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HomeMy WebLinkAbout FULL PACKET_2012-10-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 1, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:15 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:17 p.m.) CLAUDIA C. ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:32 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:15 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) Peebler vs. State of California Department of Finance, City of Santa Ana et al., Case No. 34-2012-80001172-CU-WM-GDS CITY COUNCIL MINUTES 1 OCTOBER 1, 2012 1 0A-1 1B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc.* *Mayor Pulido and Councilmember Martinez abstained on Agenda Item 1 B due to a conflict of interest and left the room during the discussion of said matter. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA)** **Councilmembers Martinez and Sarmiento abstained on Agenda Item 1C due to receipt of campaign contributions and left the room during the discussion of said matter. CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 OCTOBER 1, 2012 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:16 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO TIM FELKER, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PULIDO to Dr. David Nunez, County of Orange, Family Health Medical Director in recognition of County of Orange Childhood Lead Poisoning Prevention Week. PROCLAMATION presented by MAYOR PULIDO to Assistance League of Santa Ana President Judy Tschetter in recognition of the League's 75th Anniversary. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to the Boys and Girls Club; Community Service Programs (CSP); Girls, Inc.; Human Options; Kidworks; Mercy House, Orange County Bar Foundation; Orange County Children's Therapeutic Arts Center; Taller San Jose; and WISEPlace in recognition of their ongoing support and contribution to the residents and community of Santa Ana. CITY COUNCIL MINUTES 3 OCTOBER 1, 2012 1 0A-3 PROCLAMATION presented by COUNCILMEMBER MARTINEZ to The League of United Latin American Citizens, District 1, President Zeke Hernandez, in recognition of Hispanic Heritage Month. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Mother's Market and Kitchen President Alejandro Hernandez-Martinez and Terri Takemoto in recognition of its 4t" Year Anniversary in Santa Ana. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Owner Jerry Zomorodian, Arco Gas Station; General Manager Jim Masters and Paul Walsh, Coast Composites; and Arturo Saucedo, California Youth Soccer for their contribution to the community and its residents. CLOSED SESSION REPORT - See Item 19A. for Report. PUBLIC COMMENT • Peter Katz, loves Santa Ana, council efforts have improved city, gang involvement and crime overall down, roads repaired, Forbes magazine named the City safest city compared to others of similar size, and 3rd largest in trade; proposed voluntary tax for park improvements and code enforcement services. • Dave Hoen, opposed to City expense to defend Measure D lawsuit, proposed repayment by plaintiff. ? Mayor Pro Tern Alvarez responded to comments; opined that loopholes exist in Measure D and lawsuit did not resolve other problems with Measure, City staff requested Legal Opinion; also applicability of Measure D applies to all Councilmembers. • Councilmember Martinez expressed support of outside legal counsel to defend lawsuit on Measure D and believes City should not have paid legal costs since City prevailed. • Connie Hamilton, concerned with SAMC 41-238 regarding remodeling, inconsistencies with other surrounding communities in how the City handles variances and high costs of application process. • Herb Rose, spoke in support of disestablishment of PBID. • Glen Stroud, noted that he wrote letter to City Manager on endorsement of elected official, expected acknowledgement of letter; suggested City develop an Oversight Commission to handle these type of complaints and matters. • Albert Castillo, commented on Mayor's long tenure; city has had more development than open space projects; also, Dia de Los Muertos is sponsored by El Centro Cultural and not Downtown Inc. • Debbie McEwen, indicated that Friends of Lacy Street had entered into a contract with the City for rehabilitation and preservation of historic homes, homes have been moved to French Park, but much has been stripped of historic value. ? Councilmember Martinez requested meeting to discuss matter. CITY COUNCIL MINUTES 4 OCTOBER 1, 2012 1 0A-4 • Jeff Dickman, noted that settlement agreement between City and Friends of Lacy to preserve historic homes required 6 out of 10 to be preserved at State Historic Preservation standards, opined that standard not met. Also, inquired as to how much public funds spent on rehabilitation project. • Joese Hernandez, supports sunshine ordinance; opined that PBID illegally established. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tern Alvarez recorded a "No" vote on Agena Item 19A and pulled Agenda Item 25B, for separate discussion; • Councilmembers Martinez and Benavides pulled Agenda Item 20A, for separate discussion; and • Addition of Closed Session Report (Agenda Item 19A). MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 17, 2012 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 OCTOBER 1, 2012 1 0A-5 BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD -Community Development Agency MOTION: Appoint Ignacio Alegre, Rehabilitation Supervisor, replacing Maryann Conway, as the Department of Rehabilitation representative on the Santa Ana Workforce Investment Board. 13B COUNCIL COMMITTEE REPORTS - PARKS, RECREATION, EDUCATION AND YOUTH (PREY) MINUTES - PARKS, RECREATION & COMMUNITY SERVICES AGENCY MOTION: Receive and file Parks, Recreation, Education and Youth Minutes of June 4, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve as follows: 1. Authorize to protect interest of the City - Peebler vs. State of California Department of Finance, City of Santa Ana, et al., Case No. 34-2012- 80001172-CU-WM-GDS. 2. Continue to negotiate with all parties - Property and Business Improvement District ("PBID")/Community Management District (CMD), Downtown Inc. 3. Approve Amendment to Memorandum of Understanding - Labor Negotiations with Santa Ana Police Officers Association (POA)* Approved by 4-1 Vote. Mayor Pro Tern voted "No" and Councilmembers Sarmiento and Martinez abstained. *Mayor Pro Tern Alvarez voted "No" on Agenda Item 3 regarding the Amendment to the Memorandum of Agreement (Side Letter) regarding PERSable salary; concerned with cost to the City in perpetuity; requested legal opinion from PERS on matter. 19B EXCUSED ABSENCES - None 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services CITY COUNCIL MINUTES 6 OCTOBER 1, 2012 1 0A-6 MOTION: Receive and file the Quarterly Report of Contracts entered into between April 1, 2012 to June 30, 2012 valued at $25,000 and less. