere Is a change or transfer in ownership of CONTRACTOR'S
business prior to completion of this CONTRACT. the new owners shall be required under
??• terms of sale or other transferto'assume CONTRACTOR'S duties-and obligations contained in
this CONTRACT and complete them to the satisfaction of CITY.
12. -FORGE MAJEURE
CONTRACTOR shall not be, assessed with 1tquidated damages.or unsatisfactory performance
penalties during any delaycbeyond the time named for the performance. of this CONTRACT
9
25C-19
caused by any'act of God, war, civil d(sorder, employment strJke or other reasonable control,
provided CONTRACTOR gnres written notice of the cause ofthe delay to CITY within 36 hours
of the start of the delay and CONTRACTOR avails himself of any available remedies.
iN WITNESS WHEREOF the parties hereto have caused this CONTRACTto be executed
the day:and year first above-written.
CITY OF SANTA ANA ("CITY") GEOSPATIAL TECHNOLOGIES. INC.
"CONTRACTOR'')
By DAVID N..REAM. Clfy Mansger B H g C u, Chfef T@chnology Officer '
ATTEST:
k
i.
i
r
P
By
PATRICIA E. HEALY
Clerk of fhe Council
APPROVED AS TO FORM:
JOSEPH W: FLETCHER
City: Attomey
By:
Laura Sheerly
Assistant City Attorney
3130 S. Harbor Bivd.. #430
Santa-Ana: GA 92704
(Address)
f714) 434-9936 (714) 434-9937
(Phone Number) (Facsimile Number)
,SRAP97-731.950 95-478331-5
License Number Tax ID
5
25C-20
EXHIBIT A
GST CItI1VI?MAP 5.0 FiJ1?ICTIOI?iAL SPECIFICATIOI?IS
sy
ST
Q
Crimelviap 5 is user-friendly tool that utilizes database querying and analytical tools
speciflc?lly for public. safety agcnaies_ The program enables the user to view location-specific
crime .data though the ESRI ArcMap interface and perform varlous types of analyses and report
creation. CrimeMap 5 has a customizable interface that allows for a full range of capabilities thai
enables routine tasks to be performed more efferently.
1. Search
a Connect to any MS SQL Server database and perform queries otI'aay table or
view like incidents, MO, vehicles, suspects, Megans; Parolees
b_ Easily build your own search forms for your requirements
c. Support three different kinds of location based searches to the search forms
1 • Radius search based on en address
• Radius search based on a point selected on the map
• Radius search around landmarks/POIs stored is a database
d. Support multiple date search modules to query date gelds like D073, reporting
date, incident dato, etc.
• Search by date range
• Search by time range
• Search by day ofthe week
e. Support muhiple aridbaaed search modules (e.g. Ccime Types, City, Reporting
IIistricts, Zones, 12ace, ate.)
COPJTItI?I OIO.TYOXQI T?C?M-IIlI?. ING ', •®
25C-21
Copyright 2009 GcoSpatlal Technologies, Inc_
3130 S. Harbor Blvd. Suite 430
Santa Ana. CA 92708
Tel: (714).434-9936 Fes: (714) 434-9937
wwrv,gcospatialtech.com
June 1, 2009 _
? _
t f. Build your own queries using the easy,to use query builder
' g. !SQL eathusiests can type: their own SQL queries
h_ Save unIinnited number ofsearohes far fuhae use
• i, Map display of search results in ESRI ArcMsp
j. Easlly. assign symbols based on Crime Types or UCR/Crime Codes i
k. Create reports on the click of a button
L Perform analysis on the searched results
2. Analysis
a. Perform hotspot analysis based on a polygon layer. or a regular Cartesian grid
} b. Perform duplicate analysis
? c. Create an outer boundary ofall selected cases
d. Perform threshold analysis with any two .time periods and normalizo the results by
• area/number of days
e_: Rna s time serios for as animated view is ES1tI AreMap
f. Create a series plot to connect incidents in a sequence by arrows
3. Reports ,
4 a. Greate ditt'erent types ofreports:
• Tabular
• Detailed (Sweep report, Megans/Parolees report, etc.)
Sua?maryReport
• Bar Qraph
• Pie Chart (2D and 3D)
b. Export the. reports to a PDF file, MS Word, MS Excel •
c. Export the graphs/charts to images to embed them in your presentation end .
- eeports.
,? d_ Save mtiltiple templates for each report for future use
4. Importing, L+d3t[nig, avid Geocoding
a Import data from text files, MS Excel files; MS Access databases, MS SQL
Servers end DBF files.
b: Edit. the imported data
c. Oeocode individual reeords or batch geocode using the ArcMap based geocoder
oa the click of a button
d. Ivlaaually geocode knotva addresses which won't geocode otherwise
e. ..Maintain a krokup table for lmowa locations or landmarks with their co-ordinates
end use this to geocode the incidents
4 5. iVliscellaneous
a. Supports ESItI Arct3IS 9.2 and above
b: Users.famlliar with ESIiI ArcGIS caause BSItI ArcMap for map construction
_ 4aYi`aiBf C?oSDodel Skcisa/ad??. rrta- y
25C-22
EXHIBIT B
F
. GST C12IMEMAP LITE FUNCTIONAL SPECITICATIONS
Copyright 2009 GeoSpatlal Technologies, Inc.
3130 S. Harbos• Blvd. Suite 430
Santa Ana, CA 92708
Tel: (714) 434-9936 Fax: (714) 434-9937
w?v?v,geospatla l teclt.com
June 1, 2009
KEY SYSTEM FEATIIRLS
• Using Microsoft SQL Server database for sparing and storage, enhancing database
performance, and enabling advanced users to fully utilize the database
• Automatically importing incident and subject data t1uough a direct link to CAD/RMS
database
• Using GST Mapper as mapping engine to eluninate the need for maintaining another
third-Party GIS program
• Generating incident maps with multiple data layers
• Identifying and geocoduig incident locations
`*? • Compatible with commonly used GIS map data including BSRI shapeSle
• Supporting highest level of intcropcrability within and between agencies
GENERAL, FUNCTIONS
c•ojrtyi? crosvnnd 7fse.wbs?.i Jnc .?
25C-23
• Imporcing_incident (CAD/RMS) data into SQL Server
• Hditing'incident records, geocode locations, and customize symbols
• Selecting incidents by date, time,-beat, district, incident category
• Selecting incidents from any set ofpoint-of-interest locations each as schools, banks,
? shopping centers, restaurants, parks, etc_
t • Exporting maps of selected incidents to shapefile for other mapping applications
• ;Identifying incidents witliia a specified distance. from an address or cross streets
• Qenerating reports, maps, and abarts of selected records
• Exporting data ofs?lected incidents to T3CT, IvIDS, XLS, or DHF formate
- - • Bditing attributes ofinnident records
• Editing spatial elements ofany ntap layer including point, line, and polygon features ?
• Select incidents based on any combination of criteria, i.a. year,. date, time, beat,
reporting distant, czime category, incident type, address or cross streets, Point-of-
Intereat (7'OI) or landmarks, query statements, and spatial selection. The aeleation ?
criteria can be saved to a Sle for future use. '
• Qenarating +arious types ofreports and incident maps. Editing layout window for '
desirable map presentations. -
• Keeping decades of historical data in the database end easily changing the starting
date for queries. -
• Qaeryiag CAD and RivIS databases individually or combined as one table
E
i;
?vlHeB+OscSDatld Tieliuo%ala, rm. 2
,_ 25C-24
EXIIIBIT C
GST CItI1VI1;IYIAP MOBILE FUNCTIONAL SPECIFICATIONS
Copyright 2009 GeoSpatial Technologies, Inc.
3130 S. Harbor Blvd. Suite 430
Santa Ana, CA 92704
Tel: ('714) 434-9936 FaY: (714) 434-9937
1y?v?v.aeosn atlaltech.com
June 1, 2009
i
•
GST CrimeMap Mobile, an add-on module of C3ST Mapper® MDC, is designed for
public safety wnd law enforcement agencies to support mission-critical operations is a
mobile environment. Provided that broadband wireless communication is available and
GST CrimeMap? database server is accessible this extension provides mobile crime-
niapping Rinctlons on"the MDC.
incident Selection: The-user may select any type of incident from the crime database, and
CrimeMap Mobile will show the selected incidents oa the map along with their key
attribute information.
Daylfime Range: The user may search for incidents that occurred on the cuaent day,
.yesterday, last week, last month, or in any time date range. The selected incidents will be
retrieved from the database and displayed on the map.
mpy?(pA1 4roS}aNa/TrehR?6dls+. /na l
25C-25
Search from Vehicle: Tlar user may search crime incidetrts based oa the current location of
the veFiicle if a C3PS device is installed. For instance, the user may search robberies that
have occuued within 1 m1e from the vehicle's cuaent location.
Search from trecldarrt: The-user may search crime incidents based on the location ofthe
r",rrnnr incident that the unit is responding to, provideti'tbat the CAD iriterfiace on the-
' • MDC is available.
• Search from Address: The user amy enter an address or? cross streets to search for
incidents within a specified distance from the entered location, e_g., all the robberies that .
occursed within 1 mile from a given address.
. _ -.
Searchrom Known Locations: The user may select:any entry from a:list oi'lcaowa
locations to show all the incidents that occurred within the specified distance from that
location.
? Search Range:. The user may search incidents within 500 R, 1,000 $ 2;000, 4,000 R, or
from apull-down list of dift'erent distances. IncidenRs that occuQed within the selected
?? distance $om the specified location will be identified'and displayed.
Search Limitation: The user may set a limkatioa on search distance and t}te-maximum
n?ber of records to be r*+?*+?*?+Kted from the server. T7iis is to prevent the unintended
' attempt to retrieve a huge amount of data from the server, which will slow dower the
wireless oommunication.
`?l
Cop>r/g1?e C?wSpolfel Tie6noloQles, Jim
-i
2
?ST :
25C-26
EXIEIISIT D cc
J?
GeoSpaf/a/ Technolog/es, /nc.
