HomeMy WebLinkAbout FULL PACKET_2012-08-06MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JULY 16, 2012
CLOSED SESSION MEETING
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
5:25 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
CARLOS BUSTAMANTE
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS —
• Rob Cook, opined that Measure D matter (Madrid v. Huizar) replaced the two (2)
four -year term; did not vote yes on issue since he does not believe in term limits.
COUNCIL RECESSED to Police Chief's Conference Room, 4th Floor, 60 Civic Center
Plaza for Closed Session discussion at 5:28 p.m.
CLOSED SESSION ITEMS
The Brown Act permits legislative bodies to discuss certain matters without members of the public
present. The City Council finds, based on advice from the City Attorney, that discussion in open
session of the following matters will prejudice the position of the City in existing and anticipated
litigation:
1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
CITY COUNCIL MINUTES
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JULY 16, 2012
Bruce Guy vs. City of Santa Ana, WCAB Case #s ADJ2559431;
ADJ3375759; ADJ4648685; ADJ1908933; ADJ4541734; Case Settlement
Request
Jesus DeLaBarcena vs. City of Santa Ana, WCAB Case # UNASSIGNED;
Case Settlement Request
Department of Toxic Substances Control vs. City of Santa Ana, HWCA
Docket 2011 -4049; Enforcement Order Settlement Request
Gerald Peebler, et al. vs. State of California Department of Finance et al.,
Superior Court of Sacramento, Case #34- 2012 - 80001172 -CU -WM -GDS.
Max Madrid vs. Maria Huizar, in her capacity as City Clerk for the City of
Santa Ana, Case No. 00581679*
*Mayor Pro Tern Alvarez and Clerk of the Council Huizar recused
themselves from discussion of the matter and left the Conference Room at
5:39 p.m.
CLOSED SESSION REPORT — See Item 19A for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES
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JULY 16, 2012
OPEN SESSION MEETING
CALLED TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:37 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
CARLOS BUSTAMANTE
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE Mayor Pulido
CLOSED SESSION REPORT
City Attorney Carvalho reported on items on the Closed Session Agenda. See Agenda
Item 19A for report.
PUBLIC COMMENT
• Bill Cunningham, spoke on the recent tragedy regarding the premature death of
Osmara Meza and the Santa Ana Police Foundation's assistance; noted that over
250 donations have been made and encouraged others to make a pledge. Also,
invited all to upcoming Open House.
• Glen Stroud, resident of Riverview Neighborhood Association, opined that
challenging Measure D is again voter intent.
• Manuel Pena, requested the City Council re- establish the Hispanic Affairs
Committee that was previously headed by Jose Vargas; suggested monthly
meetings and partnership with the Police Department.
• Steve Ray, representative of the "Save Our Orchard Coalition ", report progress,
entered into negotiations with owners; fundraising efforts underway, incorporating as
"Old Orchard Conservancy" and filing official documents with State and Federal
governments
CITY COUNCIL MINUTES 3 JULY 16, 2012
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• Herb Rose, disestablishment of PBID, thanked Councilmember Tinajero and Mayor
Pro Tern Alvarez for support of disestablishment; would like to make note of the
recent report by the Grand Jury; does not support destruction of records; and urged
the City Council not to approve Agenda Item 19D.
o Mayor Pulido noted that Item 19D would be continued for 2 weeks.
• Barbara DesRochers, owner of Country Garden Caterers, opined that PBID illegally
established; Grand Jury also concerned with establishment.
• David Hoen, commented on pending lawsuit on Measure D; opined that voter intent
was not to reset the clock; if debatable, then rescind Measure.
• Laura Garibay, member of SACReD, urged the City Council to consider Sunshine
Ordinance; would increase transparency, accountability and community involvement;
requested meeting with Mayor.
• Jose Moreno, President of Los Amigos, urged the City Council to adopt Sunshine
Ordinance to increase public confidence in local government and quality of life.
• Jeannie Gillett, representative of "Save Our Orchard Coalition ", has been working on
saving property since February, 2012; also supports Sunshine Ordinance that would
allow for inclusionary provisions on projects such as the Sexlinger project.
• Mayra Mejia, representative of Latino Health Access and working with SACReD to
support Sunshine Ordinance; many needs in the community especially open space,
would allow for better participation in decision - making process.
• Daisy Gonzalez, representative of the Kennedy Commission, spoke in support of
Sunshine Ordinance, urged the City Council to adopt version as close to proposed
ordinance as possible.
• Alicia Acuna, concerned with maintenance of City parks.
• Bobi Keenan, resident of Washington Square, opined that Measure D's intent was
four additional years to Councilmembers; opined that Max Madrid should be
removed from the Board of Parks and Recreation for suing the City.
• Jose Guadalupe Mata, coordinator of Los Amigos de Santa Ana, urged the City to
re- establish the "Somos Hispanos" office that was headed by former Police Officer
Jose Vargas; also submitted complaint letter to Mayor Pro Tern Alvarez on
residential concerns in the Ward 5 area.
• Tish Leon, spoke in opposition to lawsuit filed regarding Measure D; supports
Sunshine Ordinance that will help with transparency and re- establish representation
and trust.
• Sam Romero, supports recent report by the Grand Jury on PBID; urged the City
Council to disestablish and stop funding Downtown Inc.
• Fina Chaves, thanked Councilmember Tinajero for supporting Mayor Pro Tern
Alvarez with disestablishment of PBID.
• George Garcia, expressed concern with public safety and recent shootings; also
spoke on fraudulent advertising by some businesses.
• Cesar Medina, represents Los Amigos de Santa Ana, supports "Asuntos Hispanos"
(Hispanic Affairs); recommends the City Council open up office again to address
violence.
• Claudia Arellanes, thanked Councilmember Tinajero and Mayor Pro Tern Alvarez for
supporting disestablishment of PBID.
• Jeff Dickman, resident of historic French Park, spoke on voter intent of Measure D to
allow for 3 full- terms; supports Sunshine Ordinance.
CITY COUNCIL MINUTES 4 JULY 16, 2012
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• Francisco Barragan, commented on success of recent Fourth of July celebration at
Centennial Park, supports disestablishment of PBID, Police community office,
Sunshine Ordinance; and spoke on need to follow intent and spirit of the law as it
relates to Measure D.
• Thomas Gordon, noted that the Special Election when voters considered Measure D
cost approximately $170,000.
• Claudio Gallegos, commented on Councilmember Bustamante's current personal
matter; opined that lawsuit on Measure D frivolous and funds used to defend City's
position could be used for park improvements or other services.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 25H with the
following modifications:
• Continue consideration of Item 19D to the August 6, 2012 City Council meeting
due to lack of quorum eligible to consider matter;
• Councilmembers Martinez and Benavides requested the transcription of their
Council Comments from the July 2, 2012 be entered into the Minutes of July
16, 2012; Mayor Pro Tern Alvarez requested a copy of the DVD be added to
the Minutes;
• Continue consideration of Item 25H for 30 days (Item was reconsidered and
approved later in the meeting);
• Councilmembers Martinez and Sarmiento abstained on Agenda Item 25A due
to a conflict of interest — campaign contributions;
• Mayor Pro Tern Alvarez requested that the Minutes of July 2, 2012, page 1 be
corrected to reflect asterisk on first matter listed only;
• Mayor Pro Tern Alvarez recorded a "No" vote on Agenda Item 19C; and
• Mayor Pro Tern Alvarez requested an Agenda Item 85A be placed on the
August 6, 2012 Council agenda to discuss the records retention and obsolete
records destruction policy.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Bustamante (1)
CITY COUNCIL MINUTES 5 JULY 16, 2012
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ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES FROM THE REGULAR MEETING OF JULY 2, 2012 - Clerk of
the Council Office
MOTION: Approve corrected Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT — City Attorney's Office
MOTION: Approve as follow:
Approve settlement agreement in the amount of $17,000.00 - Bruce Guy
vs. City of Santa Ana, WCAB Case #s ADJ2559431; ADJ3375759;
ADJ4648685; ADJ1908933; ADJ4541734.
Approve settlement - Jesus DeLaBarcena vs. City of Santa Ana WCAB
Case # UNASSIGNED.
Provided direction - Gerald Peebler, et al. vs. State of California
Department of Finance, et al., Superior Court of Sacramento, Case #34-
2012- 80001172 -CU -WM -GDS.
Authority to settle matter in the amount of $16,800.00 - Department of
Toxic Substances Control vs. City of Santa Ana, HWCA Docket 2011-
4049; Enforcement Order Settlement Request.
Authorize the City Attorney's Office to proceed with contracting with Mitch
Abbott of Richards, Watson and Gershon to represent and defend the City
Clerk, up to and including any emergency writ and /or appeals - Max
Madrid vs. Maria Huizar, in her capacity as City Clerk for the City of Santa
Ana, Case No. 00581679.
19B EXCUSED ABSENCES — None
19C DESTRUCTION OF OBSOLETE CITY RECORDS - Finance Management
Services
MOTION: Approve the requests for the destruction of obsolete
records from various City departments in accordance with the
retention schedule outlined in City Council Resolution 2006 -045.
*Mayor Pro Tern Alvarez recorded a "No" vote on Agenda Item 19C.
CITY COUNCIL MINUTES
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JULY 16, 2012
19D DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT
ANNUALREPORT
MOTION: At the request of staff, continue consideration of matter to
the August 6, 2012 City Council Meeting.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 08 -022 - PAINTING SERVICES - Renew the contract with
Solorio, Inc. for a one -year period in an annual amount not to exceed
$95,000 - Finance & Management Services
22B SPEC. NO. 11 -049 - MULTI -JET WATER METERS - Renew the contract
with Aqua- Metric Sales Company for a one -year period in an amount not
to exceed $115,000 (Public Works Agency) - Finance & Management
Services
22C SPEC. NO. 12 -048 - DESKTOP COMPUTERS AND SERVER
EQUIPMENT - Award a contract to Dell Computer Corporation in an
amount not to exceed $168,300 (Public Works Agency) — Finance &
Management Services
PROJECTS /CHANGE ORDERS
23A CONTRACT AWARD FOR BROADWAY REHABILITATION FROM
ANAHURST PLACE TO FIRST STREET WITH ALL AMERICAN
ASPHALT (PROJECT NOS 116736 AND 116746) - Public Works Agency
MOTION:
1. Award a contract to All American Asphalt, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $2,443,348 for construction of the Broadway
Rehabilitation from Anahurst Place to First Street.
2. Approve a Funding Analysis with a total estimated construction
cost of $3,054,000.
CITY COUNCIL MINUTES 7 JULY 16, 2012
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AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non - substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item 25A
through 25H)
25A AGMT NO. 2012 -156 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2012 -03 - With Corbiz, LLC, property owner, for the
structure located at 217 North Broadway - Planning and Building Agency
*Councilmembers Martinez and Sarmiento abstained due to a conflict of
interest - campaign contributions.
25B AGMT NO. 2012 -157 - AMENDMENT - JAIL MANAGEMENT SYSTEM
MAINTENANCE - With Advanced Technology Information Management
Systems (ATIMS) in an amount not to exceed $ 63,400 - Police
Department
25C JANITORIAL SERVICES - Finance & Management Services and Public
Works Agency
• AGMT NO. 2012 -158 - AMENDMENT - With Commercial Cleaning
Systems (formerly Pacific Building Care, Inc.) for janitorial services at
the Depot at Santa Ana in an annual amount not to exceed $160,000
for a one -year term. Additionally, include janitorial services at the
Santa Ana Main Library, Newhope Learning Center, Santa Ana PAAL
(Police Athletic & Activity League) program facility and 13 park centers
in an annual amount not to exceed $203,000 for a one -year term.
• AGMT NO. 2012 -159 -AMENDMENT -With Bell Building Maintenance
Company for janitorial services at Santa Ana City Hall, Ross Annex,
and Corporate Yard in an amount not to exceed $195,000 for a one -
year term.
25D AGMT NO. 2012 -160
PROGRAMMING AND
POWERTEC, Inc., in an
Agency
- AMENDMENT - WATER SYSTEM
ENGINEERING SERVICES - With CPC
amount not to exceed $55,000 - Public Works
25E GRAND AVENUE WIDENING (PROJECT NO 081732) - Public Works
Agency
CITY COUNCIL MINUTES 8 JULY 16, 2012
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• AGMT NO. 2012 -161 — With Horton Family Properties LLC, for the
purchase of the property located at 107 North Grand Avenue (APN
398 - 456 -16) in the amount of $342,890.
• AGMT NO. 2012 -162 — With Elmer Leroy Benson and Alice M.
Benson, Trustees of the Benson Trust, for the purchase of the property
located at 1225 East Fourth Street (APN 398 - 385 -04) in an amount of
$300,000.
• AGMT NO. 2012 -163 — With Roman Catholic Bishop of Orange, for the
purchase of the properties located at 309 and 315 North Grand
Avenue (APNs 398 - 384 -17 and 398 - 384 -01) in an amount of
$178,565.
• AGMT NO. 2012 -164 — With Gualterio Lazaro Santos dba Santos
Flowers #2, tenant of the property located at 1221 East First Street
Unit H (APN 398 - 454 -12 and 398 - 454 -13) in an amount of $25,038.
25F AGMT NO. 2012 -165 - PARKING CONTROL ENFORCEMENT
SERVICES - With Central Parking System, Inc. for a two -year term, in an
amount not to exceed $410,548.82 annually, with an option to extend the
agreement for three additional two -year terms - Police Department
25G AGMT NO. 2012 -166 - YOUTH TRAINING - With the Rancho Santiago
Community College District Corporate Training Institute in an amount of
$27,032 for a one year period expiring June 30, 2013 - Community
Development Agency
25H STREET SWEEPING SERVICES — Continue consideration of matter for
30 days (Item reconsidered and approved later in the meeting).
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
75A PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING
COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and
Building Agency
Legal Notice published in the O.C. Reporter on July 6, 2012.
CITY COUNCIL MINUTES 9 JULY 16, 2012
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Mayor Pulido opened the Public Hearing.
Jeff Dickman concerned with deferring fees, proposed full disclosure on
who receiving benefit. There were no other speakers and the Hearing
closed.
Executive Director of Planning and Building, Jay Trevino, provided
synopsis of program.
Councilmembers Benavides and Sarmiento noted that action would help
stimulate economy and building industry.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. 2835 - ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN
PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND TO
PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
AGENDA ITEM RECONSIDERED
SECOND: Sarmiento
Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
None (0)
None (0)
Bustamante (1)
25H AGMT NO. 2012 -167 - STREET SWEEPING SERVICES - Public Works
Agency
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Athens Services for an eight -year term, in
an amount not to exceed $801,000 annually, with an option for an
eight -year extension, plus a 10% contingency for unanticipated
services required each annual period.
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Pulido, Sarmiento, Tinajero
(5)
CITY COUNCIL MINUTES 10 JULY 16, 2012
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NOES: None (0)
ABSTAIN: Martinez (1)
ABSENT: Bustamante (1)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may
place items on the City Council Agenda to be considered by the City Council.
85A REFER DISCUSSION OF PROPOSED BALLOT MEASURE
REGARDING AN OVERSIGHT COMMITTEE AND OTHER CHARTER
AND ETHICS RELATED MATTERS TO THE CODE OF CONDUCT AND
ETHICS COMMITTEE (Councilmembers Benavides, Sarmiento, and
Tinajero)
George Collins indicated he has material regarding intent of Measure D
that is available; also commented that consideration of Mayor term limits
had been discussed in the past.
Councilmember Benavides noted that he has received requests from
residents to establish an Oversight Committee.
Councilmember Sarmiento indicated that Council Committee could
consider grievances, salary, political campaign practices and other ethical
concerns currently not addressed in the Charter or Code.
Councilmember Tinajero noted that SACReD proposed different type of
Oversight Commission that is different than what is being proposed.
MOTION: Establish an Ad Hoc Committee comprised of
Councilmembers Benavides, Sarmiento and Tinajero.
MOTION: Sarmiento SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Bustamante (1)
CITY COUNCIL MINUTES 11 JULY 16, 2012
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85B DISCUSSION OF POTENTIAL BALLOT MEASURE REGARDING
MAYORAL AND COUNCIL TERM LIMITS (Councilmember Martinez)
Rob Cook, opined that term limits is a failed experiment.
Chris Wilcox, opined that term limits necessary because incumbent
candidates have advantage over other candidates running for same office.
Councilmember Martinez noted that Mayoral term limits would provide for
parity and allow voters to decide if term limits are wanted; Ad Hoc
committee to review language. Also noted that intent of Measure D was
for 12 years total.
Councilmember Benavides indicated that topic was re- occuring discussion
in the past several years.
Councilmember Tinajero indicated that he would not be able to participate
in Ad Hoc Committee due to prior commitments, but applauds efforts to
bring discussion forward.
Councilmember Sarmiento willing to take part in ad hoc committee; ballot
measure would be presented to voters for them to decide.
MOTION: Establish an Ad Hoc Committee comprised of
Councilmembers Benavides, Martinez and Sarmiento.
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
WORK STUDY SESSION
SECOND: Benavides
Alvarez, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
None (0)
None (0)
Bustamante (1)
WSA CITY HALL OPEN GOVERNMENT AND TRANSPARENCY EFFORTS —
City Manager's Office and Clerk of the Council Office
Building Trust through Transparency
• As part of the City's dedication to increasing open government, we
have made significant strides and made it a top priority.
CITY COUNCIL MINUTES 12 JULY 16, 2012
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• We routinely update the City's website to include press releases on
"hot topics" including: Ward Re- boundary Orange County Fire
Authority "OCFA" Outsourcing, Management Partners Study, etc.
• The City's website provides easy citizen access to pertinent
information such as: City Budget, Council Meeting Agendas and
videos, employee salary information, and making public records
requests.
• Language Assistance - Google translate is available to translate
many of the City's webpages in Spanish, Chinese, Vietnamese,
among many other languages.
City Manager's Office
• City Manager appointed a Public Information Officer "PIO" that is a
point person for media and the community responsible for and
dedicated to providing timely information regarding a variety of City
events and /or inquiries.
• City Manager held numerous neighborhood meetings to discuss
budgetary issues and concerns.
• A web portal was established to seek out ideas and comment on cost
saving ideas.
• Portal still available to make general comments and suggestions on
City related matters.
• Significant number of Press Releases have been sent out recently
and are archived on web.
Clerk of the Council Office
• Significant improvements to the Clerk's Office webpage including:
• Live web and broadcast of City Council meetings held in the
Council Chamber and Police Community Room.
• Access to City Council Meeting Agendas, agenda reports and
video archive for the past two years.
• Public Records Request form on web.
• Election nomination information and past election results since
City's incorporation.
• Roster of appointed officials and current vacancies (board and
commissions).
• Annual calendar of City Council meetings.
• "Understanding your City Council meetings" brochure
Agendas to all legislative meetings available upon request and free
of charge via e-mail.
Community Development
Utilize the City website to disseminate information on projects &
programs:
• Job search and placement assistance, industry specific job listings,
case management and workshops, job fairs, on- the -job training
programs
CITY COUNCIL MINUTES 13 JULY 16, 2012
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• Promotion of Enterprise Zone incentives and Workforce Investment
grants and programs
• Business outreach, attraction, retention assistance & resources,
promotion of Foreign Trade Zone
• Rental assistance (Section 8) and other affordable housing options
• Home rehabilitation program information, Neighborhood Stabilization
Programs, Foreclosure Prevention, Homeownership Programs
• Current city events via the Community Calendar including
neighborhood meetings schedule, Com -Link forum information,
`Who to Call' directory
• Public noticing for CDBG & ESG grants, RFQ or RFP application
information, all current agendas and minutes for Community
Redevelopment & Housing Commission, Oversight Board,
Successor Agency and Workforce Investment Board
Finance and Management Services
• City Budgets available for past several years
• Comprehensive Annual Financial Reports are on -line
• On -line payment of Municipal Utility Services (MUS)
• Removal of the on -line payment fee of $3.54 to encourage payment
of MUS bill on -line
• Information regarding application for Business Licenses on the City's
website
• Paramedic Subscription program on the City's website
• Dog License information on the City's website
• In the Works
• On -line application of business licenses
• Kiosk for payment of business license /MUS /dog licenses /parking
citations
• IVR (interactive voice response) system for MUS
• Parks and Recreation
• Community Contact Forms
Parks and Recreation Agency
• In July 2009, the Agency restructured the Recreation Superintendent
and Recreation Supervisor positions to Community Services
Manager and Community Services Supervisors.
• The scope of the duties of these positions was changed so that
more open communication is established with the public. The
City is divided into six areas so that there is one Community
Services Supervisor for each area.
• In addition to always being available to answer any parks and
recreation related question from the public, the Community
Services Supervisor implement an outreach effort to regularly
attend Neighborhood Association meetings and provide updates
on park and recreation matters.
• Park planning improvement outreach meetings.
CITY COUNCIL MINUTES 14 JULY 16, 2012
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• facilitate ongoing dialogues with the community in their area to
discuss park improvement projects.
• assures that park improvement projects are designed and
implemented with sensitivity toward the needs and desires of the
community.
• Examples of recent projects: Willard Intermediate, Garfield
Center, Roosevelt/Walker, Jerome /Monte Vista joint -use
parks and the Pacific Electric (McFadden /Orange) City park.
New 1 mile Class I dedicated bike trail on Flower from
Anton to Sunflower.
Various new parks along the Santa Ana River.
• CTV3 (Government Access Channel 3) and information on websites.
• All of the programming on CTV3, including managing the channel's
bulletin board.
• Several websites provide information on Agency program and
services:
• http://www.santa-ana.org/parks/defauIt.asp
• http: / /www.santa- ana.org /library /defauIt.asp
• http : / /www.santa- ana.org /catv /cabletvguide.asp
• hftp://www.seedstotreesspotiight.com/
• http: / /www.santaanazoo.org/
Personnel Services
• Salary information for all employees on the website.
• Posted all Labor Contracts on website.
• Posted Job Classification on website.
• Implemented NEOGOV to allow citizens to apply for City jobs on -line
Planning and Building Agency
• PBA Facebook page
• Online property information /property history/permits /inspections and
planning history online
• E -mail information and access to planners and administrative staff
• Online submittal of Code Enforcement Complaints
• Editable .PDF forms /applications on the website
• Electronic zoning map optimized for 8 Y2 x 11 printing
• Dedicated websites for new projects that include all documents on-
line and a contact phone number for the case planner
• City's zoning ordinance is available on line in searchable format
• Planning staff regularly attends neighborhood association meetings
and community events to provide updates on projects and to get
feedback from residents
• A monthly development activity report is prepared that includes
project description, project status and case planner with contact
information
• Important notices and publications are available in English, Spanish
and Vietnamese. In addition, translation services are available at
Planning workshops and events
CITY COUNCIL MINUTES 15 JULY 16, 2012
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• Enhanced notices for Discretionary Actions:
• Larger 8 Y2 x 11 format
• Detailed project description (used to just list the actions)
• Project vicinity map included in the notice
• Notice of public hearing is posted at the project location as well as
online and in the OC Reporter
• Notice includes link to website to view the agenda and staff report
• Notice is in English, Spanish and Vietnamese
• Online inspection requests for Building Division allows access 24/7
to request inspections.
• Permit, plan check and inspection history/status are available online
• Applicants are given direct contact information for their inspectors
during the construction process
Police Department
• Public Information Officer dedicated to providing timely information
• Social Media
• Facebook
• Twitter
• Alert OC — Reverse 911
• Citizen Observer — Community Outreach
• Mobile application SAPD is in the (Tunes app Store
• Residents can:
• Request city services
• Report Graffiti
• Report Suspicious Persons /Activity
• Link to CrimeMapping.com / Crime Map online
• View the SAPD YouTube Channel
• Download often used forms
• Report crimes and write citizen police reports
• Answer Frequently Asked Questions — FAQ's
• The Field Operations District Commander meets with every
Neighborhood Association in the City attending on average at least
meeting a night sometimes 2 (Week Days)
• Offers Community Training Programs
• Business Emergency Response Team (Emergency
Preparedness for businesses)
• Parent Academy and Teen Academy
• Offers Community Substations
- Westend Area Substation
• Citation Sign -offs
• Car Seat Inspections
• Bike License Issuance
• Police Reporting
• General police questions
• Engages with community groups
• Problem solving for area issues
CITY COUNCIL MINUTES 16
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JULY 16, 2012
Santa Ana Regional Transportation Public Safety Office — Santa
Ana Train Station
• Citation Sign -offs
• Bike License Issuance
• Police Reporting
• General police questions
• Engages with community groups
• Problem solving for area issues
• Acts as public safety hub regarding transportation issues for
all of Orange County
• Allied Agencies:
• Amtrak Police
• Burlington Northern / Santa Fe Police
Public Works Agency
• On the PWA web page, the following is available:
• Graffiti Task Force efforts and activities
• Santa Ana Transit Vision
• Street Construction Projects
• Climate Action Plan Vision
• On our PWA web page, we provide links to public notices, press
releases and media links, as well as links to all the major service
functions within PWA (i.e. graffiti removal, sewer maintenance, etc.).
We also publish links to bids we are soliciting.
• PWA publishes a quarterly newspaper called "Santa Ana Green"
which highlights all of the "green" activities and opportunities we
have going on.
• PWA is developing a smart phone app called "My Santa Ana" that
allows residents to report graffiti, pot holes, weeds, etc. and allows
individuals to forward photos and locations remotely via their smart
phone. The app can also provide feedback when the item has been
handled.
• PWA staff regularly attends community meetings to discuss specific
projects or to provide general updates on Public Works activities to
neighborhood associations and groups.
Social Media
• Sign up to receive regular updates through one of our options:
• Facebook (over 240 followers)
• Twitter (over 100 followers)
• Nixie (over 2,300 followers)
• CATV3 Streaming Live (Cable channel also available on the
web)
• E -News Update
• Community Calendar
• Also, don't forget to VOTE! To register or update your voter
information on -line at www.ocvote.com
CITY COUNCIL MINUTES 17 JULY 16, 2012
1 0A -17
Future Efforts
• Open government is a never - ending learning process.
• The City will continue to work to make the City's website more useful
for the public. (Average daily hits is 2,000- 2,400)
• We welcome the public's input and will make every effort to
incorporate suggestions.
• To provide comments or suggest additional methods to improve
transparency at City Hall, please contact the City Manager's Office or
use the City's web - portal.
COMMENTS
90A CITY MANAGER'S COMMENTS
City Manager Walters thanked Public Information Officer Gonzalez and
City staff for transparency efforts.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Benavides:
• Invited residents to sign up to receive regular updates on City events;
• Would like to re- establish Hispanic Affairs Department in the Police
Department; and
• Encouraged all to support local businesses and shop in Santa Ana.
Councilmember Martinez:
• Thanked SACReD and other coalitions for desire to participate in the
democratic process and Councilmember Tinajero for proposing
Sunshine Ordinance; thanked City staff for meeting and considering
ordinance; public education academy's may help residents learn about
the government workings;
• Thanked Parks and Recreation Agency for implementing Prescription
Program in the City; monies received would directly benefit Parks
programs; and
• Noted that all Councilmembers elected to represent all Wards.
Mayor Pro Tern Alvarez:
• Stated that lawsuit filed on Measure D for the courts to decide and
receive a fair and impartial decision and application to all
councilmembers; members that have spoken against issue are same
people; and
• Noted commendable experience and public service of Max Madrid;
CITY COUNCIL MINUTES 18 JULY 16, 2012
ii[ll_d_E:�
• Expressed concerns regarding the Clerk of the Council's opinion
relative to Measure D as received from outside legal counsel; rejected
alternate opinion submitted by Mr. Madrid in May, 2012.
Councilmember Martinez:
• Would not tolerate discourse towards staff.
Councilmember Benavides:
• Indicated that legal opinion by outside Counsel was sought to receive
impartial review and analysis of the matter; requested that same
consideration of forbidding dire conduct of officials apply to staff as
well.
Councilmember Sarmiento:
• Agreed that Measure D has to be addressed by the courts; special
counsel hired due to constitutional rights question being posed by the
lawsuit; and
• Opposed to Councilmembers tactless demeanor towards staff; civility
important to avoid hostile work environment.
Councilmember Tinajero:
• Opined that staff evaluations should be addressed in Closed Session;
Council should be held to same standards as public.
Mayor Pulido:
• Noted he has no position on Measure D; City has duty and obligation
to represent the Clerk of the Council when sued; need quick resolution;
• Urged all members to treat all with respect and self - police.
Mayor Pro Tern Alvarez:
• Conveyed dissatisfaction with Clerk of the Council; disagrees with
notice received relative to hostile work environment.
ADJOURNED- 10:28 P.M. - The next meeting of the City Council is scheduled for
Monday, August 6, 2012 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Adjourn in memory of
Osmara Meza and Mike Sokolski
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 19 JULY 16, 2012
Transcript of Council Comments from the July 2, 2012 City Council Meeting entered into
the record due to portion of the meeting losing quorum.
Councilmember Benavides: Just a couple of items.
• One, yesterday we had a fabulous Independence Day celebration at Centennial
Park a number of you were out there. It was an amazing fireworks show and a great
time for the family, music and celebration. I want to thank the committee that put it
together, the staff who worked diligently on making it happen and the sponsors. We
will be officially doing presentations and recognitions for those folks. But I do want to
thank everybody who was a part of that. Day after tomorrow is Independence Day,
4th of July I want to wish everybody a Happy Birthday to the United States, and I
want to encourage folks to be safe out there with the fireworks and support our local
nonprofits who have the firework stands out there.
• This coming Saturday, a couple things, to make mention, one is in the morning, 9AM
to noon I will be having my monthly community office hours, first Saturday of the
month at the Southwest Senior Center at Jerome Park, there at Center and
McFadden. I want to thank all those that do come out on Saturdays to chat with me
and give me some of their feedback/input, I've met with a number of the individuals
who were here today, both talking about Sunshine Ordinance, about the PBID. Just
want to invite folks and let you know that you have an audience with your
councilmember, there again this coming Saturday the 7th from 9 to noon at the
Southwest Senior Center.
• That same day in the evening, we will be having one, the art walk in the downtown,
all of our art galleries will be open it's a fabulous time to come out and this one is
particularly special because the Santora Building is turning 84, and so there is going
to a 1920s theme party, there will be people dressing up and special music and a
birthday cake. I want to encourage folks you don't want to miss that and dress up in
your Zoot Suits or whatever else theme attire and come on out and have a great
time in our downtown this coming Saturday evening.
• Finally as we talked tonight, we talked about downtown talk about the economy just
in general one of the things that is clearly important is to make sure that we shop in
Santa Ana. Whenever you're thinking about buying groceries, buying shoes,
pumping gas, buying milk whatever it is, do everything you can to make it happen in
Santa Ana so we can benefit from the tax dollars and continue to prcvide great
service to our community. So shop Santa Ana and with that have a great night.
CITY COUNCIL MINUTES 20 JULY 16, 2012
Councilmember Martinez:
• Thank you Mayor Pro Tern Alvarez. Too bad Councilmember Tinajero left, while I
listened back there for the past hour and a half but with that being said, I do take my
job very seriously and that's why I'm here.
• But my comments are to the folks that are here today here in the audience and to
the residents listening at home. I'm proud to be a resident of the City of Santa Ana
and I'm also proud to be a councilmember for the past six years. I tell that being up
here sometimes is not easy there's a lot of scrutiny but you know what when I signed
up for the job I knew it was coming and I've always stayed my ground I've always
been a person of integrity and I've always done the right thing, always, because
that's who I am, those are my values no one ever has to come to me and ask me to
do something. When its all said and done, Michele will always do the right thing
because I have a conscience and to be quite honest with you, the truth always
reveals itself. Maybe not at the beginning but at one point in time the truth will come
out about people's integrity about people's values. Always, and I always stay true to
that. With that being said whether I'm able to participate or not and I'm going to
leave that up to my City Attorney because that's who we hired to give us advise and
I just want to thank you City Attorney, I think you're doing a fabulous job.
• My next comments, I haven't been able to be here for the past couple of meetings
for comments because I just finished probably one of the toughest races I've ever
had to do and campaign mode. And people say "Michele why did that ?" Again
because I care and I love this city and I put myself for the past eight months through
a grueling campaign and I wasn't successful but you know what life sometimes you
win and sometimes you lose. But it doesn't matter how many times you win but it
matters when you lose how you get up. And I tell you I got up with a smile because
know that I dedicated 150% to that job to assuring that I would be able to represent
this city and other cities but it didn't happen. But you know what I'm still here on this
city council and I tell you that I still get up with a smile and even though we're facing
some challenging times,
• and I know that the media is still out there and I think many of you have heard
already and its been all over the news that one of my colleagues has been arrested
and many people don't want to comment but I'm going to comment because its
important and yes it's a private matter having to do with his outside employment it
has nothing to do with the City of Santa Ana and I think its very important that we
note, they are some serious allegations but with that being said we can't comment
on those, we're not the District Attorney, we're the City of Santa Ana, but rightfully so
I believe that its important, I know our PIO earlier spoke to the media, and I know the
media wanted to speak to the councilmembers but I'm saying my comments here
today, I wish Mr. Bustamante the best of luck and his family, but that is a private
matter and I wont comment any further all I do know is that the city needs to move
forward with its business and what happened outside the scope of the city council
has nothing to do with the mayor or council or the City of Santa Ana and I want to
make that very clear.
CITY COUNCIL MINUTES 21 JULY 16, 2012
1 OA -21
• My next issue that I wanted to talk about, and I know it has been since April, since
our Fire Department has transferred to the Orange County Fire Authority and I just
wanted to see maybe at the next Council meeting, Paul, if we could have Mr.
Thomas, Chief Thomas, probably give us an update, just to see how we're doing
especially with 4th of July coming a lot of things are different and I just really think
that we should really get and update and I know that Mr. Benavides sits on the
OCFA board and possibly if he can provide us with and update just so we know
what's going on and that our residents know that we still have the same levels of
service. I know a lot of the phone numbers changed and I need new business cards
because when I called that phone number it was no longer in services but I'm glad
that there was a message that gave us the right number, and we do have the right
numbers online. There've been a lot of changes, a lot of administrative changes that
sometimes may bypass us so sometimes some of these updates are really good for
not only us here on the council and the staff but for the residents. I think its very
important so if we can get that next month that would be great.
• 1 know you've been on the job for over a month now and we still have our vacancy
and I think moving forward with the Chief of Police, what are those next steps,
Manager Walters, and as well we still have these other two positions of Assistant
City Manager, what are the steps that we're going to be taking so that we are able to
inform our residents and we'll be moving forward with the Sunshine Ordinance and
wanting to be more transparent and having open government I think its very
important that we continue to share these kinds of things with our residents at the
end of the day I think if we're able to do that there'll be more trust with our residents
and as I was in the back room hearing the testimony from various people you can
hear the anger, the distrust and I believe it is a new day here in the City of Santa
Ana but change sometimes doesn't happen overnight, we want it to happen very
quickly but I believe that we have great staff here, people that really want to make a
difference and we have to take small steps and I believe that we are taking those
initial steps and when we have our full team I really believe that at the end of the
day when we have the right people to lead this city we have the passion of our
residents we're going to be able to move this city forward and lets stop looking at the
bad things that happened in the city look at the great things and we need to get back
to that. Every time we look at the negative energy, everybody being so upset it just
doesn't get us anywhere. If we talk about the solutions and what we need to do,
what are the steps to get us where we want to get and with those solutions we're
really able to get them done then I think at the end of the day we can meet common
ground. But at this time there's various issues that we're facing that many us even
on this Council we're divided but at the end of the day many of you at home if you're
married with your children sometimes on issues you're divided but we all have the
right to have our opinion and we all have the ability to share that opinion whether its
right or wrong but just as long as we're able to share that and I think that's what
important with the public coming here and addressing the issues that we have that
CITY COUNCIL MINUTES 22 ,JULY 16, 2012
1 OA -22
they have concerns over the city and vis versa the city council that we may not be on
the same page on certain issues but its ok because at the end of the day we still
need to move forward and some things are going to pass and some things are not.
• 1 just want to end by thanking our residents for continuing to push the limits of this
city, I'm very proud of all of you for really standing tall. When you have an issue
you're calling now you're coming here and you're addressing the issues. For a long
time when I got on this city council in 2007 1 didn't think that I was going to see that
because it was so slow people were just so upset they weren't getting involved
you're starting to see more and more people getting engaged and thank goodness
for media, social media you have Facebook, media outlets that information is being
able to come to your fingertips in seconds and I think its fabulous and its great and
hopefully that we continue to use those tools to provide the information that is
needed for the residents to take action and
• 1 just want to end by wishing all of you a very safe 4th of July and please be safe out
there. And to all the kids, please do not point illegal fireworks at kids or other people,
for people to get injured, having fires we don't need any of that, I think if we can
have a safe 4th of July it would be in the best interest of all our residents -iere in the
City of Santa Ana. Wishing you guys the best of the 4th. Thank You.