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A LEASE AGREEMENT WITH VERIZON WIRELESS FOR CO-LOCATION OF CELLULAR ANTENNA AT JEROME PARK AND APPROPRIATION ADJUSTMENT Parks, Recreation & Community Services Agency Councilmember Martinez, Chair of the PREY Council Committee discussed matter. Councilmember Sarmiento indicated that approval is symbolic; revenue will remain at Park. Councilmember Tinajero congratulated Councilmember Martinez for advocating for park programs and held Council accountable to their commitments. Councilmember Benavides indicated that revenue will benefit park. Parks and Recreation Services Executive Director Gerardo Mouet noted that approximately $400,000 expected revenue. MOTION: 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement for co- location of cellular antenna and equipment building at Jerome Park, subject to non-substantive changes approved by the City Manager and the City Attorney. AGMT NO. 2012-198 - With Verizon Wireless 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013-035 - recognizing $46,800 in the Capital Outlay Fund Miscellaneous Recovery account and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account. CITY COUNCIL MINUTES 7 OCTOBER 1, 2012 1 0A-7 3. Receive and file Categorical Exemption for Environmental Review No. 2012-59 (Jerome Park). MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 20B APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL AT FAIRVIEW STREET AND EDNA DRIVE (PROJECT NO. 126758) -Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 - 034 - Accepting funds from the Wintersburg Presbyterian Church in the amount of $2,000 into the select street construction fund and appropriating the funds into the select street construction fund for the traffic signal installation at Fairview Street and Edna Drive. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 11-044 - SIGNS, HARDWARE AND ACCESSORIES - Renew the contract with Safeway Sign Company for a one-year period in an amount not to exceed $100,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 11-035 - ELEVATOR MAINTENANCE AND REPAIR SERVICES - Renew the contract with Pacific Coast Elevator dba Amtech Elevator Services for a one-year period in an annual amount not to exceed $45,000 - Finance & Management Services 22C SPEC. NO. 09-051 - PREPAID GASOLINE CARDS - Renew the contract with SVM, LP for a one-year period in an annual amount not to exceed CITY COUNCIL MINUTES 8 OCTOBER 1, 2012 1 0A-8 $31,500 (Community Development Agency) - Finance & Management Services 22D SPEC. NO. 12-050 - CIVIC CENTER TREE PRUNING - Award a contract with George Salinas Tree Preservation in an amount of $52,300 (Parks, Recreation and Community Services) - Finance & Management Services 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. (Items 25A, and 25C through 25G) 25A AGMT NO. 2012-199 - AMENDMENT - LAND LEASE TO REMOVE CO- LOCATION REVENUE SHARING REQUIREMENT OF THE NEW CINGULAR WIRELESS MONOPINE LOCATED AT 2115 W. MCFADDEN - With New Cingular Wireless PCS, LLC - Parks, Recreation & Community Services Agency 25B AGMT NO. 2012-200 - INSTRUCTIONAL SERVICES - Parks, Recreation & Community Services Agency and Community Development Agency Mayor Pro Tern Alvarez noted that digital center is partnership with Rancho Santiago Community College; program trains 8 students. Councilmember Martinez indicated that Seeds to Trees program attendees developed video to promote literacy; supports program and thanked staff. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, with the Rancho Santiago Community College District in an amount of $88,463 to provide instructional services to eligible youth participating in the Seeds to Trees Digital Media Academy subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 9 OCTOBER 1, 2012 1 0A-9 ABSTAIN: None (0) ABSENT: None (0) 25C GRAND AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) - Public Works Agency 1. Authorize the City Manager and Clerk of the Council to execute settlement agreements: • AGMT NO. 2012-201 - With Roberto Comparan dba Comparan Produce, tenant of the property located at 204 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $22,510. • AGMT NO. 2012-202 - With Alfred Laguna dba Continental Barber, tenant of the property located at 208 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $16,730. • AGMT NO. 2012-203 - With K & K Investments LP, tenant of the property located at 218 North Grand Avenue (APNs 398-453-05 & 06) in the amount of $29,815. • AGMT NO. 2012-204 - With Raymundo Pena dba Imagen Beauty, tenant of the property located at 1221 East First Street, Unit D (APNs 398-454-12 & 13) in the amount of $17,415. • AGMT NO. 2012-205 - With Joan McVay, Lance McVay, Joanna McVay, Trustee for the Joanna McVay Revocable Trust of 2007, for the purchase of the property located at 1225 East Fourth Street (APN 398-385-04) in the amount of $300,000. 2. Authorize the City Manager and Clerk of the Council to execute loss of rent agreement. • AGMT NO. 2012-206 - With Gallegos Brothers LLC for the real property commonly known as 2012 North Grand Avenue; APNs 398-453-05 & 398-453-06 (Unit Identification: 202, 204, 206, 208, 210, 212-214, 216-218 North Grand Avenue). 25D AGMT NO. 2012-207- AMENDMENT - TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE - With Aegis ITS, Inc. to approve a one-year contract extension in an amount not to exceed $650,000 annually, with the option to extend for one additional year exercisable by the City Manager - Public Works Agency CITY COUNCIL MINUTES 10 OCTOBER 1, 2012 1 0A-10 25E AGMT NO. 2012-208 - ONE-STOP OPERATOR EXTENSION FOR PROGRAM YEAR 2012-2013 - With the Santa Ana WORK Center - Community Development Agency 25F AGMT NO. 2012-209 - MEMORANDUM OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNER - With the Orange County Social Service Agency - Community Development Agency 25G AGMT NO. 2012-210 - LICENSE AGREEMENT FOR USE OF FORMER ALTON YARD SITE RECOGNIZING RENTAL INCOME - With All City Nursery - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NOS. 2012-11 AND 2012-13 TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY, 220 EAST FOURTH STREET, SUITE 102 - BOB QUINN, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 10, 2012, by a vote of 6-0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-11 as conditioned and Conditional Use Permit No. 2012-13 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A SUNSHINE ORDINANCE - City Manager's Office The following spoke on the proposed ordinance: • Jim Adams, representing Los Angeles / Orange Counties Building and Construction Trade Council, spoke in opposition to sunshine ordinance CITY COUNCIL MINUTES 11 OCTOBER 1, 2012 1 0A-11 that would create additional barriers to development process; indicated that union not invited to participate in the development process of the ordinance. • Doug Mangione, representing IBEW 441, opposed to sunshine ordinance. • Rodney Larson, representing U.A., Local 582, spoke in opposition to sunshine ordinance. • Russ Nicholson, representing Plasters Local 200, opposed to sunshine ordinance; high unemployment. • Zeke Hermandez, representing Santa Ana LULAC #147, supports sunshine ordinance that will provide transparency and open government • Jose Moreno, representing Santa Ana LULAC #147, supports sunshine ordinance and transparency. • Adriana Cuin & Yvette Ortega, representing Latino Health Access, expressed support of sunshine ordinance and listed all organizations supporting ordinance. • Apolonio Cortes, supports sunshine ordinance. • Jeff Dickman, supports sunshine ordinance; proposed City adopt Lobbyist Registration similar