Software Annual'Maintenance Agreement
GeoSpatial Tea)utologies, Inc. (hereinafter referred to as GST) shall. provide aiaintP?A*+?-e and support
services under this SoR?vare Annual Maintenance Agreement (heretnaRer referred to as Agreement) for.
af- Santa Ana Paltee Department (hereinafter referred to as tltstomor) during the period
apgroacimataly _ 2009 through _ 20__, with options to extend For addition 4 years,
upon p of the ensue! mafntenaace fee for the products listed In the purchase Contract.
L PRODUCTS COVERED
GST matateaance and suppprt services ara,provIded only for the sofhvare products `listed?nthe Purchase
Contract or Purchase Order with the eatira amount of Software Annual Maintenance Fee paid In !till on or
bei'ore the pommeocement of each 12-mpnth period;
II. MAINTENANCE AND,SUPPORT
GST s1?ll provide mance-and support services to the End User. Maintenance and sappart services
shall include, but not limited to:
(a) Telephone and E-mail Support: GST will provide telephone and a-mail assistaace? You must provide
t3ST with remote access throagh the Interact to the wmputers installed with -GST software By
caLing the /;}ST technical supportnumber; you wi11 resoh a +ratpwt g?tppprt analyst.of whom you maq
ask questions or soak advice rotating to the use of GST sofhvaio. The analyst will. assist you is
- utilizing your GST'so?ltlvare, and in identifying end providing a. work around, if poss1b10. for-any
soRvare problems found with GST apA?vero. l3ST support .aervtces do not include herdivarq
ttenvorir, operating systems, or third party aoihvato.
Support will be provided ?veeltdays from 9:00 a:m. to 6:00 p.m. Pacitie Standard Time, excluding
weekends-and holidays. _
. (b) Response Times: ][a rite event that the End User experiences a erlticst syatea±+ faaa? ?ghich.ahall be
deeanod to have occurred if the system is down or inoperable, meaning that the 13nd User cannot use
the System and/or the System is off line, for longer than 'h hoot, COST she]( reapoad and look into
oorrectiag. the problem itnmediatoly npoa receipt of a call for service sad following :the receipt of
notification sad rdevaat doeaane»tatipn of rho problem. Por all other nos-critical tm'lurns. C}ST shall
respond and attempt to correct tlu: picblem within four (4) boons upon receiptof a call'-for service and
?: following the recetpt:of aoti5cation and relevant documentation or theproblea>_ If problem9 cannot
_ be resolved ?vlthin four (4). hours, >tho problem will be automatically escalated to AppHcatEpn
Teohaical ]:.cad or the VP of product'lvlanagemeat for resolution. Aftec. consultation between the 1/P
*?. ofProduct'Mansgcaleat end support staff, CTST wdl provide a plan of action for resolution to the End
User:
(c) Bug-.flees and Upgrades: dST will grvvide bog-tikes and upgrades to the GST software ?vhenthey
are avat7able at no additional charge daring the term of the nantenance program
Customer name
25C-27
• ?sT
(d) Caaeetlve Ma;?'-..s.,?e: GST ?vIll provide corrections to the supported soR?yare using Internet
connections,. provided you: have a lilgh-speed Internet connection oa your system alio?ving GST
remote access.: during standard support hours.
(e) GST Traioingc Tha Bad Vser mtder software annual maiatananca program receives 5t1%o discounts for ,
all treiltingprogrant4-held aC GST's facDity.
(? So?vara Customization oral F-nhaaoement: The Bnd User undue the aoR?vara .annual maiateaaaca
program receives a 20% discount far any software customization service. Frtd User requested
enttancaT?-^-ta or taodificatioas of GST sofl?varo ax+e not" inofadod in tl?e support plan pried. aST
agt+ees to review requests from the Bad User and to provide a quote for the requested etthaacetttent
based on time sad. cost anticipated.
(g) Excluded Service: Tha.maintenance and support described herein doe not include the cauection of "
soRware f?ilm?es due to causes beyond the conb+ol of GST and occurring without the fault ar
ttegligetica of QST-such as, Uut not limited to act9 of 4od, catastrophe, {aul>;, or ?t:geace of lira End
Ustc, operator eQOr, mampulatiors of thn object or source coda (unions approved; by DST in writLag
prior to such maaipuiation). use or taisuse of the system or any part thereat: Any arch
axchaded service, whether oasita or afP-silo, will 6e provided et the request of the I3nd -User.
oat call rates and terms th in act
(h) Support of Old SoR?vais: Liners ar+a required to fastaL all updated so8wara aad:any bug:fi?ces ? a
. timely manner, including opetatiag system software. If you: tail to 'laeep Your system current, -GIST
may tto longer support your system. GST wilt support old releases of a product for twto years attar
now releases become avatlalifa. For subsequent. years otter neav releases becomes::avalls6le, if
requested by Ettd ,iTsa, (35T tray contimte to support. such old releases for :aa annual, increase. in
supportfee of40%.
-? (? ?psed S!tPpcrt= If the Eud User inteacls to reae?v maintenance after the ps,evious -aaintenance
program iron expired for over hvo (2) months, a suppletttental fee of 50°ib of the annual maintonattoe
shall be due GST for"the first year of ttiaintenance follo?ving your aced for maintenance-again, is
addition oo the maintenance fen already dun herein
(lc) Oa-site appport: On-sate support 3s not covered by the standard software maintecenca support: Per
End User's request, GST avill p?;ovida oa-alts support if GST detP?:?es that such support is repaired
to resolve the'reported prolalem." ]n thin ease, GST will dispatch one or mare members of its support
stab' to your site who will attempt to recreate and. resolve the problem(s) reported. During this lima it
is wtPeeted that metnbes of your staff will bn available to answer questioce and provide ittfa?rmation
re8e?>og your system, if required. Oa-site snpport wIII ba charged sit G3T net c9!• rates and
terms tben'in e[te plas.travel and per diem for GST stallsont oft-s1te.
s
°' III. SYlSTE7Vi MODIFICATION
(e) GST-generated modificaHo <- Changes or.reptocentcnt of the computer equipment, !operating system
and ila related so4tavare, 'or other third party softivara may require aST sof?yere-support and/or
Caatomer Wawa
25C-28
?G ST
sofi?yato modification to allow t3ST products to work with the nets egaiptnent, operating system,
and/o; third party-sothvare. These snpport and/or modification services will be pnivided by GST at i
the Bad User's request. at our then quoted prices.
- (b) 13nd User-generated modifies na: aST wIIl not be responsible. for any damage to your QST r
aeSivare or data caused by upgrades to the. opecating system or replac?P?t ad'.hardwar+e;:without
GST s prior soncucreace-that said upgrade would tLnction.properly. Services required ea e
result of modifications to QST•s systems itYade by the End UsQ ;are not coa.4idered normal ' ---
rnaitttenaaoe and Are iiotara4ided as cart of Q3T•s Ce.fhvw,.. s?.ra...?-:.-....o vmgmm- .
(c) Rxt®al'Svste_.±± Mod'fi??tions• In the event any external system 3s modiTied boyond that aatlcipated ,
by the term of the underlying Sad User License .Agreement, the End User. shall notify GST of Ruch
- cbengas immediately upon receipt ofnotiScatIon 6om the respective entity/entitles and request t>iat
QST prepare a prvposal:to ansleda s Hato sad cost estimate, for.the work to 6e ped'otmed which
constitutes a chengo fivut fhe origineIIy agreed upon configutatian end work description as presented
,? in the underlying Bnd User license Agreement. GST shall.. whin. thirty Cjln days after recedving
said notice, flu?niah a written proposal to the Bnd User provided thts
regn?ed modifieaHons ar+e
comtaecoislly, teohnisally-and practically-feasibly Vp"on receipt ofCiS'I's proposal,'the End User
shall determine whether it desires'tba work to be porSorined, and Tf so shall.: issue a Notfae to:Pn4ceed
within"ten (i0) days, at ?vhieh tir?:(}ST ?vIIl.perform the accessary modifications fnr'the addi£ional
mutually agreed upon compensation:
1V. END USER RLSPONSIBILITIZ3
(a) SoRave_.+? proble_?s and Rrn?ng? The Had User
occaato? when QST agrees to limit use of GST mai?enar?ce service to
systean so$avare fails to operate !n accordance with the product specifieatfons
as deSned la the original putdmsa contrast. To fiicil[tate the problem solving-process, the Sad User
agrees. to assist GST is thou-efforts to duplicate the softwarept+oblem by providing a writtenpmlilem
report. AddiQonally, t3ST:a?ay ask:that yw famish a IisHog ofsoft?vare.problems tether:tbaacalling
on each individual item oya a sboiY period of time so that onraupport team'can better assist you.
(b) The End Uaer is respoaslble for ensudag that all.-amounts payable uncle; the software
a^"'•'1 meinteaaase pitogrem are recefved by C33T on oar before the comment of the
maintaaanca program. 'She End User's fhilure to remit payment to GST for such tzmittteaance
services pr+ovlded or to 6e provided shall entitle GST to deny fiariher trmintenaace services to the Bnd
., User.
(s) 31lldat?? Tho Bnd t.Taer and all users cf GST software eta responstlale for installing all update'-to
' sottwares hardware, and fixes In a timely manner. Failure to !Deep your system updated can, st (3ST•s
sole discretion, result in theinimediate:dlscontian8tion of mairitenenco support,.
C? Svc s,t.:.??tration: The Sitd User is rosponaible fcr id®tifying a, System Administrator, m well
a"s:a bask up System +°?tfminlsttator, ivho tvLl tLnetioa ea CiST•s prizrmry and.aecondary coataotfor
any mainteusnce services to be proVlded under the sofi?vare maintenance laograrn. Such System
Admintstnstor, or, In the absence of the Systems Administrator, ibr back up, shall be C36T's sole
contact for technical assistance, The System Administrator andbacimp System Administrator-must
Customer name
3
fi
25C-29
?sT
i
be trained in tho administration of computer hacdtivare, operating system, nehvoddng, and database.