CITY COUNCIL MINUTES 23 JULY 16, 2012
1 OA -23
1 OA -24
(ROH 07/16/12)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL
CODE AND TO PERMIT DEVELOPERS TO DEFER
PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Mitigation Fee Act (Government Code section 66000, et seq.)
authorizes the City to adopt and regulate monetary exactions for the
purpose of defraying all or a portion of the public facility costs relating to a
development project. The development impact fees are charged as a
condition of approval and are used to alleviate the effects of development
on the community by financing public improvements, services, or
programs that bear a reasonable relationship to the development.
Virtually all California cities, including Santa Ana, require applicants to pay
mitigation fees as a precondition to issuing a building permit. The City
may determine when such fees are to be paid.
B. The City relies on new development to stimulate the local economy and to
provide direct and indirect benefits to its residents and business by
creating construction jobs, new market -rate and affordable housing, and
new tax -base revenues for the City.
C. This ordinance is intended to alleviate certain barriers to development, in
light of the challenges facing the development industry in a fluctuating
market economy, by allowing eligible project applicants to defer certain
development impact fees.
D. The Request for Council Action for this ordinance dated July 16, 2012,
shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
E. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418
Ordinance No. NS -XXX
Page 1 of 6
11 A -1
of the City Charter. Any such restatement of existing provisions of the
Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Section 2. Definitions. The following words and phrases are defined for
purposes of this ordinance as follows:
"Applicant" means the owner or owners of record of the real property for which a
fee deferral is sought pursuant to this ordinance.
"Code" means the Santa Ana Municipal Code.
"Executive Director" means the Executive Director of the Planning and Building
Agency of the City.
"Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of
impact fees.
"Eligibility Criteria" means an objective standard established by the Executive
Director with concurrence of the City Manger, which may be amended from time to time as
deemed necessary, used to determine appropriateness for incentives under this Chapter.
"Fee Deferral Agreement" means an agreement, including a deed of trust, by and
between the Applicant and the City in a form acceptable to the City Attorney, which is a
prerequisite requirement for approval for any fee deferral under this ordinance. The Fee
Deferral Agreement shall include provision for the payment of the City's reasonable costs
in preparing.
"Nonresidential" means (a) those commercial business activities which are
permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning
districts as set forth in Title 41 of this Code, or (b) those industrial business activities which
are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this
Code.
"Subject Property" means the real property owned by the Applicant subject to the
Fee Deferral Agreement.
"Residential" means those activities which are permitted or allowed in the RE, R1,
R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41-
143 of this Code, and includes a live -work community as set forth in section 41 -101.5 of
the Code.
Ordinance No. NS -XXX
Page 2 of 6
11 A -2
Section 3. Deferral of Development Impact Fees for Residential and
Nonresidential projects.
A. Notwithstanding any other provisions of this Code, some or all of the
development impact fees imposed on new Residential or Nonresidential buildings and
structures located in the City may, upon application by an Eligible Applicant and approval
of the Executive Director, be deferred subject to the provisions set forth below. Fees
eligible to be deferred shall be:
• Parks Acquisition and Development Fee
• Drainage Area Master Plan Fee
• Transportation System Improvement Fee (TSIP)
• Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and
retained by the City)
• Fire Facilities Fee
• Sewer Connection Fee
B. Prior to the City's consideration of an application for deferral of impact fees,
the Applicant shall provide to the Executive Director, at the Applicant's sole cost and
expense, a current preliminary title report on the Subject Property.
C. No deferral shall be effective until the Applicant provides security to the City
in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance,
approved by the City Manager and in a form acceptable to the City Attorney.
D. The maximum deferral period shall be:
1. Prior to the final inspection or issuance of a temporary certificate of
occupancy or final certificate of occupancy for the new building or structure on the Subject
Property, whichever comes first, or
2. One (1) year from the date of issuance of the building permit for the
Subject Property.
E. Notwithstanding any provision to the contrary, the deferred impact fees not
paid at the time of building permit shall be subject to:
1. Interest on unpaid fees at the annual rate of interest which the City
earns on its investment of pooled funds shall accrue from the date of issuance of the initial
building permit until the deferred impact fees and all accrued interest is paid, and
2. An additional up -front charge shall be added to the unpaid amount to
cover the administrative costs incurred in processing the fee deferral application and
administering the fee deferral program.
Ordinance No. NS -XXX
Page 3 of 6
11 A -3
Section 4. Form of Security for Unpaid Development Impact Fees
A. As a condition of the deferral, the City shall require the property owner, or
lessee if the lessee's interest is of record, to execute prior to and as a condition of
issuance of a building permit, a Fee Deferral Agreement, which shall provide that the
deferred development impact fees shall be paid within the time set forth in section 4.D. of
this ordinance, and secured by an obligation that shall inure to the benefit of, and be
enforceable by the City, evidenced by either:
1. a senior, unsubordinated recorded lien on the Subject Property which
shall be enforced against successors in interest to the property owner or lessee,
releasable when the obligation is paid in full, which shall in the case of a Residential
project include requirement for an escrow instruction providing for payment out of escrow
from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the
Applicant's option,
2. an irrevocable letter of credit from the Applicant in a form approved
by the City Attorney, which shall be releasable when the obligation is paid in full.
B. The payment of such development impact fees shall be deemed a debt due
and owing to the City at such time as set forth herein, which debt shall only be deemed
satisfied and discharged upon payment in full to the City. The City may pursue collection
through all available legal and administrative means including, but shall not be limited to,
judicial or non - judicial foreclosure of the recorded lien against the Subject Property, a
demand upon the irrevocable letter of credit, and /or civil judgment against the Applicant for
breach of the Fee Deferral Agreement and /or the security provided hereunder.
Section 5. Applicability.
This ordinance and the incentives derived hereunder shall apply only to new
development projects that have not obtained a building permit from the City at the time this
ordinance is adopted by the City Council, or to new development projects that have
agreed in writing to be bound by this ordinance prior to the time this ordinance is adopted
by the City Council. This ordinance shall remain in effect for twelve (12) months from the
adoption date, and as of that date is repealed unless a City Council adopts a further
ordinance of resolution to extend that sunset date for an additional period not to exceed
twelve (12) months.
Section 6. Ordinance to Operate Exclusively.
Except as set forth in this ordinance, all other provisions of the Code shall remain in
full force and effect. Nothing contained in this ordinance is deemed to authorize or permit
the deferral of payment of any fee or charge imposed upon Residential or Nonresidential
Ordinance No. NS -XXX
Page 4 of 6
11 A -4
development in the City except for those development impact fees expressly set forth in
section 2 above.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
2012.
Miguel A. Pulido
Mayor
11 A -5
Ordinance No. NS -XXX
Page 5 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A -6
Ordinance No. NS -XXX
Page 6 of 6
SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
January 24, 2012
CALL TO ORDER
The meeting was convened at 6:15 P.M. at Santa Ana Police Department, 60 Civic Center
Plaza, Police Community Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez and Sal Tinajero.
Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney
Teresa Judd, Sgt. Mark Kozakowski, ACO II Sondra Berg, and Loretta Tafoya, Recording
Secretary.
Public sign -ins: Sharon Portman, Irma Macias, Rene D. Guzman
SUMMARY OF DISCUSSIONS
APPROVAL OF MINUTES
Minutes approved of the September 27, 2011 meeting.
2. PUBLIC COMMENTS
• Sharon Portman appealed to the committee to be fair when they review the 100
foot limit on the ordinance. There is a tremendous amount of benefits to having
chickens. Nationwide right now everyone is into organic food and being healthy.
3. CHICKEN ORDINANCE
Assistant City Attorney Teresa Judd introduced herself, Sgt. Kozakowski and ACO II
Sondra Berg. She explained the City Council has the jurisdiction to make in -act and
advise any changes since this ordinance is to deal with public safety. Sgt. Kozakowski
stated our current SAMC 5 -18 (Proximity to Humans) requires the keeping of chickens in
a coop or pen on one's property to be at least 100 ft. from any other inhabitable building.
It is the most restrictive policy within the County. The City of Santa Ana has the densest
population in the county, which has potential health risk. In 2003, the City had an
outbreak of the West Nile Virus which resulted in the recovery of over 2100 dead or
dying birds. This resulted in an increased shelter cost to the City. Diseases travel
rapidly with the bird population. Last year, we had 226 fowl related calls. In 2003 —
2011 there were a total of 3132 calls for service. If we increase the amount of chickens
residents can have, it could become a burden to our Animal Control Unit. Committee
Member Alvarez asked what is the comparison with other cities. Sgt. Kozakowski stated
Santa Ana has 100 feet restriction, 27.5 sq miles with the population of 337,977,
Anaheim allows 3 hens on 5000 sq ft. lot, 50.8 sq. miles, population 336,255.
Committee Member Alvarez wanted to know if we can amend or update the ordinance
with more study. She asked what kind of restrictions the County has. ACO II Berg
stated the County also has a 100 ft. rule. Committee Member Alvarez stated that there
has to be a middle ground.
13A -1
She asked if we could have neighbors petition to allow fowl at their residence. Sgt.
Kozakowski said that it has nothing to do with the health issues. Committee member
Alvarez asked what kind of calls did they received regarding the chickens. Sgt.
Kozakowski stated the calls are due to smells, noise, chickens getting into other people
yards, which could be a possible health risk. Committee member Alvarez asked Sgt.
Kozakowski if his recommended was not to change the ordinance. Committee Member
Alvarez asked Committee Sal Tinajero if he had any to say. He asked what was the
main reason for tonight. Sgt. Kozakowski stated that a citizen suggested the ordinance
be updated.
4. COMMITTEE MEMBER COMMENTS
Committee member Tinajero thanked everyone for coming and appreciated their
feedback. Committee member Alvarez stated the chicken laws are outdated and the
ordinance would be on the next Public Safety Agenda.
5. ITEMS FOR NEXT MEETING
A. Chicken Ordinance
NEXT MEETING DATE — Tuesday, March 20, 2012, 5:30 pm, Santa Ana Police Facility, Room,
60 civic Center Plaza, Police Community Room, Santa Ana, California
ADJOURNMENT — 6:35 P.M.
4t'��
PAUL M. WALTERS
Chief of Police
13A -2
SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
April 24, 2012
CALL TO ORDER
The meeting was convened at 6:00 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police
Community Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez, Sal Tinajero, and David Benavides
Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorneys Teresa Judd
and Melissa Crosthwaite, Deputy Chief Carlos Rojas, Commander Ken Gominsky, Jay Trevino, Alvaro
Nunez, Commander James Schnabl, and Loretta Tafoya, Recording Secretary.
Public sign -ins: Rene D. Guzman, Avid Reichert, Karen Blue, Tom Cannon, Monica Molina, Julie Stroud,
Connie Hamilton, Irma Macias, Rosa Aldaz, Evelyn Rodriguez, Angie Higared, Cristina Damian, Sharon
Portman, Helen Cannon, Sharon Tipton, Jerry Vargas, John Franks.
SUMMARY OF DISCUSSIONS
1. PUBLIC COMMENTS
• Steve M. Guigan from the Westend COP is disappointed that Santa Ana is known for
their marijuana dispensaries. He stated that the fire department and police department
should also be working together with the dispensaries regarding public safety issues. He
also mentioned how upset he was with the marijuana machine.
• Sharon Portman stated she has lived in Santa Ana for over 50 years, and she loves the
fact that it is a diverse community. She never heard of any problems with any disease.
• Helen Cannon stated she had taken surveys throughout the county and has not come
across any complaints.
• Karen Blue also supports the Chicken Ordinance. She has a neighbor that has chickens
and has not had any problems.
• Monica Molina supports the Chicken Ordinance and is hoping the footage between
dwellings is reduced.
• Sharon Tipton has concerns regarding the Camping Ordinance. She worries about the
homeless getting ticketed when they have no place to sleep. She has done informal
study that showed there are no beds for single men. She would like an amendment to
the camping ordinance so the City can provide the homeless to get assistance.
• Grace Ouach supported the Chicken Ordinance. She has them with her children and has
never has had a problem with illness. Grace brought a board with pictures showing her
children playing with the chickens and showing the difference between store bought eggs
and eggs from her chickens that she raises at home.
APPROVAL OF MINUTES
Minutes of the January 24, 2012 meeting approved.
SEX OFFENDER ORDINANCE
Committee member Claudia Alvarez stated the City of Santa Ana is the first city in the county to
have a Sex Offender Ordinance. Committee member Claudia Alvarez thanked Assistant City
Attorney Teresa Judd and Police Chief Paul Walters for the work on the Ordinance. Committee
member Alvarez presented a TV clip that was shown six years ago on the new sex offender
ordinance.
13A -3
Assistant City Attorney Teresa Judd reviewed the purpose and definitions of the ordinance and
the difference between the City and County ordinance. Committee member David Benavides
asked Assistant City Attorney Teresa Judd what her recommendations were as to including
additional locations. She stated if the city wanted to add new children's facilities they should be
specified in the named ordinance. Committee member Tinajero stated he felt the Ordinance
should be made more restrictive. After a discussion by Committee members and staff, a motion
was made and unanimously passed the recommendation that the City Council consider adopting
a revised ordinance that adds provisions similar to the county ordinance. The Committee also
recommended that KidWorks, the Orange County Therapeutic Arts Center, and the Main Library
be included in the list of Children's facilities. Committee member Alvarez agreed and is going to
have an email sent to the Council so they will have a list of suggestions they feel should be put in
the ordinance for the next council meeting.
4. CHICKEN ORDINANCE
Deputy Chief Rojas reviewed the chicken ordinance modifications. After researching numerous
ordinances in Orange County, modifying the distance to allow fowl to be kept 30 feet of any family
residence or building designated for human occupancy, with the exception of the owner, is a
reasonable distance. There is no data that determines the risk of disease and there is no
indication that noise complaints will increase. The distance reduction recommendation will be
consistent with the majority of Orange County cities. Deputy Chief Rojas recommends the
modifications. Committee member Alvarez made a motion to accept and Committee members
Benavides and Tinajero agreed to send to the Council.
5. INTEGRATED I.T. PRESENTATION
Deputy Chief Harrelson and Commander Jim Schnabl proposed an Integrated Software System
for the Santa Ana Police Department. They stated the major systems used at the Santa Ana
Police Department are: Computer Aided Dispatch (CAD), Report Writing (I R2), Jail Management
System (JMS), Records Management System, Digital Information Management System (SIMS)
and the Case Management system (CMS). The Integrated System would eliminate nearly all of
the repeat data entry based on research from agencies. Another important feature of the
integrated system is the ability to go virtually paperless. While the amount of data entry required
for our current systems continues to increase, the personnel needed to perform these task has
decreased. This has resulted in a back log of the workload. Committee member Benavides
asked about the upfront costs. Commander Schnabl stated there will be transition cost but
Integrated Software Systems would work with the Police Department to keep costs down.
Committee member Alvarez stated she was worried about the costs and would like an
independent company to review. Committee member Benavides appreciated working with
Commander Schnabi and asked what Chief Walter's recommendation was. Chief Walters stated
technology has been very important to the police department, and we want to be cost - effective.
We are still in recovery mode and we still don't have adequate reserves. Committee member
Benavides recommended City Hall I.T. and PD combine information. Committee member Alvarez
agreed. A motion was made to put on the next Public Safety Meeting agenda.
6. FIRE SERVICES EVALUATION
Chief Thomas stated a weekly "Executive Summary" report will sent to the City Manager that
include: news & events, board action, weekly update on response and preparedness, community
events, significant emergency incidents and a table listing incidents by major category. Following
a two -year period, OCFA and the City will evaluate the response performance for the current
configuration of response units in the City and discuss results of the analysis, including any
recommendations from either party for modifications that are warranted. Committee member
Alvarez stated she wanted to make sure the OCFA can still bring good service to the community.
She would also like to make a motion to have a six year plan to see if the City will stay with the
OCFA; make sure we protect all records regarding services; City Council have their own survey,
and have a quarterly survey of the percentage of firemen that have stayed with the City. She
asked if council agreed. Motion passed.
13A -4
MARIJUANA DISPENSARIES
Steve Trevino presents video to the committee regarding the news clip on the vending machine
that dispenses marijuana. He reviewed the background of the medical marijuana Proposition 215
and Senate Bill 420. In 2005, the City began a two year moratorium on medical marijuana. The
City regulation specifically prohibits medical marijuana dispensaries while not interfering with the
regulations of Proposition 215. The City stops businesses before they start. The City has
modified business license and certificate of occupancy applications to identify potential medical
marijuana dispensaries. Administrative citations are a very good tool. Cites are given to violating
tenants and the property owners who operate as a dispensary. Code Enforcement, Police
Department and the City Attorney's Office work together with the enforcement efforts. Deputy
City Attorney Melissa Crosthwaite reviewed the ordinance challenges. Committee member David
Benavides asked Deputy City Attorney Melissa Crosthwaite if we were successful in the cases
that were challenged. She said we were successful. Committee member Steve Trevino closed by
saying we approached this in a multi- faceted way and are committed to a comprehensive
approach. Committee members Claudia Alvarez and David Benavides thanked Deputy City
Attorney Melissa Crosthwaite, Jay Trevino, and Alvaro Nunez for their presentation and hard
work. Jay Trevino said the success is due to the cooperative efforts between Code Enforcement,
Police and City Attorney's Office. Committee applauded the legal team.
COMMITTEE MEMBER COMMENTS
David Benevides thanked everyone for attending the meeting.
9. ITEMS FOR NEXT MEETING
A. IT Presentation
B. Chief Thomas presentation on 4'" of July
NEXT MEETING DATE — Tuesday, June 26, 2012, 5:30 pm, Santa Ana Police Department Community
Room, 60 Civic Center Plaza, Santa Ana, California
ADJOURNMENT — 6:35 P.M.
2,1. I __
PAUL M. WALTERS
Chief of Police
13A -5
iB�l
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from various City departments in
accordance with the retention schedule outlined in City Council Resolution 2006 -045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for
the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth the retention period for
a particular record. The Municipal Code requires that the destruction of a City record be approved
by the City Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City
Attorney has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C -1
19C -2
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Executive Assistant to the City Manager
Date: August 1, 2012
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.
f,
19C -3
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2012
RECORD
RECORD
RECORD
EXPIRATION
CATEGORY
SERIES
DESCRIPTION
DATES
Chronological Files
Staff
Memoranda and Correspondence
August 1. 2010
and prior
Correspondence/
August 1, 2010
Chronological Files
Councilmember
Self- explanatory
and prior
Council Requests
Mayor
Inquiries processed for Mayor
August 1, 2010
and prior
Wards 1 through 6
Inquiries processed for Councilmembers
August 1, 2010
and prior
Correspondence
General Correspondence
Self- explanatory
August 1, 2010
and prior
Staff
Inquiries processed for Staff
August 1, 2010
and prior
Monthly Status
City Manager
Self- explanatory
August 1, 2010
Reports
and prior
Payroll Records
Council /Staff
Self- explanatory
August 1, 2010
and prior
August 1, 2010
Travel Folders
Council /Staff
Self- explanatory
and prior
APPROVE:
1
Paul M. Walters Date
City Manager
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
19C -4
CONSENT:
_ fad -�-
Sonia R. Carvalho Date
City Attorney
AUDITED BY:
Mark Lawrence Date
Exec. Assistant to the City Manager
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
QUARTERLY REPORT OF INVESTMENTS
AS OF JUNE 30, 2012
A- �-
CITY MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15f Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
In 1995, the State of California enacted legislation revising the reporting requirements relative to
investment of funds by governmental agencies. These requirements, which became effective on
January 1, 1996, mandate that a statement outlining the ability of The City to meet the budgeted
expenditures for the subsequent six months be submitted to the City Council on a quarterly basis.
The legislation dictates that this quarterly report contain the seven major elements listed below:
• Type of investments,
• Date of maturity,
• Par and dollar amounts invested in each security,
• Weighted average maturity of the investments,
• Market value as of the date of the report,
• Source of the market value information, and
• Any funds, investments or programs, including loans,
under the management of contracted parties.
State statutes require that a quarterly report be presented at a Council
office continues to provide this information monthly. The information is i n
law and the City's Investment Policy. The attached report (Exhibit 1
pooled investments held on behalf of the City as of June 30, 2012.
19D -1
meeting; however, our
compliance with State
accurately reflects all
Quarterly Report of Investments
August 6, 2012
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit 1 Treasurer's Report
WO] MA
CITY OF SANTA ANA
TREASURER'S REPORT
as of June 30, 2012
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19D -10
MEMORANDUM
To: Mayor and City Council Date: July 25, 2012
From: City Manager
Subject: COUNCIL AGENDA ITEM 19D — DOWNTOWN CMD ANNUAL REPORT
Based on the current issues regarding City Council conflicts of interest, staff is recommending
continuance of this item until such a time as there is a quorum of the City Council members eligible
to take action on this item.
Respectfully,
Paul M. Walters
19E -1
19E -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 16, 2012
TITLE:
DOWNTOWN SANTA ANA COMMUNITY
MANAGEMENT DISTRICT ANNUAL
REPORT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the 2011 -12 Downtown Santa Ana Community Management District annual report
submitted by Downtown Inc.;
2. Authorize staff to submit the FY 2012 -2013 Downtown Santa Ana Community Management
District Special Assessment date to the Orange County Auditor - Controller by August 10,
2012.
DISCUSSION
On December 15, 2008, the City Council adopted
Ana Community Management District (CMD) and
owners within the District to fund various activities in
the initial tax assessment be levied in FY 2009 -10
January 1, 2010 to December 31, 2014.
resolution establishing the Downtown Santa
the levy of an assessment of the property
the Downtown. The CMD plan provided that
and that the operating term of the CMD be
The City entered into a management agreement with Downtown Inc. on June 9, 2009 to operate
the Community Management District and to oversee the expenditure of the assessments collected
during the five -year term of the CMD. The ordinance establishing the Community Management
District and the management agreement with Downtown Inc. requires the submission of an annual
report to the City Council containing the following information:
1) Any changes including, but not limited to, the boundaries of the CMD or any benefit zones
within the district, the basis and method of levying the assessments, and any changes in
the classification of property if a classification is used (Exhibit 1);
2) The improvements and activities to be provided for that upcoming fiscal year, to be
presented at the meeting by Executive Director Vicky Baxter;
3) An annual budget for improvements and activity costs for the upcoming fiscal year (Exhibit
2);
19E -3
CMD Annual Report
July 16, 2012
Page 2
4) The method and basis of levying the assessment in sufficient detail to allow each real
property owner to estimate the amount of the assessment to be levied against his or her
property for that fiscal year (Exhibit 3);
5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year
(Exhibit 2);
6) The amount of any contributions to be made from sources other than assessments levied
pursuant to this part (Exhibit 2).
On August 24, 2011, the City Council modified the district boundaries to exclude territory from the
CMD. The Council also approved the Management District Plan and Engineer's Report to reflect
these boundary modifications. Downtown Inc. has recently submitted the 2011 -12 annual report
for the Downtown Santa Ana Community Management District and revised corporate bylaws
(Exhibit 4).
Based on the current issues regarding City Council conflicts of interest, staff is recommending that
this action be continued until such time as there is a quorum of the City Council members eligible
to take action on the item. Only upon City Council action to authorize the Downtown Inc. annual
report/budget can the Downtown Community Management District special assessment data be
submitted to the Orange County Auditor - Controller by the August 10, 2012 deadline.
FISCAL IMPACT
There is no fiscal impact associated with this action.
13 "UL(�
a�
Nancy T. E rds
Interim Execbfive Director
Community Development Agency
NTE /kg
Exhibit: 1. Boundary Map
2. Budget
3. Assessment Formula
4. Corporate Bylaws
19E -4
Downtown Inc.
Community Management District
Modified Boundaries
EXHIBIT 1
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Downtown Incorporated
2012 -2013 Draft Budget
Estimated Revenue
Property Tax Assessment
727,805.72
Membership Dues
3,600.00
Event Revenue
5,000.00
Sponsorships
10,000.00
Marketing Discretionary
746,405.72
Total Staff Salaries
30,000.00
FT Salaries
185,000.00
Part Time Salaries
36,000.00
Maintenance Uniforms
221,000.00
Indirect Employer Cost
Benefits
35,000.00
Payroll Taxes
20,000.00
Workers Compensation
2,500.00
Allowances
1,000.00
Marketing Discretionary
58, 500.00
Maintenance
30,000.00
Maintenance Program
126,100.00
Office Maintenance
1,200.00
Maintenance Uniforms
1,000.00
128, 300.00
Security
Ambassador Program
115,000.00
115, 000.00
Physical Enhancement
Furniture, Fixture, and Equipment
8,000.00
Banners /Decor /Lighting
8,000.00
Other Fixtures and Equipment
16,000.00
Marketing
2,000.00
Marketing Discretionary
60,000.00
Public Relations
30,000.00
Website Maintenance
10,000.00
Office Lease
100, 000.00
Furniture, Fixture and Equipment
Office Equipment Lease
5,000.00
Office Equipment Purchase
2,000.00
Other Fixtures and Equipment
1,500.00
Equipment/Facility Rental
2,000.00
Small tools and Equipment
1,250.00
11, 750.00
Operational Cost
Office Lease
18,000.00
1
19E -10
Downtown Incorporated
2012 -2013 Draft Budget
Telephones
4,200.00
Electricity
4,600.00
Security System
800.00
Parking Perm itsNalidation
2,000.00
Interne /Email
1,000.00
Copying, Printing, Binding
3,000.00
Subscription, Publications, Books
1,000.00
34,600.00
Services and Fees
Accounting Services
12,000.00
Payroll Processing
3,000.00
Taxes, License, Permits, Fees, Other
2,000.00
17, 000.00
Office Supplies
General Supplies
Film /Printing /Copying /Developing
2,500.00
Refreshments (meetings)
800.00
Awards /Plaques/Trophies /Gifts
500.00
Small tools /Equipment
500.00
Maintenance Supplies
500.00
4,800.00
Other
Conference/Workshop/Training
1,500.00
Dues /Membership /Fees
2,000.00
Subscriptions, Publications, Books
500.00
Postage
1,105.72
Meals & Entertainment/Travel
Allowance
1,000.00
Advertisement/Publicity
3,000.00
Contribution /Support to other
programs
2,000.00
Newsletter Production - Outside
2,250.00
Graphic /Artistic Design Services
2,500.00
Special Event Assistance
5,000.00
Unrestricted Funds
19,100.00
39,955.72
Projected Revenue
746,405.72
Total Expenses
746,405.72
2
19E -11
19E -12
Street Frontage Rate
Land Area Raft
SuMng Ara Raft
Fig Parcel Raft
$6.00 per tinear foot
100 Per square foot
15¢ Per square foot
$426 per parcel
47
EXHIBIT 3
19E -13
19E -14
BYLAWS OF DOWNTOWN INCORPORATED
Revised 2011
ARTICLE I. NAME AND PURPOSE
SECTION 1. NAME
The name of this Corporation shall be Downtown Incorporated.
SECTION 2. GENERAL PURPOSE
This Corporation is a nonprofit mutual benefit Corporation organized under the California Nonprofit
Mutual Benefit Corporation Law. In general, the purpose of this Corporation is to engage in any
lawful act or activity for which a Corporation may be organized under such law.
SECTION 3. SPECIFIC PURPOSE
The specific purpose of this Corporation is to enhance and promote the unique and varied economic
interests of Downtown as the historic, cultural, and commercial heart of the community of Santa Ana.
SECTION 4. LIMITATIONS
(a) This Corporation is not organized, nor shall it be operated, for pecuniary gain or profit, and it
does not contemplate the distribution of gains, profits, or dividends to the members thereof or
to any private shareholder or individual as defined in appropriate sections of the Internal
Revenue Code.
(b) Notwithstanding any of the above statements of purpose, this Corporation shall not, except to
an insubstantial degree, engage in any activities or exercise any powers that are not in
furtherance of the specific purposes of this Corporation.
(c) The property, assets, profits, and net income of this Corporation are dedicated irrevocably to
mutual benefit purposes, and no part of the profits or net income of the organization shall ever
inure to the benefit of any member, director, trustee, officer of the Corporation or to the benefit
of any private individual.
(d) This Corporation shall not participate in or intervene in (Including the publishing and
distribution of statements) any political campaign on behalf of any candidate for public office.
SECTION 5. DISTRICT BOUNDARIES
The Santa Ana Community Management District (CMD) encompasses properties shown on the
Downtown map which is attached as Attachment A and made a part of these Bylaws.
SECTION 6. USE OF THE TERMS "ASSOCIATION" AND "CORPORATION"
The word "Corporation" as used in these Bylaws shall mean Downtown Incorporated.
EXHIBIT 4
19E -15
ARTICLE II. PRINCIPAL OFFICES
SECTION 1. PRINCIPAL OFFICE
The principal office of Downtown Incorporated for the transaction of its business shall be located
within the District identified in Article I, Section 5 of these Bylaws, in the city of Santa Ana, county of
Orange, state of California, at such location as the Board of Directors may determine from time to
time.
SECTION 2. CHANGE OF ADDRESS
The Board of Directors may change the principal office from one location to another within the named
city by action properly noticed and duly taken at a regular meeting of the Board of Directors. Notice
of said change of address shall be given to all members within thirty (30) days following the Board's
action.
SECTION 3. OTHER OFFICES
The Corporation may also have offices at such other places, within or without the state of California,
where it is qualified to do business, as its business may require and as the Board of Directors may,
from time to time, designate.
ARTICLE III. MEMBERSHIP
SECTION 1. GROUPS, RIGHTS AND QUALIFICATIONS
Downtown Incorporated shall have (3) classifications of members as follows:
(a) Regular Members. Regular membership shall be open to the following:
Group 1 — (Non - Residential Property Owner Any) Any person, partnership, firm, Corporation,
or entity who owns non - residential real property within the Downtown Santa Ana Community
Management
District as described in Article I Section 5 of these Bylaws.
Group 2 — (Residential Property Owner) Any person, partnership, firm, Corporation, or entity
who owns residential
real property within the Downtown Santa Ana Community Management District as
described in Article I Section 5 of these Bylaws.
Group 3 — (Mixed use Property Owner) Any person, partnership, firm, Corporation, or entity
who owns real
property generally considered suitable for "live- work" uses within the Downtown
Santa Ana Community Management District as described in Article I Section 5 of
these Bylaws.
19E -16
Rights of Regular members are as follows:
1. May serve on The Board of Directors;
2. Committee Participation, including chair;
3. Attendance at all corporation functions;
4. Voting on all issues brought before the corporation membership
(b) Associate Members. Open to all others not eligible for Regular Membership.
Rights of Associate Members are as follows:
1. Committee participation, excluding chair; and
2. Attendance at all corporation functions
(c) Advisory Membership. Open to organizations selected by the Board of Directors which are
not eligible for Regular Membership, including the Santa Ana Police Department, City of Santa
Ana Economic Development, etc.
Rights of Advisory members are as follows:
1. May serve on the Board of Directors;
2. Committee participation, including chairing a committee;
3. Attendance at all Corporate functions;
4. Shall not have the right to vote.
SECTION 2. ELIGIBILITY
(a) Regular Members. All Regular Members within the District described in Article I Section 5 of
these Bylaws is automatically eligible to have one (1) representative as a Regular Member of
Downtown Incorporated.
(b) Associate Members. Any person or entity who submits an application to the Board of
Directors, or who is invited by the Board, to become an Associate Member, is eligible to be an
Associate Member of Downtown Incorporated.
(c) Limits on Membership. No member shall hold more than one membership in Downtown
Incorporated.
SECTION 3. QUALIFICATIONS AND ADMISSION
(a) Regular Members. Any person designated for Regular Membership in Downtown Incorporated
who agrees to be bound by the Articles of Incorporation of Downtown Incorporated, by these
Bylaws, and by the rules and regulations adopted by the Board of Directors, may apply to
become a Regular Member of Downtown Incorporated by executing and filing with the
Secretary of Downtown Incorporated an application for membership and making payment of
dues as prescribed from time to time by the Board of Directors. Upon approval by the Board of
Directors, the applicant shall become a Regular Member of Downtown Incorporated.
(b) Associate Members. Any other person may apply for Associate Membership in Downtown
Incorporated by executing and filing with the Secretary of Downtown Incorporated an
application for membership and making payment of dues as prescribed from time to time by
the Board of Directors. Upon approval by the Board of Directors, the applicant shall become
an Associate Member of Downtown Incorporated.
19E -17
SECTION 4. DUES
The Board of Directors shall, in its discretion, set an initial membership fee and /or annual dues for
each new Regular and Associate Member payable upon admission to membership in the corporation
and each year thereafter. Dues shall be assessed against Members in such manner and in such
amounts as may from time to time be prescribed by the Board of Directors. Regular Members paying
special assessments under any type of special or benefit assessment district, the proceeds of which
are used for the benefit of Downtown Incorporated, shall have their annual dues waived.
SECTION 5. NUMBER OF MEMBERS
There is no limit on the number of members Downtown Incorporated may admit to any member class
or to Downtown Incorporated overall.
SECTION 6. RECORD DATE OF MEMBERSHIP AND NOTICE OF DESIGNATION
For purposes of determining the members entitled to receive notice of and to vote at any meeting, the
Board of Directors may fix, in advance, a record date which shall not be more than sixty (60) days nor
fewer than ten (10) days before the date of any such meeting and, in this event, only members of
record at the close of business on the date so fixed are entitled to receive notice and to vote, except
as otherwise provided in California Nonprofit Corporation Law.
Each property owner eligible to have a representative as a Regular Member of Downtown
Incorporated shall submit its written designation to the Secretary at least fifteen (15) days prior to the
annual members meeting.
SECTION 7. TERM
Each Regular Member is entitled to represent his or her property until such time as the property
owner submits a letter to the Secretary designating another individual to be that property's
representative.
SECTION 8. TRANSFERABILITY OF MEMBERSHIP
Neither the membership in Downtown Incorporated nor any rights in the membership may be
transferred or assigned for value or otherwise.
SECTION 9. NONLIABILITY OF MEMBERS
No member, or the property he or she represents, shall be personally liable for the debts, liabilities, or
obligations of Downtown Incorporated.
SECTION 10. SUSPENSIONITERMINATION OF MEMBERSHIP —CAUSES
Membership of any member shall be suspended or terminated upon occurrence of any of the
following events:
(a) The resignation of the member.
19E -18
4
(b) The failure of the property represented by the Regular Member to pay the annual dues or any
charges, fees, taxes, or assessments imposed. Such membership and respective
membership rights shall be held in suspension until such time as the entire fee, including any
penalties and interest, are paid.
(c) The determination by the Board of Directors, or a committee designated to make such
determination, that the member has failed in any material and serious degree to observe the
Articles of Incorporation, these Bylaws, or the rules and regulations adopted by the Board of
Directors.
Any member whose membership is terminated either pursuant to this Article or by virtue of no longer
qualifying for membership (Regular Members only), shall automatically have his or her respective
rights terminated.
SECTION 11. SUSPENSION/TERMINATION OF MEMBERSHIP —PROCEDURE
Any member subject to suspension or termination, with the exception of automatic termination for the
nonpayment of dues, shall have the right to be heard by the Board of Directors at a meeting called for
that purpose. Following a determination that a member should be expelled pursuant to Article III
Section 10c of these Bylaws, the following procedures shall be implemented:
(a) Notice shall be sent by United States First Class or Registered Mail to the most recent address
of the member as shown on Downtown Incorporated's records, setting for the proposed
suspension /termination and the reasons therefore. Such notice shall be sent at least fifteen
(15) days before the proposed effective date of the suspension /termination.
(b) The member being expelled shall be given an opportunity to be heard, either orally or in
writing, at a hearing to be held no fewer than five (5) days before the effective date of the
proposed suspension /termination. The hearing shall be held by a special committee
composed of not fewer than three (3) Directors appointed by the President (or a designee
appointed by the Board if the President is the culprit). The notice to the member of his or her
proposed suspension /termination shall state the date, time, and place of the hearing on the
proposed suspension /termination.
(c) Following the hearing, the committee shall decide whether the member should, in fact, be
terminated, suspended, or sanctioned in some other way. The decision of the committee shall
be final.
(d) The termination, suspension, or sanctioning of a Regular Member shall not reduce the
represented property owner's power under Article III Section 2(a) to designate another
individual for Regular Membership unless such termination, suspension, or sanctioning is due
to the failure of the property owner to pay any charges, fees, taxes, or assessments imposed,
in which case, such business shall not be eligible to designate a Regular Member pursuant to
Article III Section 2(a) of these Bylaws.