to County of Orange. • Sergio Hernandez, supports City adopting County of Orange Lobbyist Registration; opined that pre-development meetings will not hinder jobs. • Ana Lydia Tutila, requested that pre-development meeting process include response to comments made at meetings that is currently not included in proposed ordinance. • Manuela Lopez, requested after-hour meetings on pre-development projects and translation services at all meetings. • Madeleine Spencer, supports sunshine ordinance; noted that that City of San Jose has open calendars on-line and has not been a problem; ordinance would foster civic engagement. • Laura Garibay, supports sunshine ordinance, SACReD has held over 34 meetings for the development of the ordinance; has out reached to the Chamber of Commerce and other organizations. • Keith Harkey, representing Ironworkers Local 433, opposed to sunshine ordinance; obstacles in approval of development projects will further hinder economy. • Patrick Kelly, representing Teamsters Local 952, opposed to sunshine ordinance. City Attorney recapped provisions of Sunshine Ordinance. Councilmembers thanked all for participation; requested top three bid proposals to be posted on the City's website; site plan review comments would be included written responses that would be included in approval process; open calendars apply to elected and top executives alike - remove the "summary of meeting" requirement on calendars. CITY COUNCIL MINUTES 12 OCTOBER 1, 2012 1 0A-12 Councilmember Bustamante, Mayor Pro Tern Alvarez, and Mayor Pulido opposed to additional regulations on developers; requested continuance of ordinance to receive input from Chamber of Commerce and labor unions. Friend amendment proposed by Councilmember Martinez to post top three bid proposals on the City's website as required in Section 7(b). Councilmember Tinajero proposed removal of part of Section 8(d) requiring a general statement of issues discussed on calendars. Councilmember Benavides requested Section 10 be consistent and state 5-year Strategic Plan instead of 3-year. MOTION: 1. Introduce and hold first reading of ordinance and authorize publication of title; ORDINANCE NO. NS-2838 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE 11.1 THROUGH ARTICLE 11.111 TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 2. Approve Sections 1 through 3, and 7 through 10 with friendly amendments as proposed.. MOTION: Tinajero SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Council discussion ensued on Pre-Development meetings (sections 4, 5, and 6 of Ordinance No. NS-2838). Planning and Building Executive Director Trevino indicated that Minutes of pre-development meetings will be included in the Planning Commission and City Council packets for consideration. Councilmembers noted that SACReD has diverse groups being represented and supportive of Sunshine Ordinance; all development projects will be held to same standard and requirements. Friendly amendment proposed by Councilmember Sarmiento to remove portion of Section 6(a)2 "...or in the case of market housing, the developer can show that it may be at risk of losing financing." CITY COUNCIL MINUTES 13 OCTOBER 1, 2012 1 0A-13 Councilmember Martinez proposed adding 48-hour written notice by resident if translation services required in Section 6(f). Also, comments and response are to be included in Site Plan Review Approvals as required in Section 6(h). 3. Approve Sections 4, 5 and 6 of Ordinance No. NS-2838 with friendly amendment as proposed. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Alvarez, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55A BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2012-043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION IN OPPOSITION TO CALIFORNIA PROPOSITION 32 - City Manager's Office CITY COUNCIL MINUTES 14 OCTOBER 1, 2012 1 0A-14 MOTION: Adopt a resolution. RESOLUTION NO. 2012-044 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING PROPOSITION 32 MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: Bustamante (1) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2012-01 AND ZONING AMENDMENT APPLICATION NO. 2012-01 FOR PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE - Planning and Building Agency Recommended Action approved by the the Board of Parks and Recreation on August 22, 2012 by a 7-0 vote (Wendy Tobiska absent). Recommended Action approved by the Planning Commission on June 14, 2012 by a 6-0 vote (Alderete absent). Legal Notice published in the O.C. Reporter on September 21, 2012 and notices mailed on September 20, 2012. Staff report presented by Executive Director of Planning and Building, Jay Trevino. The following spoke in support of the project: • Irma Jauregui, resident of Wilshire Square Neighborhood association, thanked the City Council for support of project and open space; councilmembers Benavides, Martinez, and Sarmiento have attended forums on the matter. • Adolfo Sierra, indicated that four neighborhoods working on the project over long period of time. • Jose Rea, thanked councilmembers Sarmiento and Benavides for attending Walk-A-Thon, supports efforts for additional open space. • Keri Weir & Mark Lopez, residents of Heninger Park Neighborhood association and indicated that neighborhood has no parks, open lot will be converted to open space. CITY COUNCIL MINUTES 15 OCTOBER 1, 2012 1 0A-15 • Reverend Edgar Arroyo, indicated that residents in area looking forward to open space. • Susana C. Sandoval, Madison Park Walk-A-Thon great success; had booth promoting open space and was well received; also, invited all to Posadas on December 8cn Council thanked speakers. Roosevelt Elementary joint use project coming soon. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2012-045 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2012-01 FOR THE PROPOSED PARK SITE LOCATED AT 300 EAST MCFADDEN AVENUE 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS-2839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE- FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 11:05 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 11:06 P.M. WITH SAME MEMBERS PRESENT Mayor Pulido, and Councilmember Martinez declared a conflict of interest on Agenda Item 85A, left the dais and did not participate in the discussion of the matters (11:06 p.m.). Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. CITY COUNCIL MINUTES 16 OCTOBER 1, 2012 1 0A-16 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 ADDRESS PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ("PBID") ISSUES AND CONCERNS INCLUDING BUT NOT LIMITED TO PROCESS FOR DISESTABLISHMENT, AMENDING RESOLUTION TO ADD PROCESS FOR DISESTABLISHMENT BY PROPERTY OWNERS, HOLDING ADVISORY ELECTION, AND SETTING PUBLIC HEARING FOR DISESTABLISHMENT - Mayor Pro Tern Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2 and August 6, 2012 City Council meetings. The following spoke on the matter: • Fina Chaves, requested disestablishment of CMD/PBID, committee submitted 80 petitions in support and opined that recent Grand Jury Report substantiated their position. • Sam Romero, opined that only 10% of businesses in the Downtown are benefiting from assessment, request disestablishment. • Barbara De Rochers, urged the City Council to disestablish PBID. • Herb Rose, supports disestablishment and need to review all document related to assessment. • Robert Escalante, noted that recent Blues and Jazz Festival was success and did not require Downtown Inc. assistance. Mayor Pro Tern Alvarez inquired on status of ordinance to repeal CMD/PBID. City Attorney Carvalho indicated that certain conditions would be required to bring forth ordinance. Mayor Pro Tern Alvarez requested ordinance be placed on next agenda. Councilmember Benavides indicated that direction to prepared ordinance was given to City Attorney, but discussions with Downtown Inc. and Committee to Disestablish still taking place with no resolution. Mayor Pro Tern motioned to set a public hearing to disestablish. MOTION: Set a Public Hearing to consider disestablishment of Community Management District/Property and Business Improvement District. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Sarmiento, Tinajero (3) NOES: Benavides, Bustamante (2) CITY COUNCIL MINUTES 17 OCTOBER 1, 2012 1 0A-17 ABSTAINED Martinez, Pulido (2) AND NOT PRESENT: ABSENT: None (0) COMMENTS 90A CITY MANAGER'S COMMENTS City Manager Walters commented on recent launch of on-line inspection request service available on the City's website. Also introduced Orange County Fire Authority (OCFA) Division Chief Dave Thomas who provided an update the Santa Ana Fire Department's transition to OCFA. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Thanked staff for working with SACReD coalition in bringing forth the sunshine ordinance; • Commented on AB 2189 recently approved by Governor Brown that will allow undocumented students to apply for driver's license; and • Spoke about good memories and passing of Kenneth "Cherrios" Pierre. Councilmember Benavides: • Thanked residents for participating in the development of the sunshine ordinance and helping to improve and open up government. Councilmember Martinez: • Requested adjournment in memory of Kenneth "Cheerios" Pierre; and requested the City name a day in his memory; • Invited all to attend the Santa Ana In Motion and Harbor Pacific Plan workshops on October 10th from 5:30 p.m. to 8:30 p.m. at Madison Elementary and on October 13th from 9:30 a.m. to 12 p.m. at the Plumbers and Steamers Union Hall; • National Walk to School Day will be held on October 3rd at Heninger Elementary; and • Thanked staff for efforts on sunshine ordinance and quoted John F. Kennedy saying on courage to lead. Councilmember Sarmiento: • Thanked staff for accelerated pace in developing sunshine ordinance; and CITY COUNCIL MINUTES 18 OCTOBER 1, 2012 1 0A-18 • Requested adjournment in memory of former Personnel Board member Larry Means. Mayor Pro Tern Alvarez: • Attended Dedication of Edison Elementary; had presentation on Crime Prevention Program; supportive of program and urged residents and parents to learn more about the program; • Encourage all to be safe on Halloween Day as children Trick-or-Treat through the streets; • Adjourn meeting in memory of former Orange County Board of Supervisor Chuck Smith, Kenneth "Cherrios" Pierre, Jim Sleeper, and Christine "Chris" Diaz. ADJOURNED- 11:47 p.m. - The next meeting of the City Council is scheduled for Monday, October 15, 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 Former Orange County Board of Supervisor, Chuck Smith, Kenneth "Cherrios" Pierre, Jim Sleeper, and Christine "Chris" Diaz Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Tow Truck Franchises • Update on Local Streets and Roadwork • Street Car Project Update and Action items • Discovery Science Center - Expansion approvals • Update Citywide Classification and Compensation Plan CITY COUNCIL MINUTES 19 OCTOBER 1, 2012 1 0A-19 1 OA-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: ORDINANCE SECOND READING: ADDING ARTICLE 11.1 THROUGH ARTICLE 11.111 TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. 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 DISCUSSION Ordinance approved for first reading at the October 1, 2012 City Council meeting; Ordinance Sections 1, through 3, and 7 through 10 were approved by a vote of 7-0 and Sections 4, 5 and 6 were approved 4-3 (Alvarez, Bustamante, and Pulido voted "No"). ORDINANCE NO. NS-2838 - AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE 11.1 THROUGH ARTICLE 11.111 to CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE FISCAL IMPACT There are fiscal impacts associated with implementation of any or all of these items. Additional staff resources are needed to implement a variety of these proposals. Further, there are specific impacts to the business community for requirements associated with the additional notification requirement during the Site Plan Review process.. A more detailed analysis would need to be done to obtain a more thorough fiscal impact. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS-2838 11 A-1 11 A-2 ORDINANCE NO. NS-XXX Oxs 10/05/12) AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE 11.1 through ARTICLE 11.111 to CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 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. That all public agencies' actions, to the greatest extent possible, should be taken openly and that their deliberations should be conducted openly. B. An informed public is essential to democracy. It is the goal and intent of the City of Santa Ana Sunshine Ordinance that citizens of Santa Ana have timely access to information, opportunities to address the various legislative bodies prior to decisions being made, and easy and timely access to public records. C. The City Council's duty is to serve the public, reaching its decisions in full view of the public. D. The City Council, appointed legislative bodies, and other city officials exist to conduct the People's business. E. The City Council reaffirms its commitment to the purpose of the Brown Act that "all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency." F. That while the Brown Act and Public Records Act exist to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies, the Santa Ana Sunshine Laws are designed to reaffirm and strengthen the need for transparency as represented by these laws. G. The City Council enacts this Sunshine Ordinance to ensure that the people of Santa Ana remain in control of the government that they have created. Ordinance No. NS-XXX 1 1A-3 Page 1 of 10 SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Chapter 2, ARTICLE 11.1, Section 2-150 of the Santa Ana Municipal Code is hereby added such that it reads as follows: ARTICLE 11.1 PUBLIC ACCESS TO MEETINGS Sec. 2-150. - Meetings and Agenda Postings for City Council Pursuant to Government Code Section 54953.7 of the Brown Act the City of Santa Ana is imposing the following additional requirements on itself to allow greater community access to its meetings: (1) City Council meeting agendas must be posted at least 96 hours before any regular meeting of the City Council. (2) The City will make notices of the City Council meetings accessible on the City's web site in various languages including Spanish through the use of free web-based translation application. (3) Agendas will list future items on major projects. The list of "major projects" identified for the City Council agenda will be compiled at the discretion of the City Manager. SECTION 