-GST support staff' will assist you In identifying system problems as a t1»totioa of maintenance
support. However, 3f a problem is identified as a system administraliorn responsibility, further
asslsmnce prom GST support staff Is bDled at our then crrrrant hourly rates and terms.
v. WARRAlVTIEs
(s) :Limited Warranty for Se_?cas Any services being provided to the End User in accordance with
tl?e softsva??ymaintana_??a program era otFered on s best-ef!'orts .basis only,. QST may. not be aBla to "
resolve service request'-made. Although CJST wilt attempt to provide some guidance and
direction, GST Ts sot responsible for resdvirrg issues related tb uet?varlrs, operat7rtg systems, back-
end databases cr hardware. It is the End User's respoasibr7ity to keep adequate data backups. GST
svilJ aotbe responsible for any tort data.
ALL OTH>VR WARRANTTEg L7t [putrr:? IIYIPLU? OR STATUTORY, INCLIIDING ANY
-.. WARRANTY OF MERr`trw*rrwu?Ty OR RiTNE83 FOR PARTICULAR PURPOSE, ARE
HEREBY EXCLUD]3D.
VI. LIMITATION OR LIABILITY
The End User's -sole and ®cclusiva remedies for'any.damage ar loss in any ?vay connected with any
software or servicr? a+.,.:at,-.r by QST,. after acceptenca of the GST software system, whether by QST's
breach of warranty, negligence, ar any other breach of any other duty,. shall be, at QST option,
replacameat of. the sofhvara or ro-parformenco of servioe or return or credit of en appx+oprtate porttori;of
any payments nmde; or to ba .made, to GST with .respect to -such soR?vare or services. Under no
?n'+!nlst-++^-Q. shall- CiST be liable to you m any other person far a s eats lucid
rry p 1, aural, indireot:.or
con?equsntlal damages of suy cbaiader, inelt:diag, without limltatlon, damages for loss arf good will,
?k BtoPPa80. oomputar faihae az malfunction, or any and all other commercial damages or losses, .even
- if GST has been ;advised of ffia possibility of such potential loss or damage.
VII.CHOICE OF LAW
Interpretation ofthis Agrearnent shall be governed by the Jaws of the State of California.
VIII. STATUTE OF LIMiTATIOIYS
.{
' No-acfioa or claim relating to ai; ariswg out of the software annual maintanaaca program may. be
iffitituted more than one (1) year after the event giving rise to such action or claiYn.
i
i
C?utomer name
i
4
i
25C-30
C
EaCI?IBIT' E
SAPD CUSTOMIZED CR17V7EMAP REPORTS
GST Scrfot?lteaaest
• W??Y Activity ?P? - Query ofprevious week Monday to Sunday -for the
following:
o Map Portion
• Calls For Service -Graduated Color Map
¦ Observed Activity -Graduated-Color Map
¦ Homicide - Dot/Point Map
¦ Robberies - Dot/Point Map
Assault with a Deadly Weapon - Dot/Point Map
• Shooting into an 0ocupied Dwelling - Dot/Polnt Map
• Rafe - Dot/Point-Map
¦ Comazercial/Residantial Burglary - Dot/Pofat Map
¦ Vehicle:Burglary-Dot/Point?Map
¦ Stolen Vehicles - Dot?Point Map
• Trall"ic Collisions - Dot/POini'Map
Alarm Activations - Dot/Point Map
` Doayestic Violence - Dot/Point Map
¦ Disturbances - Dot/Point Map _
o Chart Portion (Sample Attached)
• All the above categories with the fallowing breakdowns
• Total Number of (Category). for this week (Conant Year)
• Total Number of (Category) for this week (Previous Year)
• Percent Change +/-verse this week last year
• Percent Chango -}/- verse last week
• Percent Change +/- eery-c last 28 days
• Category broken down by Day of Week by District -
Displaying Percentage. of Category corresponding to each.
District and Totals for each'Day cad for each.Distcict
• Category broken down by Watch 1 or Watch 3 bry District
and Totals for each District and Watch
• Pie Chart Displaying Watch breakdown -Watch 1 verse
Watch 3
Bar Charts Displaying:
o CategoryByDay of Week
o 'Category By District
o Category Trend (A11 52 Weeks Displayed)
• Monthly Activity Report -Query of Monthly Activity for the following:
o Map Portion
F4'.
?'` `a
25C-31
Calls For Service - draduated Cobr Map. '
¦ Observed Activity-Graduated Color Map
¦ Homicide - DoNPoint Map
n
< ¦ Robberies - Dot/Point Map
¦ Assault with a Deadly Weapon - Dot/Point Map
_ Shooting into an Occupied DweIIing - Dot/Point Map
Rape - Dot/Point Map
¦ Commercial/Reaidential Burglary - Dot!Point Map
¦ Vehicle Burglary- Dot/PointMap
• Stoiea Vehicles - DotA?oint Map
¦ Tistl"ic Collisions - Dof/Point MaP
Alarm Activations - draduatcd Color Map
' ? Domestic Violence -Graduated Color Map
¦ Disturbances - Graduated Color Map
o Chart Portion (Sample Attached)
" All the above categories with the following breakdowns
• Total Number of (Category) for this Month "(Cnrrecrt Year)
• Total Humber of (Category) for this Mnaeh (Previous Year)
• Percent Change:-N- tierce this month last yreer
• Category Year to Date (Current Year)
• Category Year to Date (Previous Year)
• P
ercent Change +/_ verse yam. to Date
• Category broken -down by Day of Week by District -
Displaying Percentage of Category corresponding to each
District and Totals'for each Day and for each District
• Category broken down: by Watch 1 or Watch 3 by District
and Totals for each Iistrict and Watch
• Pie Chart Displaying. watch breakdown -Watch 1 verse
Watch 3
• Bar Charts Displaying.
o Category By Day of Week
o Category By District
' o Category Trend (All 12 Months Displayed)
• Parolees with Photo Citywide
o Parolees at 7rarge with photo by District
o Parolees to be Released with Photo by District
• Probationers with Photo By District
o Probationers subject to Search and Set?+•*p with Photo
o Probation Violators with photo
• Recent Bookings with photo
o Adults
o Juveniles
• Onestsnding IFeloay Warrants with photo Citywide.
o long: Members with Photo with Felony Warrants
• Registered Sex 08'enders Citywide with Photo
ri1
?.
?J
25C-32
• Sex Offenders with Photo In violation ofrequired registration
• Repeat Gaits for Service - 30. day period -with Graduated Symbol 1VIap -and
report which includes total quantity per address and Bar Chart
• Threshold Analysis ofthe Activity Report Categories
• Field Interview Report '
,'_,? ?,
'aY,
25C-33
?GST
GeoSpallal 7'ochnotog/es• Inc.
R?RTRIT F
GEOSPATIAL TE?HNOLgGIES, INC.
END USER LICENSE: AGREEMENT (EULA)
IIVIFORTANT: DO NOT' INSTALL TIC ENCLOSED 30FT'WARE
UNTIL -YOU SAVE READ AND AGREED TO THIS I.ICEN$E AGREEMENT.
his b a 1leease agr?teot (Agtemnenp betw.eot )oft (Llceases). cad t3ooSpatial Tahndogia. ino. (OS7?. By imts?iog tl>a software
aPp. youam em??ttag b the terms of this I!e®e. IFyou do sot epee b the leans of this noa•ermtwlva Lieame Agreement, DO
NIOT71k3rAt_r- T'HE SO1rlVVYARL FOr a fVri rofbod, realm tlm SoRwam end aD aoeampmying materials wllhiA aeVea (7) days b toy
loeationwlmrs yon obtained prem.
1383BRVATfOPt AND OWNER8A7P AND GRANT OF iC®VSB.
QSr mmios eJcdmlve pde etW oavnership of the 3ofhvate appifeattoa lioeaaed fader this Agreerrtenr and, hereby, gFOab io I3eensee a
Flt?l. dent®-e?eclosive, noo-ttanafereble lioeote tight to toe the 3o@waro appiieepoa baAd as the tmas aad ooaditioas of tlus A?eaneot
ualon diafri• Lieattsee agtem to use reasonabb elfott topmteet the 3oRwem epptleatbrt from anyvpeut}rorisedvke,
mA+!od bt+, or pabltoatioa. All rights not apeetRtally ?ntea in this Agrosnrent ere reserved to DST.
irfy P AMrTr'R•+
Bleenaee ?7+sme the number of eopiae of the SoRwaro application for which license fees have been paid on each Software applieslioo.
778Ii81'Q'81'PEt27?tt1R ED.
Lieeireee sltatl ttot:aell, t?euq lease soblleeme; lend, ttssigo, ttmo-shere,:or trmtsle , in whole or is part, or piovIde uettcattaed thhd
- psrLm access toprtor or prtsottt veraloas ofetre Sofiwero oppJicatfoo, ony.ripda}e;.? IJet:rrnoh tigltb under this Agteemeot.
• Lieemee;lam not iewatsw eagraeer, datompilq os dtsasaetable the SoRwxrs appli?speeq or make arty atlampt b tmlodc?.ar b)4?ab the
aoRwete loaYmdo and /or hasdv+ate hey useq, as oppU®ble, sublet to heal law.
• );3oeosee b1rsU >m! make addipoaal coptm oftlm Software appl[capon bbyoad that de;eiibod la We l)sas Fetmdlted seetioa above:
• ISoansee a1raLL trotaemove or obsgae aay (337' eepyrigbt or trademark aattoea
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TI]e Agtament abs1L eutomepeal>,y teamlapb wlthmtt aotiee If r j•?-•••-- £a3ia b oompT,y, wipr anyptov3aioa of this ?•,+?+.?.• Lieeatsee
ahaU time m(mta b t'aSr the Software appliotim, apdates, cad aay whole corpatpal copies. coda. toodlficationa, and mergedporl3am fn
®Y? T'he h?bY.sgRe that all provlslonswbidr o3xtare to protect the rights ofCiSr shell remain in foreaastronld bceadr oeetu
•.p....--.,...?.?..?.orape¦oaw.maetytyV)mysRUmaseda[eofteeeipLO37`kentlreLsblliryandLiem?seebmmUoiw.
ttnrmdy es Ua the Softtvate?applieoflari or tdafcd raateitafs ahdl be, of QSISt option, ether (e) ncputtoftlts patdlieenae fJta or (b). -
.. replaee:trtaot df Qie Software ttppllealion. The'Spftwate appltcatien te-ptwiided•as is". CiS'I'doasrwt warrmit, gvamntae ortaakaany:
?? tti?rees?. tfapoas,;egata7Fagtirs rue, or fltn eomlts ofmR of the Software, date, of telafod materiaik In terms ofeorteetrres„-soetaaoy,
mliehnity a otlietwtsa l?ttter GSl'tror anyone else wttoltes been invialved in the eieapoty laodrretioa, or delivery oFthe Software
npp? ton shat 6e liabi¢ Itor anY dltect. icdiaecS eoosegaenfiai, or inddeatal demagps (indnding damages for iosa of ten p?rcllR
Lttemtpltoa. leers oFbualneas information, and file ltke) aridng outof toe mo, rrdstuo, or InebilQyto traa a G37' pzodaet event[
C33r has been aitvI+xd ofthe poasibllity ofweh dnnt?ges t3eeauw spore states do twl allow the eareluden or limitation ofliablitty for
e ot• hrdden4d deamgm, tha above limitation ttmy trot apply to pmehasas to weh slates.