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SECTION 12. RIGHTS
(a) Voting.
(i) The voting rights of each Regular Member are:
Group 1 shall be entitled to ten (10) votes when voting on any corporation matter.
Group 2 shall be entitled to one (1) vote when voting on any corporation matter.
Group 3 shall be entitled to two (2) votes when voting on any corporation matter.
(ii) The voting rights of each Associate Members are:
Associate Members shall be entitled to participate in the discussions of the membership, but
shall not be entitled to vote.
(b) Property Rights. No member, or the property he or she represents, shall have any right or
interest in any property or assets of Downtown Incorporated.
(c) Right to Inspect. Each and every Regular Member shall have the following inspection rights,
for a purpose reasonably related to such person's interest as a member to:
(i) Inspect and copy the record of all members' names, addresses, and voting rights, at
reasonable times, upon five (5) business days' prior written demand on Downtown
Incorporated, which demand shall state the purpose for which the inspection rights are
requested.
(ii) Obtain from the Secretary of Downtown Incorporated, upon written demand and
payment of a reasonable charge, a list of the names, addresses, and voting rights of
those members entitled to vote for the election of Directors as of the most recent record
date for which the list has been compiled, or as of the date specified by the member
subsequent to the date of demand. The demand shall state the purpose for which the
list is requested. The membership list shall be made available within ten (10) business
days after the demand is received.
(iii) Inspect at any reasonable time the books, records, or minutes of proceedings of the
members or of the Board or committees of the Board, upon written demand on
Downtown Incorporated by the member, for a purpose reasonably related to such
person's interests as a member.
(iv) Downtown Incorporated Membership materials may only be used in connection with
business of downtown Incorporated as set forth in Article I. Section 3. Specific Purpose
of these bylaws. The unauthorized use of downtown Incorporated Membership
materials is cause for suspension or termination of membership.
19E -20
(d) Board of Directors. Each Regular Member in Group 1 shall be eligible to seek election to
serve on the Board of Directors. Each Regular Member from Group 2 and Group 3 shall be
eligible to be appointed to serve on the board of Directors as provided for under Article V.
Section1 of these bylaws.
(e) Committees. Each Regular Member and Associate Member shall have the right to serve on
committees. Regular Members may serve as chair of a committee; Associate Members may
not serve as chair.
SECTION 13. MEMBERSHIP BOOK
Downtown Incorporated shall keep, to the best of its ability, in written form, or in any form capable of
being converted into written form, a membership book containing the name, address, and class of
each member. The book shall also contain the facts of termination and the date on which such
membership ceased. Such book shall be kept at the principal office of Downtown Incorporated and
shall be subject to the rights of inspection required by law and as set forth in Article III Section 12(c)
and Article X Section 5 of these Bylaws.
other means of written communication. An affidavit of mailing or other means of giving any notice of
any members' meeting which is executed by the Secretary, an Assistant Secretary or any transfer
agent of the Corporation shall be prima facie The record of names and addresses of the members of
Downtown Incorporated shall constitute the membership list of Downtown Incorporated and shall not
be used, in whole or in part, by any person for any purpose not reasonably related to a member's
interest as a member.
ARTICLE IV. MEETINGS OF MEMBERS
SECTION 1. PLACE
All meetings of the Regular Members shall be held at such place as may be designated by the Board
of Directors. In the absence of such designation, the meeting shall be held at the principal office of
Downtown Incorporated.
SECTION 2. ANNUAL MEETINGS
An annual meeting of the Regular Members of Downtown Incorporated shall be held during the month
of April of each year for the purpose of transacting such business as may properly be brought before
the membership.
SECTION 3. REGULAR MEETINGS OF MEMBERS
Regular meetings of the membership shall be held as designated by the Board of Directors. Such
time and location of regular meetings shall be scheduled, to the greatest extent possible, for the
benefit and convenience of Downtown Incorporated's membership so as to encourage attendance
and active participation. Notice of the time and place of regular meetings of members shall be
provided at least ten (10) days in advance of each meeting.
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SECTION 4. SPECIAL MEETINGS
Special meetings of the Regular Members for the purpose of taking any action permitted under the
California Nonprofit Corporation law and the Articles of Incorporation of Downtown Incorporated may
be called at any time by the Board of Directors or the President or the Treasurer or upon written
request of not less than five percent (5 %) of the Regular Members of Downtown Incorporated. The
special meeting shall be scheduled by the President to be held no fewer than twenty (20) nor more
than forty -five (45) days after such meeting request is received by the Secretary. Notice of any
special meeting requested by the Regular Members, as provided for above, shall be given by
personal delivery or United States First Class mail to each of the Regular Members, within ten (10)
days after the receipt of the request.
SECTION 5. CONDUCT OF MEETINGS
(a) Meetings of Regular Members shall be presided over by the President or, in the President's
absence, by the vice President or, in the absence of both, by a chair chosen by a majority of
the members present in person.
(b) The Secretary shall act as Secretary at all meetings of Regular Members provided that, in the
Secretary's absence, the presiding officer shall appoint another person to act as the Secretary
of the meeting.
(c) Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from
time to time, insofar as such rules are not inconsistent or in conflict with these Bylaws, with the
Articles of Incorporation, or with law.
SECTION 6. NOTICE OF MEMBERSHIP MEETINGS
(a) Notice to be Given. Except as provided in Article IV Section 4 of these Bylaws, whenever the
members are required or permitted to take any action at a meeting, notice of the meeting of the
Regular Members shall be given by the Secretary at least ten (10) days but not more than
ninety (90) days prior to the date of the meeting. Notices may be personally delivered to a
Regular Member or mailed by United States First Class Mail to the address of the property
which the Regular Member represents. The notice shall specify the date, place, and hour of
the meeting and, in the case of a special meeting, shall specify the general nature of each
matter to be considered. The notice of any meeting at which Directors are to be elected shall
include the names of all those who are nominees at the time the notice is given.
(b) Manner of Giving Notice. Notice of any meeting of the members shall be given in writing either
personally or by United States First Class Mail or telegraphic facsimile or electronic mail or
other written communication, charges prepaid, addressed to each member at his or her
address appearing on the books of Downtown Incorporated or given by such member to
Downtown Incorporated for the purpose of notice. Any notice shall be deemed to have been
given at the time when delivered personally or sent by electronic mail or deposited in the mail
or sent by facsimile or evidence of the giving of such notice.
19E -22
SECTION 7. QUORUM
A quorum for the transaction of business shall consist of five percent (5 %) of the Regular Members.
Each Regular Member counted for purposes of satisfying the quorum requirement must be present in
person.
SECTION 8. LOSS OF QUORUM
The members present at a duly called or held meeting at which a quorum is present may continue to
do business only until the withdrawal of enough members to leave less than a quorum. Any action
taken after such withdrawal shall not be valid unless ratified pursuant to Article IV Section 11 of these
Bylaws.
SECTION 9. ADJOURNMENT FOR LACK OF QUORUM; NOTICE
In the absence of a quorum, any meeting of members may be adjourned by a vote of a majority of the
members present. No other business shall be transacted. When a meeting is adjourned for thirty
(30) days or more, notice of the adjourned meeting shall be given as in the case of the original
meeting. When a meeting is adjourned for fewer than thirty (30) days, it is not necessary to give
notice of the time and place of the adjourned meeting or of the business to be transacted thereat
other than by announcement at the meeting at which the adjournment is taken.
SECTION 10. WAIVER OF NOTICE; CONSENT OF ABSENTEES
The transactions of any meeting of the members, however called and noticed and wherever held, are
as valid as though the meeting had been duly held after proper call and notice, provided a quorum, as
herein defined, is present and provided that, either before or after the meeting, each person entitled
to vote not present signs a waiver of notice, or a consent to hold the meeting, or an approval of the
minutes thereof. Attendance of a person at a meeting shall constitute a waiver of notice of meeting
except when the person objects at the beginning of the meeting that the meeting is not lawfully called.
All such waivers, consents, or approvals shall be filed with the corporate records or made a part of
the minutes of the meeting.
SECTION 11. ACTION BY WRITTEN BALLOT WITHOUT A MEETING; WRITTEN CONSENTS
Any action which, under any provision of these Bylaws may be taken at a meeting of members, may
be taken without a meeting if a written ballot is distributed to every member entitled to vote and the
number of ballots returned and received is equal to at least a quorum. All such written ballots are
irrevocable and shall be filed with the Secretary and maintained in the corporate records. Said written
notice may be delivered by First class United States Mail or by electronic mail.
SECTION 12. VOTING
(a) Majority. Except as otherwise provide in these Bylaws, a measure shall be affirmed by a
simple majority of the voting power represented at the meeting, and voting on the measure.
(b) Proxies Prohibited. Every Regular Member entitled to vote shall do so in person. No proxies
shall be permitted.
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ARTICLE V. DIRECTORS
SECTION 1. NUMBER
(a) Downtown Incorporated shall have fifteen (15) Directors and collectively they shall be known
as the Board of Directors.
(b) The Board of Directors shall be comprised of thirteen (13) seats elected by the membership
from Group 1 of the Regular Membership, one (1) ex Officio seat designated for the appointed
representative of the City of Santa Ana, two (2) seats appointed by the twelve elected
Directors, one of which will be from Group 2 or Group 3 of the Regular Membership, and two of
which are not a Regular Member, but shall be downtown business owners who do not also
own property within the Downtown Santa Ana Community Management District. (Revised in
2011 to include two merchant business owners).
Due to the partnership with California State University, Fullerton a suggestion was made by the
board that there be an academic representative to serve on the Board.
September 16, 2010 a motion was made and seconded, to add an Academic
Representative to the board. Due to lack of quorum at the September meeting an
electronic vote to all Board members was sent out. It was a unanimous vote to elect
Mike McGee to serve for a period of 1 year with renewal each year similar to the
merchants and resident representative. (Board of Directors increased from 12 to 13,
amended at the September 2010 Meeting).
Ex Officio and appointed Directors shall be allowed to vote on all matters before the Board, but
shall not be eligible to hold office. (Amended at the October 2009 Mtg). No longer shall the
Ex Officio be allowed to vote on all matters before the Board.
SECTION 2. USE OF THE TERMS "DIRECTORS" AND "BOARD"
The words "Directors" and "Board" as used in the Articles of Incorporation of Downtown Incorporated,
or in these Bylaws in relation to any power or duty requiring collective action, mean "Board of
Directors."
SECTION 3. QUALIFICATIONS, ELIGIBILITY, AND ELECTION
All Directors, except the ex officio and appointed Directors, shall be Regular Members of Downtown
Incorporated who shall be elected at the Annual Meeting of Members. A person must have been a
member for at least one (1) year to be eligible to serve as a Director. Directors shall be elected by
Regular Members in good standing in an election process conducted in a manner and voting
procedure determined by the Board of Directors.
SECTION 4. TERM
A full term for an elected Director shall be for a period of three (3) years commencing with the annual
organizational meeting described in Article V Section 11 of these Bylaws. Ex Officio and appointed
Directors shall be appointed for a one (1) year term. There shall be no limit on the number of terms
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19E -24
an individual may be elected or appointed to the Board, except that after two consecutive terms, a
member will be ineligible to serve for a period of one year.
SECTION 5. POWERS
Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the Articles
of Incorporation or these Bylaws, the activities and affairs of Downtown Incorporated shall be
conducted and all corporate powers shall be exercised by or under the direction of the Board of
Directors. The Directors shall exercise the powers of Downtown Incorporated, control its property,
and conduct its affairs, except as otherwise provided by law, the Articles of Incorporation, or by these
Bylaws. Each Director shall have one (1) vote as to matters before the Board of Directors.
SECTION 6. DUTIES
It shall be the duty of the Directors to:
(a) Perform any and all duties imposed on them collectively or individually by law, by the Articles
of Incorporation of Downtown Incorporated, or by these Bylaws.
(b) Appoint and remove, employ and discharge and, except as otherwise provided in these
Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents, and
employees of Downtown Incorporated.
(c) Supervise all officers, agents, and employees of Downtown Incorporated to assure that their
duties are performed properly.
(d) Establish general policy direction for Downtown Incorporated and the CMD.
(e) Set and periodically revise long -term goals and objectives for both Downtown Incorporated and
the CMD.
(f) Collectively represent the CMD as a whole to the larger community
(g) Meet at such times and places as required by these Bylaws.
(h) Register their addresses and telephone numbers with the Secretary of Downtown
Incorporated. Notices of meetings mailed or electronically transmitted to them at such
addresses and telephone numbers shall be valid notices thereof.
SECTION 7. COMPENSATION
Directors shall serve without compensation, except that the Board of Directors may approve, in
advance, reimbursement of expenses incurred by members of the Board in performance of their
duties, and /or for special services rendered by a particular Director, provided that such special
service is considered reasonable and allowable under these Bylaws.
19E -25
SECTION 8. RESTRICTION REGARDING INTERESTED DIRECTORS
Notwithstanding any other provision of these Bylaws, not more than twenty -five percent (25 %) of the
persons serving on the Board may be interested persons. For purposes of this section, "interested
persons" means either:
(a) Any person currently being compensated by Downtown Incorporated for services rendered it
within the previous twelve (12) months, whether as an officer or employee, independent
contractor, or otherwise, or
(b) Any brother, sister, ancestor, descendant, spouse, brother -in -law, sister -in -law, son -in -law,
daughter -in -law, mother -in -law, or father -in -law of any such person.
SECTION 9. RESIGNATION AND REMOVAL
(a) Resignation. Any Director of Downtown Incorporated may resign at any time by giving written
notice to the President or to the Board. Such resignation shall take effect at the time specified
therein and, unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. Three (3) consecutive absences from regular meetings of the
Board of Directors shall constitute resignation, effective at the conclusion of the third (3`d) such
meeting, unless prior approval has been granted by the Board of Directors. No Director may
resign if Downtown Incorporated would then be left without a duly elected Director or Directors
in charge of its affairs, except upon notice to the Attorney General.
(b) Removal.
(i) Absenteeism by a Director of more than three (3) Board Meetings in a six (6) -month
period without a leave of absence granted by the Board of Directors shall be grounds for
removal by a two- thirds (2/3) majority vote of the Board of Directors, such removal to
take effect upon such vote.
(ii) Any Director may be removed from office if a simple majority of the Regular Members,
with or without cause, vote for removal of said Director.
(iii) Any Director is subject to removal from the Board of Directors, with cause, by a two -
thirds (2/3) majority vote of Directors present and voting.
Vacancies created by reason of any resignation or removal shall be filled as provided in Article V
Section 10 of these Bylaws.
Nothing herein shall prohibit the Board of Directors from granting a leave of absence if, in the opinion
of the Board, such leave will not affect the operations of the Board.
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SECTION 10. VACANCIES
Vacancies on the Board of Directors shall be filled by the remaining members of the Board of
Directors who shall pass a motion to appoint a new Director. A Director so appointed will fill the
unexpired term of the Director being replaced.
A vacancy or vacancies in the Board of Directors shall be deemed to exist upon the occurrence of
any of the following:
(a) Death, resignation, or removal of any Director as a Regular Member.
(b) The declaration or resolution of the Board of a vacancy in the office of a Director who has been
declared of unsound mind by an order of court or convicted of a felony, or who has been found
by a final order or judgment of any court to have breached a duty under California law.
(c) The vote of a simple majority of the members or a two- thirds (2/3) majority of the Board to
remove a Director.
(d) An increase of the authorized number of Directors.
SECTION 11. ORGANIZATION MEETING
Immediately prior to convening the first regular meeting of the Board of Directors in the month of May,
following the regularly scheduled Annual Meeting of the Members in the month of April, the Board of
Directors shall convene a regular meeting for the express purpose of organization, installation of
newly elected Directors, election of officers, and the transaction of such other organizational business
to come before the Board. Written notice is hereby dispensed with.
SECTION 12. REGULAR MEETINGS
Regular meetings of the Board of Directors shall be held at least quarterly at such time as shall be
prescribed from time to time by resolution of the Board.
Revised: 9/16/2010
Staffs recommends going dark in August and December due to lack of attendance.
Approved unanimously by the board, added to bylaws.
SECTION 13. SPECIAL MEETINGS
Special meetings of the Board of Directors for any purpose or purposes may be called by the
President, or if absent or unable to act, by the Vice President, or if the Vice President is absent or
unable to act, the Secretary, or if the Secretary is absent or unable to act, the Treasurer, or by any
two Directors submitting to the responsible officer a written request for a special meeting, said
request stating the issue to be addressed at the special meeting. The responsible officer shall fix a
date, time, and place for the special meeting no more than seven (7) business days after receipt of
the request. Such meetings shall be held at the place, within or without the state of California,
designated by the person or persons calling the meeting, and in the absence of such designation, at
the principal office of Downtown Incorporated.
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SECTION 14. PLACE OF MEETINGS
Meetings shall be held at the place within the District which has been designated by resolution of the
Board unless an alternative location has otherwise been designated by resolution of the Board of
Directors. In the absence of such designations, meetings shall be held at the principal office of
Downtown Incorporated. Any meeting, regular or special, may be held by conference telephone or
similar communications equipment, as long as all Directors participating in such meeting can hear
one another.
SECTION 15. NOTICES
(a) Meetings. Regular meetings of the Board may be held without notice. Special meetings of the
Board shall be held upon three (3) days notice by United States First Class Mail or forty -eight
(48) hours notice delivered personally or by electronic mail, telephone, telegraph, or other
electronic means. If sent by electronic mail, mail, or telegraph, the notice shall be deemed to
be delivered on its date of electronic mail, deposit in the mail, or its delivery to the telegraph
company. Such notices shall be addressed to each Director at his or her address as shown on
the books of Downtown Incorporated. Directors may designate an e-mail address as an
additional official address for receiving notice.
(b) Adjournment. Notice of the time and place of holding an adjourned meeting need not be given
to absent Directors if the time and place of the adjourned meeting are fixed at the meeting
adjourned and if such adjourned meeting is held no more than twenty -four (24) hours from the
time of the original meeting. Notice shall be given of any adjourned regular or special meeting
to Directors absent from the original meeting if the adjourned meeting is held more than
twenty -four (24) hours from the time of the original meeting.
Notice of meetings not herein dispensed with shall specify the place, day, and hour of the meeting.
The purpose of any Board meeting may, but need not, be specified in the notice.
SECTION 16. VALIDATION OF MEETING DEFECTIVELY CALLED OR NOTICED AND WAIVER
OF NOTICE AND CONSENT TO HOLDING MEETINGS
The transactions of any meeting of the Board, however called and noticed and wherever held, shall
be as valid as though it had been at a meeting duly held after proper call and notice, provided a
quorum, as hereinafter defined, is present, and provided that, either before or after the meeting, each
of the Directors not present signs a waiver of notice, a consent to hold the meeting, or an approval of
the minutes thereof. All such waivers, consents, or approvals shall be filed with the corporate records
or made a part of the minutes of the meeting.
SECTION 17. QUORUM
The number of Directors necessary to constitute a quorum for the transaction of business, except to
adjourn as hereinafter provided, shall be eight (8) Directors. Except as otherwise provided in these
Bylaws or in the Articles of Incorporation of Downtown Incorporated, or by law, no business shall be
considered by the Board at any meeting at which a quorum is not present.
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SECTION 18. CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over by the President of Downtown Incorporated
or, in the President's absence, by the Vice President, if the Board of Directors has elected a Vice
President or, in the absence of each of these persons, by a Chairperson chosen by a majority of the
Directors present at the meeting. In the absence of the President and Vice President, the Secretary
will call the meeting to order to conduct the election of the temporary presiding officer. The Secretary
of Downtown Incorporated shall act as Secretary of all meetings of the Board provided that, in his or
her absence, the presiding officer shall appoint another person to act as Secretary of the meeting.
Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to
time, insofar as such rules are not inconsistent with or in conflict with these Bylaws, the Articles of
Incorporation of Downtown Incorporated, or with provisions of law. Members of the Board may
participate in a meeting through use of conference telephone or similar communications equipment,
as long as all members participating in such meeting can hear one another. Such participation shall
constitute presence at the meeting.
SECTION 19. MAJORITY ACTION AS BOARD ACTION.
(a) Every act or decision done or made by a majority of the Directors present at a
meeting duly held at which a quorum is present is the act of the Board of Directors, unless the
Articles of Incorporation or Bylaws of this Corporation, or provisions of the California Nonprofit
Corporation Law require a greater percentage or different voting rules for approval by the
Board.
(b) Proxies Prohibited. Every Director entitled to vote at any meeting of the Board of Directors
shall do so in person. No proxies shall be permitted.
SECTION 20. ELECTRONIC APPEARANCE
Teleconferencing and videoconferencing, as authorized by §54953 of the Ralph M. Brown Act
may be used for all purposes in connection with meetings. All votes taken during a
teleconferenced and video conference meeting shall be by roll call. If teleconferencing or
videoconferencing is used, the Board shall post the agenda at all teleconference and
videoconference locations and conduct meetings in a manner that protects the constitutional
rights of the parties or the public appearing before the Board. Each location shall be identified
in the notice and agenda of the meeting.
SECTION 21. ADJOURNMENT
A majority of the Directors present, whether or not a quorum is present, may adjourn any Board
meeting to meet again at a stated day and hour or from time to time until the time fixed for the next
regular meeting of the Board. The Directors present at a duly called and held meeting at which a
quorum is initially present may continue to do business notwithstanding the loss of a quorum due to a
withdrawal of Directors from the meeting, provided that any action taken thereafter must be approved
by at least a majority of the required quorum for such meeting or such greater percentage as may be
required by law, the Articles of Incorporation, or Bylaws of Downtown Incorporated. When a meeting
is adjourned for lack of a quorum, it shall not be necessary to give any notice of the time and place of
the adjourned meeting or of the business to be transacted at such meeting, other than by
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announcement at the meeting at which the adjournment is taken, except as provided in Section 15(b)
of this Article.
SECTION 22. ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT MEETING
Any action required or permitted to be taken by the Board of Directors under any provision of law
may be taken without a meeting, if all members of the Board shall individually or collectively consent
in writing to such action. Such written consent or consents shall be filed with the minutes of the
proceedings of the Board. A request for a vote by telephone or electronically may be allowed. A
reasonable attempt must be made to reach all Directors. A record of calls made, and the results of
said attempt and call must be duly recorded, and shall become part of the minutes of the following
meeting of the Board of Directors. Those Directors voting by telephone shall subsequently put their
vote in writing and such written ballot shall be made part of the minutes of the next meeting of the
Board of Directors. Such action by written consent or telephone vote shall have the same force and
effect as the unanimous vote of the Directors. Any certificate or other document filed under any
provision of law which relates to action so taken shall state that the action was taken by unanimous
written consent of the Board of Directors without a meeting and that the Bylaws of Downtown
Incorporated authorized the Directors to so act, and such statement shall be prima facie evidence of
such authority.
SECTION 23. NONLIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the
Corporation. Downtown Incorporated shall maintain a policy of Directors and Officers liability
insurance coverage for the benefit of the Corporations Directors and Officers. Said directors and
Officers insurance shall only be purchased from an insurance company that is licensed to do
business in California and is determined to be financially solvent by the California State Insurance
commissioner. Said insurance shall be purchased by the Corporation upon the approval of the
Corporation's Directors.
SECTION 24. INDEMNIFICATION BY CORPORATION OF DIRECTORS
To the extent that a person who is, or was, a Director, officer, employee or other agent of Downtown
Incorporated has been successful on the merits in defense of any civil, criminal, administrative or
investigative proceeding brought to procure a judgment against such person by reason of the fact that
he or she is, or was, an agent of the Corporation, or has been successful in defense of any claim,
issue or matter, therein, such person shall be indemnified against expenses actually and reasonably
incurred by the person in connection with such proceeding.
If such person either settles any such claim or sustains a judgment against him or her, then
indemnification against expenses, judgments, fines, settlements and other amounts reasonably
incurred in connection with such proceedings shall be provided by Downtown
Incorporated but only to the extent allowed by, and in accordance with the requirements of California
Nonprofit Corporation Law.
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ARTICLE VI. NOMINATIONS AND ELECTIONS
SECTION 1. NOMINATIONS AND ELECTION - DIRECTORS
The annual election of Regular or Advisory members to the Board of Directors shall be conducted as
follows:
(a) The Board shall, at least thirty (30) days prior to the Annual Meeting, announce in writing to the
membership, the solicitation of candidates for pending board vacancies.
(b) (b) The board may require a letter of intent or application to serve on the board of Directors
from eligible interested candidates.
(c) (c)At a special meeting or meetings of the Board, eligible candidate applications for Board
vacancies shall be reviewed and considered by the Board. Interviews may be conducted. The
board shall vote to fill such vacancies from the list of eligible candidates in accordance with
Article III of these Bylaws, with the election results announced by the presiding officer at the
Annual Meeting.
(d) Notwithstanding the foregoing provision of this Section 1, all directors shall hold office until
their respective successors are elected and qualified.
Section 2 VACANCIES. Vacancies in the Board of Directors may be filled by a majority vote of
the remaining directors and each director so elected shall hold office until his or her successor
is elected and qualified.
A vacancy on the board of Directors shall be deemed to exist in case of the death, resignation
or removal of any director; the declaration of a vacancy of the office of a director who has been
declared of unsound mind by a final order of court or who has been convicted of a felony.
SECTION 2. VOTE REQUIRED TO ELECT DIRECTORS
Candidates receiving the highest number of votes shall be elected as Directors. Each Regular
Member may cast their entitled number of votes for each Director vacancy being filled at that meeting.
Vote entitlements may not be split or cumulative.
SECTION 3. OVERLAPPING TERMS OF OFFICE
The terms of office shall be staggered so that four (4) Directors shall be elected each year.
SECTION 4. VOTE REQUIRED TO ELECT OFFICERS
The candidate who receives a majority of votes cast shall be declared the winner. In the event an
office remains unfilled after the first ballot, voting for that office shall continue until a single candidate
receives the required majority of votes for each office. If an individual declines to serve, the Chair of
the Nominating Committee shall immediately announce a vacancy in the office, declare the floor open
for nominations, and call for the election to fill the vacancy.
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ARTICLE VII. OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of Downtown Incorporated shall be a President, a Vice President, a Secretary, and a
Chief Financial Officer who shall be designated the Treasurer. Downtown Incorporated may also
have, as determined by the Board of Directors, Assistant Secretaries, Assistant Treasurers, or other
officers. No person shall hold more than one office, with the exception of a Board approved
Secretary/Treasurer.
SECTION 2. QUALIFICATION AND TERM OF OFFICE
A Director must have served on the Board for a period of at least one (1) year to be eligible for
election to office. Only elected Directors are qualified to hold the office of President, Vice President,
Secretary and Treasurer, but any Regular Member may hold the office of Assistant Secretary or
Assistant Treasurer. The President, Vice President, Secretary, and Treasurer shall be elected at the
Organizational Meeting. Each such officer shall hold office until the end of the term or until removal,
death or resignation. A term will be one (1) year with eligibility for reelection for a maximum of three
(3) terms. The assistant officers shall be appointed by the Board as soon as practical and shall serve
at the pleasure of the Board. The Board of Directors may appoint the assistant officers referred to in
Article VII Section 1 of these Bylaws at any time and from time to time. All assistant officers shall
hold their office at the pleasure of the Board and shall be subject to removal by the Board.
SECTION 3. REMOVAL AND RESIGNATION
Any officer may be removed, either with or without cause, by a majority of the Directors at the time in
office, at any regular or special meeting of the Board, and such officer shall be removed should he or
she cease to be qualified for the office as herein required. Any officer may resign at any time by
written notice to the President or to the Board of Directors. Acceptance by the Board of any such
resignation shall not be necessary to make it effective.
SECTION 4. VACANCIES
Any vacancy caused by a death, resignation, removal, disqualification, or the like, of an officer shall
be filled by the Board of Directors for the unexpired portion of the term.
SECTION 5. DUTIES OF PRESIDENT
The President shall be the representative of the Board of Directors. The President shall have general
control and management of the affairs, property and business of Downtown Incorporated, subject to
the control of the Board of Directors and the provisions of these Bylaws. The President shall preside
at all meetings of members and of the Board of Directors. The President shall appoint the chair and
members of all committees and shall have the power to remove any chair or committee appointment
at his /her pleasure. The President shall, whenever it may be necessary in his /her opinion, prescribe
the duties of officers and employees of Downtown Incorporated whose duties are not otherwise
defined in these Bylaws or by the Board pursuant to the authority contained in these Bylaws. The
President may, if necessary, sign and execute in the name of Downtown Incorporated, deeds,
assignments, mortgages, bonds, contracts, and other instruments duly authorized by the Board of
Directors.
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SECTION 6. DUTIES OF VICE PRESIDENT
The Vice President shall assume the duties and powers of the President in the President's absence
or disability to act and perform such other duties and possess such other powers as shall be
prescribed and conferred by the Board of Directors or by the President.
SECTION 7. DUTIES OF SECRETARY
The Secretary shall:
(a) Certify and keep at the principal office of Downtown Incorporated the original or a copy of
these Bylaws as amended from time to time.
(b) Keep at the principal office of Downtown Incorporated, or at such other place as the Board of
Directors may order, a book of minutes of all meetings of the Directors and /or members,
recording therein the time and place of voting, whether regular or special, and, if special, how
authorized, notice thereof given, the names of those present at meetings of Directors, the
number of members present at the meeting of members, and the proceedings thereof.
(c) Ensure that all notices are duly given in accordance with the provisions of these Bylaws or as
required by law.
(d) Be custodian of the records and of the seal of the Corporation and ensure that the seal is
affixed to all duly executed documents, the execution of which on behalf of the Corporation
under its seal is required by law or by these Bylaws.
(e) Keep at the principal office of Downtown Incorporated, a membership book containing the
name and address of each member, and, in any cases where membership has been
terminated, a record of said termination including the date on which the membership ceased.
(f) Exhibit at all reasonable times to any Director of Downtown Incorporated, or to any Director's
agent or attorney, on request therefore, the Bylaws, the membership book, and the minutes of
the proceedings of Directors and of the members of Downtown Incorporated.
(g) Exhibit at all reasonable times to any voting member, or to any member's agent or attorney, on
written demand therefore for a purpose reasonably related to the interests of such member,
the Bylaws and the minutes of meetings of the Directors or of the members, and shall exhibit
said records at any time when required by the demand of ten percent (10 %) or more of the
voting members of Downtown Incorporated.
(h) In general, perform all duties incident to the office of Secretary, and such other duties as may
be required by law, by the Articles of Incorporation of this Corporation, or by these Bylaws, or
which may be assigned from time to time by the Board of Directors.
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SECTION 8. DUTIES OF TREASURER
Subject to the provisions of these Bylaws the Treasurer shall:
(a) Have charge and custody of, and be responsible for, all funds and securities of Downtown
Incorporated. Deposit all such funds in the name of Downtown Incorporated in such banks,
trust companies, or other depositories as shall be selected by the Board of Directors.
(b) Receive, and give receipt for, monies due and payable to Downtown Incorporated from any
source whatsoever.
(c) Disburse or cause to be disbursed, the funds of Downtown Incorporated as may be directed by
the Board of Directors, taking proper vouchers for such disbursements.
(d) Keep and maintain adequate and correct accounts of Downtown Incorporated's properties and
business transactions, including accounts of its assets, liabilities, receipts, disbursements,
gains and losses.
(e) Exhibit at all reasonable times the books of account and financial records to any Director of
Downtown Incorporated, or to his or her agent or attorney, on request therefore.
(f) Render to the President and Directors, whenever requested, an account of any or all of his /her
transactions as Treasurer and of the financial condition of Downtown Incorporated.
(g) Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements
to be included in any required reports.
(h) In general, perform all duties incident to the office of Treasurer and such other duties as may
be required by law, by the Articles of Incorporation of the Corporation, or by these Bylaws, or
which may be assigned to him or her from time to time by the Board of Directors.
SECTION 9. DUTIES OF ASSISTANT OFFICERS
Any assistant officers appointed by the Board of Directors shall exercise such powers and perform
such duties as shall be assigned from time to time by the President or by the officer which he /she has
been assigned to assist
A Parliamentarian shall be appointed by the President to assist the Board in:Advising board members
and presiding officers on parliamentary procedure. Responsible for making sure that the organization
board follows the correct procedures based on the Robert's Rules of Order process in board
meetings,
Other duties as assigned: Assist the board president in preparing for a meeting. Count ballots cast during a vote by
board members and report the number of yes and no votes to the board president. Duties include keeping track of
those wishing to speak, amendments, motions and voting as well.
All procedure questions or problems that come up during a meeting, which might include maintaining order and ensuring
no dialogue takes place between board members. Ensuring visitors are privy to the procedures that apply to them. Deem
a board member out of order if he /she speaks when another individual has the floor.
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SECTION 10. OFFICE OF EXECUTIVE DIRECTOR
Downtown Incorporated may employ an Executive Director to perform such duties as determined by
the President and the voting majority of the Board of Directors. The Executive Director shall be
accountable to the Board of Directors. The Executive Director, acting as the chief operating officer
shall manage the day -to -day operations of Downtown Incorporated and be responsible for the
administration and supervision of its offices, subject to the direction of the President, or Vice
President in the absence or unavailability of the President.
SECTION 11. COMPENSATION
The only officer who shall receive a salary shall be the Executive Director. The salary of the Executive
Director shall be fixed from time to time by resolution of the Board of Directors. Officers may receive
expense payments pursuant to Article V Section 7 of these Bylaws.
ARTICLE VIII. COMMITTEES
SECTION 1. EXECUTIVE COMMITTEE
There is hereby created an Executive Committee, which shall consist of the officers of Downtown
Incorporated. The Executive Committee, in cases of emergency, may exercise any of the powers
and authority of the Board in the management of the business and affairs of Downtown Incorporated,
except with respect to:
(a) The approval of any action which, under law or the provisions of these Bylaws, requires the
approval of the majority of all of the Directors.
(b) The filling of vacancies on the Board or on any committee which has the authority of the Board.
(c) The amendment or repeal of Bylaws or the adoption of new Bylaws.
(d) The amendment or repeal or any resolution of the Board.
(e) The approval of any transaction to which Downtown Incorporated is a party and in which one
or more of the Directors has a material financial interest.
An emergency is defined as any business which requires action prior to the next regularly scheduled
meeting of the Board of Directors.
By a majority vote of the Board, the Board may, at any time, revoke or modify any or all of the
authority so delegated. The Executive Committee shall keep regular minutes of its proceedings,
cause them to be filed with the corporate records, and report the same to the Board from time to time
as required.
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SECTION 2. STANDING COMMITTEES
Standing Committees
Membership Policy & Protocol Summary
SECTION 1. STANDING COMMITTEES — Revised and approved November 18, 2009
Standing committees of the Corporation shall be as listed below. The Chair for each committee shall
be appointed by the President and voted on by the Board of Directors. The Chair must be a property
owner in good standing (no outstanding dues, assessment, etc.).
The standing committees are as follows:
(a) Organization and Resource Development:
• While the Board may have general ideas about fund raising, organization strategy, and
developing resources, it should be looking to this committee for concrete work plan proposals.
Once proposals are approved, this committee will need to pull together resources and
complete the projects.
(b) Physical Enhancement:
• To assist in shaping the physical image of Downtown as a place attractive to shoppers,
investors, business owners, and visitors. To succeed, this committee will need to persuade
fiercely independent business and property owners and civic leaders to commit to an
ambitious, pointed agenda for physical enhancement to Downtown.
(c) Economic Enhancement:
• Has primary responsibility for gathering and interpreting market information, which it will then
use to create an economic development strategy for Downtown. Other committees rely on this
information for their work. Because the entire program depends on the information it gathers
and analyzes, the Committee must develop excellent communication with the Board and the
other committees.
(d) Marketing and Promotions:
Primary responsibility for strengthening Downtown's image and marketability.
• Changes community attitudes about Downtown.
• Builds a unified image.
• Generates fresh activity with Downtown as the center of community life.
• Communicates progress and excitement attracting shoppers and investors.
• Creating new image campaigns, retail promotions, and special events to lure people to
Downtown.
(e) Events Committee (Added at the Regular Board Meeting on October 15, 2009, amended
bylaws to include Events through a unanimous decision of the Board Of Directors).
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• The Event Committee is tasked with the protection of the entire district as it relates to street
closure projects impacting the usage of the district's public right of way, as well as the impact
on businesses, residents and property owners.
• Projects located within the boundaries of Downtown Incorporated should strive to balance the
historic character with the successful operation of commerce.
• Projects located within and adjacent to the boundaries of Downtown Incorporated should be
sensitive to the residential population as it concerns access and sound management.