A>?ment fs bytho laws of We tutted States ofAmedea sad the State otC?lifom3a without tefermeeAO o®fliet of taws
pdaelptes
rNDHMN[RI A7'ION
13ooosee will, eF ib aole.omt arod eupettge, irtdernnlty. and hold QST end ib o9ioere dinxtor=, empi0yeas, raaoiloes, pgRnta, art end
B?fina Lamtlesafrom cod agalastarry and all dolma, loaaoa, damages, j' v?.•, Qoab and e?vssm (itmlVd{ng attorneys. Bma) adshtg
? ? sat ofor related to f3c®see's viniaelao o[tlte cams of this.A?reeatant or the vlolatievt of the terms of lhls Agreement by agypeaon vfio
.. furs amass Do the sottwaa application through l:teestsero. - -
7Se'?p4,ilm agree that bfs-tbaatltutes rite sole sad enlbe
a8?ars. egrtreeoert of the ptutlds es re the metteraet tottit-he:efn rend sppetsades soy.
emderatandlpior,'aad anaagemeab 6etweea the parties mlaHug: hereto and L eH4ctive, valid.aad bitd"mgvpon pre
t
25C-34
3130 S. Harbor Bhid. 8ufte 430
G ? ? Santa.4na, CA 92704 -
Phone: (7'14)+734-8936
Fax: (714) 434-8937
GeoSpatial Technologies, inc.
EXHIBIT G
Quote for
.Santa Ana Police Department g?q?l
GtSi P to t3a sty sy m slangs dng
Pert ? QTY un ce Amount
- DST Cr4naMeP Pro 6.0, GST CrlmeMap Ute, and GST
.?aBle SlN-?tM-ELMS CltmaMap Md?IIa IlydhnRed Stta I..ICerae (NGIa 9) ? S C? CI.I, M ! aw s?
t33T CrtrneMap Remote tmptamentatton (Hide 4) Weivad Wrl I
X1/SVR-!/VST-t4flAV Settle Arta t? O S 4 !500.00 S
-?+ 'SeMee 8V YA-TR:9TN CiST tAtrrtei\tap On-ells T¦ah+Hm friar dav) ¦ , a c.uw_w ¦ 3 d nnn ,
1 _ _ 1 ?$mvT^I
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? The uetl7mFted dta Ifoerme eHovra Ore a8.anaY lb Irtalell aced use the Haled t33T sanvvara prodtrda tvlttrout QmlleHon Tire unHmlted
alts Qeeilae sari ony M used by Pa?+urel wlllltrl Sartle Ana POHee Qapartrt¦am.
2 SolbArare Iloenaes are •ubJed to appgmWe salsa tax uNese a apeditc eucemptlon elatue Is N place.
3 Arxnatl OAaditlartenos Fea (AMf7 for l3ST eoflwa¦e Is 2096 of iheortgtrrol Heense tae.
AMF paid d[aM le anttlled to tarJV?leal support through entail and teteptwne (M-F, 9:OOANl@OOPM, PS'n,
ooRwoare upgrads?g through ills Yea .end discounts for C38T lretning Programs end watornlzaUOn ssrvloes.
_ 4 SA?a PtuU provide OST Wtth remote access t0 ImptemaN 09T GTImeMep database end SOfltMBre.
s PHees slated above are good for rYrrety (ems dsye from the data of this quolauon. -
PaS%mers Temps
8dasene: Cleanse teas moat t¦e patd m full prior b trnphxnentafbon.
_ SarvlDeC Dire upon recelpl of trnroloa xfian servlee has Seen delNerod.
AMR Payment mual be made In hm prior to oommerteemer¦t of esdt '12artonth plod.
Trainhrg:-Payment must be made in 1Yr11 prior to eltartdlrtg OST training pro9rama
,R
'R. {
25C-35 '
1
.ATTACHMENT 2
- ADDITIONAL INSLmtzn ENDOR??'r'
FOR COMMERCIAL GENffiL??_? L En ITY POL ICY
Insurance Company
This endonaement modifies such insurance as.is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic :Center Plaza, Santa Ana, California 92701; its
- officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds'? with regal to liability and defense ofsnits arising from the operations
-and uses;pe?tfonned.byor anbehalfofthe-named insured:
'T 2. With respect to claims arising out ofthe operations and vase perfoaned by or on
? behalf of the named insured, sgah insorenoe as is afForded by this policy is pruaaryaad is not
additional to or contrilinting with any other insurance carved liy or fns the benefit of the
additional insureds.
3. This insurance-applies separately#o each insured against whom claim is made or
suit is brought. except with respect to the company's limits of liability. The inalusioa of any
person or organization as an insured shall not affect any right which such; person or organization:.
would have ss a glaimant:if not so inciuded.
4. With respect to the additional insureds, this insurance shall not be cancelied,.or
materially reduced in. coverage or limits except alts; thirty (30) days written notice has been
given to the Csty of Seats Aua, ZO Civic Center Plaza, Santa ,Ana, Cal;forma 92701.
(Complotioa of the following,'including co?ntereignatnre, is required to malts this endorsement
effective.).
Bfl'ectiva this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
,:1
??:' -:.
25C-36
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
AGREEMENT WITH ORANGE COUNTY
THERAPEUTIC ARTS CENTER TO
PROVIDE INSTRUCTIONAL SERVICES
TO THE POLICE ATHLETIC AND
ACTIVITIES-t.FAGUE PROGRAM
1 1
+r V ?k {
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15t Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Orange
County Children's Therapeutic Arts Center (OCCTAC), subject to non-substantive changes
approved by the City Manager and City Attorney, to provide instructional services for the
CaIGRIP Grant Program in an amount not to exceed $32,000 during the two-year term of the
agreement.
DISCUSSION
At the April 18, 2011 City Council meeting, the Fiscal Year 2010/11 California Gang Reduction,
Intervention and Prevention grant funding of $369,309 from the State of California, Office of
Emergency Management Agency was approved. This grant funds the City's Police Athletic and
Activities League (SAPAAL) program which is a collaborative effort between government
agencies, educational partners and community based groups to reduce gang affiliation and
promote positive alternatives for our youth. This two-year grant funding has the goal of
increasing participation of at-risk youth by as much as 20% a year. Under the terms of this
agreement, the City is recommending that $36,000 of the funds be given to Orange County
Therapeutic Arts Center who will serve as one of the educational partners. The OCCTAC will
work to create positive educational avenues for our youth in the City's South Policing District.
FISCAL IMPACT
Funds are available in the CaIGRIP grant account (15514412-62300-10480001127)
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
INs
Francisco Gutierrez ??
Executive Director
Finance & Management Services Agency
2501-1
25D-2
AGREEMENT BETWEEN THE CITY
OF SANTA ANA AND THE OC CHILDREN'S
THERAPEUTIC ARTS CENTER
THIS AGREEMENT is made and entered into this day of
2011, by and between the OC Children's Therapeutic Arts Center (hereinafter
"Contractor and/or OCCTAC"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS:
A. The Santa Ana Police Department and OCCTAC (hereinafter collectively referred
to as "the parties") intend to implement a Santa Ana Police Athletic and Activity
League (SAPAAL) program (hereinafter "program") to work together toward the
mutual goal of reducing gang violence and gang crime in the target are identified
as policing grids 86, 87, 106, 107, 126, and 127 in the South Coast Policing
District. -
B. The Parties intend for this program to be in effect for the life of the grant,
specifically from 01/O1/11 to 12/31/12.
C. Both parties believe the implementation of the program as described herein, will
further this goal. To this end, each party agrees to participate in the program, if
selected for funding, by coordinating/providing the services as identified below.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Except as may be herein amended under this Agreement:
a. Contractor will provide services as set forth in Exhibit A, attached hereto and
incorporated by reference. Any services performed by Contractor prior to the
date of execution of this Agreement shall be included within the Scope of
Services of this Agreement.
b. Both Parties shall comply with the roles and responsibilities as set forth in Exhibit
A.
2. COMPENSATION/TRANSFER OF GRANT FUNDS
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, 530.74 per hour during the term of the Agreement for the instructional
25D-3
services provided as set forth under `°1'ransfer of Grant Funds" in the attached
Exhibit A.
b. The total amount of funds for the life of the grant and the total sum to be
expended under this Agreement is not to exceed a total of $32,000.00 during the
entire term of this Agreement and shall not exceed $16,000.00 per year during the
term of this Agreement.
c. Funds will be transferred once a month by City within thirty (30) days following
receipt of a proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet the
standards of performance set forth in the Recitals that may be reasonably be
expected by City.
SOURCE DOCUMENTATION
Contractor will have access to all information needed from the Santa Ana Police
Department to meet OES reporting requirements.
4. TERM
This Agreement shall commence on January 1, 2011 and terminate on December
31, 2012, unless terminated earlier in accordance with Section 11, below.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Contractor performs the services which are the subject matter of this
Agreement; however, the services to be provided by Contractor shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury, including
2
25D-4
death, resulting there from and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement. The
amounts of insurance shall be not less than the following: single limit coverage applying
to bodily and personal injury, including death resulting there from, and property damage,
in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a
fully executed additional insured endorsement containing the following clauses:
1. "The City of Santa Ana, its officers, employees, agents, volunteers and
representatives, is added as an additional insured as respects operations of the
named insured performed under contract with the City of Santa Ana."