• Projects located within and adjacent to the boundaries of Downtown Incorporated should serve
to enhance the image and reputation of Downtown Incorporated as the region's premiere
shopping, dining and entertainment district.
• The Event Committee will use the approved Special Event Policy (under construction as of
11/6/09), to govern its direction, review and approval /disapproval of any project presented
within or adjacent to Downtown Incorporated.
General Policy and Procedures for all standing committees:
Number of allowed committee members: 7 -12
Attendance: Committee members must have (a.) No more than two (2) unexcused consecutive
absences; and (b.) No more than four (4) unexcused absences in one (1) calendar year unless If a
committee member misses a meeting, they may request to be excused for their absence at the
following committee meeting.
Quorum: A quorum is established when there are four (4) voting members in attendance. An item
can not be voted on unless the committee has a quorum.
Voting: A motion must have 50 % +1 of the attending member votes for it to pass. The Committee
Chair does not vote, unless to break the tie.
Committee Recruitment: The Committees are looking for fresh perspectives balanced with longevity
of participation when considering new committee members. Due to the types of projects and
stewardship
that is entrusted to the Special Committees, committee members must have a comprehensive
understanding of the community impact, and the role the committee and Downtown Inc. performs in
the community. Each committee member is asked to serve on only one committee.
Process to become a voting member of a Standing Committee:
1. Be a Downtown Inc., member or Downtown Inc Associate member (levels of membership under
construction as of 11/6/09), in good standing (no outstanding assessment, dues, etc.).
2. Submit a written request with relevant experience to the Committee Chair and submit a copy to the
Downtown Incorporated staff member, Yolanda Lawler.
3. Attend 6 consecutive Committee meetings.
4. The Committee Chair will place the request on the agenda at the seventh meeting for review and
vote by the Board of Directors.
5. If approved, the new committee member may join the Committee at the seventh meeting and begin
voting on agenda items.
II. Committee Chair and Vice -Chair
1. The chair of the Standing Committees shall be appointed annually by the Executive Committee of
Downtown Inc., after input from the committee members, the Executive Director and the prior
Chairperson.
2. It is the responsibility of the Chairperson to:
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a. Recruit new members for the committee from Downtown Inc. membership, trying to focus on non -
board members.
b. Make recommendations to the Board of Directors for the Vice - Chairperson of the committee.
c. Work with staff to prepare the monthly meeting agenda and schedule the necessary presentations
by the appropriate parties.
d. Follow -up on old business of the committee, and make sure that actions passed by the committee
go on to Downtown Inc. Board agenda.
e. Inform the committee on Downtown Inc. Board actions or recommendations that are relevant to the
Special Event Committee.
3. It is the responsibility of the Vice Chair to:
a. To assist the Chairperson in the management of the monthly meeting, including but not limited to;
i. Taking roll and /or oversight of the committee /guest sign -in sheet
ii. Assistance in policy clarity and application
iii. Assume the role of the Chair in their absence/ recusal
III. Committee Members
1. The Downtown Inc. Standing Committees will have no less than seven (7) and not to exceed
twelve (12) voting members, including the Chair and Vice Chair.
2. All members in good standing with Downtown Inc. are eligible and encouraged to become a
member of a standing Committee.
3. Members become eligible for Committee membership once they have attended six consecutive (6
Months) committee meetings.
4. Once eligible, the member is nominated by a simple motion, second and vote by a quorum (4) of
the committee membership.
5. Committee members remain active, in good standing, by remaining in good standing with
Downtown Inc. and maintaining sufficient attendance at the Committee.
a. No more than two (2) unexcused consecutive absences.
b. No more than four (4) unexcused absences in one (1) calendar year.
IV. Conflict of Interest
1. It is understood and accepted that time -to -time the members of the committee, including the Chair
and Vice -Chair may have an interest or specific bias with a project under review by the Committee,
that member or members must:
a. Immediately identify their conflict of interest to the committee and acknowledge their need to be
removed from the vote
b. Refrain from excessive discussion, pro or con even if asked for by the committee
c. Refrain from implying or directly using their position on the committee for favorable treatment
2. Downtown Inc., projects are not subject to Section IV of the stated policy due to the inherent
conflict of interest on either side of the approval process. All committee members are to be
considered in the review of Downtown Inc., sponsored projects.
3. Should a member not adhere to this policy, they are subject to immediate dismissal from the
committee and will be considered not in good standing with Downtown Inc., for a period of six (6)
months.
SECTION 3. OTHER/AD HOC COMMITTEES
Downtown Incorporated shall have such other committees as may from time to time be designated by
resolution of the Board of Directors. Such other committees may consist of persons who are not also
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members of the Board. These additional committees shall act only in an advisory capacity to the
Board and shall be clearly titled as "advisory." Ad hoc committees may be created by the President
as deemed necessary for proper conduct of Downtown Incorporated business.
SECTION 4. MEMBERSHIP AND QUORUM
The Executive Committee shall be comprised of the four officers. All members of Downtown
Incorporated shall be eligible for appointment to standing committees and other committees. A
quorum shall be defined as the simple majority of each said committee.
SECTION 5. ATTENDANCE
The committee member shall attend the committee meetings as scheduled by the Chair, provided
due notice is given. Any three (3) absences from committee meetings shall constitute the removal of
a committee member from said committee. If the committee member is a Director, three (3)
absences from committee meetings may be considered just cause for removal from the Board, this
being determined by vote of the Board.
SECTION 6. MEETINGS AND ACTIONS OF COMMITTEES
(a) The Executive Committee may act in place and instead of the Board, between Board
meetings, on all matters except those specifically reserved to the Board by these Bylaws and
California law.
(b) Meetings and action of committees shall be governed by, noticed, held and taken in
accordance with the provisions of these Bylaws concerning meetings of the Board of Directors,
with such changes in the context of such Bylaw provisions as are necessary to substitute the
committee and its members for the Board of Directors and its members, except that the time
for regular meetings of committees may be fixed by resolution of the Board of Directors or by
the committee. The time for special meetings of committees may also be fixed by the Board of
Directors. The Board of Directors may also adopt rules and regulations pertaining to the
conduct of meetings of committees to the extent that such rules and regulations are not
inconsistent with the provisions of these Bylaws.
ARTICLE IX. INDEMNIFICATION
SECTION 1. INDEMNIFICATION OF DIRECTORS AND OFFICERS
Should any Director or officer of this Corporation be sued, either alone or with others, in his or her
capacity as a current or former Director or officer of this Corporation, in any proceeding arising out of
any alleged wrongful act by the Corporation, indemnity for his or her reasonable expenses, including
attorneys' fees and the defense thereof, may be assessed against the Corporation, its receiver, or its
trustee, by the court in the same or a separate proceeding if:
(a) The court finds that the officer or Director was not guilty of malfeasance or derelict in the
performance of his /her duties; and
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(b) The court finds that his or her conduct fairly and equitably merits such indemnity. The amount
of such indemnity shall be so much of the expenses, including attorney fees, incurred in the
defense of the action, as the court determines and finds to be reasonable.
ARTICLE X. CORPORATE RECORDS, REPORTS AND SEAL
SECTION 1. MINUTES OF MEETINGS
The Corporation shall keep at its principal office in the state of California, or at such other place as
the Board of Directors may order, a book of minutes of all meetings of members, a book of minutes of
all meetings of Directors and committees of the Board indicating the time and place of such meetings,
whether regular or special, how called, the notice given, and the names of those present and the
proceedings thereof, and in the case of special meetings, how authorized.
SECTION 2. BOOKS OF ACCOUNTS
The Corporation shall keep at its principal office in the state of California, or at such other place as
the Board of Directors may order, adequate, current, and correct books and records of account,
including accounts of its properties and business transactions and accounts of its assets, liabilities,
receipts, disbursements, gains and loss.
SECTION 3. ARTICLES OF INCORPORATION /BYLAWS /BOARD OF DIRECTORS
The Corporation shall keep at its principal office in the state of California, or at such other place as
the Board of Directors may order, a copy of the Corporation's Articles of Incorporation, the Bylaws, as
amended to date, and a record of its Board of Directors and officers, indicating their names and
addresses and the term of office
SECTION 4. DIRECTORS' INSPECTION RIGHTS
Every Director shall have the absolute right at any reasonable time to inspect and copy all books,
records and documents of every kind and to inspect the physical properties of the Corporation.
SECTION 5. MEMBERS' INSPECTION RIGHTS
Each and every member shall have the following inspection rights, for a purpose reasonably related
to such person's interest as a member to:
(a) Inspect and copy the record of all members' names, addresses and voting rights, at
reasonable times, upon five (5) business days' prior written demand on the Corporation, which
demand shall state the purpose for which the inspection rights are requested.
(b) Obtain from the Secretary of the Corporation, upon written demand and payment of a
reasonable charge, a list of the names, addresses and voting rights of those members entitled
to vote for the election of Directors as of the most recent record date for which the list has
been compiled or as of the date specified by the member subsequent to the date of demand.
The demand shall state the purpose for which the list is requested. The membership list shall
be made available on or before the latter of ten (10) business days after the demand is
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received or after the date specified therein as of which the list is to be compiled.
(c) Inspect at any reasonable time the books, records, or minutes of proceedings of the members,
or of the Board, or of committees of the Board, upon written demand on the Corporation by the
member, for a purpose reasonably related to such person's interests as a member.
SECTION 6. RIGHT TO COPY AND MAKE EXTRACTS
Any inspection under the provisions of this article may be made in person or by agent or attorney and
the right to inspection includes the right to copy and make extracts.
SECTION 7. ANNUAL REPORT
At the end of each fiscal year, the Board of Directors shall prepare and publish, or cause to be
prepared and published, an annual report of receipts and disbursements of Downtown Incorporated,
and shall determine the form and detail in which the report shall be made. The President shall present
the annual report at the Annual Meeting of Members.
The Board shall cause an annual report to be furnished to all Directors of the Corporation not later
than ninety (90) days after the close of the Corporation's fiscal year. The annual report shall contain
the following information in appropriate detail:
(a) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal
year.
(b) The principal changes in assets and liabilities, including trust funds, during the fiscal year.
(c) The revenue or receipts of the Corporation, both unrestricted and restricted to particular
purposes, for the fiscal year.
(d) The expenses or disbursements of the Corporation, for both general and restricted purposes,
during the fiscal year.
The annual report shall be accompanied by any report of independent accountants, or, if there is no
such report, the certificate of an authorized officer of the Corporation that the annual report was
prepared, without audit, from the books and records of the Corporation.
SECTION 8. CORPORATE SEAL
The Board of Directors shall adopt and use, and may at will, alter, a corporate seal. The Seal of the
Corporation shall have inscribed therein the full name of the Corporation and the year of its
incorporation. Such seal shall be kept at the principal office of the Corporation. Failure to affix the
seal to corporate instruments, however, shall not affect the validity of any such instrument.
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ARTICLE XI. EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
SECTION 1. EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize
any officer or agent of the Corporation to enter into any contract or execute and deliver any
instrument in the name of and on behalf of the Corporation, and such authority may be general or
confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any
power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to
render it liable for any purpose or in any amount.
SECTION 2. CHECKS AND NOTES
Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise
required by law, all checks, drafts, promissory notes, orders for the payment of money, and other
evidence of indebtedness of the Corporation shall bear the signatures of two officers of the
Corporation.
SECTION 3. DEPOSITS AND INVESTMENTS
(a) All funds of the Corporation shall be deposited to the credit of the Corporation in such banks,
trust companies, or other depositories as the Board of Directors may select or as may be
selected by any officer of the Corporation to whom such power has been delegated by the
Board, provided said banks, trust companies or other depositories are insured by the Federal
Deposit Insurance Corporation or such United States Government agency charged with
insuring such funds; and for the purpose of such deposit, any officer or employee to whom
such power may be delegated by the Board may endorse, assign or deliver checks, drafts and
other orders for the payment of money which are payable to the order of the Corporation.
(b) All investments of the Corporation shall only be made to the credit of the Corporation in such
banks, trust companies, or other depositories as the Board of Directors may select or as may
be selected by any officer of the Corporation to whom such power has been delegated by the
Board, provided said banks, trust companies or other depositories are insured by the Federal
Deposit Insurance Corporation or such United States Government agency charged with
insuring such funds.
SECTION 4. GIFTS
The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or
devise for the charitable or public purposes of this Corporation. No gift, donation, bequest or
contribution to the Corporation shall be deemed to have been accepted until acted upon affirmatively
by the Board of Directors.
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ARTICLE XII. FISCAL YEAR
SECTION 1. FISCAL YEAR OF THE CORPORATION
The fiscal year of the Corporation shall begin on the first (1S) day of January and end on the thirty -first
(31S) day of December in each year.
Revised: In May 2010, the City of Santa Ana advised Downtown Inc. to change the fiscal period to
July 1St to June 30th to align with the City of Santa Ana.
ARTICLE XIII. LIMITATION OF AUTHORITY
SECTION 1. LIMITATION
No action by any member, Director, officer, committee, committee member, or employee shall be
binding upon, or constitute an expression of, the policies of Downtown Incorporated until it shall have
been approved or ratified by the Board of Directors as herein provided.
ARTICLE XIV. PROHIBITION AGAINST SHARING CORPORATE PROFITS
AND ASSETS
SECTION 1. PROHIBITION AGAINST SHARING CORPORATE PROFITS AND ASSETS
No Director, officer, employee, or other person connected with this Corporation, or any private
individual, shall receive, at any time, any of the net earnings or pecuniary profit from the operations of
the Corporation, provided, however, that this provision shall not prevent payment to any such person
of reasonable compensation for services performed for the Corporation in effecting any of its exempt
purposes, provided that such compensation is otherwise permitted by these Bylaws and is fixed by
resolution of the Board of Directors; and no such person or persons shall be entitled to share in the
distribution of, and shall not receive, any of the corporate assets on dissolution of the Corporation. All
members of the Corporation shall be deemed to have expressly consented and agreed that on such
dissolution of the Corporation, whether voluntarily or involuntarily, the assets of the Corporation, after
all debts have been satisfied, shall be distributed as required by the Articles of Incorporation and
Bylaws of this Corporation and not otherwise.
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ARTICLE XV. DEDICATION AND DISSOLUTION
SECTION 1. DEDICATION
The property of this Corporation is irrevocably dedicated to exempt purposes and no part of the net
income or assets of this Corporation shall ever inure to the benefit of any Director, officer or member
thereof or to the benefit of any private individual.
SECTION 2. DISSOLUTION
Upon dissolution or the conclusion of business of the Corporation, its assets remaining after payment
of, or provision for payment of, all debts and liabilities of this Corporation, shall be distributed to a
nonprofit fund, foundation or Corporation within the City of Santa Ana operated exclusively for exempt
purposes and which has established its tax exempt status under Section 501 (c) of the Internal
Revenue Code, or the corresponding section of any future federal tax code, and which is qualified for
exemption from taxation under appropriate sections of the California Revenue and Taxation Code.
ARTICLE XVI. AMENDMENT OF BYLAWS
SECTION 1. POWERS OF MEMBERS
(a) Power to Amend. These Bylaws may be amended or repealed and new Bylaws adopted by
the affirmative vote of a majority of the votes represented and voting at a duly noticed and held
meeting of the members at which a quorum is present, or by the written assent of such
members, except as otherwise provided by law or by the Articles of Incorporation.
(b) Request to Amend. The membership may request that action be taken to change the Bylaws
by submitting to the Board of Directors a petition signed by fifteen percent (15 %) of the
Regular membership.
(c) Notice and Ballot. The Board shall provide all Regular Members with a notice of meeting
accompanied by a statement about the proposed amendment clearly outlining the change,
specifying the reason for the change, and if the change is requested by membership petition or
by action of the Board of Directors.
SECTION 2. POWERS OF DIRECTORS
Subject to the rights of members as provided in Article XVI Section 1, these Bylaws may be altered,
amended or repealed by a vote of a two- thirds (2 /3rd) majority of the Board of Directors present in
person at any valid meeting of the Board of Directors at which a quorum is present provided,
however, that notice of the proposed amendment, as described in Article XVI Section 1(c) of these
Bylaws, shall have been given to each Regular Member at least thirty (30) days before the meeting at
which the proposed amendment is to be voted upon, and further provided that the Board of Directors
may not adopt any amendment that would:
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(a) Change the authorized number of Directors, change from a fixed number of
Directors to a variable number of Directors, or increase the term of office of any Director.
(b) Increase or decrease the quorum required for the conduct of business at a
meeting of members.
(c) Change or limit the number of members authorized in total or for any class.
(d) Authorize a new class of members.
(e) Effect an exchange, reclassification, or cancellation of all or any part of the
memberships.
(f) Materially and adversely affect the rights and privileges of members as to voting,
inspection, indemnification, or dissolution.
(g) Change the boundaries of the District.
SECTION 3. RECORD OF AMENDMENTS
Whenever an amendment or new Bylaw is adopted it shall be inserted into the official copy of the
Bylaws in the appropriate place. If any Bylaw is repealed, the fact of repeal and the date of the
meeting at which it was repealed or the date of written consent was effective shall be stated in the
official copy of the Bylaws.
ARTICLE XVII. EFFECTIVE DATE
SECTION 1. EFFECTIVE DATE
These Bylaws shall become effective immediately upon their adoption by the incorporator.
Amendments to these Bylaws shall become effective immediately upon their adoption unless the
Board of Directors or members in adopting them provide that they are to become effective at a later
date.
First adopted and made effective by the Founding Board of Directors through a motion duly made,
seconded, and unanimously carried at a meeting properly held on the 21St day of May, 2009
HADOWNTOWN INCORPORATED\Bylaws \BYLAWS of Downtown Incorporated May- 2009.docx
31
19E -45
CERTIFICATE
We, the undersigned, do hereby certify:
1. That we are the duly elected and acting Board of Directors of Downtown Inc., a California
nonprofit mutual benefit corporation; and
2. That the foregoing Bylaws constitute the Bylaws of said corporation as duly adopted on May
21, 2009, by the consent of all of the acting directors of said corporation.
That the foregoing Bylaws constitute the current Bylaws as amended in fiscal year 2011 -2012.
IN WITNESS WHEREOF, we have hereunto subscribed our names this.
Ryan Chase
Date
Dan Bradley
Date
Nathan Hittle
Date
Joe Duffy
Date
Mike Paxton
Date
Teresa Saldivar
Date
Mike McGee
Date
Dennis Dascanio
Date
Bob Stewart
Date
Date
Davin Gumm
Date
Gil Marrero
Date
Carl Middleton
Date
Michael Truong
Date
Dennis Lluy
Date
Ken Gominsky
Chris Taylor
19E -46
Date
32
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
CONTRACT AWARD TO
CALIFORNIA FORENSIC
PHLEBOTOMY, INC FOR BLOOD
AND BREATH TECHNICIAN SERVICES
(SPEC. NO. 12 -049)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•---0191
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to California Forensic Phlebotomy, Inc., for blood and breath technician
services for a two -year period, with provision for three, one -year renewals in an annual amount
not to exceed $100,000.
DISCUSSION
The Santa Ana Police Department Forensics Division contracts with California Forensic
Phlebotomy, Inc. to provide blood alcohol level testing and analysis, including drug content, blood
typing and DNA testing. The testing is required for use as evidence in the prosecution of
criminal cases. California Forensic Phlebotomy is the provider of blood and breath technician
services for all Orange County law enforcement agencies and has been providing service to the
City of Santa Ana Police Department for the past 20 years. The company continues to perform
satisfactorily and the Police Department recommends Council approval of this action.
FISCAL IMPACT
Funds are available in Police Patrol Services (accounting unit 01114420 - 62300).
Carlos Rojas
Deputy Chief
Police Department Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
A nct &t 1 �
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
r
22A -1
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
CONTRACTS RENEWAL FOR
MAINTENANCE AND SERVICE OF
CHILLERS, COMPRESSORS AND
HVACS
(SPEC. NO. 11 -012)
CITY N ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contracts for preventive maintenance and repair services of chillers, compressors and
Heating, Ventilation and Air - Conditioners (HVAC) for a one -year period in an annual aggregate
amount not to exceed $130,000 with the following vendors.
Vendor Location
ACCO Engineered Systems Costa Mesa
Johnson Controls Whittier
DISCUSSION
The Finance and Management Service Agency Building Maintenance Division maintains in
excess of 30 buildings, including recreation and senior centers, libraries, City Hall, the Police
Administration building and the Corporate Yard. These public buildings, ranging from ten to 50
years old, require various levels of service for complex mechanical systems, including heating
and air conditioning equipment. To maintain these systems in good working condition, it is vital
to have preventive maintenance and repair service available, including periodic inspections of
chillers and boilers and repair of equipment on an as- needed basis. These services ensure the
City's mechanical systems operate efficiently, safely and meet all applicable laws and
regulations. Contract awarded to the listed vendors affords the City the best coverage on the
major brand equipment under operations in all buildings.
On June 20, 2011, the City Council awarded contracts to ACCO Engineered Systems and
Johnson Controls for a one -year period with provisions for two one -year renewals. The vendors
have performed satisfactorily during the past contract period and have agreed to renew the
contracts without an increase in pricing. Staff recommends the first renewal of the contracts.
22B -1
Maintenance and Service of Chillers,
Compressors and HVACs
August 6, 2012
Page 2
FISCAL IMPACT
Funds are available in the Finance Agency Building Maintenance (accounting unit 07310100-
62300).
APPROVED AS TO FUNDS AND ACCOUNTS
Francisco Gutierrez
Executive Director
Finance and Management Services Agency /Y-
SP
G
I
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
CONTRACT AWARD TO ORANGE
COUNTY STRIPING SERVICE, INC.
FOR TRAFFIC LINE PAINTING AND
TRAFFIC SIGN MAINTENANCE
(SPEC. NO. 12 -047)
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Orange County Striping Service
traffic sign maintenance for a one -year period with
annual amount not to exceed $425,275.
DISCUSSION
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
Inc. for roadway striping and markings and
provision for three one -year renewals in an
The Public Works Agency's Roadway Marking and Signs Section manages approximately 400
miles of streets within the City of Santa Ana. Contracts are required for the installation and
removal of traffic stripes, pavement markings, curb markings and raised pavement markers, as
well as the installation, removal or relocation of traffic signs. To minimize impact on traffic flow,
roadway striping and sign maintenance is conducted at night.
The notice inviting bids was advertised on July 12, 2012 and bids were solicited. A summary of
the bid invitations and bids received is as follows:
7 Invitations For Bid mailed
2 Bids received
Bids were received, opened on July 23, 2012, and evaluated. Bid results are as follows:
Vendor:
Amount:
Location:
Orange County Striping Service, Inc. $562,315.00 Orange
PCI $795,720.00 Long Beach
22C -1
Contract Award for Traffic Line Painting
August 6, 2012
Page 2
The bid received from Orange County Striping Service, Inc. is responsive to the specification and
meets the City's requirements. The bid amounts reflect the scenario posed in the Invitation for
Bid, and the annual contract amount reflects the budget for the next year.
FISCAL IMPACT
Funds are available in Public Works Roadway Markings and Signs (accounting unit 01117625-
62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
99
22C -2
Raul Godinez II
Francisco Gutierrez
Executive Director
Executive Director
Public Works Agency
Finance and Management Services Agency
99
22C -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 2, 2012
TITLE:
AGREEMENT FOR FEDERAL
GOVERNMENT LIAISON SERVICES
WITH THE FERGUSON GROUP OF
WASHINGTON, D.C.
{ � n
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement for government liaison services with the Ferguson Group for an annual
amount not to exceed $75,000.
DISCUSSION
The Ferguson Group has served as the City's representative in Washington, D.C. since 1987. The
service includes the review and monitoring of federal executive proposals and legislation, as well
as administrative rules and regulations that may affect the City. The Ferguson Group also assists
the City in identifying funding opportunities and grant applications and other special programs for
which the City may qualify.
In the past year, Ferguson Group secured congressional support on grant applications submitted
to the U.S. Department of Labor for a Workforce Innovation Grant and a 111- B Bridge to
Engineering Grant; the latter was awarded $5 million over five years.
The Ferguson Group continues to advocate for City priorities which have included: The Santa
Ana - Garden Grove Fixed Guideway System; Bristol Street Multimodal Corridor; Job Training
Activities /One Stop Job Training Centers, and Obesity Prevention activities.
25A -1
Ferguson Agreement
July 2, 2012
Page 2
FISCAL IMPACT
Funds are available in the Public Works Administrative Services account (no. 10117601- 62300)
and General Fund Legislative Affairs (no. 01104012- 62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
"Raul Godi z Francisco Gutierrez'
Executive Tector Executive Director
Public Works Agency Finance & Mgmt. Services Agency
25A -2
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 6`h day of August, 2012 by and between The
Ferguson Group, L.L.C. (hereinafter "Consultant "), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing government liaison services.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide government liaison and lobbying services to the City, as set forth in
Exhibit A to this Agreement.
COMPENSATION
a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six - Thousand,
Two - hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this
Agreement. The total amount payable under this Agreement shall not exceed Seventy -Five Thousand
Dollars ($75,000.00) during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures.
3. TERM
This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless
terminated earlier in accordance with Section 11, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
25A -3
Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not
employees of City. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
5. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from and against any and all damages to
property or injuries to or death of any person or persons, including property and employees or agents of
City, and shall defend, indemnify and save harmless City, its officers and employees, from any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts,
errors or omissions of Consultant, its employees or subcontractors.
6. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
7. CONFLICT OF INTEREST CLAUSE
City acknowledges that Consultant may represent other clients in Washington D. C. during the
term of this Agreement. If a potential conflict of interest arises due to this representation, Consultant
shall notify the City, in writing, immediately and provide the name and address of each client under
contract.
8. REPRESENTATIVES AND NOTICE
The City Manager shall be the representative of City for purposes of this Agreement and may
execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement
except as otherwise expressly provided in this Agreement.
Notice and written communications sent by one party to the other shall be personally delivered or sent by
U.S. mail, postage prepaid, to the following addresses:
To City: City Manager /Council Support Office
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
2
25A-4
Telefacsimile 714- 647 -6954
To Consultant: The Ferguson Group, L.L.C.
1130 Connecticut Avenue, N.W., Suite 300
Washington, D.C. 20036
Telefacsimile 202 - 331 -1598
9. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of th_s
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
10. ASSIGNMENT
Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City; provided, however, that claims for money due or to become due from City
under this Agreement may be assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly
furnished to City.
11. TERMINATION
This Agreement may be terminated at any time by mutual agreement of the parties hereto or by
thirty (30) days written notice by either party to the other.
12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
///
E1
25A -5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
By:
Laura Sheedy
Assistant City Attorney
PAUL M. WALTERS
City Manager
THE FERGUSON GROUP, L.L.C.
WILLIAM FERGUSON, JR.
Chief Executive Officer
4
25A -6
EXHIBIT A
OBLIGATIONS OF THE FERGUSON GROUP, L.L.C.
A. The Ferguson Group will act as a Washington Representative to the City in Washington, D. C.
B. The Consultant will confer with the City Manager and such other City personnel as he may
designate at the times and places mutually agreed to by the City and the Consultant on all
organizational planning and program activity which has a bearing on the ability of the City to
utilize federal programs.
C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of
other Washington representatives. The Ferguson Group shall coordinate such other services.
D. Consultant will review federal executive proposals, legislation under consideration, proposed and
adopted administrative rules and regulations, and other Washington developments for the purpose
of advising the City on those items which may have a bearing on City policy or programs.
E. Consultant will secure and furnish such detailed information as may be available on federal issues
in which the City indicates an interest.
F. At the request of the City Manager, Consultant will review and comment on proposals of the City
which are being prepared for submission to federal agencies.
G. Consultant will maintain liaison with the City's Congressional delegation and will assist the
delegation in any matter which the City determines to be in its best interest in the same manner as
any other member of the City's administrative staff might render assistance.
H. Consultant will counsel with the City regarding appearance by City personnel before
Congressional committees and administrative agencies and will arrange for appointments and
accommodations for City personnel as necessary.
Consultant will contact federal agencies on the City's behalf when City applications are under
consideration by such agencies and otherwise take whatever steps appear to be necessary to
obtain the most favorable consideration of such applications.
In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City
of Santa Ana and with the title Washington Representative to the City Manager.
5
25A -7
aVlffoe,�
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
AMENDMENT TO AGREEMENT WITH
MACADEE ELECTRICAL
CONSTRUCTION INC.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15t Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached amendment to the
agreement with Macadee Electrical Construction, Inc. to rewire the street light system on
Broadway and Sycamore Street in the amount of $50,000 for a total contract amount not to
exceed $222,000, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
DISCUSSION
On April 2, 2012 the City Council awarded a contract to Macadee Electrical Construction, Inc. to
rewire the Broadway and Sycamore street lighting systems. These systems are obsolete and
need to be updated. The intent was to use the existing conduit, remove the obsolete series -type
wire, and install new wires with new fixtures, ballasts, and lamps.
During the rewiring process, some of the underground conduit on Sycamore was found to be
corroded beyond repair and needs to be replaced. This amendment is needed to install new
conduit using the directional boring method, installing pullboxes, and replacing pavement.
The original agreement included the contract amount of $156,889 plus $15,111 in contingencies.
These contingency funds have been exhausted. This amendment increases the contingency
funds by $50,000 for a total amount not to exceed $222,000.
25B -1
Amendment to Agreement with
Macadee Electrical Construction Inc.
August 6, 2012
Page 2
FISCAL IMPACT
Funds are available in the Street Lighting Program (accounting unit 01117630- 66220).
j
Raul Godinez II I
Executive Director
Public Works Agency
RG /KW
Exhibit: 1. Amendment to agreement
G
I
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on August 6, 2012, by and between
Macadee Electrical Construction, Inc., (hereinafter "Contractor ") and the City of Santa Ana, (hereinafter
.6citylr ).
RECITALS:
A. The parties entered into that certain Agreement # A- 2012 -071, dated April 2, 2012, (hereinafter "said
Agreement ") by which Contractor agreed to rewire the street light system and install new street light
fixtures on Broadway and Sycamore Streets, in the City of Santa Ana.
B. Due to the deteriorated condition of the underground conduit through which the new wiring must be
installed, the Parties have determined that installation of new conduit is required to complete the
Project.
C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope
of Service to include the installation of conduit and repair of pavement, and to increase the
compensation amount to pay for the necessary additional services.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, except those amended in this First Amendment to Agreement,
the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows:
"a. Contractor shall rewire the existing street light system and install new fixtures on the existing
street light poles on Broadway and Sycamore Street (hereinafter "Project "), as set forth in Exhibit
A, attached to said Agreement, and incorporated by reference.
b. Contractor shall install new conduit on Sycamore Street using the directional boring method,
installing pullboxes and replacing pavement, as set forth in Exhibit E, attached hereto and
incorporated by this reference."
2. Section 2.a., COMPENSATION, shall be amended to increase compensation by $50,000, to pay
for the installation of conduit and repair of pavement, at the rates and charges set forth in
Contractor's Quotation dated 7/03/12, attached hereto as Exhibit B -1. The total amount to
complete said Project, as hereby amended, shall not to exceed $222,000.00."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full
force and effect.
Exhibit 1
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the
date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ II, P.E.
Executive Director
Public Works Agency
1011 IV &$] ORKMI M. 10M
PAUL M. WALTERS
City Manager
MACADEE ELECTRICAL
CONSTRUCTION, INC.
Name:
Title:
25B -4
CHANGE NOTICE
SCOPE OF SERVICE
25B -5
MACADEE ELECTRICAL CONSTRUCTION
4755 LANIER RD - CHINO, CA 91709
(909) 627 -1336 - (909) 627 -3772 FAX
CONTRACTOR'S LICENSE #583125 (C -10)
QUOTATION
No.
DESCRIPTION
UNIT
QTY
PRICE
AMOUNT
1
INSTALL 1" SCH 80 PVC VIA DIRECTIONAL BORING
LF
3000
$10.75
$32,250.00
2
INSTALL #5 PULLBOXES
EA
3
$190.00
$570.00
3
REMOVE /REPLACE CONCRETE SIDEWALK
SQFT
200
$7.00
$1,400.00
INCLUDES LABOR (PREVAILING WAGE), EQUIPMENT, MATERIALS,
AND TRAFFIC CONTROL TO INSTALL (1) 1" SCH 80 PVC CONDUIT,
(3) #5 PULL BOXES AND REMOVE REPLACE APPROX 200 SQFT OF
SIDEWALK.
I
#34,220.00
MACADEE ELECTRICAL CONSTRUCTION
KEVIN MCCARTHY
SANTA ANA
SYCAMORE CIRCUIT CONDUIT
07/03/12
EXHIBIT E
Y+rll —C. GvG1f M AKt!
R1193EL1 AVE 1221
1201 1202 I. X20', I 12Ca L229 '.
- - - ------------------- I -a I
1 - 1203 ._... ..._._._._.
11207 1208 1231
.20
1, 1212 209 i 1 1210
9 I 1235
----------------- --- -- ---'
1 1213 1214 i N 1215 I I 1216
1237
_ _.___--- __I_______ __ _ _ __ __
..i
i 1217 i ------------
1218 I 1217 �` f ` 1245
I •_
'------ °-" —'-._' I _._.__._ -__
122- 222 - I 122
t -
L225 1228 1243 I
II----- ------ - -- --- -1 . _...............
1229 1 1230 229 I 1230 I i
11 1111 1303 ' "
_— -- - - - - --
- - - - - --
12]3 ---- - - - - -- --- 1 1235
_ __I
11239 i 1240 1239 1 ---
Il i.
i 1243 1242 1245 .` 1311
1249 `t 1246 �._._._._._.__
1243 � 1246 I .
.... _--'—'—' I 321
1249 1230 53
1,323 ,
WILSHFIE AVE
1301 1302 I 1 1329
------ L6. 1 1306
:305 .------------
i
1309 I --- 312 , 319 i I 1333
I
r__..______- __- __r_ - - -__- I I
1313 j 1314 I 1310 1
I
1319 1318 1345 '
I
Q 1 132'. 1324
1 .323 1326
----- -----------
I IaOJ ' Y
1331 t '332 1322
— --------------
i.._._-------------- _. I f 1407
1335
._.___ - ------ ' 1336 - _-- .- _.--- ________:
f--
1340- 1 1415
1339
- --
I . 1344 1 1417 I
t 345 1346
ll 1 1421
BORCHARO AVE
- - - - -- - - - --
r_ r-.._.._.._.._.._._._.— '- -. ^,\. 11427
r '
1401 �—IIf' 1402 i.__.._.._..__._..__.......J
L_.._.._.._.._.-.._.- .L.._.._ .. ... .. .. . ... 1405
25B -7
CONSTFUCTION NOTE
•u.u� .rc x.s+.0 1141Y w.r r..r �I x «Rt .trct.•
O/� tYi.+ I+ [x1511+4 CJ�Ga ".
L'� rplCt• Cutr;.4 Ca0+11
LEGEND —
- E%16t7t0 COfOtff
■ LlQ4f WRODE IMtru
ucw Rfil1RE
. BERMCE PONT
B WALL MLLDW N EXPITM CONDW R.11V
NEW 1" SCH 80 PVC
O NEW #5 PULLBOX
NEW 1 -1/2" SCH 80 PVC
NEW #5 PULLBOX
i
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
EMPLOYEE GROUP INSURANCE
RENEWALS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute agreements for long term disability, medical, dental, vision, employee assistance,
employee group life and accidental death and dismemberment insurance.
DISCUSSION
The City's employee group benefit policies, contracts and agreements are renewed annually on
January 1. The City was successful in obtaining no rate increase for non- CaIPERS City
administered insurance benefits and POA Insurance contributions for 2013. Currently the City
provides life and accidental death & dismemberment (AD &D) coverage and long -term disability
(LTD) insurance through Aetna for full -time employees. We are currently in the second year of a
three -year rate guarantee for the Life, AD &D and LTD rates through December 31, 2014.
Life Insurance
Insurance Coverage
Current Insurance
Insurance
Percent Change
Rate
Renewal Rate
Life Insurance
$0.102 per $1000
$0.102 per $1000
0.0%
Accidental Death &
$0.020 per $1000
$0.020 per $1000
0.0%
Dismemberment
25C -1
Employee Group Insurance Renewals
August 6, 2012
Page 2
Long -Term Disability
Group Coverage
Current Insurance
Insurance
Percent Change
Employee
Rate
Renewal Rate
0.0%
Management
$0.352 per $100
$0.352 per $100
0.0%
Employees
$8.78
$8.78
0.0%
130 day wait
Employees
$15.93
$15.93
0.0%
60 day wait
Dental Plans
The contract with Safeguard and is up for renewal. Safeguard has agreed to renew our contract
for a period of one year with no rate increase. We are currently in the second year of a two -year
contract with Delta Dental, and there will be no rate increase.