2. "It is agreed that any insurance maintained by the City of Santa Ana shall
apply in excess of and not contribute with, insurance provided by this policy."
b. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
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.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability for
personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including death, and claims for property
damage, which may arise from the Contractor's acts of negligence or willful misconduct
in the performance of this Agreement.
25D-5
8. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
City of Santa Ana Police Department
Attention: Officer Torn Serafin
60 Civic Center Plaza
P.O. Box 1981
Santa Ana, California 92702
telefacsimile (714) 647-6591
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile 714-647-6515
To Contractor: OC Children's Therapeutic Arts Center
Attn: Dr. Ana Jimenez-Ham], Director
2215 N. Broadway
Santa Ana, California 92706
714-547-5468
telefacsimile 714-564-9690
A party may change its address by giving notice in writing to the other party.
"Thereafter, communication shall be addressed and transmitted to the new address. If sent
by mail, communication shall be effective or deemed to have been given three (3) days
after it has been deposited in the United States mail, duly registered or certified, with
postage prepaid, and addressed as set forth above. If sent by telefacsimile,
communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile
machine, addressed as set forth above. For purposes of calculating these time frames,
weekends, federal, state, County or City holidays shall be excluded.
9. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
25D-6
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other contractors retained by City.
11. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Contractor shall be entitled to receive and the City
shall pay Contractor compensation for all services performed by Contractor prior to receipt
of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor
to deliver to the City any written Findings and Determination for any case in
which Contractor has served as a hearing officer, and in such case such Findings
and Determination shall be the property of City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
12. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
13. JURISDICTION - VENUE
25D-7
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.
14. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately and in writing of its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
15. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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
PAUL M. WALTERS
Interim City Manager
APPROVED AS TO FORM:
OFFICE O THE CITY ATTORNEY
Teresa-L. Judd
Assistant City Attorney
OC CHILDREN'S
THE PEUTI , RT§ CENTER
Na 'e:
Title:
25D-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
SECOND AMENDMENT TO AGREEMENT
WITH CROSSTOWN ELECTRICAL ? DATA,
INC. FOR CITYWIDE COMMUNICATION
AND CCTV SYSTEMS MAINTENANCE AND
SUPPORT SERVICES (MEASURE M)
(PROJECT NO. 106720)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
0 As Recommended
? As Amended
? Ordinance on Est Reading
0 Ordinance on 2ntl Reading
(] Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a second amendment to the
agreement with Crosstown Electrical & Data, Inc., extending the agreement to June 30, 2012 in the
amount of $25,000 for a total amount not to exceed $75,000 subject to nonsubstantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Traffic Management Center (TMC) is a computerized traffic signal system that
controls all traffic signals and the associated Closed Circuit Television (CCTV) network in the City.
This system utilizes twisted pair cables, fiber optic cables and other methods to provide
communication between the TMC and field equipment. This communication system requires
routine maintenance and emergency repair due to malfunctions or damage during construction.
City staff and the current signal maintenance contractor do not have the expertise and equipment
to perform these specialized services.
Crosstown, with their extensive experience and knowledge in the communication system field, has
been providing excellent services to the City in repairing and maintaining the communication
system. Crosstown has been on contract with the City for maintenance services for many years;
their current contract with the City expired on November 15, 2011. Staff recommends that the
contract with Crosstown be extended to June 30, 2012 in the amount of $25,000 for a total amount
not to exceed $75,000. The extension will provide continuous maintenance services until the end
of fiscal year during which time the City will solicit proposals from all qualified contractors for a new
maintenance contract.
25E-1
Second Amendment with Crosstown For
Citywide Communication and CCTV Systems
December 5, 201 1
Page 2
FISCAL IMPACT
Funds for communication and CCTV systems maintenance and support services in the amount not
to exceed $25,000 is available in the Public Works Agency account for traffic signal maintenance
(accounting unit no. 03217660-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
C??1?-?-
Raul Godinez II
Executive Director
Public Works Agency
RGNN
Francisco Gutierrez F%
Executive Director
Finance & Management Services Agency
Exhibit 1. Amendment
25E-2
SECOND AMENDMENT TO
CONSULTANT AGREEMENT
THIS AMENDMENT TO CONSULTANT AGREEMENT is entered into this 5`?'
day of December, 201 1, by and between Crosstown Electrical 8t Data, Inc., a California
corporation ("Consultant") and the City of Santa Ana, a charter city and municipal
corporation of the State of California ("City").
RECITALS:
A. The parties entered into Consultant Agreement A-2008-308, dated November 17,
2008, (hereinafter "Agreement") by which Consultant has provided maintenance and
repair of CCTV, Communication Systems, CMS, TMC equipment, twisted pair and
fiber optic cables for the City.
B. The parties hereto desire extend the term of the Agreement to allow time for the City
prepare a Request for Proposals and enter into a contract for the provision of the
services, and to add compensation to pay for services during the extended term.
WHEREFORE, in consideration of the covenants contained in the Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
Extension of Agreement, the parties agree as follows:
Section 2.a. "Compensation" shall be amended to increase compensation by
$25,000.00. Said section shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit A to said Agreement. The total
sum to be expended during the extended term from November 16, 201 1 through June
30, 2012 shall not exceed $25.000.00."
2. Section 3, "Term" of said Agreement, shall be extended through June 30, 2012.
Services provided from November 16, 201 1 shall be included within the Scope of this
Second Amendment to Agreement.
3. All other terms and conditions of said Agreement shall remain in effect and
unchanged.
///
///
1
25E-3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Consultant Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By: Laura Sheedy
Assistant City Attorney
CROSSTOWN ELECTRICAL 8c
RECOMMENDED FOR APPROVAL: DATA, INC.
RAUL GODINEZ II
Executive Director, Public Works Agency
DAVID P. HEERMANCE
Regional Director
2
25E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
MITIGATED NEGATIVE DECLARATION
NO. 2011-83 FOR WILLARD
INTERMEDIATE PARK IMPROVEMENTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
0 Ordinance on 1sc Reading
? Ordinance on 2"tl Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt Mitigated Negative Declaration for Environmental Review Nos. 2011-83 (Willard
Intermediate Park)_
DISCUSSION
On October 3, 201 1 , the City of Santa Ana and the Santa Ana Unified School District entered into
a Reimbursement and Joint Use Agreement for the development of a park site at Willard
Intermediate School. The improvements included a synthetic turf sports field, tartan running track,
sports lighting, basketball courts, play equipment area, restroom, security lighting and fencing. The
district will manage the design and construction of the park with their school modernization project.
Funding ($4.4 million) is available from Proposition 84 Statewide Park Improvement Grant. The
park construction is estimated to begin in summer 2012 and be completed by winter 2012.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempted
from further review. Mitigated Negative Declaration Review No. 2011-83 (Willard Intermediate
Park) will be filed for this project.
FISCAL IMPACT
No fiscal impact is associated ith this action.
Gerardo Moue J y Trevino,
Executive Director Executive Director
Parks, Recreation and Planning and Building Agency
Community Services Agency
39A-1
39A-2
REQUEST FOR
COUNCIL ACTION ''???
_?
?._? r
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
DECEMBER 5, 2011
TITLE:
RESOLUTION AFFIRMING THE
ADOPTION OF MEASURE M2 YEAR-
END EXPENDITURE REPORT
i
C ? c?,???
CITY MANAGER
RECOMMENDED ACTION
APPROVED
Q As Recommended
? As Amended
? Ordinance on 'I? Reading
? Ordinance on 2ntl Reading
Q Implementing Resolution
Q Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the Measure M2 Annual Expenditure Report and authorizing the
City to submit to the Orange County Transportation Authority as required by Measure M2.
DISCUSSION
Each year local agencies are required to submit documentation to the Orange County
Transportation Authority (OCTA) to obtain and remain eligible to receive Measure M2
Comprehensive Transportation Funding Programs (CTFP) Funds. Among these requirements, the
City is required to submit ayear-end Expenditure Report. OCTA has requested a resolution that
acknowledges Council's adoption of the Expenditure Report.
The Expenditure Report is a detailed financial report submitted by each jurisdiction used to track
financial activity as it relates to Renewed Measure M2 and other improvement funds. The report
accounts for receipt, interest earned, and use of Measure M2 and other funds. This report is used
to validate eligible use of funds and must be submitted within six months of the end of jurisdiction's
fiscal year.
FISCAL IMPACT
Adoption of the resolution will enable the City to continue to receive approximately $3.8 million
Measure M2 Fairshare funds each year and to be eligible for CTFP funding administered by the
OCTA.
APPROVED AS TO FUNDS AND ACCOUNTS:
. ??
Raul Godinez II Francisco Gutierrez ???
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
Exhibit: 1. Resolution rJrJQ-?
55A-2
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING THE FY 2010/11 MEASURE
M2 EXPENDITURE REPORT FOR THE CITY OF SANTA
ANA
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. Orange County Local Transportation Authority Ordinance No. 3 requires
local jurisdictions to adopt an annual Expenditure Report to account for
Net Revenues, developer/traffic impact fees, and funds expended ley local
jurisdictions which satisfy the Measure M2 Maintenance of Effort
requirements.
B. The Expenditure Report shall include all Net Revenue fund balances,
interest earned and expenditures identified by type and program or
project.
C. The Expenditure Report must be adopted and submitted to the Orange
County Transportation Authority each year within six months of the end of
the City's fiscal year to be eligible to receive Net Revenues as part of
Measure M2.
Section 2: The City Council of the City of Santa Ana hereby finds that the
FY 2010/11 Annual Expenditure Report is in conformance with the M2 Expenditure
Report Template provided in the Renewed Measure M Eligibility Guidelines and
accounts for Net Revenues including interest earned, expenditures during the fiscal
year and balances at the end of fiscal year.
Section 3: The City Council adopts the Annual Expenditure Report, and
authorizes the Executive Director of the Public Works Agency, or his designee, to
submit the Expenditure Report to the Orange County Transportation Authority.
Page 1 of 2
55A-3
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:
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. 201 1 - to be the original resolution adopted by the City Council of the City
of Santa Ana on 201 1 .
Date:
Clerk of the Council
City of Santa Ana
Page 2 of 2
55A-4
REQUEST FOR
COUNCIL ACTION '_
CITY COUNCIL MEETING DATE: ??
DECEMBER 5, 2011
TITLE:
CLERK OF COUNCIL USE ONLY:
APPROVED
PUBLIC HEARING -VARIANCE NO. 2011-10 TO REDUC
THE LOT FRONTAGE AND ABANDONMENT NO. 2010-0
TO VACATE A PORTION OF CONCORD STREET SOUTH
OF FRUIT STREET TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution approving Variance No. 2011-10 as conditioned.
2. Adopt a resolution vacating a portion of Concord Street south of Fruit Street.
PLANNING COMMISSION ACTION
On October 1 O, 201 1 , the Planning Commission recommended that the City Council adopt
resolutions approving Variance No. 2011-10 as conditioned and Abandonment No. 2010-03, by a
vote of 6:0 (Aldererte absent) to allow the construction of two single family dwellings at 719 North
Concord Street (Exhibit A). Since the abandonment is an integral part of the project for which a
variance was requested, and to avoid segmenting the project, the Planning Commission deferred
the variance approval to allow the City Council the ability to review the project in a
comprehensive manner.
DISCUSSION
On November 7, 201 1 , the City Council adopted a resolution declaring the City's intent to vacate
a portion of Concord Street south of Fruit Street. The City of Santa Ana Redevelopment Agency
(Agency) is requesting that the City vacate a portion of Concord Street south of Fruit Street
(Exhibit 3 of Exhibit A). The area being vacated will be combined with two landlocked parcels
owned by the Agency and reconfigured through a lot line adjustment for the development of two
single-family residences (Exhibit 4 of Exhibit A).
The utility companies, other government agencies, and City departments have been advised of
the street vacation, and do not object to the street vacation. An easement will be granted to the
City through a separate instrument for the sewer main line crossing the vacated area and the two
parcels.
? As Recommended
E ? As Amended
3 ? Ordinance on 1s' Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
75A-1
Abandonment No. 2010-03
To Vacate a portion of Concord Street
Variance No. 2011-10
December 5, 201 1
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
further review. A Notice of Exemption for Environmental Review No. 2011-140 will be filed for this
project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
??
M. Trevino
Executive Director
Planning & Building Agency
??
Raul Godinez II
Executive Director
Public Works Agency
LL\Reports\va20'1 ?-? O-abn2010-3-£nal
Exhibits: A. Planning Commission Staff Report
B. Resolutions
75A-2
REQUEST FOR
Planning Commission Action ? .. ? ??
'? ?::
PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY
OCTOBER 10. 2011
TITLE:
PUBLIC HEARING -FILED BY THE SANTA ANA
REDEVELOPMENT AGENCY FOR ABANDONMENT
NO. 2010-03 TO VACATE A PORTION OF RIGHT-OF-
WAY AND FILED BY HABITAT FOR HUMANITY FOR
VARIANCE NO. 2011-10 TO REDUCE THE MINIMUM
LOT FRONTAGE TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
Prepared by Lucy Linnaus
ic--G?-c?¢.vl ??Z ?9?2?
Executive ctor
RECOMMENDED ACTION
Recommend that the City Council:
APPROVED
O As Recommended
O As Amended
? Set Public Hearing For
DENIED
D Applicant's Request
O Staff Recommendation
CONTINUED TO
Planning Manag
1. Adopt a resolution approving Abandonment No. 2010-03.
2. Adopt a resolution approving Variance No. 2011-10 as conditioned.
DISCUSSION
Request of Aoalicarst
The City of Santa Ana Redevelopment Agency (Agency) is requesting approval to vacate excess
right-of-way that was formerly Concord Street in order to incorporate the property as part of a
proposed housing development at 719 North Concord Street. In conjunction with this request,
Habitat for Humanity is requesting approval of a variance from Section 41-237(b) of the Santa
Ana Municipal Code (SAMC) to reduce the minimum lot frontage of two remnant parcels and
develop each with one single family dwelling.
Proiect Location and Site Description
The proposed project site is located on the southeast terminus of Concord Street, a cul-de-sac
street, south of Fruit Street, and north of the Santa Ana (I-5) Freeway. The site is comprised of two
landlocked remnant parcels totaling approximately 13,754 square feet. The northern parcel
(Parcel 1) is approximately 7,250 square feet in size and the southern parcel (Parcel 2) is
approximately 6,504 square feet in size. The remnant parcels are roughly rectangular in shape and
are currently vacant. In addition, the area to be vacated and conveyed back to the property owners
is approximately 3,714 square feet. This area is an unimproved portion of Concord Street, south of
Fruit Street and is irregularly shaped (Exhibits 1, 2 and 3).
Exhibit A
75A-3
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 2
Pr?ect Description
Habitat for Humanity is proposing to develop two single-family residences on two parcels. Each
parcel will be combined with the adjacent area to be vacated, and will be reconfigured through a
Lot Line Adjustment into two legal lots.
Parcel 1 will be approximately 8,712 square feet in size with 48 feet of street frontage (as
measured from the rear of the front yard setback) and developed with one single-family dwelling.
The proposed home on Parcel 1 will be 1 ,388 square foot, two-story, 3 bedroom and 2.5
bathroom residence with atwo-car attached garage. Parcel 2 will be 8,756 square feet in size
with 15 feet of frontage (as measured from the rear of the front yard setback) and will be
developed with one single-family dwelling. The proposed home there will be a 1,50?? square foot,
two-story, 4 bedroom, and 2.5 bathroom unit with atwo-car attached garage (Exhibit 4).
Due to the width of the lot, only one driveway will be provided to serve both lots. The driveway
will lead to a motor court that will serve both garages. Architecturally, the developer is proposing
a contemporary interpretation of the Craftsman style with an ample front porch, tapered columns,
exposed wood rafters, and siding cladding, which is compatible with the existing development
within the neighborhood (Exhibit 5).
Project Background
The subject parcels and a portion of Concord Street were acquired by the State of California
(Caltrans) to accommodate the widening of the Santa Ana Freeway (I-5). At this location, only
portions of the tots and street were used for freeway widening purposes, leaving the remaining
pieces of the parcels and street as excess property. As part of the freeway widening project,
Caltrans improved the end of Concord Street by constructing a cul-de-sac.
The excess parcels were acquired by the Agency for future development and are currently
vacant. As owners of the excess parcels, the Agency also holds the underlying fee ownership to
the excess street right of way, with an easement in favor of the City for street purposes. With the
street abandonment, the easement will be extinguished. The development parcels, combined
with the area of the street being vacated will result in a developable parcel.
General Plan and Zoning Consistency
The General Plan land use designation for the site is Low Density Residential (LR-7)_ This
designation applies to areas developed with lower density residential land uses, primarily
characterized by single family homes. The allowable maximum development intensity is seven
units per acre. The proposed project is consistent with this General Plan land use designation as
it will be developed with single family homes at an intensity of less than five units per acre. The
site is surrounded by residential uses to the north, east and west, and the Santa Ana Freeway to the
south.
75A-4
Abandonment No. 2010-03
Variance No. 2011-10
October 10, 2011
Page 3
The zoning for the site is Single Family Residential (R-1 ). The R-1 zoning district allows for
single family dwelling in lots with a minimum lot size of 6,000 square feet and EO foot street
frontage. Since the lots will have a frontage that is smaller than required, a variance is
requested.
Proiect Analysis
Abandonment Request
The ability to review street abandonment projects is regulated by the State's Streets and
Highways Code. This law states that if the proposed vacation of a street is within an area for
which a general plan is adopted by a local agency, the legislative body of the public entity shall
consider the general plan prior to vacating the street. The City Council has delegated to the
Planning Commission the function of reviewing and making recommendations on items affecting
the general plan. As a result, the applicant is requesting that the Planning Commission make a
determination that the project is consistent with the general plan.
The area of the proposed street vacation has a General Plan land use designation of Low
Density Residential (LR) and a corresponding zoning designation of Single Family Residence
(R1), which allows residential development- The proposed street abandonment, once merged
with the adjacent lots, will benefit the project by eliminating the adjacent site's constraints,
specifically by providing street frontage to the existing landlocked lots. Additionally, the
abandonment will eliminate the city's liability over unimproved property. The public utilities, other
government agencies, and City Departments have been advised of the street vacation. The city
owns a sewer facility within the area that will be vacated and within a portion of the landlocked
parcels- An easement to preserve the city's sewer facilities will be granted by a separate
document and recorded. An easement for drainage purposes will be reserved in favor of the city
through the resolution of vacation.
The proposed street abandonment is consistent with the general plan. The proposal will provide
and maintain a comprehensive circulation system that facilitates the efficient movement of people
and goods through the City (Circulation Element Goal 1) and fully coordinates transportation and
land use planning activities in the City (Circulation Element Goal 4), as the area to be vacated is
excess land and no longer part of the street system. Further, the project is consistent with goals
that preserve and improve the character and integrity of neighborhoods (Land Use Element
Goal 3), and ensure that impacts of development are mitigated (Land Use Element Goal 5), by
improving an area that otherwise would remain unimproved and create a blight condition for the
neighborhood.
75A-5
Abandonment No. 2010-03
Variance No. 201 1-1 O
October 10, 2011
Page 4
Variance Request
Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be
granted when it can be shown that the following can be established:
• That there exists a special circumstance related to the property, such as size, shape,
topography, location or surroundings.
• That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rjghts.
• That the granting of the variance will not be detrimental to the public or surrounding property.
• That the granting of the variance will not adversely affect the General Plan.
If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability
to make these findings would result in a denial. Using this information, staff has prepared the
following analysis, which forms the basis for the recommendation contained in this report. In
analyzing the variance request staff believes that the following findings of fact warrant approval of
the variance.