Type of Coverage
Safeguard Dental
Current Rate
Safeguard Dental
Rate 2012
Percent
Change
Employee
$25.28
$25.28
0.0%
Employee Plus Family
$43.22
$43.22
0.0%
Type of Coverage
Current Rate
Rate 2012
Percent Change
Employee
$48.39
$48.39
0.0%
Employee Plus Family
$119.17
$119.17
0.0%
25C -2
Employee Group Insurance Renewals
August 6, 2012
Page 3
CalPERS Health Program
The CalPERS basic HMO health plans will increase by 8.7% and the basic PPO health plans will
increase by 13.9 %. The increase reflects growing health care costs nationwide. The City will incur
a 9% increase in costs for all bargaining units that are tied to the Kaiser rate for the City
contribution and a 7.3% increase in costs for SEIU because the City contribution is tied to the
lowest HMO rate. There will not be any increase in City contribution to the POA medical
contribution for 2013. The employees will pick up any increase in cost above the City contribution.
Plan
Employee
Only
Employee & one
Dependent
Employee & two or
more Dependents
Blue Shield Access+ HMO
$643.93
$1287.86
$1674.22
Blue Shield NetValue
$550.03
$1100.06
$1430.08
Kaiser
$558.95
$1117.90
$1453.27
PERSCare
$992.61
$1985.22
$2580.79
PERSChoice
$611.30
$1222.60
$1589.38
PERSSelect
$446.49
$892.98
$1160.87
PORAC safet members
$581.00
$1088.00
$1382.00
Employee Assistance Program — REACH Employee /Associate Assistance
The City is entering into the second year of a three -year rate guarantee with REACH Employee
Assistance Program. This plan assists employees and their eligible dependents in handling
problems that may be interfering with their performance on the job. Consultation for problems
such as alcohol and drug abuse, legal, marital and family problems are available.
Retirees are not included in the annual cost estimates. The Police Officers Association maintains
their own insurance programs for medical, dental and LTD coverage.
25C -3
Employee Group Insurance Renewals
August 6, 2012
Page 4
FISCAL IMPACT
The annual cost of each plan may vary depending on changes in the number of employees
enrolled during the year. The projected annual costs are calculated using current enrollment as of
July 2012.
Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS
Aetna Life /LTD Insurance
Dental Carriers
CalPERS Medical
REACH (EAP Provider)
Total Annual Cost
2012
$ 131,594
$ 375,038
$ 6,455,785
$ 18,071
$ 6,980,488
2013
$ 115,175
$ 339,307
$ 5,722,225
$ 18,071
$ 6,194,778
Difference
$ 0
$ 0
$ 0
$ 0
$ 0
Difference
$ - 16,419
$ - 35,731
$-733,560
$ 0
$-785,710
Funds in the amount of $7,473,775 are budgeted and available in the Personnel Services
Employee Benefits account (account no. 08109053 - 64010) to pay for City Administered insurance
coverage. Funds in the amount of $7,080,920 are budgeted and available in the Employee
Benefits account (account no. 08109053 - 64010) to pay for the Association Administered insurance
coverage. Total budgeted amount is $14,554,695 available in Fiscal Year 2012 -2013. The balance
to be budgeted in Fiscal Year 2013 -2014.
Edward S. Raya
Executive Director
Personnel Services
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency t�
25C -4
Coverage for POA (Sworn and Non - Sworn)
2012
2013
Aetna Life /POA LTD Insurance
$
439,753
$ 439,753
POA Dental
$
574,560
$ 574,560
POA Medical
$
6,940,940
$ 6,940,940
REACH (EAP Provider)
$
11,810
$ 11,810
Total Annual Cost
$
7,967,063
$ 7,967,063
Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS
Aetna Life /LTD Insurance
Dental Carriers
CalPERS Medical
REACH (EAP Provider)
Total Annual Cost
2012
$ 131,594
$ 375,038
$ 6,455,785
$ 18,071
$ 6,980,488
2013
$ 115,175
$ 339,307
$ 5,722,225
$ 18,071
$ 6,194,778
Difference
$ 0
$ 0
$ 0
$ 0
$ 0
Difference
$ - 16,419
$ - 35,731
$-733,560
$ 0
$-785,710
Funds in the amount of $7,473,775 are budgeted and available in the Personnel Services
Employee Benefits account (account no. 08109053 - 64010) to pay for City Administered insurance
coverage. Funds in the amount of $7,080,920 are budgeted and available in the Employee
Benefits account (account no. 08109053 - 64010) to pay for the Association Administered insurance
coverage. Total budgeted amount is $14,554,695 available in Fiscal Year 2012 -2013. The balance
to be budgeted in Fiscal Year 2013 -2014.
Edward S. Raya
Executive Director
Personnel Services
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency t�
25C -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
AGREEMENT FOR COMMERCIAL REAL
ESTATE LEASING SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
CIBA Real Estate for leasing services at the Santa Ana Regional Transportation Center, in a total
amount not to exceed $60,000 with an additional 15% contingency, subject to nonsubstantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Regional Transportation Center (SARTC) is the focal point of transportation in
Orange County, with an overall estimated weekday count of 2,995 visitors a day. The SARTC
building contains approximately 35,000 square feet of rental space. Currently, there is one vacant
5,200- square -foot suite located on the first floor of the SARTC.
The suite was previously occupied by the City's WORK Center for a grant program that expired at
the end of June 2011. Given the conditions of the commercial real estate market, staff has not
been able to acquire a new tenant despite multiple efforts. Therefore, staff recommends retaining
professional commercial real estate leasing services for the vacant space with an added
contingency for additional services should other rental spaces within the facility become available
during the term of the agreement.
Request for Proposals (RFPs) were sent to 20 local and regional commercial real estate firms.
Two proposals were received and evaluated based on the criteria set forth in the RFP as follows:
CRITERIA
CIBA Real Estate
CB Richard Ellis
Responsiveness to RFP
26.7
25.0
Experience of Firm and Personnel
25.0
24.3
Compensation
37.0
29.3
TOTAL
88.7
78.6
25D -1
Agreement for Commercial Real
Estate Leasing Services
August 6, 2012
Page 2
Staff selected CIBA Real Estate based on the thoroughness of its proposal, professional expertise,
and knowledge of the Southern California market, experience working with local government
agencies, and competitive compensation structure. Under the proposed agreement, CIBA will
develop a broad marketing strategy to generate maximum exposure and attract strong prospective
tenants; conduct an extensive market analysis to attain accurate pricing and position for the space;
and assist with negotiating lease terms.
FISCAL IMPACT
CIBA will be compensated a commission equal to five percent of the total lease consideration. The
commission -based compensation structure of the proposed agreement stipulates that CIBA will
only be compensated should the firm successfully place a tenant. Funds are available in the
SARTC program account for professional contract services (accounting unit 06717650- 62300).
Ra Godinez II
Executive Director
Public Works Agency
RG /AF
Exhibits: 1. Agreement
2. CIBA Marketing and Listing Proposal
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25D -2
AGREEMENT FOR PROVISION OF REAL ESTATE SERVICES
THIS AGREEMENT, made and entered into this 6`'' day of August, 2012 by and between
CIBA Real Estate, a general partnership (hereinafter "Broker "), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
real estate brokerage to provide listing and marketing services for lease space at the
Santa Ana Regional Transportation Center.
B. Broker represents that Broker is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Broker represents that it is
knowledgeable in its field and that any services performed by Broker under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Broker shall provide real estate listing and marketing services necessary to lease Suite
100, at the Santa Ana Regional Transportation Center ( "SARTC "), 1000 E. Santa Ana Blvd.,
Santa Ana, California. The space is comprised of 5,200 square feet on the ground floor of the
building (the "Premises "). Broker shall market the Premises to obtain a lease term of up to five
years. In providing such services, Broker acknowledges that the proposed lease space is located
in a public building and that City has absolute discretion to accept or reject any proposed lessee
brought by Broker. Further, any lease resulting from the services provided by Broker shall be in
a form approved by City. If additional tenant space becomes available at SARTC during the
term of this Agreement, the City may request Broker's services in writing, to obtain a satisfactory
tenant for such space.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the
Executive Director of the Public Works Agency, or his designated representative, and the
representative of the Broker shall be the President or his/her designated representative. Except as
may be otherwise stated herein, such representatives shall have the authority to act on behalf of
their respective parties in carrying out the terms of this Agreement.
3. COMPENSATION
a. City agrees to pay, and Broker agrees to accept as total payment for its services, a
commission equal to five percent (5 %) of total lease consideration. The total sum to be expended
for broker services related to the lease of Suite 100 shall not exceed $60,000.00 during the term
Exhibit 1
25D -3
of this Agreement. A fifteen percent contingency is available should the City request broker
services to lease additional space at the SARTC. The total sum to be expended pursuant to this
Agreement shall not exceed $69,000.
b. Fifty percent (50 %) of the commission payment shall be made within thirty (30) days
following execution of a lease for the Premises.
c. The remaining fifty percent (50 %) of total payment by City shall be made in twenty -
four (24) equal monthly payments, paid on or before the 15t` day of the month. Said payment
shall commence the month following the initial commission payment set forth in paragraph 3.b.,
above. However, if the Tenant does not complete the lease term for any reason, Broker shall
market the unexpired term free of charge.
d. Monthly payment by City shall be made within thirty (30) days following receipt of
lease payment.
4. TERM
This Agreement shall commence on the date first written above and the Broker
authorization shall terminate on June 30, 2013, unless terminated sooner pursuant to Section 13,
below. Notwithstanding the foregoing, the parties agree that the term of this Agreement will
remain open solely for the purpose of paying compensation over the twenty -four month period set
forth in Section 3.c., above. The term of this Agreement may be extended by a writing executed
by the Executive Director of Public Works, City Attorney and Broker.
5. INDEPENDENT CONTRACTOR
Broker 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 Broker performs
the services which are the subject matter of this Agreement; however, the services to be provided
by Broker shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Broker shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Broker shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Broker, if Broker 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, Broker agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
25D -4
c. The following requirements apply to the insurance to be provided by Broker pursuant
to this section:
(i) Broker 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.
7. INDEMNIFICATION
Broker agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for: (1) 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
negligence, recklessness or willful misconduct of the Broker or its contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services described
in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the negligence,
recklessness or willful misconduct of Broker arising from this Agreement. The Broker further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees
and costs for special counsel to be selected by the City, regarding any action by a third party
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
8. CONFIDENTIALITY
If Broker receives from the City information which due to the nature of such information
is reasonably understood to be confidential and /or proprietary, Broker agrees that it shall not use
or disclose such information except in the performance of this Agreement, and further agrees to
exercise the same degree of care it uses to protect its own information of like importance, but in
no event less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed
to either party by any subsidiary and/or agent of the other party is covered by this Agreement.
The foregoing obligations of non -use and nondisclosure shall not apply to any information that
(a) has been disclosed in publicly available sources; (b) is, through no fault of the Broker
disclosed in a publicly available source; (c) is in rightful possession of the Broker without an
obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Broker without reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Broker 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.
25D -5
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
facsimile (714) 647 -6956
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647 -5609
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647 -6515
To Broker: CIBA Real Estate
233 W. Chestnut Avenue
Monrovia, CA 91016
Facsimile (626) 308 -1758
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty -four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Broker, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Broker. 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 Broker nor the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Broker,
Broker may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Broker shall be entitled to compensation in accordance with Section 3.a.,
above in the following instances:
(a) The Premises are leased to Tenant(s) by or through Broker prior to the date of
termination; or
(b) Within three hundred sixty (360) days after the termination, the Premises is leased to
any person or entity with whom Broker has negotiated or to whom Broker has
submitted the Premises prior to such expiration in an effort to effect a transaction
(efforts to effect a transaction shall include but not be limited to individuals or
companies which have been contacted directly, through mailings, phone solicitation,
email or other means and which can be identified by individual or company name)
and whose name appears on any list of such persons or entities which Broker shall
have mailed to City at the address stated in Section 10, above, within thirty (30) days
following such termination, provided that if Broker has submitted a written offer to
purchase or lease, it shall not be necessary to include the offeror's name on the list.
14. DISCRIMINATION
Broker 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. Broker affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
25D -7
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Broker 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. Broker shall notify the City immediately and in
writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR PAUL M. WALTERS
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director
Public Works Agency
CIBA REAL ESTATE
FILIPPO FANARA
Principal
W11,
City of Santa Ana Public Works Agency
Santa Aria Regional Transportation Center
Retailer Outreach and Leasing Services
w
August 10, 2011
Mr. Raul Godinez
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza. M -21
Santa Ana. CA 92701
Dear Mr. Godinez:
Pursuant to the Request for Proposals far Real Estate Services, CIBA Real Estate has prepared
the following proposal regarding our retailer outreach and leasing strategy for the 5,200 square
foot space at the Santa Ana Regional Transportation Center. The CIBA team is active in
commercial and retail real estate transactions and we would appreciate the opportunity to market
the property to the myriad of retailers we are in contact with daily.
We feel that the space could be well -used by a quick serve restaurant or a full service operation.
We do work with restaurateurs that cater to similar neighborhoods with a high quality build out
and business platform. In addition. we have consummated deals with national and regional
retailers and quick serve restaurants as well.
We appreciate your consideration and please feel free to contact me at 626-303 -1818 if you have
any questions.
Sincerely.
Ryan E. Garcia
Managing Director
C I _B_X_
Real Estate
25D -10
Company Overview
CIBA is a full- service commercial brokerage firm focused on the Southern California market.
Our scope is local but our abilities have allowed us to operate internationally. CIBA was founded
in 2004 as a boutique real estate firm with the goal of better
serving our clients in a more personal fashion than any C
brokerage firm in the area. Sharing the vision of property
owners by managing. owning and developing our own
properties. CIBA understands the nuances and obstacles that
property owners face in the marketplace. Our agents have
close and long - standing ties to the local communities and are
very involved with community development and service
projects. These include International Council of Shopping
Centers, Urban Land Institute. Association of Commercial Real Estate Executives. multiple
Chambers of Commerce, Kiwanis Club, Ivy League Alumni Network and others.
CIBA is the number one choice for real estate services. We strive to provide our clients with up-
to -date information regarding their real estate assets and the events in their community. By
collaborating with our clients. we enable them to maximize their property's value. Property value
is your concern. Adding value is our goal.
CIBA developed from the mission to provide better assistance to clients seeking real estate
advice and services. By partnering with our clients, we are able to understand their goals and real
estate needs. This approach has enabled us to create long - lasting relationships with our clients.
We are a real estate brokerage based on family values and treat each of our clients the way we
expect to be treated by our service providers — with the utmost respect. in an efficient manner
and with unified ideals and goals. CiBA can be your best real estate partner. We provide the
highest service available and continue to exceed our clients' expectations.
With a combined real estate experience in excess of 40 years, the CIBA
brokerage team can assist you with any real estate transaction. We have
been put to the test and found the solution time and time again. As
commercial and residential property owners, we understand "both sides
of the table" as a buyer and a seller. We can empathize with your
obstacles and difficulties and strive to attain the same positive results we
would expect in our own ventures. We Are Your Partners in Business.
CIBA has grossed over half a million dollars in commissions per year even during this tough
recession. CIBA's financial position is strong and continues to improve with the uptick in the
economy.
CIBA-
Real Estate
25D -11
Team Biographical Information
Ryan E. Garcia, Managing Director
Ryan E. Garcia has extensive real estate acquisition and
disposition experience throughout the U.S.. in particular in the
commercial market. His experience has included providing
dispositions and development services to large corporate entities
such as General Motors. Wal -Mart and Motorola. Mr. Garcia
has designed, developed and implemented various real estate
disposition strategies for various southern California clients.
Education
USC Marshall School of
Business
Masters of Business
Administration (2014)
Ryan E. Garcia began his real estate career in 2001 with Jones
Lang LaSalle in their Chicago -based international headquarters
working with The Property Watch team. a group dedicated to
representing public and private institutions on the disposition of
corporate surplus along with net- leased assets. He continued his
real estate career with the Charles Dunn Company in their West
Los Angeles office working on the acquisition and disposition of
retail and investment properties.
In 2007 CIBA Property Management was created to facilitate
the needs of our commercial and industrial clients. CIBA
manages properties throughout Southern California.
Dartmouth College Ryan currently focuses on the acquisition and disposition of
Bachelor of Arts commercial properties along with leasing activities in the
Southern California market.
Professional Affiliations SELECTED ACCOMPLISHMENTS
Marketed and sold over $100 million in commercial and
• Licensed Real Estate residential real estate properties.
Broker in states Managed and leased over 500.000 sq. ft. of properties
California and Illinois throughout Greater Los Angeles.
Marketed and negotiated multiple redevelopment sites
• Urban Land Institute for the Compton Community Redevelopment Agency
Coordinated the sale of Capital One's Richmond,
• International Council of Virginia 450.000 sq. ft. former headquarters and Capital
Shopping Centers One's Federal Way. Washington 102.000 sq. ft. call
center.
• Kiwanis International Completed lease transactions with Rite Aid. Dominos
Pizza, Little Caesars, U.S. Postal Service and others
• Athlete's Touch
CIBX
Real Estate
25D -12
Stacie Nyborg, Senior Associate
Education
USC Gould School of Law
Juris Doctor
Yale University
Bachelor of Arts
Professional Affiliations
* Urban Land Institute
* International Council of
Shopping Centers
* California Bar
Association
* Los Angeles County Bar
Association
* Latina Lawyers Bar
Association
* American Bar
Association
Stacie is a licensed attorney and a lifelong resident of Southern
California. She has extensive knowledge of the legal and
practical issues facing local businesses and individuals in the
area and the surrounding environs of Southern California.
Because of her legal background. Stacie can help clients to
better understand the purchase and lease process and also help
identify and resolve problems from the outset. Stacie strives to
provide her clients with the best service possible and looks
forward to helping you with your future real estate transactions.
Stacie currently focuses on the acquisition and disposition of
commercial properties along with leasing activities in the
Southern California market.
SELECTED ACCOMPLISHMENTS
Advise on redevelopment projects for the Compton
Community Redevelopment Agency
Chapter 7 Trustee of Axium International in
investigating and negotiating potential litigation claims
against its secured lenders
East West Bank in foreclosure and bankruptcy
proceedings
C I —R-A--
Real Estate
25D -13
Valuable Experience
The team at CIBA has been involved with all aspects of commercial real estate from leasing,
sales, property management and development. Appendix A & B are the current leasing and sales
listings that we are working on for our clients.
In addition, we have worked with the following clients in their property leasing, acquisitions and
dispositions:
Compton Redevelopment Agency
The CIBA Team has assisted the Compton Redevelopment Agency with a variety of marketing,
acquisition and disposition assignments in the City. CIBA has been marketing over a dozen
redevelopment sites for the Agency and is currently negotiating the development of several of
those sites. The CIBA Team has been instrumental in assisting the Agency to create a marketing
campaign for ICSC and the Agency.
Contact: Michael Antwine. Deputy Director of Redevelopment
(310) 605 -5511
Monrovia Redevelopment Agency
The CIBA Team assisted the City of Monrovia in the tenanting of an approximately 6.200 square
foot City -owned building. By reaching out to the database of local and regional restaurateurs
that the CIBA team has relationships with. the City was able to sell the building to T- Phillips and
create a key cornerstone to the Old Town area. In addition, the CIBA Team is currently
marketing a redevelopment property on the Myrtle Avenue corridor which will be worked on
hand -in -hand with the Monrovia Redevelopment Agency.
Contact: Scott Ochoa. City Manager
(626) 932 -5585
Rite Aid
The CIBA Team has been enlisted by Rite Aid Pharmacy as the exclusive representative in the
San Gabriel Valley market to assist with the assessment, analysis and negotiation of relocation
sites.
Tracy Verastegui
CA Real Estate Director
(626) 858 -9227
ORA-
Real Estate
25D -14
Baja Ranch Markets and Maxi Foods
The CIBA Team has worked extensively with the ownership of Baja Ranch Markets and Maxi
Foods in the leasing of their shopping centers and analysis of additional sites for market
locations. The CIBA Team is currently working with Maxi Foods on the negotiation of its first
South Los Angeles location.
Aner Iglesias
CEO & President
(626) 357 -5051
Marketing Campaign
CIBA Real Estate ( "CIBA ") appreciates the opportunity to propose our commercial real estate
services to the City of Santa Ana Public Works Agency ( "Agency') for the 5.200 square foot
space located at the Santa Ana Regional Transportation Center ( "Property "). In order to best
evaluate the Property, CIBA has analyzed the current market. researched prospective tenants.
and has prepared a recommended marketing campaign to attain the Property's maximum value.
CIBA is excited about the prospect of representing you on the leasing of the Property. Our team
of real estate professionals brings you the following benefits:
Maximum Exposure
CIBA proposes a broad marketing approach which will expose the property to the largest number
of prospective tenants. By utilizing the frill spectrum of electronic marketing tools available to
the commercial real estate industry. CIBA will make the right people aware of the Property
offering on a local, regional and national level.
CIBA not only uses the internet effectively but takes a basic "feet on the street" approach of
flooding the local market with information by personally introducing marketing materials to
businesses in the area and placing highly signage on the Property.
Accurate Pricing and Positioning
CIBA prides itself on maximizing a property's value and bringing our clients the highest rental
value. Our team spends much time and effort on evaluating the current market trends and sets
lease pricing according to the market value. Our guidance and advice comes from much research
of in -place leases. market rental rates and available properties. Our goal is to generate intense
interest in the Property - not leave the Property lingering on the market due to overpricing - and
allow for the highest lease price.
CIR&r
Real Estate
25D -15
Effective System
Our process of quickly distributing information regarding the property offering and attracting the
strongest prospects is achievable due to our daily routine of contact management. On a daily
basis, CIBA delivers marketing materials and informational letters to prospective tenants. CIBA
represents numerous commercial property owners and tenants and truly understands the process
of lease transactions.
Preliminary Property Valuation
CIBA evaluated a number of factors to determine the highest lease value of the Property,
including: intended use of the space, prospective tenants and available competing properties.
Rental rates in the retail sector have slid since the U.S. economy, as a whole, has been struggling.
Retail has been one of the sectors most affected by this downturn. Disposable income has
decreased and those with additional funds are holding onto them tighter to weather the economic
storm. Start-up businesses have decreased in the retail markets and decreased business creates a
difficult situation for retail tenants. Deals that have been consummated in this market are
ranging from approximately $1.50 - $2.50 per square foot for similar properties.
Comparable lease listings are approximately $1.50 - $2.50 per square foot for similar properties
within the surrounding area. CIBA suggests marketing the Property's available space at the
comparable rate of approximately $1.50 - $2.50 per square foot. At this pricing, the Property
should gain strong attention and it will allow some room for negotiations.
Initial Outreach
CIBA has already spoken with several operators about the opportunity of placing a location at
the Regional Transportation Center and can have Letters of Interest executed upon our
enlistment as the Agency's representative.
CIR&�
Real Estate
25D -16
Timeline and Action Items
CIBA would like to present the action items and general timeline wherein the following will be
completed during the initial months of our outreach program:
i a 3�Toliar fiber
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OWN
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,
"Mk9,�4fN 5 4T^,G 4 Ate..
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As you can see above by the general timeline, our initial weeks will consist of compiling
property information and detailed market information for the marketing materials that will be
distributed throughout the campaign. We have already started our initial process of making a
tenant list of usual suspects and will continue to contact additional prospects through the multiple
mediums including phone calls, direct mail and blast emails. We feel confident that this multi -
pronged approach will be fruitful in attracting suitable tenants.
C IBAI'
Real Estate
25D -17
T
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yy
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v x We t
,
"Mk9,�4fN 5 4T^,G 4 Ate..
t M
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As you can see above by the general timeline, our initial weeks will consist of compiling
property information and detailed market information for the marketing materials that will be
distributed throughout the campaign. We have already started our initial process of making a
tenant list of usual suspects and will continue to contact additional prospects through the multiple
mediums including phone calls, direct mail and blast emails. We feel confident that this multi -
pronged approach will be fruitful in attracting suitable tenants.
C IBAI'
Real Estate
25D -17
Compensation
CIBA proposes a transaction fee equal to six percent (6.0 %) of the total lease consideration. A
cooperating broker would be compensated at fifty percent (50 %) of the brokerage fee. CIBA is
cognizant of certain municipal financial restraints so the marketing campaign and compensation
structure are flexible and can be customized to meet the needs of the Agency.
Conclusion
CIBA recommends enlisting our services to represent the Property for lease. Our marketing
approach will create a competitive environment for the attainment of the Property's highest
value. CIBA has the market knowledge. experience and creativity to obtain the best results in a
timely fashion for the Agency. Our focused and aggressive approach has pleased our past and
current clients. Our team looks forward to winning this assignment and satisfying you with our
services in this exciting undertaking.
CIBA-
Real Estate
25D -18
Appendix A
CIBk
Real Estate
City of Compton Redevelopment
Marketing Site List
Retail, Mixed -Use and Residential Projects
Address
Size
408 & 412 W. Alondra Blvd
2.03 + /- Acres
13633 S. Central Ave
68.0 + /- Acres
14904 S. Central Ave
11.6 + /- Acres
413 & 415 W. Compton Blvd
0.99 + /- Acres
2008 -2024 W. Compton Blvd
2.03 + /- Acres
501 -537 E. Compton Blvd
2.02 + /- Acres
1425 E. Compton Blvd
1.70 + /- Acres
201 -315 N. Long Beach Blvd
0.86 + /- Acres
1117 S. Long Beach Blvd
1.29 + /- Acres
1113 -1125 W. Rosecrans Ave
1.99 + /- Acres
200 -302 N. Tamarind Ave
2.03 + /- Acres
Total Acreage
86.67 + /- Acres
25D -19
Appendix B
CIBA7--
Real Estate
Available Properties
INDUSTRIAL FOR
LEASE
Square Feet
Type
Price per SF
Lease Type
Location
40,903
Industrial
$0.39
Mod. Gross
4207 S. Baldwin Ave., El Monte
8,000- 10,000
Industrial
S0.60
Mod. Gross
1625 S. Magnolia Ave., Monrovia
2,900
Industrial
$0.70
Ind. Gross
11711 Clark St., Units 102 -103, Arcadia
1,800
Industrial
$0.60
Mod. Gross
2310 Central Ave.44, Duarte
1,800
Industrial
$0.60
Mod. Gross
2310 Central Ave., #12, Duarte
1,800
Industrial
$0.60
Mod. Gross
2320 Central Ave.., #7, Duarte
1,800
Industrial
$0.60
Mod. Gross
2320 Central Ave.., #8, Duarte
2,000
Industrial
S0.70
Mod. Gross
212 Kruse Ave., Monrovia
7,610
Industrial
S0.95
Mod. Gross
2702 Media Center Drive, Los Angeles
3,700
Industrial
50.75
Ind. Gross
114 E. St. Joseph St., Arcadia
14,300
Industrial
S0.75
Ind. Gross
1850 Evergreen St., Duarte
10,750
Industrial
$0.85
Ind. Gross
720 E. Huntington Dr., Monrovia
2,400 -3,100
Industrial
$0.67 -0.72
Ind. Gross
2080 -2082 Lincoln Ave., Pasadena
5,200
Industrial
$0.80
Ind. Gross
1323 S. Shamrock Ave., Monrovia
10,320
Industrial
S0.55
Ind. Gross
749 N. Coney Ave., Azusa
1,450 -2,320
Industrial
50.95
Ind. Gross
1212 S. Fifth Ave., Monrovia
RETAIL FOR
LEASE
1,220
Retail
$1.50
NNN
633 N. Azusa Ave., Azusa
OFFICE FOR
LEASE
3,800
Office
$2.50
Mod. Gross
665 W. Naomi Ave., Arcadia
450
Office
$0.90
Mod. Gross
170 W. Pomona, Monrovia
800
Office
$1.30
Mod. Gross
11728 Goldring Rd., Arcadia
6,600
Office /Flex
57.30
Mod. Gross
2676 Nina, Pasadena
1,800
Office /Flex
$1.00 -1.10
Mod. Gross
128 W. Walnut Ave., Monrovia
1,333
Office
$1.40
Mod. Gross
1230 E. Huntington Dr., #10, Duarte
1,000
Office
$1.25
Mod. Gross
120 -122 W. Pomona Ave., Monrovia
FOR SALE
Square Feet
Type
Sale Price
Location
7,087
Industrial
885,000.00
2030 Central Ave., Duarte
2,400
Industrial
S 432,000.00
2080 Lincoln Ave., Pasadena
3,100
Industrial
$ 558,000.00
2082 Lincoln Ave., Pasadena
9,067
Industrial
S1,498,800.00
611 Duggan Ave., Azusa
16,550
Industrial
S415,000.00
820 Magnolia Ave., Monrovia
4,330
Retail
5575,000.00
1621 N. Garey Ave.. Pomona
LAND FOR SALE
Acres
Sale Price
Location
43.8554
$3,999,999.00
0 N. Las Lomas Rd., Duarte
The information above has been obtained from sources believed reliable While we do not doubt its accuracy. we have not verified it and make no guarantee, warranty or
representation about it.
8110/2011
25D -20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 6, 2012
TITLE:
AGREEMENT WITH THE IBI GROUP
FOR PARKING MANAGEMENT PLAN
CONSULTING SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
the IBI Group in an amount not to exceed $58,010.00 subject to nonsubstantive changes
approved by the City Manager and City Attorney for a parking management plan at the Santa
Ana Regional Transportation Center.
DISCUSSION
The Santa Ana Regional Transportation Center ( SARTC) is the focal point of transportation in
Orange County with an overall estimated weekday count of 2,995 visitors a day. The facility
covers 6.75 acres and contains a 47,000- square -foot terminal, two surface parking lots with 273
vehicle spaces, and one 4 -story parking structure with 404 vehicle spaces, totaling 677 vehicle
parking spaces. The terminal building is open from 5:00 AM to midnight daily. The parking
structure is open to the public from 4:00 AM to midnight daily. Parking is provided free of charge.
The Public Works Agency (PWA) manages the facility and is tasked with minimizing the
budgetary impact on the General Fund by moving the SARTC towards a self- sustaining
operation. Significant reductions in operating costs have been implemented and staff is
continuing to evaluate various avenues to raise needed revenues to ensure a professionally
managed facility that is attractive, safe, and responsive to the needs of travelers and our
residents.
One potential strategy to generate revenue to offset the operational costs of providing parking
facilities is to implement a paid parking management plan. At the May 7, 2012 Council meeting,
staff received authorization to issue a Request for Proposals (RFP) seeking consulting services
from firms with experience in developing parking management plans for municipal entities. A
notice inviting proposals was released on May 22, 2012 and the results are as follows:
25E -1
Parking Management Plan
Consulting Services
August 6, 2012
Page 2
Firms receiving notice inviting proposals : 18
Proposals received: 3
Proposals received from Santa Ana firms: 0
The evaluation committee and interview panel included representatives from PWA's
Administrative and Design Engineering Divisions, as well as a representative from the
Community Development Agency. Proposals were evaluated on overall responsiveness to the
RFP, firm experience and personnel, and cost. The results of the evaluation process are as
follows:
IBI Group 92.75
Walker Parking Consultants 83.25
Kimley -Horn 73.66
Staff recommends awarding the attached agreement to the IBI Group. The Scope of Work
includes developing a parking management plan that serves the SARTC's needs over a minimum
of five years and is aligned with the City's Transit Vision. Elements include an analysis and
recommendations on pricing and rate structures that are responsive to the parking demand and
types of facility users; payment methods and technologies that best meet facility management's
need for accurate parking control, ease of use by patrons, and cost - effectiveness to implement
and operate; parking control enforcement; user outreach, information, and signage; mitigation of
impacts to the surrounding area; and a site - specific implementation plan.
FISCAL IMPACT
Funds are available in the Public Works Administration account for professional contract services
(accounting unit 10117601- 62300).
Raul Godinez II
Executive Director
Public Works Agency
RG /AF
Exhibit: 1. Agreement
2. IBI Group's Proposal
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25E -2
AGREEMENT FOR DEVELOPMENT OF
PARKING MANAGEMENT PLAN
THIS AGREEMENT, made and entered into this 6`h day of August, 2012 by and between IBI
Group, a California general partnership (hereinafter "Consultant "), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of parking
technology to develop a parking management plan for the Santa Ana Regional Transportation
Center.
B. Consultant represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall research current conditions, planned uses, customer traffic patterns and other
relevant information, to utilize in developing a parking management plan for the Santa Ana Regional
Transportation Center ( "SARTC "), which will accommodate all users of the facility and provide
compensation for the City to operate and maintain the parking facilities, as described in City's Request
for Proposals No 12 -043 — Parking Management Plan at the SARTC, attached hereto as Exhibit A, and in
compliance with Consultant's Proposal attached hereto as Exhibit A -1, and incorporated by this reference.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the Executive
Director of the Public Works Agency, or his designated representative, and the representative of the
Consultant shall be David Chow or his /her designated representative. Except as may be otherwise stated
herein, such representatives shall have the authority to act on behalf of their respective parties in carrying
out the terms of this Agreement.
3. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Consultant shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the Project Manager and Consultant.
Ae-iti
In regard to all material produced as a deliverable under this Agreement, including but not limited
to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) such material shall be the property of the City, and may not be copyrighted
without prior review by the City, and (b) the authors of all such material, whether copyrighted or not,
award to the City, and to its officers, agents and employees acting within the scope of their official duties,
as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout
the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials.
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees
set forth in Consultant's Proposal and identified in Exhibit B, attached hereto and incorporated by
reference. Said payment shall be based on milestones and deliverables as set forth in said Exhibit B. An
additional ten percent (10 %) contingency shall be available for unanticipated work required to complete
the services required by this Agreement. The total sum to be expended under this Agreement shall not
exceed $58,010.00, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
c. No additional work of any kind shall be considered an extra unless a separate estimate is given
for said work and the estimate is approved by the City in writing before the work is commenced. The
consultant will be required to provide detailed information of such extra work. Documentation of
agreement compliance may be required on some occasions. Work performed prior to obtaining written
approval of the City shall not be included within the Scope of Work and may not be paid.
5. TERM
This Agreement shall commence on the date first written above and terminate on June 30, 2013,
unless terminated earlier in accordance with Section 14, below.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
2
25E -4
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
primary and not - contributory with respect to insurance or self - insurance programs maintained by the City;
and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired
and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the negligence,
recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial
or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant
arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City,
259-5
regarding any action by a third party asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of,
or effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information' shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. 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 facsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
Public Works Agency- Administrative Services
City of Santa Ana
20 Civic Center Plaza (M -76)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 -565 -2693
259-6
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -6515
To Consultant: 113 Group
David Chow
18401 Von Karman Avenue, Suite 110
Irvine, California 92612
Email dchow @ibigroup.com
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after
the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
Zs9-7
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate. However, any use of unfinished work product shall be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
ITI�JLIRI 11] lei 111WE&% M-01 "
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
%%
Zs9-s
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director — PWA
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
IBI GROUP
DAVID CHOW
Director
25t-9
25E -10
1 1:101113Ym,
PARKING MANAGEMENT PLAN CONSULTING SERVICES
SCOPE OF SERVICES
A. INTRODUCTION
The City of Santa Ana (City) is seeking to develop a parking management plan for the Santa Ana
Regional Transportation Center (SARTC) in order to generate revenue for operating costs associated with
providing parking facilities. The City desires a parking management plan which will comprehensively
address parking for the entire facility and its various types of users and tenants. The parking management
plan shall serve the SARTC's current and projected needs over a minimum of five years and be aligned
with the facility's following program goals:
1. Maintain a landmark regional transportation center in Orange County that is aligned with Santa Ana's
Transit Vision.
2. Ensure a professionally managed facility that is attractive, safe, and responsive to the needs of
travelers and the community.
3. Maintain positive relationships with tenants and transit partners and assure high quality services in a
cost - effective manner.
4. Support programs and activities that promote sustainability and encourage alternative commuting
options.
B. PROJECT SITE OVERVIEW
The Santa Ana Regional Transportation Center (SARTC) is a focal point of transportation in Orange
County. It combines Amtrak, Metrolink, Orange County Transit Authority, intercity and interstate bus
transportation, and airport and taxi services all in one location. The SARTC is close to five freeways and
only minutes from the Orange County airport, Disneyland, MainPlace Mall, Bowers Museum, the civic
center complex, and the Downtown Historical District. Future plans include the SARTC as the
centerpiece of the Station District Master Plan. The facility covers 6.75 acres and contains a 47,000 -
square -foot terminal, two surface parking lots with a total of 273 vehicle spaces, and a four (4) -story
parking structure with 404 vehicle spaces. The terminal building is open from 5:00 AM to midnight daily.
The parking structure is open to the public from 4:00 AM to midnight daily.
The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story
tower that includes small meeting/conference rooms on the 4th and 5th floors. Tenants include Amtrak,
Greyhound Lines, Crucero, Transportes Intercalifornias, Tres Estrellas de Oro, County of Orange Social
Services, State of California EDD, the City of Santa Ana WORK Center, Cafe Express, and K. Lee Gifts
Shop. The overall weekday foot traffic count for the SARTC is estimated at 2,995 a day.
259-11
Rail Services
The SARTC is served weekdays by 22 Amtrak trains (24 trains on Friday) and 33 Metrolink trains, with a
mean daily rail passenger count of 1,766. Metrolink service begins at 4:32 AM at the station and the last
train departs at 7:21 PM. Peak Metrolink train frequency occurs between the hours of 6:00 AM to 8:30
AM and 4:00 PM to 6:30 PM. Amtrak service begins at 6:53 AM and the last train leaves at 11:06 PM.
Amtrak train frequency is consistent throughout the day providing about one train per hour.
Weekend service at the Santa Ana station is less frequent and includes 24 Amtrak trains and eight
Metrolink trains. Three Metrolink trains are provided during weekend morning hours and five Metrolink
trains are provided during weekend evening hours. Amtrak provides weekend service of approximately
one train per every half hour between 7:30 AM to 9:00 AM and 10:30 AM to 1:30 PM. At least one
Amtrak Pacific Surfliner train is provided every hour from 2:30 PM to 11:30 PM.
Bus Services
Ten bus bays are located on the west side of the terminal with access and egress off Santiago Street.
OCTA bus Local Routes 59 and 83 and Station Link Routes 462, 463, and 464 serve the station. On
average, there are 220 weekday OCTA boardings and fewer than 10 weekend boardings at SARTC.
Greyhound, Transportes Intercalifornias, and Tres Estrellas de Oro offer long- distance bus service at the
station between 5:00 AM and midnight. These three long- distance bus service providers report an average
of 700 boardings and alightings per day. Amtrak bus service provides service at the Santa Ana station, in
lieu of Amtrak trains, during select off -peak hours. The Amtrak bus service operates between the hours of
12:00 AM to 5:00 AM for the Pacific Surfliner route.
Workforce Development Services
The Santa Ana WORK Center is located within the SARTC. The WORK Center combines resources
from various agencies to provide integrated job and workforce development services, including job search
assistance, employee referrals and placement, unemployment insurance filing, and career counseling for
adults and youth. As part of the WORK Center, the State of California EDD leases an administrative
office on the first floor which averages five client visits per day. The City of Santa Ana and the State
EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day
and the referral center suite averages 254 client visits per day. The WORK Center offices on the first and
second floors are open from 8:00 AM to 5:00 PM Monday through Thursday and every other Friday. The
County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits
per day. The third floor suite is open from 8:00 AM to 5:00 PM, Monday through Friday.
Public Safety
As a regional transportation hub and public services facility, various local, state, and federal authorities
have law enforcement jurisdiction within the facility. The lead authority is the Santa Ana Police
Department. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA
Police, Amtrak Police, and the Department of Homeland Security are among the other law enforcement
agencies that hold jurisdiction. In partnership with these law enforcement agencies, the SARTC hosts a
Regional Transportation Center Public Safety Office within the facility. In addition, the SARTC is
designated as a Homeland Security critical infrastructure locale and has contracted private security guard
services 24 -hours a day, seven days a week.
259-12
C. REQUIRED COMPONENTS AND TASKS
The Consultant shall develop a parking management plan which comprehensively addresses the parking
needs of the entire facility and its various types of users and tenants. The parking management plan will
serve the SARTC's current and projected needs over a minimum of five years while accounting for future
plans and projects involving the project site.
The City shall provide the Consultant documents, plans, and studies related to the zoning, roadway
modification, and other efforts that are underway or planned for the project site and surrounding area. The
consultant is responsible for utilizing and incorporating the information provided in the documents for
development of the parking management plan.
A number of these documents are related to the City's Transit Vision. The Transit Vision aims to serve
residents, workers, local businesses, and the transit - dependent, with the dual goals of improving mobility
and strengthening connections to surrounding communities and cities. The Transit Vision focuses on
development of the Santa Ana- Garden Grove Fixed Guideway (Streetcar) Project, the Santa Ana
Boulevard Grade Separation, and the SARTC Master Plan. It is further supported by the Transit Zoning
Code and the Station District Plan. In addition, the consultant is expected to utilize and incorporate
relevant findings of the 2011 Orange County Transportation Authority (OCTA) Metrolink Station
Parking Management Study.
Specific components of the proposal and tasks necessary to complete a comprehensive parking
management plan will at minimum include, but shall not be limited to:
1. Review of existing relevant documents, plans and studies as outlined above.
2. Understanding of existing conditions, current parking management, demand, and utilization — a
substantial amount of this research shall be provided and included in the existing documents the
consultant is responsible for reviewing. Consultant shall clearly indicate if additional research or data
collection is proposed or recommended.
3. Analysis and recommendation of pricing and rate structure that is responsive to the parking demand
and types of facility users (commuters, overnight, short-term, long -term, visitors, employees, etc.)
4. Assessment and recommendation of payment method and technology that best meets facility
management's need for accurate parking control, ease of use by patrons, and cost - effectiveness to
implement and operate.
5. Evaluation and recommendation for parking control enforcement — whether existing contracted
security officers can effectively fulfill this duty or third -party parking management services are
recommended.
6. Recommendations for improved user information, signage, and outreach to inform users about
parking availability, regulations, and price.
7. Discussion of how proposed parking management plan mitigates potential impacts on surrounding
area, especially neighborhood on- street parking.
259-13
8. Development and provision of a site specific implementation plan on how to best implement the
proposed parking management plan, including costs, projected revenues, key steps, and timeframes.
Consultant shall complete other tasks deemed necessary to complete a comprehensive parking
management plan. Consultant shall be expected to expand on the above -noted components where
appropriate, and provide suggestions which might lead to efficiencies and enhance the results or
usefulness of the plan.
25t-14
EXHIBIT A -1 TO THE AGREEMENT
CONSULTANT'S PROPOSAL
12
25E -15
25E -16
NO. 12 -043
Parking Management Plan at the
Santa Ana Regional Transportation Center
Submitted to City of Santa Ana
IBI by IBI Group
GROUP
June 11, 2012
Exhibit 2
25E -17
IBI Group
18401 Von Karman Avenue - Suite 110
IBI Irvine, CA 92612
GROUP Tel 949 833 5588
Fax 949 833 5511
June 11, 2012
Alma Flores
City of Santa Ana Public Works Agency
3rd Floor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Ms. Flores:
RFP: Parking Management Plan at the Santa Ana Regional Transportation Center
IBI Group is very pleased to present our proposal to the City of Santa Ana to prepare a comprehensive
Parking Management Plan for the Santa Ana Regional Transportation Center (SARTC). We recognize that
this study provides the City of Santa Ana with an excellent opportunity to advance the goals set forth in
the City's Transit Vision and develop an effective Parking Management Plan to implement at SARTC. We
understand that the success for this project is dependent not only on a thorough parking analysis and
management plan, but one that considers the diverse mix of services and people utilizing the SARTC, and
the key role SARTC plays as the transportation hub of Orange County.
IBI Group offers the City unparalleled expertise for the planning and implementation of a Parking
Management Plan for SARTC. Our project team includes staff with direct involvement on the Metrolink
Station Parking Management Plan and the SARTC Master Plan, and we are ready to assist the City
of Santa Ana in completing a comprehensive Parking Management Plan at SARTC that is based on
sound technical analysis, creative and effective parking management strategies, and innovative planning
concepts.
As Director of IBI Group, I certify that I am authorized to sign this letter on behalf of the firm and bind IBI
Group contractually. We look forward to the opportunity to further discuss our qualifications and approach
with your selection committee.
Sincerely,
IBI Group
David Chow, P.E., AICP
Director
18401 Von Karman Avenue Suite 110 Irvine, CA 92602 Tel. (949) 833 -5588 Fax (949) 833 -5511
BI Group is a group of firms providing professional services
25E -18
NO. 12 -043
Parking Management Plan at the
Santa Ana Regional Transportation Center
TT Submitted to City of Santa Ana
IB1 by IBI Group
GROUP
June 11, 2011
IPPP,
0
IBI Group was founded in 1974 and is a leading international, multi - disciplinary provider of a
IBIbroad range of professional services focused on the physical development of cities. IBI's business
GROUP is concentrated in four main areas of development: Transportation, Urban Land, Facilities,
and Systems. The integration of these disciplines within a single firm allows us to provide
comprehensive professional services for a variety of projects, while our project management
services ensure quality control and cost efficiency in the implementation of projects.
We offer a full range of architecture, engineering, and planning services to the public and private sectors. IBI
Group currently employs over 2,700 persons in 80 offices across North America, Europe, Middle East, and
Asia. IBI Group is in excellent financial health and no conditions exist that would impede its ability to provide
the professional services for this contract. The firm has been growing steadily for the past ten years and
is in excellent financial condition. IBI Group is an ISO 9000 certified firm, Certificate Number FS 501660,
Management Standard BS EN ISO 9001:2000.
IBI provides the City of Santa Ana with a team of professionals that possess a broad range of architecture,
engineering and planning capabilities. Our team's primary differentiators include:
7W
• Knowleoge of the City: IBI Group has a long history of working with Santa Ana on a variety of complex
transportation projects, with our most recent projects including the Santa Ana Circulation Element Update
and the successful completion of the Master Plan for the Santa Ana Regional Transportation Center
(SARTC). This diverse experience provides us with an unparalleled understanding of the opportunities and
constraints related to parking at SARTC.
A Full Service Team: From technical analysis to policy development an IBI Group provides all the skill sets
necessary to support Santa Ana in the development of an Parking Management Plan at SARTC. From
technical analysis, to policy development, and through project approval and community outreach, IBI Group
includes all of the necessary skill sets needed to support Santa Ana in developing a management plan from
start to finish. Our team is composed of a seasoned mix of engineers and planners, with experience working
together on past similar projects.
• Relevant Experience: IBI Group recently completed two studies that are of key relevance to this RFP,
including the SARTC Master Plan and Metrolink Station Parking Management Plan. Our involvement in
these studies provides us with a keen understanding of the station, from existing conditions, to parking
utilization, and future goals and policies.
Local and Available: Since responsiveness is a key component to the success of any project, the IBI Group
team is comprised of locally based consulting firms that are readily available to Santa Ana with just a phone call.
IBI Group has over 150 professionals in California. The integration of our four disciplines provides a set of
professional services for the comprehensive analysis of all aspects of transportation, transit, and urban planning
traffic engineering, traffic modeling, and project management.
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center IBI Group 6.11.12 2
25E -21
QUALIFICATIONS
Metr +Mink. Parking Study
Orange County, CA
The Orange County Transportation Authority selected
IBI Group to lead a comprehensive study examining
existing parking supply and conditions at the 11
Metrolink stations in Orange County. The objective
of the study was to identify a "toolbox" of candidate
strategies that are tailored to the existing and future
environment at each station. The project consisted of
several components, including the production of five
technical memorandums. Key study elements included
a literature review of a range of parking management
strategies, followed by an analysis of 19 case studies
and their applicability, effectiveness, acceptability,
and costs. The team reviewed information related
to existing parking conditions, land use and parking
policies at the 11 Metrolink stations, including existing
parking supply, parking demand, ridership, land
uses, and future changes to land uses and parking
policies. IBI Group also conducted on -board and
Santa Aria Regional Transportation
Center (SARTC) Master Plan
Santa Ana, CA
The City of Santa Ana selected IBI Group to
lead the Master Planning and Visioning effort
for the development of the Santa Ana Regional
Transportation Center ( SARTC). IBI Group is tasked
to look at development of the station site and existing
neighborhood connections through three phased
development horizons, 2014, 2025 and 2040. IBI is
utilizing an integrated process that includes detailed
transportation planning, forecasting, constraints
analysis, concept station design, funding identification
and stakeholder engagement. SARTC is seen as an
important piece of a sustainable vibrant community,
offering residents not only increased and improved
transit options, but also a place to gather, shop, work
and play. Such uses as themed retail, public plazas,
and locally serving live /work amenities are all being
City of Santa Ana
N0.12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center
online rider surveys and a focus group session to
obtain information on parking patterns; and individual
parking operator interviews to understand the benefits
and challenges associated with the implementation of
parking management strategies. At the conclusion of
the study, IBI Group prepared a final report with near
and long term recommendations that station cities
and OCTA can draw upon, now and into the future,
to address specific challenges and needs associated
with Metrolink station parking demand.
considered as integral to the site visioning process.
The year long planning effort is bringing together a
wide variety of IBI Group resources, including detailed
engineering analysis, transportation planning, urban
design and station concept design, and will ultimately
provide Santa Ana with a vision that will guide site
and area development for years to come.
25E -22
IBI Group 6.11.12 3
Santa Aria Circulation Element
Update
Santa Ana, CA
IBI Group is leading the effort to update the City
of Santa Ana General Plan Circulation Element. As
part of this project, IBI Group is performing the
following tasks: establishing Circulation Element goals,
objectives, and policies; evaluating impacts that traffic
growth will have on the circulation within the City and
recommending appropriate improvements to mitigate
these impacts; updating the objectives and policies
for public transit, bicycle, and pedestrian facilities;
providing objectives and policies for transportation
demand management, intelligent transportation
systems, traffic calming measures; and providing
modeling and analysis of alternative future network
Metrc Gold Line Foothill Phase
2 Extension Bus Interface and
Parking Garages
San Gabriel Valley, CA
The Metro Gold Line Foothill Extension will run from
its current terminus in the City of Pasadena to the City
of Montclair, 26 miles to the east. Upon completion, a
dozen new stations will mean that 11 additional cities
will be served by the Metro Rail system. IBI Group is
supporting the Construction Authority on an effort
to resolve issues relating to the interface between
different travel modes, neighborhood connectivity,
and the proposed rail line. The aim is to create an
integrated transit system that will allow its users to
move effortlessly between transit and their destination.
A key element of this work is the conceptual design
of park- and -ride facilities for the Phase 2A stations
between Arcadia and Azusa. IBI Group is working to
layout designs for these garages and to locate bus
stops and prepare prototypical bus stop treatments
near the park- and -ride facilities.
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center
What is a Complete Street?
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assumptions. An important component of this study
is updating the Circulation Element to comply with the
State requirements for Complete Streets planning,
which require that roadways accommodate all users
from autos to transit to bicyclists and pedestrians.
E_
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25E -23
IBI Group 6.11.12 4
North Montclair Specific Plane
Metrolink Station Parking Demand
Study
Los Angeles, CA
IBI Group prepared a parking demand analysis for the
proposed North Montclair Specific Plan area. The
specific plan calls for the development of over 1,500
residential units and retail development around the
existing Montclair Metrolink commuter rail station.
The parking demand analysis quantified the parking
demands of the new development and recommended
a target number of public parking spaces that should
be included in the specific plan area to serve new
development and park- and -ride commuters at the rail
station. The study also included the development of
conceptual parking garage layouts for the relocation
of surface parking at the Metrolink station. This
assignment was completed as part of the Southern
California Association of Government's (SCAG) 2%
Growth Strategy study.
Anaheim Canyon Metrolink Station
Project Study Report
Anaheim, CA
IBI Group prepared a Project Study Report (PSR)
for the expansion of the Anaheim Canyon Metrolink
Station. A primary element of the PSR is the
preparation of a parking demand study for the
proposed expansion of the station. Parking demand at
the station is currently exceeding available supply and
the spill -over parking demand is impacting an adjacent
office development. The parking demand study
identifies the potential future demand for parking at the
station and identifies potential alternatives to provide
sufficient parking for each project phase, during
construction, and at project completion.
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center
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25E -24
IBI Group 6.11.12 5
KEY STAFF
David Chow, PE, AICP
PRIN:;IFV'L- N- CHARGE
Mr. Chow, a Director of IBI Group, is a registered Professional Engineer (RE., Civil) and member of the American
Institute of Certified Planners (AICP) with over 21 years of experience working in the transportation planning and
engineering fields. He has worked on numerous complex projects ranging from detailed conceptual engineering
and environmental studies to traffic impact studies and geometric design. His background includes extensive
experience with travel demand modeling, regional and focus area assessments, traffic engineering, transportation
and transit planning, and engineering design. He has successfully directed many different types of transportation
projects throughout Southern California. Key projects of relevance to this proposal include his management roles
on the Santa Ana Regional Transportation Center Master Plan, the Santa Ana Circulation Element Update, and
the Gold Line Foothill Extension Bus and Parking Interface Plan.
William Delo, AICP
PRO,.EC'- MA" AGER
Mr. Delo is an Associate of IBI Group and a Transportation Planner with over twelve years of experience in
transportation planning and traffic engineering. Mr. Delo is an experienced project manager and task leader,
responsible for the successful completion of numerous projects ranging from traffic and parking studies to
regional multimodal transportation studies. Of particular relevance to this proposal is his work on the Metrolink
Station Parking Management Plan as Project Manager. Mr. Delo also served as task lead for the City of Santa
Ana Circulation Element Update, the Gold Line Foothill Extension Bus and Parking Interface Plan, and the Santa
Ana Regional Transportation Center Master Plan. His career experience has included extensive participation in
public and agency outreach activities.
Lydia La Point, PE LEED AP
PARKIN,' PRK ING STRATEGIES
Ms. La Point is a Transportation Engineer with 9 years of experience with IBI Group. Ms. La Point has prepared
conceptual designs for multi -story parking structures, surface parking lots and bus facilities, as well as preliminary
engineering roadway and signal plan drawings and cost estimates. She has also performed numerous traffic
and parking analyses for a variety of land uses throughout California, and understands the relationship between
land use and transportation infrastructure. Ms. La Point played a key role in the Metrolink Station Parking
Management Plan and worked on the Advanced Conceptual Engineering of Intermodal Parking Facilities for the
Metro Gold Line Foothill Extension Construction Authority.
Dylan Jones, MAIBC NCARB
MASTEP? �ILA"� COORDINATION
Mr. Jones has specialized experience in design and project management of large and complex projects,
including publicly funded transportation projects, and privately funded transportation related mixed -use projects
of varying types and densities. Mr. Jones has a particular interest in the relationship between complex urban
transit networks and contemporary urban development trends. Mr. Jones has a unique ability to break down the
challenging tasks associated with such projects into a productive and intelligible course of action, a skill that has
proven invaluable on many successful projects. Mr. Jones was a key team member on the Santa Ana Regional
Transportation Center Master Plan and served as Deputy Project Manager.
City of San :a Ana
N0.12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center IBI Group 6.11.12 6
25E -25
Colleen Hsieh
PARKING DEMAND ANALYSIS
Ms. Hsieh is a Transportation Planner at IBI Group with over four years of experience in transportation planning
and traffic engineering. Ms. Hsieh has condcuted parking demand analysis, peer parking reviews, and parking
utilization studies for a variety of developments. Ms. Hsieh has an extensive understanding of Southern California
through the various projects she has worked on, ranging from regional multi -modal transportation studies, traffic
impact and parking studies, and transit - oriented development (TOD) studies. Of key relevance to this proposal
is her work on the Metrolink Station Parking Management Plan, the Santa Ana Regional Transportation Center
Master Plan, and the City of Santa Ana Circulation Element Update.
ORGANIZATION
WILLIAM DELO, AICP
PROJECT MANAGER
LYDIA LAPOINT, PE, LEED AP
PARKING PRICING STRATEGIES
DYLAN JONES, MAIBC NCARB
MASTER PLAN COORDINATION
COLLEEN HSIEH
PARKING DEMAND ANALYSIS
AVAILABILITY TABLE
DAVID CHOW, PE, AICP
PRINCIPAL IN CHARGE
David Chow, P.E., AICP
Principal -in- Charge
20%
William Delo, AICP
Project Manager
40%
Lydia LaPoint, P.E., LEED AP
Parking Pricing Strategies
50%
Dylan Jones, MAIBC, NCARB
Master Plan Coordination
60%
Colleen Hsieh
Parking Demand Analysis
50%
City of Santa Ana
N0.12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center
25E -26
IBI Group 6.11.12 7
DAVID CHOW, PE, AICP Profile
Principal -in- Charge EDUCATION
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center IBI Group 6.11.12 8
25E -27
Bachelor of Science (Civil Engineering),
Mr. Chow, a Director of IBI Group, is a registered Professional Engineer (P.E., Civil) and
University of California, Irvine, 1989
certified planner with the American Institute of Certified Planners (AICP). He has over 21
years of experience working in the planning, engineering, and urban design fields. In that
EXPERIENCE
period, he has worked on numerous major investment studies, complex transportation and
2005 -to date
land use projects, engineering design of local and regional transit systems, transit oriented
IBI Group, Irvine, Director
development projects and technical work related to environmental clearance studies. His
background includes extensive experience with traffic engineering, civil engineering,
1998 -2005
regional, transit and land use planning and design. As a Director of IBI Group, David is one
IBI Group, Irvine, Associate Director
of the managers that oversees the firm's transportation practice in the Southwest United
States and is often the partner -in- charge (PIC) of detailed design, quality control,
1994-1998
management and technical oversight.
Meyer, Mohaddes Associates, Los
Angeles, Senior Engineer/ Planner
Representative Experience
1989.1994
City of Santa Ana Circulation Element Update — IBI Group is assisting the City of Santa
DKS Associates, Los Angeles, Senior
Ana in the update of their General Plan Circulation Element. It involves a complete
Engineer/ Planner
evaluation of the Master Plan of Streets and Highways, development of a Bicycle and
Pedestrian Master Plan, and incorporation of planned rail and transit improvements into the
1986-1989
Circulation Element. It also includes an extensive public outreach program to educate and
Barton n Associates,
engage residents and local stakeholders in developing a Complete Street vision for Santa
Pasadennaa, , Assistant Engineer/ Planner
Ana. Mr. Chow is the Project Manager for this study.
REGISTRATION
City of Santa Ana SARTC Master Plan — Mr. Chow is the Project Manager for this $1.4
Professional Engineer, Civil,
million master plan study to investigate and develop concepts to update Santa Ana
Arizona #47449
California #059428
Regional Transportation Center (SARTC) to better connect with the surrounding community
Michigan #55640
and handle the significant increase in passenger levels and transportation modes that will
Nevada #17928
access the station in the next 30 years. The study will develop alternatives that can handle
New Mexico #19028
all the new transit modes coming into the station including bus rapid transit (BRT), streetcar,
New York #86606
shared -cars, and high -speed rail. Options will include the range between upgrading the
North Carolina #34632
existing facility to designing a completely new SARTC. A core component of the study is to
Certified Planner, American Institute of
develop a more efficient and sustainable station that better integrates and interfaces with
Certified Planners, #016827
the surrounding area, which is undergoing significant redevelopment.
MEMBERSHIPS
Metro Gold Line Foothill Extension Bus Interface and Parking Garages — As part of the
Urban Land Institute
effort to extend the Metro Gold Line from Pasadena to Montclair, IBI Group is assisting in
an effort to develop detailed station interface plans for the 12 stations along the 16 mile
Institute of Transportation Engineers
extension. The effort includes developing concepts for each of the stations which include
transit restructuring to better serve and interface with the new stations, investigating urban
American Society of Civil Engineers
design and connectivity opportunities and identifying important station attributes to provide
a more pleasant and friendly environment for patrons. David is the Partner -in- Charge of IBI
American Planning Association
Group's effort on this project and is helping with the transit restructuring plan to increase the
efficiency of the local, express and municipal transit lines that connect with the new
Chi Epsilon, Civil Engineering Honor
stations.
Society
TRAFFIC IMPACT /PARKING STUDIES
Mr. Chow has conducted numerous parking and traffic impact studies throughout the
southwest United States and is thoroughly familiar with the methodologies, principles and
practices behind the analysis. A detailed listing of Cities can be provided as needed.
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WILLIAM DELO, AICP
Profile
Project Manager
EDUCATION
B.A. (Environmental Analysis and
Mr. Delo is an Associate of IBI Group and a Transportation Planner with over twelve years
Design), University of California, Irvine,
of experience in transportation planning and traffic engineering. Mr. Delo is an experienced
2000
project manager, responsible for the successful completion of numerous projects ranging
from traffic and parking studies to regional multi -modal transportation studies. His career
EXPERIENCE
experience has included extensive participation in public and agency outreach activities.
2001- to date
IBI Group, Irvine, CA, Transportation
Representative Experience
Planner/ Associate
Metrolink Station Parking Management Strategies Study (2009 -2011) — Mr. Delo was
2000 -2001
the Project Manager of this study, which identified candidate parking management
Civic Solutions, Inc. (City of Santa
strategies for the 11 Metrolink commuter rail stations in Orange County. The project
Monica, City of Ontario, City of Rancho
included coordination with the 11 station cities in Orange County, as well as the preparation
Santa Margarita), Assistant Planner
of case studies, examining the application and success of parking management strategies
1999 -2000
implemented at commuter rail stations throughout North America. Candidate strategies
include pricing p arkin g, improving mode of access options, technolo gy, and parking
Orange County Transportation
Authority, Orange, CA, Assistant
management districts. The objective of the study was to identify a "toolkit" of potential
Transportation Analyst
strategies tailored to the existing and future environment at each station.
MEMBERSHIPS
Metro Gold Line Foothill Extension Bus Interface and Parking Garages (2009 -2011) —
American Planning Association
Mr. Delo managed IBI Group's efforts as a subconsultant on this project. IBI was
responsible for the identification of possible refinements to bus operations and the
REGISTRATION
development of conceptual designs for six park- and -ride facilities that will serve the
proposed light rail stations along this extension of the Metro Gold Line. Conceptual
Certified Planner, American Institute of
designs were developed for five parking garages ranging in size from 250 to 350 parking
Certified Planners #019993
spaces, as well as a 125 -space surface parking lot. The project includes close coordination
with staff from the five cities along the corridor.
Anaheim Canyon Metrolink Station Project Study Report (2009) — Mr. Delo led the
preparation of a parking demand study for the proposed expansion of the Anaheim Canyon
Metrolink station. Parking demand at the station exceeds available supply and the spill-
over parking demand impacts an adjacent office development. As the station is improved
and commuter rail service is expanded, parking demand is forecast to further increase. The
parking demand study identified the potential future demand for parking at the station and
potential alternatives to provide sufficient parking for each project phase, during
construction, and at project completion.
Santa Ana Regional Transportation Center Master Plan (2010) — On behalf of the City of
Santa Ana, IBI Group is developing a station master plan for the Santa Ana Regional
Transportation Center. Mr. Delo is leading the parking demand analysis effort for this study,
quantifying future parking demand for the station and identifying strategies for either
accommodating this demand with additional parking or developing parking management
strategies to help reduce future demand.
North Montclair Parking Demand Analysis (2006) — This specific plan calls for the
development of over 1,500 residential units and retail development around the existing
Montclair Metrolink commuter rail station. Mr. Delo prepared a parking demand analysis to
quantify the parking demands of the new development and recommend the number of
public parking spaces that should be included in the specific plan area to serve new
development and park- and -ride commuters at the rail station.
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LYDIA LA POINT, P.E., LEED AP
Profile
Transportation Engineer
EDUCATION
B.S. (Civil Engineering with a Minor in
Ms. La Point is a Transportation Engineer with eight years of experience in the Irvine office
Information and Computer Science),
of IBI Group. She has performed traffic impact and parking analyses for a variety of
University of California, Irvine, 2003
development projects and land uses. The studies involve issues related to school zones,
parking requirements, shared parking, alternative transportation, Americans with Disabilities
EXPERIENCE
Act (ADA) standards, live /work housing, and heavy truck trips. Ms La Point is familiar with
2003 -to date
Institute of Transportation Engineers (ITE) and the American Planning Association (APA)
IBI Group, Irvine, CA, Transportation
parking generation manuals, and has derived parking generation rates based on specific
Engineer
employee and mode information, parking count data, and field observations. She has also
prepared conceptual designs and cost estimates for parking garages, surface parking lots,
MEMBERSHIPS
and transit centers.
Women in Transportation Seminar
(WTS -OC) 2011 -2012 Scholarship
Representative Experience
Chair
Orange County Metrolink Station Parking Management Study — Ms. La Point was part
Institute of Transportation Engineers
of a team that prepared a study for the Orange County Transportation Authority (OCTA)
that identified parking management strategies for each of the MetroLink stations in Orange
American Society of Civil Engineers
County. Ms. La Point compiled information on conditions at each station including current
parking supply, existing and forecast parking demand, surrounding land uses, availability of
Chi Epsilon National Civil Engineering
transit, pedestrian and bicycle facilities, and mode choice to access the station. The team
Honor Society
met with each City to discuss short term and long term plans for the station and to present
options for potential parking management strategies. Strategies included pricing (monthly,
Tau Beta Pi Engineering Honor Society
daily or hourly fees), operations (staffed facilities, valet service, passenger amenities),
REGISTRATION
technology (web -based parking information, message signs, advanced reservations), mode
of access (increased transit service, bike facilities, carshare), and land use (shared parking,
Registered Civil Engineer
parking management districts).
California No. C70858
Garden Grove Downtown Parking Study Update — Ms. La Point served as the Project
ACCREDITATION
Manager for this parking supply inventory and occupancy analysis for the public parking
LEED Accredited Professional
facilities serving downtown Garden Grove. The documented existing peak period demand
U.S. Green Building Council
for both on- street spaces and off - street lots. The findings of the study included that the
existing supply is sufficient to meet demand, with a surplus of over 100 spaces. However,
some public parking areas are not clearly marked, and it was recommended that the City
implement a signage program to clearly identify the downtown parking supply and to direct
vehicles to underutilized areas.
Metro Gold Line Foothill Extension Station Parking Conceptual Design — Ms. La Point
served as the Project Manager for this study to prepare conceptual parking facility designs
for Phase II of the Gold Line Foothill Extension (from Arcadia to Azusa). She prepared
layouts for surface parking lots and multi -story parking garages at five station sites, and
managed a team of engineers that provided site civil, drainage, structural analysis and cost
estimating studies.
Montclair Parking Analysis — Ms. La Point prepared a parking analysis report for the City
of Montclair as part of the Southern California Association of Governments (SCAG) 2%
growth Visioning Project. The report included a summary of the existing land uses and
parking supply in the vicinity of the Montclair Metrolink station, the future conditions
assumed in the North Montclair Speck Plan, an assessment of the anticipated residential
and retail parking demand, recommendations for locations of parking facilities, parking
structure construction cost estimates, and funding and financing options.
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Profile
DYLAN F. JONES, MAIBC NCARB
EDUCATION
Associate / Architect / Urban Designer
M.Arch. (Architecture), University of
British Columbia, Vancouver, BC, 2001
Mr. Jones has specialized experience in design and project management of large and
complex projects, including publicly funded transportation projects, and privately funded
Career Discovery (Architecture)
transportation related mixed -use projects of varying types and densities. Mr. Jones has a
Harvard University, Cambridge, MA,
1996
particular interest in the relationship between complex urban transit networks and
contemporary urban development trends. Mr. Jones has a unique ability to break down the
B.A. (Economics) Washington State
challenging tasks associated with such projects into a productive and intelligible course of
University, WA, 1993
action, a skill that has proven invaluable on many successful projects.
EXPERIENCE
Representative Experience
2007 -to date
IBI Group, Irvine, CA,
Santa Ana Regional Transportation Center (SARTC) Master Plan - Santa Ana,
Architecture /Urban Design
California - Provided project management support and design guidance for the
development of a long range phased master plan for SARTC. Considerations included the
2006.2007
feasibility of retaining the existing station facility, potential designs for new facilities, detailed
KTGY Group Inc., Irvine, CA,
transportation planning, forecasting and urban design issues as relating to on -going
Architecture
neighbourhood development projects and concerns.
2005.2006
Canoga Connect TOD Planning & Urban Design Study - Canoga Park, California -
Stantec Architecture Ltd., Vancouver,
Project manager and design lead in the creation of a TOD overlay vision for the Canoga
BC, Architecture /Urban Design
Park Orange Line BRT station area. Issues of connectivity, density, land use, traffic, and
2002-2005
economic feasibility are all being carefully studied in an interactive design process that
includes key agency and local neighbourhood stakeholders. Project received an LA APA
Hancock, Bruckner, E &Wright
Architects Now part I BI Group),
award for best practice in June 2011.
Vancouver, , BC, Architecture/Urban
Design
Metro Gold Line Foothill Extension Corridor Development Assessment Study
Tarzana Crossing TOD Planning & Urban Design Study - San Gabriel Valley,
2001-2004
California - The Metro Gold Line Authority retained IBI Group to extensively evaluate
Studio North Design, Vancouver, BC,
transit oriented development potential and develop a market study for the proposed 16 -mile
Product Design & Manufacturing
extension of the Metro Gold Line. Currently providing strategic direction and project
management support for the development of a corridor TOD approach that allows for
2000
multiple differentiated city based development implementation plans.
Roger Hughes & Partners Architects,
Vancouver, BC, Architecture
Tarzana Crossing - Tarzana, California - Project manager and design lead in the
production of Development Prototypes for the Tarzana Orange Line BRT Station area. The
1996.2000
project team analysed new forms of TOD that are compatible with current economic
The Cascade Joinery, Bellingham, WA,
conditions and sustainable principles, most notably by testing new forms of TOD overlaid on
Specialized Timber Construction
existing industrial land uses.
AWARDS
Oakridge Center TOD - Vancouver, British Columbia - Mr. Jones provided design and
LA APA Award - Best Practice
technical support during the production of the Oakridge Center Policy Report which created
Canoga Connect TOD
the foundation for the planned future development at Oakridge Center, an important
regional retail center in Vancouver B.0 located along the Canada Line LRT. The proposed
MEMBERSHIPS
development includes the transformation of a suburban shopping mall into an urban mixed-
Architectural Institute of British
use transit oriented development (TOD) which will include the addition of a transit station,
Columbia, Member
1.2 million sq.ft. of residential condominiums and assisted housing, and 1 million sq.ft. retail
and public amenity.
National Council of Architectural
Registration Boards
Anaheim Canyon Station -Anaheim, California - Provided strategic site design planning
American Planning Association
support as part of a study effort to prepare a Transit Master Plan for improvements at
Anaheim Station.
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COLLEEN HSIEH
Profile
Transportation Planner
EDUCATION
B.A. (Environmental Analysis and
Ms. Hsieh is a Transportation Planner at IBI Group with over four years of experience in
Design), University of California, Irvine,
transportation planning and traffic engineering. Ms. Hsieh has performed route planning,
2007
corridor analysis, and needs assessment for transportation projects in California. Her
experience in transportation planning includes traffic impact and parking studies for a
EXPERIENCE
variety of development projects and land uses. Ms. Hsieh has an extensive understanding
2007 - to date
of parking standards, best practices, policy, and management strategies through the
IBI Group, Irvine, CA, Transportation
various parking studies she has worked on, ranging from regional multi -modal
Planner
transportation studies, transit station master plan studies, and transit - oriented development
(TOD) studies.
Representative Experience
Metrolink Station Parking Management Study (2009 -2011) - The Metrolink Station
Parking Management Study is a comprehensive study of parking management strategies at
11 Metrolink stations in Orange County. Commissioned by OCTA, IBI Group is leading the
effort in identifying parking management strategies for the planned Metrolink service
expansion program. The study involves profiling at each station, public outreach surveys,
compilation of national and regional case studies, and coordination with each station city.
Ms. Hsieh researched and prepared case studies of best practices in Southern California
and North America, conducted an inventory of parking supply and utilization at each
Metrolink stations, and developed recommendations for the near and long -term range.
Downtown Garden Grove Parking Utilization Study (2010 -2011) - Ms. Hsieh prepared a
parking utilization study for downtown Garden Grove. Downtown Garden Grove is centered
around Main Street, and is served by nine parking lots. Main Street is a historic area in the
City of Garden Grove with a mixture of retail, commercial, and residential uses. The
purpose of the study was to determine whether sufficient parking spaces in the immediate
area were available to meet the parking demand of the Main Street area. Ms. Hsieh
determined accumulation, occupancy, peak demand, and turnover for data collected in
parking surveys at the nine study area parking lots.