The project site has a special circumstance related to its shape and its location. The applicant is
requesting approval of a variance to allow a reduction in required street frontage from 50 feet to
approximately 48 feet for Parcel 1 and 15 feet for Parcel 2. The proposed sites are composed
of a landlocked remnant excess parcel which resulted from the I-5 freeway widening and the
area of the street to be vacated. Because the freeway runs diagonal to the existing
development pattern of streets and parcels, the two remnant parcels are generally triangular
in shape. While the size and width at most of the parcel's depth will comply and exceed with
the zoning standards, the street frontage will not, as the total street frontage for both parcels
is located at the narrowest portion of the triangle. Both parcels, at its narrowest point are
about 63 feet wide as measured from the back of the front yard setback. Once the parcel
lines are adjusted, Parcel 1 will have an approximate frontage of 48 feet, while Parcel 2 will
have approximate frontage of 15 feet. In order to be able to accommodate vehicular access
to both parcels, a common driveway will be constructed. A reciprocal easement agreement
for egress and ingress will be created, recorded and maintained in perpetuity or until such
time as the homes are demolished.
75A-6
Abandonment No. 2010-03
Variance No. 2011-10
October 10, 2011
Page 5
• The granting of the variance is necessary for the preservation and enjoyment of substantial
property rights. The granting of the variance will preserve the property owner's ability to
develop the two existing parcels each with one home, a use allowed by right. fps discussed
earlier, each parcel is comprised of a landlocked remnant parcel, which once combined with
the area to be vacated, will be reconfjgured via a lot line adjustment to best accommodate the
proposed homes.
The granting of the variance will not be detrimental to the public or surrounding properties.
With the granting of the variance for the street frontage, the parcels and the proposed
development will comply with all applicable development standards established in the R1
zoning district and the Citywide Design Guidelines. Additionally, the granting of the variance
will allow residential development on parcels that are currently vacant. The presence of
vacant sites can be detrimental to the appearance of a neighborhood. Vacant sites also
create a public nuisance and can contribute to create an environment that can be conducive
to crime, negatively impacting the adjacent residential uses.
• Finally, the project will not adversely affect the general plan as the proposed residential use is
developed within the established density of the Land Use Element of the General Plan.
Additionally the project will be consistent with the purpose of the General Plan Land Use and
the Housing Element, as it will further the goals and policies of the plan and not obstruct their
attainment. Specifically, it would further the following General Plan goals and policies:
Land Use Goa13 Preserve and improve the character and inte?3rity of
Element existin nei hborhoods.
Policy 3.1 Support development which provides a positive
contribution to nei hborhood character and identi
Policy 3.5 Encourage new development and/or additions to existing
development that is compatible in scale, and consistent
with the architectural style and character of the
nei hborhood.
Policy 5.5 Encourage development which is compatible with, and
su ortive of surroundin land uses.
Housing Goal 2 Provide a diversity of quality housing, affordability levels,
Element and living experiences that accommodate Santa Ana's
residents and workforce of all household types, income
levels, and a e rou s to foster an inclusive communit
Policy Agency-Owned Sites. Maximize affordable housing on
HE-2.8 Agency-owned properties that is of high quality,
sustainable, and available to various income levels.
75A-7
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 6
Public Notification
The project site is located within the Mabury Neighborhood Association- The president of the
Association was notified by mail 10 days prior to this public hearing. In addition, he was
contacted via phone to ensure that he was informed of the project and to see if there were any
areas of concern. No areas of concern were identified by the Neighborhood Association
president, nor was there a request that the applicant present the project to a meeting of their
members.
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners
within 500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public
As required by State Law, public notification will occur prior to the City Council action. The
project site will again be posted with a notice advertising the City Council public hearing, a notice
will be published in the Orange County Reporter and mailed notices will be sent to all property
owners within 500 feet of the project site.
CEQA Compliance
In accordance with the California Environmental Quality Act, the proposed project is categorically
exempt from CEQA review per Section 15303, Class 3. The Class 3 exemption allows new
construction of up to three single-family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Abandonment No. 2010-03 and approve Variance No.
2011-10 as conditioned.
Lucy naus Vince Fregoso, P
Seni Planner Principal Planne
LL_jm
IVreports/abn t o-03vat 7 -t o 7t a s concord. pc
75A-8
Abandonment No. 2010-03
Variance No. 2011-10
October 1 O, 2011
Page 7
Attachments:
Exhibit 1 -Vicinity Map
Exhibit 2 -Location Map with Land Uses
Exhibit 3 -Area to be Abandoned
Exhibit 4 -Development Site Plan
Exhibit 5 -Project Elevations
75A-9
75A-10
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EXHIBIT 7
75A-11
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75A-13
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75A-17
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75A-20
ROH 10/10/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VARIANCE NO. 2011-10 AS
CONDITIONED TO ALLOW A REDUCTION IN STREET
FRONTAGE TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Variance No. 2011-10 to allow a
reduction in street frontage for two single family dwellings at 719 North
Concord Street.
B. Variance No. 2011-10 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on October 1 O, 201 1 , at
which time the Planning Commission recommended that the City Council
adopt a resolution approving Variance No. 2011-10 as condit'loned. As
such, Variance No. 2011-10 came before the City Council of 'the City of
Santa Ana for a duly noticed public hearing on December 5, 2011.
C. Variance No. 2011-10 has been filed with the City of Santa Ana seeking to
reduce the required street frontage in the R1 district. Section 41-237 of the
Santa Ana Municipal Code requires fifty (50) feet of street frontage
measured from the back of the front yard setback in the R1 district.
D. Santa Ana Municipal Code Section 41-638 authorizes the granting of a
variance upon making certain findings.
1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of provisions of this Chapter.
The project site has a special circumstance related to its
shape and its location. The applicant is requesting approval
of a variance to allow a reduction in required street frontage
Exhibit B Resolution No. 2011-
Page 1 of 6
75A-21
from 50 feet to approximately 48 feet for Parcel 1 and 15 feet
for Parcel 2. The proposed sites are composed of a
landlocked remnant excess parcel which resulted from the I-
5freeway widening and the area of the street to be vacated.
Because the freeway runs diagonal to the existing
development pattern of streets and parcels, the two remnant
parcels are generally triangular in shape. While the size and
width at most of the parcel's depth will comply and exceed
with the zoning standards, the street frontage will not, as the
total street frontage for both parcels is located at the
narrowest portion of the triangle. Both parcels, at its
narrowest point are about 63 feet wide as measured from
the back of the front yard setback. Once the parcel lines are
adjusted, Parcel 1 will have an approximate frontage of 48
feet, while Parcel 2 will have approximate frontage of 15
feet. In order to be able to accommodate vehicular access
to both parcels, a common driveway will be constructed. A
reciprocal easement agreement for egress and ingress will
be created, recorded and maintained in perpetuity or until
such time as the homes are demolished.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the variance will preserve the property
owner's ability to develop the two existing parcels each with
one home, a use allowed by right. As discussed earlier,
each parcel is comprised of a landlocked remnant parcel,
which once combined with the area to be vacated, will be
reconfigured via a lot line adjustment to best accommodate
the proposed homes.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of the variance will not be detrimental to the
public or surrounding properties. With the granting of the
variance for the street frontage, the parcels and the
proposed development will comply with all applicable
development standards established in the R1 zoning district
and the Citywide Design Guidelines. Additionally, the
granting of the variance will allow residential development on
parcels that are currently vacant. The presence of vacant
sites can be detrimental to the appearance of a
Resolution No. 2011-
Page 2 of 6
75A-22
neighborhood. Vacant sites also create a public nuisance
and can contribute to create an environment that can be
conducive to crime, negatively impacting the adjacent
residential uses.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
Finally, the project will not adversely affect the general plan
as the proposed residential use is developed within the
established density of the Land Use Element of the General
Plan. Additionally the project will be consistent with the
purpose of the General Plan Land Use and the Housing
Element, as it will further the goals and policies of the plan
and not obstruct their attainment. Specifically, it would
further the following General Plan goals and policies:
Land Use Goal 3 Preserve and improve the character and integrity of
Element existin nei hborhoods.
Policy 3.1 Support development which provides a positive
contribution to nei hborhood character and identit
Policy 3.5 Encourage new development and/or additions to existing
development that is compatible in scale, and consistent
with the architectural style and character of the
nei hborhood.
Policy 5.5 Encourage development which is compatible with, and
su ortive of surroundin land uses.
Housing Goal 2 Provide a diversity of quality housing, affordability levels,
Element and living experiences that accommodate Santa Ana's
residents and workforce of all household types, income
levels, and a e rou s to foster an inclusive communit
Policy Agency-Owned Sites. Maximize affordable housing on
HE-2.8 Agency-owned properties that is of high quality,
sustainable, and available to various income levels.
E. In accordance with the California Environmental Quality Act, they proposed
project is categorically exempt from CEQA review per Section 15303, Class
3. The Class 3 exemption allows new construction of up to three single-
family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Resolution No. 2011-
Page 3 of 6
75A-23
Section 2. The City Council, after conducting the public hearing, hereby
approves Variance No. 2011-10, as conditioned in Exhibit "A" attached Hereto and
incorporated herein, to allow a reduction in the required landscaped setbacks for the
property located at 719 North Concord Street. This decision is based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated October 1 O, 201 1 , and exhibits attached thereto;
the Request for Council Action dated December 5, 201 1 , and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this day of 201 1 .
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-
Page 4 of 6
75A-24
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-
Page 5 of 6
75A-25
Conditions for Approval for Variance No. 2011-10
Variance No. 2011-10 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other
applicable regulations. In addition, it shall meet the following conditions of approval.
The applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
1 . The project shall remain in compliance with Site Plan Review DP No. 2010-
48.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At this time, staff will determine if administrative relief is
available or if the variance must be amended.
3. The applicant shall record a reciprocal easement agreement, in a form
acceptable to the City Attorney of the City of Santa Ana, for egress and
ingress for Parcel 1 and Parcel 2 prior to the issuance of building permits.
Said easement shall remain in effect in perpetuity or until such time as the
homes are demolished.
Exhibit A
Resolution No. 2011-
Page 6 of 6
75A-26
ROH 10/10/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO VACATE A PORTION OF STREET RIGHT-
OF-WAY ADJACENT TO 719 NORTH CONCORD STREET
(ABANDONMENT NO. 2010-03)
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 proposed vacation is for an excess right-of-way that was formerly
Concord Street in order to incorporate the property as part of a proposed
housing development at 719 North Concord Street. The proposed project
site is located on the southeast terminus of Concord Street, a cul-de-sac
street, south of Fruit Street, and north of the Santa Ana (I-5) Freeway.
The site is comprised of two landlocked remnant parcels totaling
approximately 13,754 square feet. The northern parcel (Parcel 1) is
approximately 7,250 square feet in size and the southern parcel (Parcel 2)
is approximately 6,504 square feet in size. The remnant parcels are
roughly rectangular in shape and are currently vacant. In addition, the
area to be vacated and conveyed back to the property owners is
approximately 3,714 square feet. This area is an unimproved portion of
Concord Street, south of Fruit Street and is irregularly shaped (Exhibits 1,
2 and 3). Exhibits 1 , 2 and 3 are attached herewith and incorporated
herein by this reference.
B. The subject parcels and a portion of Concord Street were acquired by the
State of California (Caltrans) to accommodate the widening of the Santa
Ana Freeway (I-5). At this location, only portions of the lots and street
were used for freeway widening purposes, leaving the remaining pieces of
the parcels and street as excess property. As part of the freeway
widening project, Caltrans improved the end of Concord Street by
constructing a cul-de-sac. The excess parcels were acquired by the
Agency for future development and are currently vacant. As owners of the
excess parcels, the Agency also holds the underlying fee ownership to the
excess street right of way, with an easement in favor of the City for street
purposes. With the street abandonment, the easement will be
extinguished. The development parcels, combined with the area of the
street being vacated will result in a developable parcel.
Resolution No. 2011-
Page 1 of 4
75A-27
C. Habitat for Humanity is proposing to develop two single-family residences
on two parcels. Each parcel will be combined with the adjacent area to be
vacated, and will be reconfigured through a Lot Line Adjustment into two
legal lots.
D. The area of the proposed street vacation has a General Plan land use
designation of Low Density Residential (LR) and a corresponding zoning
designation of Single Family Residence (R1), which allows residential
development. The proposed street abandonment, once merged with the
adjacent lots, will benefit the project by eliminating the adjacent site's
constraints, specifically by providing street frontage to the existing
landlocked lots. Additionally, the abandonment will eliminate the city's
liability over unimproved property. The public utilities, other gavernment
agencies, and City Departments have been advised of the street vacation.
The city owns a sewer facility within the area that will be vacated and
within a portion of the landlocked parcels. An easement to preserve the
city's sewer facilities will be granted by a separate document and
recorded. An easement for drainage purposes will be reserved in favor of
the city through the resolution of vacation.
E. The proposed street abandonment is consistent with the general plan.
The proposal will provide and maintain a comprehensive circulation
system that facilitates the efficient movement of people and goods through
the City (Circulation Element Goal 1) and fully coordinates transportation
and land use planning activities in the City (Circulation Element Goal 4),
as the area to be vacated is excess land and no longer part of the street
system. Further, the project is consistent with goals that preserve and
improve the character and integrity of neighborhoods (Land Use Element
Goal 3) and ensure that impacts of development are mitigated (Land Use
Element Goal 5), by improving an area that otherwise would remain
unimproved and create a blight condition for the neighborhood. Therefore,
staff recommends that the Planning Commission recommends that the
City Council approve Abandonment No. 2010-03.
F. Pursuant to the provisions of section 892 of the Ca/ifo?nia Streets and
Highway Code, the City Council does hereby find and determine that
neither said portion of the street nor any part thereof is useful as non-
motorized transportation facilities, as defined in section 887 of said Code.
G. In accordance with the California Environmental Quality Act, the proposed
project is categorically exempt from CEQA review per Section 15303,
Class 3. The Class 3 exemption allows new construction of up to three
single-family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 2011-140 will be filed for this project.
Resolution No. 2011-
Page 2 of 4
75A-28
Section 2. This Council does hereby order that the unimproved excess right-of-
way on Concord Street, south of Fruit Street, adjacent to 719 North Concord Street, as
shown on Exhibit 1 , 2 and 3 attached hereto and made a part hereof by this reference, be,
and the same is, hereby vacated.
A. Pursuant to section 8340 of the California Streets and Highways Code, the
City Council reserves and excepts from the above vacation an easement
and right at any time, or from time to time, to construct, maintain, operate,
replace, remove, and renew sanitary sewers and storm drains and
appurtenant structures, and, pursuant to any existing franchise or renewals
thereof, or otherwise, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires, poles, and other
convenient structures, equipment, and fixtures for the operation of gas
pipelines, telegraphic and telephone line, railroad lines, and for the
transportation or distribution of electric energy, petroleum and its products,
ammonia, and water, and for incidental purposes, including access to
protect these works from all hazards in, upon, and over the area of Concord
Street hereby vacated. The City Council also reserves and excepts from the
above vacation an easement for future street or highway purposes.
Moreover, if there are any in-place public utility facilities that are in use, the
City Council reserves and excepts from the above vacation an easement
and right necessary to maintain, operate, replace, remove or renew the
public utility facilities.
Section 3. Said portions of the street shall not be deemed vacated until this
resolution is recorded.
Section 4. The Clerk of the Council is hereby directed to cause a certified copy
hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange
County.
ADOPTED this day of
201 1 .
Miguel A. Pulido
Mayor
Resolution No. 2011-
Page 3 of 4
75A-29
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
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. 20'I'I-
Page 4 of 4
75A-30
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EXHIBIT 1
75A-31
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75A-32
75A-33
75A-34
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 5, 2011
TITLE:
SET A PUBLIC HEARING DATE TO
CONSIDER CHANGING THE BOUNDARY
LINES OF COUNCIL WARDS
S,
CITY MANAGER
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
RECOMMENDED ACTION
Adopt a resolution rescheduling a public hearing date to December 19, 2011 to consider
changing the existing boundary lines of Council Wards.
DISCUSSION
Following each Federal Census, the City of Santa Ana Charter requires that the City review the
total population data by ward and consider re-aligning to balance each ward in equal population
numbers. A City Council ad-hoc committee, comprised of council members Benavides, Martinez,
and Tinajero, reviewed the 2010 U.S. Census data and recommends changing the boundary
lines of Council Wards.
The re-boundary process is specifically addressed in the City's Charter, as follow:
Sec. 101.1. -Wards of the city.
Prior to the general election in 1988 the City Council shall divide the City into six (6) wards
by ordinance according to the following formula:
Each of the wards is to be as nearly equal in population as possible. The wards shall be
composed of contiguous and compact territory and bounded by natural boundaries of
street lines wherever possible. Any territory hereafter annexed to or consolidated with the
City shall become a part of the ward to which it is most contiguous, pending any
redistricting necessary to promote equality of population among the wards.
(Ord. No. NS-1316, 8-24-76, approved at election 11-2-76; Ord. No. NS-1521, 3-17-80, approved at election 6-3-80; Ord.
No. NS-1864, 8-19-86, approved at election 11-4-86)
Sec. 101.2. - Wards, boundary changes.
Ward boundaries shall not be altered except as reasonably necessary to promote greater
equality of population among the wards when such necessity is shown by the most recent
federal decennial census, or by more current census data certified by the City Council as
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sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by
annexation or consolidation of territory. Such boundary alteration shall be made only by
ordinance adopted by affirmative vote of at least two-thirds (213) of the full membership of
the City Council in accordance with section 101.4. Any such ordinance adopted within one
hundred twenty (120) days immediately preceding any election of council members shall
not become effective until the day following such election.
(Ord. No. NS-1316, 8-24-76, approved at election 11-2-76)
Sec. 101.3. - Reserved.
Editor's note- Ord. No. NS-1521, adopted March 17, 1980, approved at election June 3, 1980, repealed §
101.3 relative to increasing the number of wards of the City from 7 to 9 whenever the census data described
in § 101.3 disclosed a population of 240,000 people. Said section had previously been amended by Ord. No.
NS-1316, adopted Aug. 24, 1976, approved at election Nov, 2, 1976.
Sec. 101.4. - Same-Notice and public hearing.
Before making any change, modification or realignment of ward boundaries or numbers of
wards, the City Council shall pass a resolution declaring its intention to make such
changes. Such resolution shall set forth a convenient day, hour and place when and where
any persons having any interest therein, or any objection to the making thereof, may
appear before the City Council and be heard thereon. The City Council shall direct the
Clerk of the Council to give notice by publishing said resolution once a week for two (2)
weeks in the official newspaper prior to the date set for hearing. Said hearing in the event
of increasing the number of wards shall be held not less than sixty (60) days prior to the
succeeding general municipal election. In any event, not less than thirty (30) days prior to
the general municipal election, publication shall be made by map diagram in the official
newspaper showing the new boundary lines of each and every ward.
The City Council is hereby requested to set a date to hold a public hearing to consider Ward re-
boundary. If a hearing date is approved, the Clerk of the Council Office will publish the legally
required public hearing notice, notify all neighborhood associations, and provide that required
information is posted and made available on the City's website.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria Cl. Huizar,
Clerk of the Council
Attachment 1: Resolution
Attachment 2: Current and Proposed Ward Reboundary Map
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RESOLUTION NO. 2011-XXX
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
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. That this Council hereby declares its intention to make changes in the existing
Ward boundary lines.
2. That 6:00 p.m. on the 19th day of December, 2011 in the Council Chamber, 22
Civic Center Plaza, Santa Ana, California, is the time and place when and where
any person having an interest in, objection to, or suggestion regarding the
making of changes in Ward boundary lines may appear before the City Council
and be heard thereon.
3. That the Clerk of the Council is directed to give notice of said hearing by
publishing this Resolution once a week for two weeks in the "Orange County
Register," a newspaper of general circulation in the City, prior to said hearing.
ADOPTED this day of
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Melissa Crosthwaite
Deputy City Attorney
.2011.
Miguel A. Pulido
Mayor
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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-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
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PROPOSED WARD REDISTRICTING
POPULATION STATISTICS
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F
0.0 0.5 1.0
Miles
Copyright 2011, All Rights Reserved
City of Santa Ana
Council Wards
Adopted March 2, 1992
Census 2010 (PL 94-171)
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