Santa Ana Regional Transportation Center Master Plan (2010) - On behalf of the City of
Santa Ana, IBI Group is developing a station master plan for the Santa Ana Regional
Transportation Center. The purpose of the study is develop and identify concepts to update
SARTC to better connect with the surrounding community and handle the significant
increase in passenger levels and transportation modes that will access the station in the
next 30 years. Ms. Hsieh is assisting in the parking demand analysis effort for this study by
reviewing existing parking standards and rates, quantifying future parking demand for the
station based on potential land use development, and identifying strategies for either
accommodating this demand with additional parking or developing parking management
strategies to help reduce future demand.
Anaheim Canyon Metrolink Station Project Study Report (2009) - Ms. Hsieh prepared a
parking demand study for the proposed expansion of the Anaheim Canyon Metrolink
station. Parking demand at the station is currently exceeding available supply and the spill-
over parking demand is impacting an adjacent office development. As the station is
improved and commuter rail service expanded at the station, parking demand is forecast to
further increase. The parking demand study identifies the potential future demand for
parking at the station and identifies potential alternatives to provide sufficient parking for
each project phase, during construction, and at project completion.
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NO. 12 -043
Parking Management Plan at the
Santa Ana Regional Transportation Center
TT Submitted to City of Santa Ana
IB1 by IBI Group
GROUP
June 11, 2011
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Implementing parking pricing at the Santa Ana Regional
Transportation Center (SARTC) will require careful examination of
existing user patterns, parking demand, enforcement, and potential
inputs to surrounding neighborhoods. IBI Group is well positioned
to provide the City with this assignment given our previous work
with the City and OCTA at SARTC. The solutions and strategies
developed for this study must be the result of a collaborative
process that involves city staff, station tenants, and station patrons.
The objective is to develop a workable solution that has the support
of daily users, tenants, and visitors. Our proposed approach to assisting the City of Santa Ana considers these
parameters and outlines an achievable process that maximizes the technical expertise and local understanding
of the consultant team with the input provided by city staff.
PROJECT UNDERSTANDING
The SARTC is strategically located in central Orange County, and is
served by Amtrak's Pacific Surfliner and Metrolink's Orange County
and Inland Empire- Orange County commuter rail lines. SARTC
serves as a hub for the Orange County Transportation Authority
(OCTA) bus system, includes a Greyhound station, and is a terminal
for several Mexican intercity buses. SARTC is proposed to undergo
growth and various improvements over the next few years, and
is positioned to continue to be one of Orange County's busiest
transportation centers. Daily ridership is forecast to increase at the
station, along with demand for parking. To meet forecast demand,
the City constructed a four -level parking structure in addition to the two surface parking lots. The City would
now like to look at implementing a pricing structure at the station to help offset the costs associated with
operating the structure and to continue providing improved parking services and maintenance at the station.
IBI Group understands the importance of developing a Parking
Management Plan that meets the needs of the City, station tenants,
and station patrons. As the prime consultant on the SARTC Master
Plan and the OCTA Metrolink Station Parking Management Plan,
we have been very much involved in the developments at SARTC
and can provide the City with unparalleled resources and technical
expertise to complete this study in a timely manner. This Parking
Management Plan will not only layout a plan to implement a pricing
structure at SARTC, but also accommodate the goals outlined in the City's Transit Vision, benefit and serve
transit users and station tenants, and support sustainable development and growth at the station.
City of Santa Ana
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Santa Ana's Transit Vision
The goal of Santa Ana's Transit Vision is to serve residents, workers,
local businesses, and the transit - dependent with the dual goals of
improving mobility and strengthening connections to surrounding
communities and cities. As part of this goal, the City has undertaken
various studies to improve transit at the station. SARTC is proposed
to undergo growth and various improvements over the next few
years, including the Santa Ana Boulevard Grade Separation, the
Santa Ana - Garden Grove Fixed Guideway Project, and proposed
improvements in the SARTC Master Plan. The developments from
the Transit Zoning Code and the Station District Plan will also have impacts on developments at the SARTC.
The SARTC is a distinct landmark in Orange County, and IBI Group will ensure the Parking Management Plan
addresses the City's Transit Vision goals while preserving the historical aspects of the station.
Serving Transit Users
As a major transportation hub, it is important that SARTC provides
an attractive and safe environment for all users, including commuter
rail, bus transit, or streetcar patrons. Understanding the needs of
these users is critical for developing a plan and maintaining a facility
that accommodates user needs and provides a welcoming and
engaging environment. Providing amenities such as cafes, retail, and
security are all potential strategies that can be incorporated as part
of a pricing structure, while improving conditions at the station and
enhancing the users' experience. The Parking Management Plan
will provide recommendations to ensure the station is professionally managed and maintained to accommodate
user and community needs.
High Quality Service
SARTC serves transit users as well as transit providers, including Metrolink, OCTA, intercity and interstate bus
transportation, and airport and taxi services. SARTC also provides office space and rooms available for lease
by tenants. The station is currently home to the Santa Ana WORK Center, the City of Santa Ana, and the
State EDD, with potential additions in the future. In addition to transit users, employees and tenant customers
also use SARTC on a daily basis, and may have different needs and parking patterns from transit users. The
transit providers and tenants at SARTC are an integral part of the station and maintaining positive relationship is
important to the development of the station. The Parking Management Plan will incorporate input from tenants
to ensure the strategies recommended benefit all users.
Sustainability
With forecast population growth and increased ridership, it is essential that future development address
sustainability issues and provide for sustainable growth. The goals and visions outlined in the SARTC Master
Plan call for a sustainable transportation facility with low maintenance costs. The recommendations in the
Parking Management Plan should take into consideration programs and activities that are aligned with the goals
of the SARTC Master Plan and promote sustainability and encourage alternative commuting options to help
manage parking demand. IBI Group is at the forefront of promoting sustainability through our work on transit -
oriented developments and can provide the City with creative strategies and programs to implement at SARTC.
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METHODOLOGY
TASK 1: PROJECT MANAGEMENT
Objective: To provide effective management of the project
throughout the two -month schedule and actively work with the City
of Santa Ana to develop a successful end product for this work effort.
Key Issues: This project will involve developing a comprehensive
parking plan for the SARTC within a two -month period, and will
include numerous stakeholders and interested parties, including
various city departments, residents, property owners, and business
owners within and surrounding the SARTC. Each stakeholder will
have unique interests and opinions regarding the opportunities and constraints that exist related to parking.
Balancing the inputs, concerns, and perspectives of these various groups will be essential to ensuring that the
project progresses in the timely matter and that the primary project goals are achieved.
Approach: The project management effort involves ongoing coordination between the consultant and
City staff to ensure that the project proceeds on schedule and that project work efforts and deliverables are
completed on -time and up to the quality expected by the client.
To help ensure appropriate tracking and monitoring of the project work effort and schedule, we propose to
conduct bi- weekly progress conference calls or meetings that would involve at a minimum IBI's Project Manager
and the City's Project Manager. These meetings would be an opportunity to discuss upcoming action items,
current deliverables, and planned meetings with stakeholders and the community. Prior to each meeting, IBI
Group will prepare an update to the project schedule and maintain and update a project action items list that
documents the current work efforts, anticipated completion dates, and next steps.
(deliverables:
• Bi- Weekly Project Update Conference Calls /Meetings
• Monthly Invoicing and Progress Reports
TASK 2. REVIEW EXISTING FACILITY AND OPERATIONS
Objective: To review existing relevant documents, plans, and studies provided by the City and understand
existing parking conditions and facility operations at the SARTC.
Key Issues: Understanding the existing parking conditions and operations at SARTC, including planned
improvements proposed in other studies will be critical in developing a comprehensive parking plan that meets
the needs of all users, tenants, and the City. The parking studies that have been conducted at SARTC are fairly
recent, however, detailed data related to existing parking demand and utilization patterns is important as well to
quantify the potential and actual impacts of parking and provide input into the development of recommendations
for parking pricing strategies.
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Approach: Numerous studies have been conducted related
to SARTC and the surrounding area. Each of these studies has
a different focus, but ultimately the goal of improving mobility
and enhancing the transit experience with SARTC serving as the
anchoring point. IBI Group will review all existing documents and
summarize the major points of each study, how they relate, and
how they may impact future implementation of a parking plan. IBI
Group has a thorough understanding of SARTC from a parking
perspective and from a facility operations perspective, and will be
able to complete this task quickly and efficiently.
A parking occupancy survey was conducted in 2010 as part of the SARTC Master Plan; however, the City
may choose to conduct updated parking occupancy or utilization surveys on one weekday and one weekend
day during the morning, mid -day, and evening peak period to better understand current parking patterns and
utilization. IBI Group will also conduct a field review of the facility to observe parking conditions and utilization.
An existing conditions technical memorandum will be prepared based on the counts. IBI Group will work with
OCTA to develop new forecast parking conditions at the SARTC. Our involvement in data collection efforts
in a variety of municipalities and projects gives our staff a solid understanding of the potential challenges and
limitations associated with the data collection effort.
Deliverables:
• Summary of Related Documents Technical Memorandum
• Parking Utilization Counts
• Existing and Future Conditions Technical Memorandum
TASK 3: SURVEYS AND OUTREACH
Objective: To obtain input and discuss parking pricing
opportunities, issues, and constraints with the community and
better understand what strategies and solutions could lead to
addressing the implementation of an effective pricing structure.
Key Issues:: The primary issue associated with this task is
determining the most appropriate methodology or group of
methodologies for surveying existing station users and tenants
for their opinions on parking charges and a pricing structure at
SARTC; and completing the surveys within the schedule timeframe.
methodologies we have successfully employed previously for conducting surveys.
Our approach outlines several potential
Approach: Given the timeframe of this study, IBI Group proposes to employ a variety of survey and outreach
tactics in order to receive a sufficient number of responses and to help ensure that the feedback reflects a
reasonable cross - section of station users and tenants.
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User Surveys
IBI Group proposes to employ two survey methods to obtain feedback from station users:
• Car -Drop Surveys — The first method would utilize car -drop surveys to obtain feedback from users of the
parking spaces at SARTC. The surveys would be left on car windows and could be collected through a
mail -back process with surveys printed on postage -paid cards or a drop -box could be provided at the
parking structure entrance and exit for patrons to drop off.
• Online Surveys — To supplement the car -drop surveys, IBI Group will create an online survey where station
users would be directed to complete a web -based survey. Users would be informed of the survey through
signage or leaflets at the station. Access to the survey will also be provided through the City's website.
Focus Group Roundtable
Our second element would be focused on obtaining input from the tenants at SARTC. This can be accomplished
by surveys or a tenant workshop or roundtable where tenants at the SARTC would be invited and consulted to
provide their thoughts on parking conditions and needs in the Downtown. This could be a breakfast meeting
where tenants could participate in the morning prior to operating business hours. The meeting would be
conducted at SARTC and would involve focused discussions the issues and concerns of implementing a pricing
structure. We would coordinate this meeting with the City as appropriate to insure adequate turnout.
Deliverablos:
• User Survey and Summary of Results
• Business Survey and Summary of Results
• Business Roundtable Session and Summary of Results
TASK 4: PARKING ANALYSIS AND EVALUATION
Objective: To identify a list of potential parking management strategies and solutions based on: 1)data
collected in Tasks 2 and 3; 2)forecast parking demand; and 3) IBI Group's experience and expertise with the
development of parking management plans.
Key Issues: The information obtained through the data review effort and parking surveys will assist in
establishing existing and future opportunities and constraints related to parking conditions at the SARTC. This
information will be used by IBI Group to develop a long list of strategies designed to address the priority issues
identified by the City and issues that emerge from the data review and survey efforts.
Approach: This task will identify and evaluate the performance and acceptability of potential parking
strategies intended to address the issues and opportunities that have emerged from the data and survey
information collected in Tasks 2 and 3. IBI Group will apply our knowledge of parking management strategies
and the implementation of these strategies in a variety of communities and settings.
This task will include several components, including an evaluation of different parking pricing strategies, the
methods for implementing the pricing strategies, enforcement of the proposed strategies, recommendations for
improved signage and parking availability and pricing information, and the impact of the parking management
plan to adjacent on- street parking.
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Parking Pricing Strategies
There are several options for implementing a pricing structure at the SARTC, including overnight parking
fees, reserved parking fees, monthly permits, etc. The OCTA Metrolink Station Parking Management Plan
identifies a few options for the near -term (1 -5 years) and long -term (over 5 years). IBI Group will build on the
recommendations from our OCTA report and incorporate additional strategies that may emerge from the
data collection effort and discussions with City staff. IBI Group will evaluate the proposed strategies, for its
effectiveness and ability to meet the needs of the various types of facility users. IBI Group will identify the
strategies that are suitable for the short -term (1 -5 years) and long -term (over 5 years) timeframe.
Parking Payment Method and Technology
Several methods and technologies for the collection of parking payments have been employed at various transit
stations across the nation. These payment collection methods include the more traditional operators stationed
at the structure and advanced payment systems that utilized pay -by- phone, smart cards, in- vehicle meters,
and e- parking. An assessment of each type of system will be conducted to see which method best serves the
station and the City. Some stations with a pricing structure process the payments through City Hall, while some
contract the service to a vendor. IBI Group will provide the City of Santa Ana an evaluation of the pros and cons
of each method.
Parking Enforcement
Parking control enforcement is an important element to consider when implementing a pricing structure. Most
stations with a pricing structure have some type of enforcement plan to ensure that patrons are utilizing the
spaces correctly. Parking at the SARTC is provided on two - surface lots and a four -level parking structure; and
would benefit from some type of parking control enforcement. Based on the proposed parking strategies, IBI
Group will identify the level of parking enforcement needed.
User Information, Outreach, and Signage
Advances in parking technology have made it possible to implement real -time signage and parking availability at
a reasonable cost. User information, outreach, and signage have been shown to improve user experience and
reduce the time it takes to find a parking space. With the implementation of a pricing structure, users will need
to be informed of the new parking rates and where best to park based on their needs. IBI Group will assess the
types of user information, outreach, and signage based on the input received from Tasks 3 and provide the City
with a list of options that incorporate associated costs to implement.
Impacts of Parking Management Plan
Studies have shown that the initial implementation of a pricing structure may meet opposition, especially if
parking is currently free. The implementation of a pricing structure may have impacts on property located
adjacent to the station as a result of spillover parking. The area surrounding the station currently provides
public and residential on- street parking that will need to be analyzed for impacts from potential spillover parking.
Parking spillover can be managed, but requires additional management and policies such as parking permits
and time limits. IBI Group will analyze and evaluate strategies to address any potential spillover parking.
Deliverables:
• Technical Memorandum summarizing the analysis and evaluation of parking strategies at SARTC
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center IBI Group 6.11.12 18
25E -40
i
TASK 5: RECOMMENDATIONS & FINAL REPORT
Objective: To clearly define the recommendations of the study effort and provide the City of Santa Ana with a
detailed and achievable action plan for the implementation of specific parking strategies.
Key issues;: This parking plan is being conducted to develop strategies and solutions that help to address
the implementation of a parking pricing structure at SARTC. The recommendations must consider the pros
and cons of each strategy, particularly the potential effect on transit users, providers, and station tenants.
The recommendations must be aligned with the City's Transit Vision and provide for sustainable growth.
Recommendations must also be implementable by the City of Santa Ana, either in the near -term or long -term
time frame, factoring in costs, resources, and public acceptance.
Approach: IBI Group will develop a phased implementation program for the parking strategy
recommendations to enable the City of Santa Ana to have a parking management "game plan" for addressing
various pricing strategies in the near -term and long -term timeframe. The recommendations should also identify
measurements and thresholds that would allow the city to monitor parking conditions and take action if and
when conditions indicate the need to apply new strategies.
The recommendations and results of this study will then be documented within a final report. IBI Group will
prepare a draft version of this report for review by City staff. Following receipt of comments, IBI Group will
prepare a final version of the report. We have also budgeted for participation in two final presentations to the
City Council to present the recommendations and final report for approval.
Deliver- abies:
• Draft and Final versions of the Parking Management Plan Report
• Attendance at up to two presentations of the Final Report
City of Santa Ana
N0. 12 -043 Parking Management Plan at the Santa Ana Regional Transportation Center IBI Group 6.11.12 19
25E -41
25E -42
NO. 12 -043
Parking Management Plan at the
Santa Ana Regional Transportation Center
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NO. 12 -043
Parking Management Plan at the
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CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Rates/Cost Proposal — I understanding that compensation shall be based on billing rates included in the
proposal with an amount "not to exceed" for the agreement Fee must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel.
IBI Group 949- 833 -5588: phone / 949- 833 -5511: fax
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
18401 Von Karman Avenue, Suite 110, Irvine, CA 92612
BUSINESS ADDRESS
Operating Director
IT TITLE
06/07/12
DATE
95- 3268721 N/A
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
agement Plan RFP No. 12-043
Page 19
25E -49
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EXHIBIT C
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
REFERENCES
List and describe fully the contracts performed by your firm in the past five (5) years which demonstrate your
ability to provide the supplies, equipment or services included in the scope of the proposal specifications.
Attach additional pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference
Customer Name:Orange County Transportation Authority Contact Individual: Megan Taylor
Address: 550 S. Main Street Phone Number: 714- 560 -5601
Orange, CA 92863
Contract Amount: $280,000
Description of supplies, equipment, or services provided:
Facsimile Number: 714- 560 -5983
Year: 2010
Prepared parking management plan for 11 Metrolink stations in Orange County
Reference
Customer Name: City of Santa Ana
Address: 20 Civic Center Plaza
Santa Ana, CA 92701
Contract Amount: $1.4M
Contact Individual: David Biandolillo
Phone Number: 714 -647 -5603
Facsimile Number: 714- 973 -1462
Year: 2011
Description of supplies, equipment, or services provided:
Developed Master Plan for Santa Ana Regional Transportation Center ( SARTC)
Reference
Customer Name: City of Santa Ana Contact Individual: Melanie McCann
Address: 20 Civic Center Plaza
Santa Ana, CA 92701
Contract Amount: $500,000
Description of supplies, equipment, or services provided:
Updating Circulation Element for the City.
Phone Number: 714 -667 -2746
Facsimile Number: 714- 973 -1461
Year: 2012
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
SARTC Parking Mppe�n RFP No. 12 -043
EXHIBIT C
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
REFERENCES
List and describe fully the contracts performed by your firm in the past five (5) years which demonstrate your
ability to provide the supplies, equipment or services included in the scope of the proposal specifications.
Attach additional pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference
Metro Gold Line Foothill Extension Construction Authority
Customer Name: Contact Individual: Reky Hiramoto
Address: 406 E. Huntington Drive, Suite 202 Phone Number: 626 -471 -9050
Monrovia, CA 91016 Facsimile Number: 626 -471 -9049
Contract Amount: $220,000
Description of supplies, equipment, or services provided:
Year: 2011
Conceptual design of park- and -ride facilities for Phase 2A stations between Arcadia and Azusa
Reference
Customer Name: City of Anaheim
Address: 200 S. Anaheim Boulevard
anaheim, CA 92805
Contract Amount: $87,500
Contact Individual: Joann Wu
Phone Number: 714- 765 -5157
Facsimile Number: 714- 765 -5225
Year: 2009
Description of supplies, equipment, or services provided:
Prepared parking study of Anaheim Canyon Metrolink Stations as part of a larger Project Study Report
Reference
Customer Name: Contact Individual:
Address:
Contract Amount:
Description of supplies, equipment, or services provided:
Phone Number:
Facsimile Number:
Year:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
SARTC Parking M n RFP No. 12 -043
EXHIBIT D
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted
by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City
only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and
official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly
authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its
execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United
States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City
all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and
City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by City because of the failure to fumish the necessary bonds and because it is distinctly
agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check
drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the
agreement will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required
insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of
this RFP.
Firm
Signs
Title Operating Director
Date 06/07/12
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE,
12-043
Page 21
25E -53
EXHIBIT E
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:
The contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
3. The contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor shall famish all information and reports required by Executive Order 11246 of September 24,
1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or
in part and the contractor may be declared ineligible for further government contracts or federally assisted
consbuction/services contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the
provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened
with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the
contractor may request that the United States enter into such litigation to protect the interests of the United
States.
Page 22
25E -54
8. Pursuant to Califomia Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
no discrimination shall be made in the employment of persons because of race, religious creed, color
national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except
as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed
for a violation of the chapter.
Frrn IBI Grou
Signed and Printed Name Alistair Baillie
Toe Operating Director
Date 06 -07/12
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE
Page 23
25E -55
EXHIBIT F
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that
the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham
proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or
anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal
price, or of that of any other proposer, or to secure any advantage against the public body awarding the
contract of anyone interested in the proposed contract; that all statements contained in the proposal are true;
and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham proposal.
Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion
thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a
false certification may subject the certifier to criminal prosecution.
Sig
State of California, County of Ora ji14 e'
^DeCJ}v►n J"k�Ir�SO H, o r�i ✓bi i L
Subscribed and sworn to (or affirmed) before me on this -7t day of S mot- 201 ;t by
ti 6 fiat ✓ 13a: i fit -c. , proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Notary Public Signaturel
DEE ANN JACKSON
Commission # 1892090
Notary Public - Cellfornia
Oran" County M
My Comm. Expires Jul 5, 2014
Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
SARTC Parking Management Plan RFP No. 12 -043
Page 24
25E -56
EXHIBIT G
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR
PARKING MANAGEMENT PLAN CONSULTING SERVICES
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company HUB International, XL Specialty Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy # To Be Determined
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701; its officers, employees,
agents, volunteers 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 named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of liability. The inclusion of any person or organization as an insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be 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 To Be Determined , this endorsement form as a part of
Policy # To Be Determined
Issued to
Countersi
Authorized Representative
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE
Page 25
25E -57
IBI Group is a multi - disciplinary consulting organization
offering services in four areas of practice:
Urban Land, Facilities, Transportation and Systems.
We provide services from offices located strategically across the
United States, Canada, Europe, the Middle East and Asia.
18401 Von Karman Avenue, Suite 110. Irvine, CA 92612
Tel (949) 833 -5588 Fax (949) 833 -5511
25E -58
IBI
GROUP
www.ibigroup.com
Interview Clarification and Follow -Up
Parking Management Plan RFP No. 12 -043
Firm: IBI Group
In addition to other minimum requirements, the scope of work included in this RFP
stipulates that the selected firm is to develop and provide a site specific parking
management implementation plan, including costs, projected revenues, key steps and
timeframes. Please submit an addendum to your proposal responding to the following
items:
During the interview, you recommended a three (3) month time period to
accomplish the full project and tasks necessary. Please confirm that the
additional timeframe will not impact your cost proposal.
• Response: This is confirmed. The three (3) month time period assumes the City
is ready to move forward with implementing a parking pricing strategy, and that
the project process does not require extensive community outreach. Our price
proposal assumes a 3 month timeframe with that understanding.
Per your proposal, page 16, you state that "the City may choose to conduct
updated parking occupancy or utilization surveys on one weekday and one
weekend day during the morning, mid -day and evening peak period to better
understand current parking patterns and utilization." Please clarify if these
surveys are included in your scope of work.
Response: Yes, our cost proposal includes the cost of conducting the surveys in
the Overhead Direct Costs line item. If however the surveys are not needed, we
can reallocate the fee to other tasks or deduct that amount from the budget.
• The scope of work may require one (1) community meeting and one (1)
additional presentation in front of the City Council. These two tasks are in
addition to those included in your proposal. Please indicate the staff, hours, and
fees associated with these two (2) tasks should they be included in the final
agreement.
• Response: Please see attached revised budget
■ One (1) presentation to City Council — $750
25E -59
■ One (1) community meeting — $2,048 — However, please note our
response below identifying that the community meeting could be
conducted in place of the user survey for no additional cost beyond
our original budget.
• Based on our interview discussion, please outline any additional tasks and
deliverables not included in your initial proposal which your firm believes may
enhance the results or usefulness of the parking plan. Please indicate the staff,
hours, and fees associated with these tasks /deliverables should they be included
in the final agreement.
• Response: Based on our discussions in the interview, IBI Group understands
that the city is looking for a specific parking pricing strategy and implementation
action plan that can be put into effect immediately at SARTC. We believe
additional tasks that will achieve the City's goals should include:
■ Task 3 — Surveys and Outreach
Based on the feedback from the interview, it may be more
appropriate to conduct a user workshop instead of the user
surveys. The user workshop will focus on obtaining input on how to
make the system more user - friendly and educating the public about
the new pricing system.
■ Task 4 — Parking Analysis and Evaluation
IBI Group will develop a list of parking pricing strategies for the
various parking locations and types of users to review with City staff
early on in the study process. Working with City staff, we will
identify 4 -6 strategies for evaluation and analysis. The evaluation
and analysis will identify the appropriate pricing strategies for each
parking location (surface vs. structure) and user type (Metrolink vs.
Amtrak vs. employees), how much to charge, when to charge, how
to charge and the necessary enforcement requirements. It is
important to note that pricing will be as much dependent on city
policy as much as other factors. For this reason, we will work with
staff early in the process to identify steps to vet the policy issues
and receive approval for the ultimate plan. This task will also
include a financial analysis summarizing the revenue each pricing
strategy will generate. IBI Group will also work with City staff to
identify appropriate vendors or payment mechanisms as needed.
25E -60
■ Task 5 — Recommendations and Final Report
Based on the selected goals and policies established in Task 4, IBI
Group will help develop a systematic implementation plan for the
conversion of the parking at SARTC to paid system. Information
will be documented in the final report and presented to City Council
as outlined in the revised proposal.
As part of the attached proposed scope and budget, we can also
work with staff to determine the interest and explore options with
alternative uses of parking spaces to generate revenue to cover
operating costs. This may include programming options such a
farmers market or a gathering point for food trucks, among others,
as a potential source of revenue.
25E -61
25E -62
EXHIBIT B TO THE AGREEMENT
FEE SCHEDULE
25E -63
25E -64
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25E -65
25E -66
REQUEST FOR COUNCIL/
HOUSING AUTHORITY
ACTION
MEETING DATE:
AUGUST 6, 2012
TITLE:
PUBLIC HEARING — MORTGAGE REVENUE BOND
INDUCEMENT AND TEFRA ON ISSUANCE OF TAX -
EXEMPT BONDS WITH WASHINGTON PLACE
MANAGEMENT, LLC
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1st Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
i
tAk t� G , A41 � � FILE NUMBER
CITY MANAGER EXECUTIfJ DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
Hold a TEFRA (Tax Equity and Financial Responsibility Act) Hearing in consideration of the
issuance of multi - family housing revenue bonds by the Housing Authority of the City of
Santa Ana for the purpose of financing the acquisition and rehabilitation of 1401 N.
Flower Street by Washington Place Management, LLC.
2. Adopt a resolution approving the issuance of tax - exempt bonds for the project.
HOUSING AUTHORITY ACTION
Adopt a resolution relating to the issuance of bonds for the purpose of financing the acquisition and
rehabilitation of multifamily rental housing located at 1401 N. Flower Street.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At its regular meeting on July 17, 2012, by a vote of 5:0 (Wooten and Reyes absent), the
Community Redevelopment and Housing Commission adopted a resolution recommending
approval of the issuance of multifamily housing revenue bonds by the Housing Authority of the City
of Santa Ana for the purpose of financing the acquisition and rehabilitation of multifamily rental
housing.
PH — Mortgage Revenue Bond Inducement
and TEFRA
August 6, 2012
Page 2
DISCUSSION
Vitus Group, a for - profit affordable housing developer, is under contract to acquire and rehabilitate
Wycliffe Plaza which is located at 1401 N. Flower Street (Exhibit 1). The developer will be forming
a corporation which will be called Washington Place Management, LLC for the purpose of owning
and operating this project. Wycliffe Plaza is a senior multifamily project that contains 200 one -
bedroom units. The project currently has a Department of Housing and Urban Development (HUD)
Section 8 and Section 236 contract which provides for 140 project -based rental assistance units.
The tenants that are residing in the project -based units pay 30% of their income toward rent. The
remaining 60 units are rent restricted but the tenant must pay the entire rent without any subsidy
from the project.
The Vitus Group has developed and owns more than 70 projects in 13 states, with 15 of those
projects located in California. They have successfully acquired and rehabilitated over 6,000
subsidized senior units.
The developer is proposing to acquire and rehabilitate the project by utilizing tax - exempt bonds
and low income housing tax credits. The current affordability restrictions are due to expire in 2017.
By virtue of the proposed funding, the affordability will be extended for 55 years. Of the 200 units,
59 units will be designated for very low- income and 140 units for low income households. One unit
will be set aside for an onsite manager.
All cost to acquire, rehabilitate and provide for the level of affordability for this project will be funded
solely through the issuance of bonds and tax credit allocation. The project will undergo an
extensive rehabilitation to address deferred maintenance, improve the physical condition of the
property, and address long -term capital needs. Existing tenants will not be displaced during the
rehabilitation, although may be temporarily relocated to a hotel or a renovated vacant unit should
the need arise. The acquisition of the property is planned for December 2012 and the
rehabilitation is anticipated to commence in February 2013 and be completed in June 2013.
In order for the Housing Authority to apply for a bond allocation from the California Debt Limitation
Allocation Committee on behalf of the developer, the Housing Authority must adopt an Inducement
resolution relating to the bonds. The Inducement resolution confirms the Housing Authority's intent
to issue the bonds and identifies the time at which costs expended on the project qualify for the
financing with the tax - exempt bonds. The bonds are considered "conduit" obligations. This means
that although the Housing Authority will issue the bonds, the owner is actually the borrower and
has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash
flow. There is no recourse to the Housing Authority or the City of Santa Ana.
Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax
Equity and Fiscal Responsibility Act ( TEFRA). The public hearing is to solicit comments on the
project and the issuance of bonds. Holding the TEFRA is also a precondition to applying for the
x:11
PH — Mortgage Revenue Bond Inducement
and TEFRA
August 6, 2012
Page 3
bond allocation. On July 23 and July 30, 2012, public hearing notification was published in the
Orange County Register. In addition, Orrick, Herrington & Sutcliffe, LLP will serve as bond counsel
and CSG Advisors, Inc. will serve as financial consultant for the Housing Authority. Their fees will
be paid by the developer.
The acquisition and rehabilitation of this property will assist the City to meet their affordable
housing goals as identified in the Consolidated Plan, and Housing Element. It will also ensure that
the project, which is at risk of being removed from the City's affordable housing stock, will be
maintained.
FISCAL IMPACT
The issuer fees generated from the issuance will be deposited into the issuer fee account (Account
#13318002).
elly L y dry-Bayle
Housing Division Manager
Community Development Agency
NTE /SLB /kg
Exhibits: 1. Map
2. Resolutions
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
�;117'Asa
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Exhibit 1
Map of 1401 N. Flower and Vicinity
15TH ST
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WILLARD
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WASHINGTON AV
�96117m
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA
FOR THE PURPOSE OF FINANCING THE ACQUISITION AND
REHABILITATION OF MULTIFAMILY RENTAL HOUSING
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 Housing Authority of the City of Santa Ana (the "Authority ") is
authorized by Chapter 1 of Part 2 of Division 24 (commencing with Section 34200) of
the Health and Safety Code of the State of California (the "Law "), to issue and sell
revenue bonds for the purpose of financing the acquisition, construction, rehabilitation
and development of multifamily rental housing for families and individuals of low and
very low income.
B. Washington Place Partners, LP, a California limited partnership, or such
other limited partnership or a limited liability company to be formed by Vitus
Development, LLC, has requested the Authority to issue and sell revenue obligations in
an expected principal amount of $30,000,000 (the "Obligations ") pursuant to the
procedures specified in the Law for the purpose of providing financing for the
acquisition and rehabilitation of a 200 -units of multifamily rental housing facility located
at 1401 N. Flower Street in the City of Santa Ana, California (the "Project "), and located
within the area of operation of the Authority.
C. The Bonds will be considered to be "qualified exempt facility bonds" under
Section 142 (a) of the Internal Revenue Code of 1986, as amended (the "Code "), and
Section 147(f) of the Code requires that the "applicable elected representatives" with
respect to the Authority hold a public hearing with respect to the issuance of the Bonds.
D. The Authority has determined that the City Council of the City of Santa
Ana is the "applicable elected representatives" to hold said public hearing.
E. Notice of said public hearing has been duly given as required by the
Code, and this City Council has heretofore held such public hearing at which all
interested persons were given an opportunity to be heard on all matters relative to the
financing and operation of the Project and the Authority's issuance of the Obligations
therefore.
F. The Project is located wholly within the geographic jurisdiction of the City.
EXHIBIT 2 QO w _7
G. The City Council of the City of Santa Ana, as the "applicable elected
representative" of the Authority, approves of the issuance of the Obligations as in the
public interests of the Authority.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 2. The City Council hereby finds and determines that the foregoing
recitals are true and correct.
Section 3. Pursuant to the Code, the City Council hereby approves the
issuance of the Obligations by the Authority to finance the Project. It is the purpose and
intent of this City Council that this resolution constitutes approval of the issuance of the
Obligations by the applicable elected representative of the governmental unit having
jurisdiction over the area in which the Project is located, in accordance with the Code.
Section 4. The issuance of the Obligations shall be subject to approval by the
Authority of all financing documents relating thereto to which the Authority is a party and
subject to the sale of the Bonds by the Authority to the underwriter thereof.
Section 5. This resolution shall take effect immediately.
�;1j7x;7
ADOPTED this day of , 2012.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Miguel A. Pulido
Mayor
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2012- to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
�,1j J
�:ll1_dl--j
RESOLUTION NO.
A RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF SANTA ANA DECLARING ITS INTENTION TO
REIMBURSE EXPENDITURES FROM THE PROCEEDS OF
TAX- EXEMPT OBLIGATIONS AND DIRECTING CERTAIN ACTIONS
BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA,
AS FOLLOWS:
Section 1: The Board of the Housing Authority of the City of Santa Ana hereby
finds, determines and declares as follows:
A. The Housing Authority of the City of Santa Ana (the "Authority ") intends to
issue tax - exempt obligations (the "Obligations ") for the purpose, among other things, of
making a loan to Washington Place Partners, LP, a California limited partnership, or
such other limited partnership or a limited liability company to be formed by Vitus
Development, LLC (the "Developer "), the proceeds of which shall be used by the
Developer to finance the acquisition, rehabilitation and development of a 200 -unit of
multifamily rental housing facility currently commonly known as Wycliffe Plaza located
at 1401 N. Flower Street in the City of Santa Ana, California (the "Project ").
B. United States Income Tax Regulations section 1.103 -18 provides
generally that proceeds of tax - exempt debt are not deemed to be expended when such
proceeds are used for reimbursement of expenditures made prior to the date of
issuance of such debt unless certain procedures are followed, among which is a
requirement that (with certain exceptions), prior to the payment of any such
expenditure, the issuer must declare an intention to reimburse such expenditure.
C. It is in the public interest and for the public benefit that the Authority
declare its official intent to reimburse the expenditures referenced herein.
NOW, THEREFORE, BE IT RESOLVED that the Housing Authority of the City of
Santa Ana DECLARES and ORDERS as follows:
Section 2. The Authority intends to issue the Obligations for the purpose of
paying the costs of financing the acquisition, rehabilitation and development of the
Project.
Section 3. The Authority hereby declares that it reasonably expects that a
portion of the proceeds of the Obligations will be used for reimbursement of
expenditures for the acquisition, rehabilitation and development of the Project that are
paid before the date of initial execution and delivery of the Obligations.
EXHIBIT 2
8OA -11
Section 4. The maximum amount of proceeds of the Obligations to be used
for reimbursement of expenditures for the acquisition, rehabilitation and development of
the Project that are paid before the date of initial execution and delivery of the
Obligations is not to exceed $30,000,000.
Section 5. The foregoing declaration is consistent with the budgetary and
financial circumstances of the Authority in that there are no funds (other than proceeds
of the Obligations) that are reasonably expected to be (i) reserved, (ii) allocated or (iii)
otherwise set aside, on a long -term basis, by or on behalf of the Authority, or any public
entity controlled by the Authority, for the expenditures for the acquisition and
rehabilitation of the Project that are expected to be reimbursed from the proceeds of the
Obligations.
Section 6. The Developer shall be responsible for the payment of all present
and future costs in connection with the issuance of the Obligations, including, but not
limited to, any fees and expenses incurred by the Authority in anticipation of the
issuance of the Obligations, the cost of printing any official statement, rating agency
costs, bond counsel fees and expenses, underwriting discount and costs, trustee fees
and expense, and the costs of printing the Obligations. The payment of the principal,
redemption premium, if any, and purchase price of and interest on the Obligations shall
be solely the responsibility of the Developer. The Obligations shall not constitute a debt
or obligation of the Authority.
Section 7. The appropriate officers or staff of the Authority are hereby
authorized, for and in the name of and on behalf of the Authority, to make an
application to the California Debt Limit Allocation Committee for an allocation of private
activity bonds for the financing of the Project.
Section 8. The adoption of this Resolution shall not obligate (i) the Authority to
provide financing to the Developer for the acquisition, rehabilitation and development of
the Project or to issue the Obligations for purposes of such financing; or (ii) the
Authority, of or any department of the Authority or the City of Santa Ana to approve any
application or request for, or take any other action in connection with, any
environmental, General Plan, zoning or any other permit or other action necessary for
the acquisition, rehabilitation, development or operation of the Project.
Section 9. This resolution shall take effect immediately upon its adoption.
-2-
80--12
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho, General Counsel
By:
Lisa E. Storck
Assistant Counsel
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Boardmembers:
Boardmembers:
Boardmembers:
Boardmembers:
2012.
Miguel A. Pulido
Chair
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Secretary to the Housing Authority, do hereby attest to and
certify the attached Resolution No. 2012 -_ to be the original resolution adopted by the
Housing Authority of the City of Santa Ana on
Date:
Recording Secretary
-3-
80--13
�;T j '
ROH (07/02/12)
RESOLUTION NO. 2012 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA STATING ITS INTENTION TO DISESTABLISH
THE DOWNTOWN SANTA ANA COMMUNITY
MANAGEMENT DISTRICT, AND SETTING A TIME AND
PLACE FOR PUBLIC HEARING THEREON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On December 15, 2008, in compliance with Article XX of Chapter 13 of the
Santa Ana Municipal Code (the "Law "), the City Council established the
Downtown Santa Ana Community Management District (the "CMD ") by
adopting Resolution No. 2008 -078.
B. Section 13 -214 of the Law permits the dissolution of the CMD by
resolution after the city council first adopts a resolution of intent to
disestablish the CMD prior to the required public hearing.
C. The City Clerk has received multiple petitions seeking the
disestablishment of the CMD.
D. On August 1, 2011, the City Council requested that staff begin
proceedings to disestablish the CMD. On August 24, 2011, the City
Council decided to continue this item for future consideration. On
September 19, 2011, the City Council decided to continue this item to
October 3, 2011. On October 3, 2011, the City Council decided to
continue this item to October 17, 2011. On October 17, 2011, the City
Council decided to continue this item to November 7, 2011. On November
7, 2011, the City Council decided to not take any further action toward
disestablishment at that time. The matter came back before the City
Council for further consideration on July 2, 2012.
Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby
declares its intention to set a public hearing regarding the disestablishment of the CMD.
This action is taken in response to the multiple petitions received by the City Clerk
requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty -
six (56) signatures on petitions protesting against the existence of the CMD. In addition,
this action is supported by the fact that there were multiple individuals in support of
Resolution No. 2012 -XXX
85B_1 Page 1 of 3
alternative maps presented to the City Council proposing reduced boundaries to the
current CMD. Further, although the City had the authority to vote for the establishment
of the CMD as a property owner in the zone, there are questions regarding the overall
support for the CMD from the remaining property owners during the vote if the City had
not cast votes in support of the CMD.
Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a
public hearing on the disestablishment of the CMD on August 6, 2012, at 6:00 p.m., or
as soon thereafter as the matter may be heard, in the City Council Chambers located at
22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will
consider adopting a resolution disestablishing the CMD. The City Council will also hear
all persons for or against disestablishment of the CMD.
Section 4. If the CMD is disestablished, any remaining revenues, after all
outstanding debts are paid, derived from the levy of assessments, or derived from the
sale of assets acquired with the revenues, or from bond reserve or construction funds,
shall be refunded to the owners of the property or businesses then located and
operating within the CMD in which assessments were levied by applying the same
method and basis that was used to calculate the assessments levied in the fiscal year in
which the CMD is disestablished, in accordance with section 13 -214 of the Law.
Section 5. The notice of the hearing on disestablishment required by section
13 -214 of the Law shall be given by mail to the property owner of each parcel or to the
owner of each business subject to assessment in the district, as appropriate. The
notice shall be mailed to the property and /or business owners at least thirty (30) days
prior to the date of the public hearing.
Section 6. 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 2nd day of July, 2012.
APPROVED AS TO FORM:
In
Sonia R. Carvalho
City Attorney
Miguel A. Pulido
Mayor
Resolution No. 2012 -XXX
Page 2 of 3 856_2
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. 2012 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
.9
Clerk of the Council
City of Santa Ana
Resolution No. 2012 -XXX
Page 3 of 3
Correspondence for Item 85A
�Lo - ol,
Huizar, Maria
From: Ava Steaffens <ava @kidworksonline.org>
Sent: Wednesday, June 06, 2012 6:14 PM
To: Huizar, Maria
Subj ,ect: Downtown Inc
As one who lives, works and plays in Santa Ana, I would like to express my support for the work of Downtown Inc. I have
been very impressed by the improvements that I have seen in Downtown since I moved into the city in 2006. When we
first moved here, my husband and I had a tough time finding a decent place to go out to dinner in Downtown. Now, we
have all kinds of choices. We are also thrilled with the Art Walk as well as the many events that are sponsored and co-
sponsored by Dowtown Inc. that are bringing life into the Downtown. I've had the pleasure of getting to know Vicki
Baxter and am thankful for the tremendous effort and all her hard work in helping to make Downtown a safe, attractive
and inviting place to be.
Please do not hesitate to contact me if you have any questions,
Ava Steaffens
President /CEO
KidWorks-
touching lives with hope-
ava @kidworksonline.org
tel: 714 - 834 -9400 x103
1902 W. Chestnut Ave., Santa Ana, CA 92703
"Restoring at -risk neighborhoods one life at a time"
i
85B -7
Huizar, Maria
From:
Bob stewart <bob @stewartsound.com>
Sent:
Thursday, June 14, 2012 12:38 PM
To:
Huizar, Maria
Cc:
Vicky Baxter
Subject:
Fwd: Letter
Dear Maria,
Several years ago I decided to move my business to downtown Santa Ana. I was seeing the beginning of an immerging
downtown. For several years after the advent of the Artist Village, I saw stagnancy in the downtown and began to feel I
had made a mistake. Nothing was moving forward. Several other property owners came together and decided to look
into the possibility of a Community Management District. DSABA (Downtown Santa Ana Business Association) was not
working due to infighting and lack of vision with a complete unwillingness to change.
It was not easy to run our businesses, formally begin a 501 @6 nonprofit and be at the leadership of a changing
dow-Aown. However, we were committed to the prospect of revitalization in downtown Santa Ana.
We have given our time, money and donated our expertise at "no charge" when needed, to move this new nonprofit
into the successful organization it has become. Downtown Inc is not only a vibrant force to the businesses downtown
but has made inroads into the community and social issues facing this city. Vicky has convinced us that PBIDs cannot
ignore social issues such as the homeless and is at the helm of forming a coalition of civic leaders, the faith community,
government and others to begin an effort that could make us a model to all counties in California. She is basing this on
the Navigator Program used in Sacramento and San Diego that has received Presidential Awards. The Community
Policing Project formed with Santa Ana Police Department along with radios funded by Downtown Inc given to our
businesses, has been described by the Justice Department as a model to large cities our size.
I am on the Executive Committee with Downtown Inc and cannot understand this continued smear of the
organization. We have strived to be transparent, we invite the public to all our meetings and we have done everything
possible to recruit new diverse directors and members. We are focused on success and assisting all the businesses in
downtown. The naysayers and people who continue to storm City Hall hurt Santa Ana. Their agenda is beyond our
understanding because they refuse to come to the table. What is most amazing to me personally is that these same
people held contempt for each other before Downtown Inc and now they have formed a "social club ". Perhaps we
should be commended for uniting them for the first time. If they would put the effort and time into what they so
fervently oppose, they may find common ground and realize we are all here to prosper our businesses, raise our families
and live the American dream in unity. My sincere desire would be to see all businesses in the district part of the
equation, actively involved with Downtown Inc and making a difference in revitalizing Downtown Santa Ana.
Last week we held a Tri Mixer with over 250 businesses represented. The positive comments and pleasure at what is
taking place in downtown Santa Ana was refreshing to hear from business people in Santa Ana and throughout Orange
County. Keeping this issue at the forefront at City Council hurts bringing consumers and new businesses downtown. If
PBIDs did not work, then there would not be 1500 across the United States and now internationally accepted and
embraced. Several Cities have called us for details in beginning a PBID (Orange, Brea, Pasadena, San Pedro, and
Newport Beach). Our success shows!
Sincerely,
Bob Stewart
Past President Downtown Inc
�� : •,
Huizar, Maria
From: Dennis Dascanio <ddascanio @sbcglobal.net>
Sent: Thursday, June 07, 2012 2:49 PM
To: Huizar, Maria
Subject: Support for DTI
Dear Ms. Maria Huizar, Clerk of the Counsel:
This writing is in response to ongoing negative information that has been recycled and put out by opponents of
the DTI and PBID. I am a new member of the DTI Board and proponent of it's mission and
accomplishments. I have been a business owner in Santa Ana since 1987. For the first 24 years, I was at the
same location at 17Th Street and Flower (960 West 17Th Street). Last May, I decided to relocate my office to
the Artist Village, 200 N. Main Street, to a building I recently purchased. The decision to purchase and move
into the downtown area was because of changes to the PBID area that I had been witnessing over the past 1 -2
years. Prior to that, I could not have even considered moving into the area. It had long been in decline from it's
hey days of the 1980's, with crime and grime as it's lasting image.. I can now say that I feel safe and I am a
proud owner of the Builders Exchange building and I look forward to years of being part of the local business
District.
As a DTI Board member, I have never known there to be any kind of pension or 401 K program available to
employees or members. All financial records are available for viewing on -line. We serve as volunteers and I
consider all employees loyal to the advancement of the business district and it's surrounding areas.
The meetings are open to the public, and input is openly requested. Opposition and discussion is a fundamental
and integral part of public functions and forums, such as the PBID. Slander or defamation only hurts
the advancements that are the mission of the DTI. Results, however, speak far louder than words, and the
results attained by DTI in the PBID area in such a short period of time are stunning.
Regards,
Dennis Dascanio
Proud owner of Builders Exchange historical building and DTI Board member.
Huizar, Maria
From:
Dwight Smith <dwightlsmith @gmail.com>
Sent:
Wednesday, June 06, 2012 8:40 PM
To:
Huizar, Maria
Cc:
Vicky Baxter; Tim Rush; Walters, Paul
Subject:
Downtown
Ms. Huizar,
Downtown Inc., and especially Ms. Vicky Baxter, have opened my eyes to the possibilities of working with a BID. Our
sister organization, the LACW, stands in awe of the relationship we have enjoyed with Downtown, inasmuch as they
have long fought with various BID's in downtown Los Anegeles, costing both sides tens of thousands of dollars yearly,
and generating reams of bad press for the city.
When we had a problem with an ill- educated security guard, it was resolved to our satisfaction in a manner that could
serve as a model for BID's across the country.
It is deplorable to me that any organization should have to refute slander, and I hope the City could publicly express it
disfavor for those who have lied about the use to which Downtown Inc. puts the public's tax dollars. I for one would like
to see transparency include the investigation and even prosecution of those who use the mails to generate damaging
untruths about civic institutions.
If Janet Nguyen can fire people for disagreeing with her, can't we at least find and help sue those that lie about those
acting on behalf of the City?
It's hard enough to teach the people of the OC how wonderful Santa Ana is - we simply cannot tolerate those in our
midst who stoop to lies and false innuendo.
My hat is off to Vicky Baxter and Downtown for peaceably enduring this terrible slander. Let me know of I can help.
Dwight Smith,
occatholicworker.org
Huizar, Maria
From: Eddie Quillares <eddie .quillares.rlwt @statefarm.com>
Sent: Thursday, June 07, 2012 11:22 AM
To: Huizar, Maria
Subject: My Story
Maria,
The purpose of this email is to share my story with you regarding my growth and success in Downtown Santa Ana. I
opened my business in Santa Ana in September 2010. 1 am very fortunate to share that I opened my agency with two
associates and now I have six team members that have embraced the Santa Ana community and the surrounding areas.
Our success was not only due to our systems and processes but most importantly with organizations such as: Santa Ana
Chamber of Commerce, Orange County Hispanic Chamber of Commerce and Santa Ana Downtown Inc. Collectively,
these organizations have continuously supported not only our business needs, but the needs of the community —
especially in Downtown Santa Ana. From the time that I arrived in Santa Ana in 2010 to our last Tri -Mixer hosted in
Downtown Inc. last week, I have seen substantial growth in the local community and the influence that Downtown Inc.
has made in the Downtown culture. It has given Downtown the positive attention it deserves for creating a culture that
is embracing not only the current business owners but the new business that are opening on a daily basis. I am a strong
believer that "You get out of it, what you put into it," and it is righteous to state that Downtown Inc. is the core to the
imminent growth in Santa Ana. I am confident that I would not be at this point in my business without the help of
community organization in Santa Ana and Orange County, but Downtown Inc. has been the backbone to my growth in
the Downtown area.
My information is listed below if you would like to speak with me directly or I am a few blocks away so feel free to stop
by and say hello. I have plenty of stuffed bears and chip clips!!
Best,
Eddie Q
Eddie Quillares Jr., Agent
License #OG82888
State Farm Agent
Providing Insurance and Financial Services
Phone (714) 617 -7150
Direct (562) 787 -1799
Fax (714) 617 -7158
Address 415 N. Broadway, Santa Ana, CA 92701
Email Eddie @EddieQinsurance.com
Web www.EddieGinsurance.com
b# Please consider the environment before printing this e -mail A Good Neighbor is a Green Neighbor.
1
85B -11
Huizar, Maria
From:
Ellen Seefeldt <seefeldt3 @cox.net>
Sent:
Thursday, June 07, 2012 12:31 PM
To:
Huizar, Maria
Subject:
Downtown Inc.
To Whom It May Concern:
I am a gallery director for Avantgarden Gallery in the Santora Arts Building. We are part of Orange County Fine Arts
Association, one of the largest, and the oldest arts organization in Orange County, with headquarters in Santa Ana.
Recently I have been disappointed upon hearing criticisms about Downtown Inc. Since they took over the art walk, we
havF- had nothing but improvements in the surrounding area with new restaurants, a cleaner environment, more
security. family friendly events in the promenade, and nothing but support of the Artists Village.
I was invited to be a part of the marketing committee during their first year and was impressed with how DTI handled all
the requests for support from, not only the arts community, but from Calle Cuatro merchants, and organizers of all the
events that make the city great. I have seen that other merchants and property owners have also been at these
meetings, and that many of the gallery owners have participated in different committee meetings and projects.
grew up in neighboring La Habra, and although I now live in south county, I work and shop and go to restaurants in
Santa Ana. I have seen many changes over the years, more positive changes recently with new downtown store fronts
and new restaurants and businesses. These changes I attribute to the work of Downtown, Inc.!
It's unfortunate that a few individuals have to criticize and spread untruths about an organization that has done so much
to improve Santa Ana!
Ellen Seefeldt
Avantgarden -The Art Gallery
www.artavantgarden.com
www.ocfinearts.org
1
85B -12
Huizar, Maria
From: Everett, Caleb <caleb @careercalifornia.edu>
Sent: Thursday, June 07, 2012 12:48 PM
To: Huizar, Maria
Subject: Downtown Inc.
Dear Mrs. Huizar,
I am writing to express my support for Downtown Inc. I understand they have been the subject of some recent
criticism.
As a small business owner, I really appreciate and have benefited from their efforts. The downtown area is
clean and safe. The events they put on are terrific and any time we call for help, whether it be an introduction
or help planning an event, they are always very responsive and very helpful.
Sincerely,
Caleb Everett
Chief Executive Officer
Career College of California
201 E. 4th Street, Suite 200
Santa Ana, CA 92701
(714) 243 -8614 phone and fax
www.careercalifornia.edu
Join Our Community!
Huizar, Maria
From: guzmar @netzero.net
Sent: Thursday, June 07, 2012 12:28 PM
To: Huizar, Maria
Subject: Downtown, Inc. is putting the Wow in Downtown!
June 7, 2012
Dear Honorable Mayor Pulido and City Council Members,
I am delighted with the enhancements I've seen in Downtown Santa Ana. Since Downtown, Inc. was
established and placed under the energetic, professional leadership of Vicky Baxter, we've witnessed the
transformation of the drab Pepto Bismol Fiesta Marketplace into a refreshed, energized, upscale looking East
End Shopping District with a greater variety of new shops. It's a cleaner, safer and more desirable place to shop,
to meet friends for lunch or dinner and to enjoy entertainment.
Personally, I was very excited that my son, DJ Frosty, Executive Director of www.Dublab.com's Dublab
Soundsystems conducted a live broadcast of Dublab (internet radio) from "The Crosby" to a packed crowd a
year ago. In 2005, my son, Mark McNeill, was named DJ of the year by LA Weekly. He performs at concert
events and venues worldwide - -South Africa, Japan, Europe, and South America as well as the Hollywood
Bowl, Disney Concert Hall, the Getty Center, LACMA for the LA Arts Commission and LA Department of
Cultural Affairs. Mark was impressed with the "new" downtown Santa Ana.
Wilshire Square Neighborhood Association has planned the first of many social events at restaurants in
downtown. Our first Wilshire Square social will be held at "Chapter One" Restaurant on June 20th. Downtown
has become a desirable location to meet with a variety of attractive restaurants and safe, convenient
parking. Planning our social events downtown is a vote of confidence in what Downtown, Inc. is
accomplishing in transforming Downtown Santa Ana into a great place to have fun and shop.
Sincerely,
Mary Guzman, President
Wilshire Square Neighborhood Association
(714) 380 -2210 cell
53 Year Old Mom Looks 33
The Stunning Results of Her Wrinkle Trick Has Botox Doctors Worried
consumerproducts.com
Huizar, Maria
From: James Kendrick <lrags @att.net>
Sent: Friday, June 08, 2012 10:09 AM
To: Huizar, Maria
Subject: Support:DTI
Honorable Mayor and City Council Members,
I, James Kendrick, owner of Santa Ana's best News Stand, Rags,
located at 454 North Broadway #100, Santa Ana, CA 92701, do
support DTI, better known as Downtown INC.
As a member of DASBA when I first opened, and to pay and extra tax
based on my gross sales as other Downtown Merchant, it was a relief
to see Downtown INC., take over. Even as some property owners may
agree as a special district, a lot of property owners wanted to do nothing
but take advantage of the city and milk it dry demanding the city to maintain
and promote the Downtown.
Dow.town INC, is still in its infancy, and still needs a chance to grow and help
Santa Ana reach its full potential as a special mix use district. I really feel that all
the property owners need to be educated and really try to work on the long
term vision. Prior City Councils formed a special district, with over lays and try to look
into the future of a more diverse and multi cultural Downtown reaching out to
everyone.
So please let Downtown INC have a chance to mature and reach out to build a
stronger Santa Ana.
Sincerely,
James Kendrick Owner
Rage News Stand
454 N Broadway #100
Santa Ana, CA 92701
1
85B -15
Hui?ar, Maria
From: Jeffrey D Hall <jeff @chapteronetml.com>
Sent: Thursday, June 07, 2012 12:46 AM
To: Huizar, Maria
Cc: Jeff Jensen
Subject: Chapter One: the modern local's Support for Downtown Inc.
MARIA
We would like to voice our support for Downtown Inc. Our business, that generates a large amount of tax
revenues, in a building that was virtually empty when we arrived, which also employs 50 +, mostly local and
semi -local employees, would never have been located in Santa Ana, without the support of Downtown Inc. It
gave us the confidence to make a $million investment in this city and that was before we understood the entirety
of their support. I cannot and do not want to imagine this downtown without Downtown Inc.
There are many loud, persistent people that constantly voice their disdain for this great organization. Their
numbers are small and most don't seem to even be within the district anymore, but it seems to have become the
most involved and time consuming aspect of their lives. If they truly wanted to improve the community, as they
claim, then they should take half of the time that they are spending arguing against DTI and instead direct it
positively into the community and their businesses. Then, ironically, they would probably figure out the
greatest way to truly make Downtown Inc. less of an issue in their lives, through economic prosperity.
Downtown Inc. is imperative to the continued growth of this area. Thank you for your time.
Jeff Hall
Chapter One: the modern local
227 N. Broadway
Downtown Santa Ana, CA 92701
(714) 724 -1031 CELL
(714) 352 -2225 MAIN
(714) 352 -2242 FAX
www. chaoteronetm1.com
Become a FAN on Facebook!
FOLLOW US ON TWITTER@
Chapteronetml
Aplease consider the environment before printing this.
T
Huizar, Maria
From:
Sent:
To:
Subject:
Dear Mrs. Huizar,
style4sight @gmail.com on behalf of Julia T
Thursday, June 07, 2012 12:04 PM
Huizar, Maria
In support of Downtown Inc.
- OCFA <julia @ocfashionassociation.com>
My name is Julia Tudor. I am the President and Founder of the OC Fashion Association.
The OCFA is a non - profit organization that supports emerging fashion talent in
Orange County and aims to liven up the almost non - existent Orange County fashion
scene through various fashion related events such as the popular OC FASHION WEEK,
mixers, exhibits, media productions and even public fashion flash mobs.
I am writing to you on behalf of my organization in regards to Downtown Inc. to share
my outmost appreciation for their outstanding efforts. We had the pleasure of working
with them last year and we hope to work again soon in bringing more fashion to
Downtown.
It was because of Downtown Inc's help with our first fashion show last year that OCFA
kept coming back and had 7 more other events in Santa Ana, including the branded OC
FASHION WEEKs events. Downtown Inc's support for our new organization was and still
is invaluable to us in ensuring successful fashion events. With their help we were able to
put on great fashion shows unparallel to anything seen in Orange County before and to
this day these shows are being hailed by the media and fashion enthusiasts in Orange
County, Los Angeles and San Diego!
Downtown Inc. helped us tremendously in navigating the right channels to obtain
permits, they made the connections we needed with the business in Downtown, lend us
prepping rooms, security for our events, and sponsored our May 26 event last year
among many other things. Please, take a minute to watch these two videos of last's
year's OC FASHOIN WEEK which took place outdoors on the 2nd Street Promenade in
front of the Grand Central Art Center featuring four fall /winter designer collections.
http: / /youtu.be /7n 15hx7zVU ,
http: / /vimeo.com /24100733#
Without Downtown Inc.s' help none of our events would have been possible simply
because not enough resources would have been at our disposal to make our small and
large production events a reality otherwise. Their board of directors and the amazing
staff are very passionate people who are obviously extremely determined to help the
community and revive the Downtown despite all criticisms and alligations by those who
do not believe in its mission. But we believe that their efforts and dedication, many
times going beyond normal office hours, will eventually prevail.
They work effortlessly to put Downtown Santa Ana on the map again, and we trust,
this is no easy job. We are truly inspired by their determination to work against all adds,
85B -17
all criticism and continue to do a great job no matter what. The changes they bring
to Downtown are for the better and it has been obvious to many of the people we
brought to our events in Downtown, people who outcasted Santa Ana a long time ago as
being unsafe and unfit for a fashion scene, that this is now a NEW place with new
potential and countless opportunities. Only thanks to organizations like Downtown Inc.,
the public's old mentality about Santa Ana is constantly changing for the better and this
is no small accomplishment!
Thank you for your time reading this message. We hope that you will too share our
support for Downtown Inc.'s unmatched efforts, its board members and staff in helping
Downtown Santa Ana reach its potential of the only urban Orange County hotspot filled
with history, culture and innovation!
Sinerely,
Julia Tudor
President/ Founder of OC Fashion Association
SEE YOU IN THE SPOTLIGHT!
EXPERIENCE - EMERGE - EXPOSE
The OC Fashion Association is a non - profit mutual benefit corporation dedicated to promoting unity within our diverse fashion community
while supporting emerging talent.
website: http: _fwww,oc_fashionassociation.corn
facebook fan page: httLllwww._ f_ aceboo _k_c_omOCFashionAssociatio_n
twitter: htt Lwww,twitter.com_OCFASSOC
tumblr: http:// ocfashionassociation .tumblr.cofn/
tumblr: htto : / /ocfashionweek.tumbir.com/
linkedin group: http:// www. linkedin.com/groul)s?mostPol)ular=&gid= 3681670
mailing address: PO BOX 2455, Costa Mesa, CA 92628
T : •'
Huizar, Maria
From: kathie warren <artiskathie @msn.com>
Sent: Thursday, June 07, 2012 8:54 PM
To: Huizar, Maria
Subject: Regarding DTI
Dear Maria Huizar,
I'm an artist and an 18 year participant in the artist village, and for 10 years I've had my gallery in the basement of the
Santora Building, the Green Door gallery.
I have observed the changes over the years. Vicky and the team of Downtown Inc. has removed the grey film, the
disintegrating aura, over the redevelopment area. The streets are clean, I don't feel like I'm passing through a dump any
more or attacked with mounds of paper flyers, or smells of urine. The beautiful buildings almost shine in the day
time. The doors smile with an invitation to enter.
I see friendly alert security. I see police on horses, they give a feeling of safety yet family friendly, I see children who
might otherwise be intimidated by officers go up to the horses and talk to the officers.
Where there was no communication before we the artists are embraced and empowered by DTI. They come to the
artwalk they BUY art, they care. They maintain consistency in organizing the art walk. They oversee the bureaucracy in
holding events, handle permits, reach out to other businesses to generate cross promotion. They promote and facilitate,
making the Santa Ana Art Walk the envy of other cities.
The fruit of their efforts is apparent when people come into my gallery. They come from Laguna, Irvine, Fresno, the bay
area, San Diego, Riverside, New York, Texas and so many other places. Local people come back with visiting relatives
and friends. A daughter brought her artist mother visiting from Greece, who purchased a small painting. Some visiting
from other countries. No they don't all buy art, but they go to the restaurants, they tell others, and come back with more
friends. These people come day time and night time, they feel safe, they park and have a full evening of
activities. Now we need to stimulate the BUYING of art.
The art has been the driving force, and DTI has been the fuel to create this vibrate community. The recent DTI May
mixer was a great example of how the community now comes together. Artists, politicians, 4th street businesses, SAC
event planning students, a racial mix. It was a picture of how DTI has brought everyone together to work together.
There is so much more that they do behind the scenes that makes Santa Ana sparkle, of course there is more work to
do. People that I talk to love coming and moving to Santa Ana because it now feels safe, clean and active. They are
stimulated, and inspired, they don't get that in planned communities like Irvine and it's 3 shades of beige, or even in
beautiful Laguna, where the art doesn't change. Santa Ana is historical, it is organic and the art here reflects that. Walk
3 -5 blocks in any directions and you experience a cultural trip without getting on a plane. I sit on the 2nd street
promenade, in a one hour, I will see a woman pushing a stroller, 4 laughing students, a couple of suits with briefcases, a
homeless man with his bags, a couple of nicely dressed women of color chatting up a storm, an artist waring torn paint
dripped, jeans; pushing a dolly of paintings, a workman with broom and trash can; a spaced out skinny kid. Black, white,
Hispanic, Asian. This is not only Santa Ana it is America.
So I I'm digressing into what could have been a Steinbeck novel. The bottom line is that DTI makes a big difference for
ALL.
Thank you,
Kathie Warren
Green Door gallery, b -4
Santora /basement
T : �
Huizar, Maria
From: LuterLutz @aol.com
Sent: Thursday, June 07, 2012 2:35 PM
To: Huizar, Maria
Subject: Downtown Inc.
Maria, can you please distribute the following.
Mayor and Council Members
Nancy and I would like to go on record of supporting Downtown Inc. Having been the leader in developing the Artists
Village in the 90's I have seen how the downtown is coming alive where before the town was closed up at five
o'clock. Now the town is attracting leading businesses like DGWB and higher educational forums such as Grand Central
Arts Forum and cutting edge restaurants and entertainment venues hosting national known groups at the old Yost
Theater. This is especially an important time with the City suffering a budget crises to have an oversight body like
Downtown Inc. to help promote downtown Santa Ana along with ensuring the safety of those patronizing the
stores, restaurants, and entertainment venues and assuring clean sidewalks and store fronts.
It is unfortunate that there is a perception that Downtown Inc. has a 401(K) or other type of retirement program. This is
totally untrue and just another attempt to defame this organization.
Sincerely,
Tom & Nancy Lutz
Washington Square Residents.
0
T
Huizar, Maria
From:
Mcewenl @aol.com
Sent:
Wednesday, June 06, 2012 5:10 PM
To:
Huizar, Maria
Subject:
Downtown Inc
Ms Huizar
I would like to take a moment to express my support of Downtown Inc. As a twenty three year resident of Santa Ana, I
have never felt as hopeful for the success of the downtown as I do now.
Now, when I invite friends from outside the city to dinner or Art Walk activities, I'm assured we will have a fun, safe,
entertaining time. My thanks to the hard work of Downtown Inc for bringing it all together. Without a central body to
organize and promote, I don't think it would be possible.
Thank you
Debbie McEwen
French Park
85B -21
Huizar, Maria
From:
mfpax @aol.com
Sent:
Thursday, June 14, 2012 9:36 AM
To:
Huizar, Maria
Subject:
DTI
Dear Ms. Huizar,
I am writing you to voice my support for Downtown Inc. and the positive impact it has had on the downtown area. This is
probably no real surprise since I sit on the board. I work for the owners of 4 buildings in the downtown and they see the
improvement to the area in just a couple of years. More importantly, they see the long term improvements that are
possible. The taxes that they contribute to fund the PBID are not insignificant to our operations in these lean times, but
they see it as a necessary investment for the future of the downtown and the long term success of their properties.
Michael Paxton
Spurgeon Venture Ltd.
1
85B -22
Huizar, Maria
From: Mike Harvey <mike.harvey333 @gmai1.com>
Sent: Thursday, June 07, 2012 3:34 PM
To: Huizar, Maria
Subject: Santa Ana Downtown Inc.
Please allow me to introduce myself. My name is Mike Harvey and I have recently opened a small music
publishing company in downtown Santa Ana. I chose Santa Ana as the place I wanted to be largely because of
the way that the area around the Yost Theater had been cleaned up and made safer and more accessible to my
clients. I did my research and found that this was made possible by the local merchants and the way they were
able to work with Downtown Inc. I have gotten to know my neighbors and I have had a few opportunities to
discuss issues that mattered to me with the people at DTI. They were always very helpful and full of useful
information. We know that any organization that deals with the public is bound to attract both possitive and
negative reviews from the people they serve and that is to be expected but when I heard that the folks at DTI
were coming under fire I thought that I would tell my story and the way that I have had nothing but possitive
experiences when working with them. I have to say that I think they are doing a great job.
Thank You
Mike Harvey
220 E. 4th Street, Suite 204
Santa Ana, CA. 92701
phone: 714 -547 -7071
i
85B -23
Huizar, Maria
From:
Minerva Figueroa <minerva.figueroa @cox.net>
Sent:
Wednesday, June 06, 2012 6:45 PM
To:
Huizar, Maria
Subject:
Downtown Inc.
My name is Minerva Figueroa and I want you to know that I support Downtown Inc. in their effort to revitalize downtown
Santa Ana.
The organization was instrumental in helping us Harvey Milk Day and for the past 3 years it has been a trusted partner in many
endeavors.
Thank You, Minerva Figueroa - Orange County Equality Coalition -949 400 8123
1
85B -24
Huizar, Maria
From: olivana @dslextreme.com <olivana @dslextreme.com>
Sent: Thursday, June 07, 2012 1:51 PM
To: Huizar, Maria
Subject: support for Downtown Inc
Madame, there was nathing done to revitalize the run down downtown of Santa Ana prior to Downtown Inc
which I am fully supporting.
Ivana and Oldrich Unger
1
85B -25
Huizar, Maria
From:
Phil Calhoun <phil @betabenefits.com>
Sent:
Wednesday, June 06, 2012 4:56 PM
To:
Huizar, Maria
Cc:
Vicky Baxter
Subject:
Support for Downtown Inc.
Follow Up Flag:
Follow up
Flag Status:
Completed
Maria, I am a property owner of the Minter House on 322 W. 3rd Street. We pay into the
PBID and are pleased with what Vicky and her team are doing for the downtown.
As a board member of the Santa Ana Chamber and a business owner operating from the
Minter House, we appreciate what Santa Ana offers us. We are especially thankful for the
security provided by Downtown Inc. as this has kept our employees and building safe as
they walk downtown to eat and when they arrive for work and return to their cars to go
home.
We have owned the property for 10 years now and have seen starts and stops with
downtown efforts to improve the downtown. What is currently happening downtown is a
credit to Vicky's experience and management style.
Our biggest challenge is the amount of the PBID fee we pay and the traffic at the park that
gets a little tough at times.
As an insurance agency we hope to work with more businesses downtown in an effort to
increase revenues for the future.
Please contact me as I would like to meet you and show you our office -house sometime,
lunch is on me.
Please do not hesitate to contact me with any questions.
Thanks,
Phil.]. Calhoun, MBA
President
Beta Benefits Insurance Services
"Where You Get Good Old Fashioned Customer Service"
322 W. 3rd St.
Santa Ana, CA 92701
800.500 -9799 ext. 226
FAX 714.664 -0614
Lic # 0752323
My MISSION: "To Serve Without Conditions And Within God's Plan."
L� "0"
Huizar, Maria
From:
Sue Rabin <suerabin @dslextreme.com>
Sent:
Thursday, June 07, 2012 8:51 PM
To:
Huizar, Maria
Cc:
'Vicky Baxter'
Subject:
Downtown Inc
Dear Maria,
I have recently become familiar with Downtown Inc, Vicky Baxter and several supporters of the organization. As
an Orange County resident I have seen downtown Santa Ana go through many changes over the years and within the
last few years it has become more and more obvious that some change is occurring for the better. I truly believe
this has everything to do with Downtown Inc's efforts.
I know that the crime stats have decreased, while the cleanliness, arts, music, food and culture has increased in
this area and so despite what a few people may say about this organization, it is clear to me that they are here to
change Santa Ana for the better.
Quite honestly I believe that those who feel they need to attack others and accuse them of wrong doings when
they have no proof or no ground to stand on are the ones in fact that are guilty of the dishonesty and wrong doings
themselves.
I stand in support of the Downtown Inc as they stand in support of Downtown Santa Ana.
Thank you,
Sue Rabin
949- 394 -2540
i
85B -27
Huizar, Maria
From: trina.fleming @cox.net
Sent: Thursday, June 07, 2012 10:10 AM
To: Huizar, Maria
Subject: What is the city doing to support the efforts of Downtown Inc.?
Maria — I just want to express my support of the Downtown, Inc. and the wonderful job they are doing in revitalizing
downtown Santa Ana! It's nice to know that there is someone stepping up to the plate and not just talking about doing
something, but is actually doing it.
What is the city doing to support Downtown Inc. in their efforts ??
Trina Fleming
23385 Gondor Drive
Lake Forest, CA 92630
trina.fleming @cox.net
M
Huizar, Maria
From: Vance Gardner <vogardner @gmail.com>
Sent: Thursday, June 07, 2012 2:34 PM
To: Huizar, Maria
Subject: Support for DTI
Dear Ms Huizar,
I support Downtown Inc's efforts to revitalize the Santa Ana downtown. Santa Ana is a beautiful city with a rich history
and heritage. However, I've lived in Orange County for the past 30 years and rarely have I gone into the city, until
recently. When Downtown Inc was established; shopping, dining, arts and recreation were enhanced. Now my trips to
the city are more varied and rewarding (and I want to go back). The non - profit is run in an ethical, open manner and is a
real plus for the city. Please do not let a few fearful citizens taint DTI's exemplary record. Instead, applaud and support
this treat community organization.
Thank you.
Sincerely,
Vance Gardner MD
T
Huizar, Maria
From: Victor and Lubna <vicnlubna @yahoo.com>
Sent: Thursday, June 14, 2012 1:54 PM
To: Huizar, Maria
Subject: Thank goodness for DTI
Dear Maria:
I am a long time resident of Santa Ana and I have worked in the city for over 14 years. The revitalization efforts
have made such a big difference in how I feel about the city and how I interact with it. My husband and I now
go downtown for dining and entertainment (instead of leaving the city to spend our money elsewhere). In
addition, when our friends come to visit, we take them downtown to showcase the beautiful and vibrant
atmosphere. I'm always delighted to see the late night crowds walking around a city that used to have the
highest crime reputation. We are so encouraged by the developments, that we've chosen to purchase an
investment property (in addition to our primary home) in the city of Santa Ana.
Santa Ana is not what it used to be, and that is thanks in large part to the efforts of DTI. We need to appreciate
them and support them in all their efforts to uplift our city and neighborhoods.
Lubna Debbini & Victor Gomez
1016 and 1108 N Towner, Santa Ana.
714 - 457 -0237
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