4. Chapter 2, ARTICLE 11.11, Section 2-151 of the Santa Ana Municipal Code is hereby added such that it reads as follows: ARTICLE I1.11. PUBLIC MEETINGS FOR CERTAIN DEVELOPMENT PROJECTS Sec. 2-151. - Definitions For purposes of this article, the following terms have the following respective meanings: a) Public subsidy: As used in this division, the term "public subsidy" means financial assistance provided by the City, including, but not limited to: grants; rent subsidies or reductions; loans; loan forgiveness; City-issued bond financing; a sale or lease of City-assembled land for less than its fair market value (i.e., a "land write-down"); a Development Agreement or Disposition and Development Agreement; contingent obligations taken on Ordinance No. NS-XXX Page 2 of 10 11 A-4 by the City such as any guarantee or pledge of City funds; and any City fee or tax reduction or waiver. b) City-sponsored development project: any development project that has received or will receive public subsidy from the City of Santa Ana. C) Community meeting: any meeting required pursuant to Section Sec. 2- 153(a) whose purpose is to provide input into the review of development projects. SECTION 5. Chapter 2, ARTICLE 11.11, Section 2-152 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2-152. - Plan Approval Prior to the submittal of the application for discretionary approval which meets the criteria of Section 2-153(a), the applicant shall meet all community meeting requirements as set forth in Section 2-153. SECTION 6. Chapter 2, ARTICLE 11.11, Section 2-153 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2-153 - Public input through community meetings prior to discretionary approval (a) Applicability: The requirements of ARTICLE 11.11 apply to development projects requiring discretionary approval and that meet one or more of the following criteria: 1. City-sponsored development projects; 2. New residential projects containing 25 or more units, except that the Director of Planning and Building may exempt a developer from the requirements of ARTICLE 11.11 if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing Tax Credits. 3. New non-residential projects (including additions to existing buildings) of 10,000 square feet or more and which are, in the determination of the City, subject to a Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report as defined under the California Environmental Quality Act; Ordinance No. NS-XXX 11 A-5 Page 3 of 10 4. Development projects requiring a zone change, Specific Plan amendment, or General Plan amendment. (b) Number and timing of community meeting: For those development projects that meet the criteria listed in Sec. 2-153(a), the applicant shall hold one community meeting no later than 20 days after submittal of an application for administrative site plan review. Should the applicant fail to hold the community meeting within this time, the completion of administrative site plan review shall be delayed until such time as the community meeting is held. (c) Noticing: Notice of any community meeting held under this section shall be provided to all property owners, and at least one occupant per dwelling unit having a valid United States Postal Service address within a 500 foot radius of the subject property. Said notice shall be mailed no less than 10 days prior to the community meeting. The notice shall also be posted on the development project site and published in a newspaper of general circulation no less than 10 days prior to the community meeting. The City shall then post the notice on the City's website. It shall be the sole responsibility of the applicant to prepare and distribute this notice. (d) Notice content: The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English. (e) Community meeting time and place: The community meeting shall be held either on a weeknight during the early evening hours or on a Saturday. The meeting shall be held in any facility that is accessible to the public and that is no more than 1 mile from the project site. Should there not be any such facilities available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest City facility. (f) Community meeting language interpretation: Should the applicant receive a written request for language interpretation services no later than forty eight (48) hours prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting. (g) Community meeting format and content: During the community meeting the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall allow enough time for the Ordinance No. NS-XXX Page 4 of 10 11 A-6 attendees to ask questions and provide input. The applicant shall prepare detailed minutes of the meeting including a written record of the comments provided by the community members. (h) Providing information to City after community meeting: Not less than four days following the community meeting the developer shall submit to the City an affidavit under penalty of perjury that the required community meeting was held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meeting. The applicant shall also provide to the City a copy of the minutes and the written record of, and response to, the public comments made at the community meeting. The public input will be made part of the public record and included as attachments to Planning Commission staff reports. (i) Notice of planning commission public hearings shall be in conformance with the requirements provided in section 2-153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained 2-153(c) shall supersede those contained in section 41-672. SECTION 7. Chapter 2, ARTICLE 11.111, Section 2-154 of the Santa Ana Municipal Code is hereby added such that it reads as follows: ARTICLE 11.111. PUBLIC INFORMATION AND PUBLIC RECORDS Sec. 2-154 - Access to Contracts, Bids and Proposals (a) All initial City Requests for Proposals ("RFP's") shall be kept in a central repository and shall be made available for public inspection upon request. In addition, RFP's shall be placed in one location on the City's website for a period from the date the RFP was issued to the date that the RFP is due and for a period of 30 days after the RFP is awarded the City shall notice on the City website the name of the person or company awarded the contract, along with the :second and third ranked persons or companies. (b) Contracts, contractors' bids, responses to requests for proposals and all other records of communications between the department and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person's or organization's net worth or other proprietary financial data submitted for qualification for a contract or other benefit. All bidders and contractors shall be advised that information provided which is covered by this subdivision will be made available to the public upon request. Immediately after any review or Ordinance No. NS-XXX 11 A-7 Page 5 of 10 evaluation or rating of responses to a RFP has been completed, a ranking of the firms can be made available. Evaluation forms and score sheets used by persons in the RFP evaluation or contractor selection process shall be made available for public inspection after contract negotiations have been concluded. SECTION 8. Chapter 2, ARTICLE 11.111, Section 2-155 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2-155 - Calendars of Certain City Officials (a) Members of the City Council (including the Mayor), the City Manager, Clerk of the Council, City Attorney, Community Development Agency Director, Finance and Management Services Director, Parks, Recreation and Community Services Director, Planning and Building Director, Police Chief, Director of External Affairs, Public Works Director, Deputy City Manager, and any additional persons in management positions that are considered part of the City's Executive Management Team shall maintain a monthly City Calendar. (b) The Calendar shall include all scheduled City-related appointments, meetings, including regular and special City Council meetings, meetings with developers, meetings with union representatives, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces. (c) The Calendars of the Mayor, City Council, and City Manager, and other department heads listed in subsection (a) shall be a public record subject to inspection during normal business hours at the office of the Clerk of the Council and additionally available in electronic format on the City's official website. The calendar shall be made available on the first of each month and shall reflect the schedules of the previous month. (d) Each City-related appointment must include the following information: name(s), title(s), and affiliated organization (s). The following information shall be exempted: (1) Personal appointments, including personal business appointments; (2) Information protected by the attorney-client privilege; (3) Information about attorney work product; (4) Information about City staff recruitment; (5) Information about a personnel issue; (6) Information about corporate recruiting and retention; (7) Information about criminal investigations and security; (8) Information about whistle blowers; Ordinance No. NS-XXX Page 6 of 10 11 A-8 (9) Information about those who reasonably fear that public disclosure of the fact of their appointment will result in retaliation that will result in significant economic, physical or other tangible harm; and (10) Information that is otherwise prohibited from disclosure. (e) Any violation of this section relating to calendars shall not be a basis for any criminal prosecution. SECTION 9. Chapter 2, ARTICLE 11.111, Section 2-156 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2-156 - Access to Lobbyist Information The City shall provide access, and a link on the City's Website, to the following Forms: Recipient Committee Campaign Statement (Form 460), Behested Payment Report (Form 803), and Statement of Economic Interests (Form 700). These Forms will be found on the City's website under the title of "Access to Lobbyist Information. SECTION 10. Chapter 2, ARTICLE 11.111, Section 2-157 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2-157 -- Public Meetings related to City five-year Strategic Plan and Annual Budget (a) City Strategic Plan-Creation and Public Hearings (1) Not later than approval of the annual budget beginning with the 2013/2014 fiscal year,, and every five years thereafter, the City Manager shall prepare and submit to the City Council a strategic plan setting forth the City's mission, core values, five year goals, detailed measurable objectives and key performance measures. Prior to submitting the strategic plan to the City Council, the City Manager will conduct a public meeting to review a draft of the plan with the public and receive input from the public regarding the plan. (2) Each September, the City Manager will conduct a public meeting to present the City's five (5) year Strategic Plan to the community. The purpose of the meeting will be to review the City's progress in achieving its plan and goals with the community and to gain public input on any issues related to the City's five (5) year Strategic Plan. Ordinance No. NS-XXX 1 1A-9 Page 7 of 10 (b) Annual Budget Meetings. In connection with the preparation of the annual budget, each February and September, or upon the written request of at least 30 city residents, City staff will conduct a community meeting with neighborhood associations, community groups, and other members of the public to present the budget and discuss the budget process and any other issues related to the budget. SECTION 11. 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 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (name) City Attorney AYES: NOES: ABSTAIN: Ordinance No. NS-XXX Page 8 of 10 Councilmembers Councilmembers Councilmembers 11A-10 NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX 11A-1 1 Page 9 of 10 11A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: ORDINANCE SECOND READING: ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE- FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER On October 1, 2012, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7-0: ORDINANCE NO. NS-2839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS-2839 11B-1 11 B-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTY LOCATED AT 300 EAST MCFADDEN AVENUE FROM SINGLE-FAMILY RESIDENCE (R1) TO OPEN SPACE LAND (O) (AA NO. 2012-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of Amendment Application No. 2012-01 and General Plan Amendment No. 2012-01 to allow a new 1.4 acre public park site at 300 East McFadden Avenue. B. On September 10, 2012, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2012-01. 2. Adopt a resolution approving General Plan Amendment No. 2012-01. C. Amendment Application No. 2012-01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on October 1, 2012, to consider all testimony, written and oral. D. Amendment Application No. 2012-01 has been filed with the City of Santa Ana to zone the property located at 300 East McFadden Avenue from Single-Family Residence (R1) to Open Space I_and (O). E. The proposed project area is currently within the Single Family Residence (R1) zoning district, which does not identify permanent park open space as a permitted use. The proposed amendment application (zone change) is needed to change the zoning for the 1.4 acre site from Single-Family Residence (R1) to Open Space Land (O) to facilitate construction of a public park to serve the surrounding community. F. The creation of additional public open space or park land implements the City's General Plan Parks, Recreation and Open Space Element goal to "provide sufficient open space to meet the recreational and aesthetic needs of the community." The Land Use Element establishes the City goal to "promote a balance of land uses to address basic community needs", and 11 B-3 Policy 1.7 to "support open space in underserved area" like the project area. The change to an Open Space land use designation will provide an additional 60,984 square feet, or 1.4 acres, towards public parkland, helping the City towards achieving its goal of a minimum two acres of public parkland per 1,000 residents. The proposed park design will also support the policies and programs in the Conservation Element to encourage water conservation and the use of drought resistant landscape. G. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 300 East McFadden Avenue is consistent with the purpose of the general plan. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 1, 2012, accompanying this matter. For these reasons, and each of them, Amendment Application No. 2012-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. General Plan Amendment No. 2012-01 also came before the City Council on October 1, 2012. This ordinance incorporates by reference, as though fully set forth herein, the General Plan Amendment in support of this ordinance and the findings made herein. Section 2. The real property located at 300 East McFadden Avenue is hereby zoned from Single-Family Residence (R1) to Open Space Land (O). (AA Nc. 2012-01) The amended zoning map showing the above described change in use district designation is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated October 1, 2012, and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or pot:)ns be declared invalid or unconstitutional. 11 B-4 ADOPTED this day of , 2012. Miguai / Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B-5 3N0 ST ]NO ST 2ND $T } 4 1ST ST 1ST ST 1 8-2 ?H o M :It2? :7?=?Inr? M1 l F e f z?rnR3 o R2 R2 g?R2 WM91 v.' M2 ? M2 M7?y G7 }„I,?,_ WALNUT ST lUNU*ST ' WALNUT ST FIT .. -, <AMILE: n =.,'. CUBBON L.._ / j#f 3 SECTIONAL DISTRICT MAP 185-9 ADOPTED BY THE SANTAANA CITY COUNCIL, OCTOBER 20, 1958 BY ORDINANCE NS-350 ° SCALE IN FEET 1°°° MiaiMdaa eopA?g'?E ? Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT a -B PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT THIS MAP IS THE OFFICIAL SECTIONAL C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE DISTRICTMAP OFTHEC2TYOFSANTAANA. C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE AS AUTHORIZED BY CITY COUNCIL RESOLUTION NO. 74163, DATED II-18-74.1 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE HEREBY ATTEST THAT THIS MAP IS A TRUE C3 CENTRALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO.1&S-1 C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE s?9Ne6 C4 PLANNED SHOPPING CENTER -OZ OVERLAYZONE SD SPECIFIC DEVELOPMENT JAYTREVINO C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN PLAN INGaeULIRNGACENCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT c-.-ON. May 9.2007 RES.IAA. I AN.. NO. ORD. I RES. NO, ADOPTED DATE RES./A.A/ANk NO. ORD. / RES. NO. ADOPTED DATE RES. I A.A. I AN%. NO. 5480 548] 5522 5556 I - I M93 5916 71.78 6044 - AAB21 AA830 AA849 AA866 AA909 M1005 AA1027 M1029 AA1040 M1052 AA12-01 ORD-ES.N0. NS-497 N6500 NS-553 NS-591 NS608 NS-908 NS-1016 -- NS-1193 NS-1388 N&I5 NS-1531 NS1589 NS1622 NS-1589 N6-1960 N&2014 NS-- N&2136 NS-2139 NS- ADOPTEDDATE 241-61 2-208-1 1+62 7-2-62 41.62 10.669 61- 83-71 12-17-73 10-17.7] 10-15-79 62-80 7c411 2-1d 2-1485 6-16A0 7-17-89 1 11-20.8s1 8-1-91 B-1&91 _ PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA 11 B-6 EXHIBIT A REVISED 5A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT APRIL 2012 THROUGH SEPTEMBER 2012 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 Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the City Council regarding member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six-month reporting period. Additionally, City Charter Section 901 provides that three consecutive unexcused absences would result in the vacation of a board or commission seat. Examination of attendance reports reveals that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. FISCAL IMPACT There is no fiscal impact associated with this action. f1 Maria D. Huizar, Clerk of the Council Attachments: Attendance Reports 13A-1 13A-2 i J U Z 0 U } U O Z ? ?- N Q 400 zaE L ? a N wC a _0 OU N Uw CL CU Q ? J O Q ? 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Li. r w L L V d L d 13A-14 V1 R 3 v d O A M o e? ca a> C d E L IZ a) p N 4-. 0 N a J_ U Z 0 U N U? 0 cov ZF ? E Z UJ a LL I W 0ZN ?QO ?QN U W 'L ?- a FQ Q .. J Q Z Z _Q m 0 O m Z cn w Z LLJ U O LL OYC O w a z z O N O U a O co w? m W CL m u)g N x w X z x X X W x D X N d ? C Q Q d m d o w J }D J Z d d Q ? m w0 Y Z t;) ?E- o d d H m a m g c d d w x x x x x x x x w w to °' ?o Y CL c Q? Q o d w Q .-• ca o c c cn O c`o (D _Ile z DO ?- a co - U J o i co 0 z w ° L o v ?; cd co c ° a) u c m cNa m 3 > J o ° .° N w CO cu U U o W -0 _0 w w w U -a 0 bA a 13A-15 W G> m ? W CM C a? V) r2 N X X W ? ? X W X Z X X X X X H d U) Y C7 c Q Q m m m ? W J J ? = V +r Z V H N r+ Z ? C Q d d N N r+ Q ? r d d W D X D D X X X X X W X X X N N w JC Y a Q c Q d D d W O -O N L }+ O Q O v C L O N E N Z co m ?/N? cc 0 O O c O a) L N -? O N r+ N ~ W C = fa a O C7 W >+ co (/1 W f6 O N N N i N L N C O 'a N N co U N N N L C J O N C E V Y z a w 0 N cl? a 13A-16 w N a' W m ? W 0 . LU N? N X Z D X X D Z) w N d F- p CO) D C a ad d ? o W J }D J j cm W V s Z G1 Q V N G1 t4 Lu in z d N w }o a? 2 c d d X X ? X X ? X W N d r+ JO Y Q IL c Q ? o d W :3 i a Z m ?ca Q o 77D 0 Q w c ? ? c 0 co L: cli W N co N a) N E 4) Y U N L U ~ o U) d v C d N .C Q d N 7 V X d c D d d N a d N 3 V k W W m C d Q x W Y W U z Q z W a 0 on o. 13A-17 N F - z W O U a? is C U) ca N 2 C N C ca D w 0 oA a. 13A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CANCELLATION OF NOVEMBER 5, 2012 COUNCIL MEETING APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled Council meeting of November 5, 2012; the City Council hereby waives notice of said meeting as required by the government code. DISCUSSION The City Council would like to cancel the regularly scheduled City Council meeting on November 5, 2012. The Council will resume consideration of regular Council items at their Adjourned Regular Meeting scheduled for November 19, 2012 in the Council Chamber, 22 Civic Center Plaza, Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. Maria D. Huizar, Clerk of the Council CLERK OF COUNCIL USE ONLY: 19C-1 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2012 JUSTICE ASSISTANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing the 2012 Justice Assistance Grant in the amount of $102,764 into the revenue account (no. 12814002-52001) and appropriate same into the 2012 Justice Assistant Grant expenditure account (no. 12814409-61040). 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer the 2012 Justice Assistance Grant Program funds in the amount of $102,764, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Edward Byrne Memorial Justice Assistance Grant (JAG) provides funds to support a broad range of activities to prevent and control crime within the County of Orange. JAG requires a single unit of county government to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of the entire county. A memorandum of understanding designates the County of Orange, Sheriff-Coroner Department as the lead agency for the program. For FY 2012, $126,869 has been allocated for Santa Ana. The City agreed to allocate 10 percent of the total funding, or $12,687, to the Orange County Pro-Active Methamphetamine Laboratory Investigative Team to supplement their resources. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff-Coroner Department will retain $11,418 (9 percent) of administrative fees. The remainder of the funds in the amount of $102,764 will be utilized by the Police Department to fund overtime for the Gang Enforcement and Career Criminal Unit. 20A-1 Appropriation Adjustment 2012 JAG Grant October 15, 2012 Page 2 FISCAL IMPACT Approval of the appropriation adjustment with the acceptance of these funds will increase the City's Police Byrne Justice Assistance Revenue Account (account #12814002-52001) in the amount of $102,764, and will increase the same into the Police Byrne Justice Assistance overtime expenditure account (account no. 12814409-61040). APPROVED AS TO FUNDS AND ACCOUNTS: Carlo Rojas Francisco Gutierrez Mbl Acting Police Chief Executive Director Police Department Finance & Mgmt Services Agency 20A-2 I 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS AGREEMENT is entered into this day of 2012, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and City of Santa Ana , a municipal corporation, hereinafter referred to as I "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of fourteen units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant"). WHEREAS, the purpose of the grant is to supplement the resources available to the multi agency Orange County Pro-Active Methamphetamine Laboratory Investigative Team (PROACT), and to various programs designated to prevent and control crime within the County of Orange that are operated by individual agencies included in the above-referenced fourteen units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order CFDA 16.738 FY2012 JAG Program i i c n.-4--f of T-t;- 20A-3 PaoP i of 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attaclnnent B hereto ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto ("JAG Program Allocation"), which is attached hereto and incorporated herein by reference. 2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by reference. 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. CFDA 16.738 FY2012 JAG Program 11 S T -nrlment of Tmtice. 20A-4 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in I I writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. CFDA 16.738 FY2012 JAG Program U.S. Department of Justice 20A-5 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, 13, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // // // CFDA 16.738 FY2012 JAG Program U.S. Department of Justice 20A-6 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: , 2012 COUNTY OF ORANGE, a political subdivision of the State of California Sandra Hutchens, Sheriff-Coroner Sheriff-Coroner Department "COUNTY" APPROVED AS TO FORM: COUNTY COUNSEL By e G()Z?- C ,ye, Nicole Sims, Deputy DATED: Z 7 , 2012 SUBGRANTEE ATTEST: By City Clerk DATED: , 2012 By Name and Title City of Santa Ana City DATED: , 2012 CFDA 16.738 t c,rric FY2012 JAG Program w w U.S. Department of Justice 10 /?P?1 5 of 5 ATTACHMENT A 2012-DJ-BX-0057 BJA FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program PROGRAM NARRATIVE General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes sixteen units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the purpose areas outlined in the grant solicitation. The fourteen units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support and information systems for criminal justice within the following purpose areas: law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, and planning, evaluation and technology improvement. The expenditure details of the funds for each city are outlined in the following narrative. 2012-DJ-BX-2532 20A-8 Page 1 of 30 ATTACHMENT A 2012-DJ-BX-0057 Multi-Agencv Funding: In a collaborative effort to benefit the Comity of Orange, the sixteen units of local government involved in this grant application have agreed to utilize $26,869 (approximately 5.78%) of the total funding to supplement the multi jurisdictional Orange County Pro-Active Methamphetamine Laboratory Investigative Team, hereafter referred to as PROACT. Program Narrative: Outline the Proposed program activities Methamphetamine is the primary drug investigated by local, state, and federal law enforcement agencies within the boundaries of Orange County. Successful clandestine methamphetamine laboratory investigations require acquired expertise and are extremely time consuming and labor intensive. Local law enforcement agencies do not have the resources, specialized training, or safety equipment necessary to conduct the specialized investigations required to combat these types of operations. The labs themselves are toxic and explosive in nature. Children of clandestine laboratory operators and meth users are often forced to live in an environment of toxic chemicals with lasting effects on their overall physical and mental health. PROACT will investigate all clan lab incidents within Orange County while maintaining a close liaison with local agencies. These agencies will forward intelligence to PROACT for review, evaluation, and subsequent enforcement action. PROACT will integrate city law enforcement agencies, the Sheriff's Department, the District Attorney's Office, the Bureau of Investigation, the Probation Department, as well as Child Protective Services to conduct criminal investigations of clandestine methamphetamine laboratory operators, suppliers, and traffickers. PROACT personnel will initiate investigations, conduct covert surveillances, conduct parole and probation searches, execute search warrants, and arrest criminal perpetrators. PROACT has previously distinguished itself by focusing on disrupting and eliminating individuals and criminal cells responsible for providing both the precursor and essential chemicals that are required to manufacture methamphetamine. In essence, PROACT has functioned as the highly unique "proactive" effort against the entire clandestine methamphetamine laboratory hierarchy, within and having a nexus to Orange County. Provide a brief Analysis of the need for the programs Precursor chemical smurfing has emerged as the preeminent source of pseudoephedrine for methamphetamine production in the Southwest Region. Law enforcement investigations in California suggest that organized precursor chemical smurfing organizations are supplying large quantities of pseudoephedrine to methamphetamine laboratory operators. These operations are composed of numerous individuals who make multiple purchases of products containing pseudoephedrine from pharmacies, drug stores, and retail outlets. These products are then sold to chemical precursor brokers who sell them directly to methamphetamine laboratory operators. The success of drug market disruption is due in large part to the tireless work of state and local law enforcement agencies and the task forces they comprise. Any real or perceived diminishment of law enforcement pressure will enable these criminal groups in California to resurge resulting in the production and distribution of higher purity ice methamphetamine. According to state and local law enforcement agencies, the threat associated with methamphetamine trafficking and abuse exceeds any other drug. 2012-DJ-BX-2532 20A_9 Page 2 of 30 ATTACHMENT A 2012-DJ-BX-0057 Methamphetamine-related criminal activity has increased concurrently with the rise in the overall threat posed by the trafficking and abuse of the drug. The impact of the manufacturing, trafficking, and use of methamphetamine has been devastating to many cities and rural counties throughout the country. State and local law enforcement agencies identify methamphetamine as the drug that most contributes to violent crime. Methamphetamine critical incidents occurring in Orange County have and continue to represent the majority of all narcotic incidents occurring within the county. Goal: The goal of the PROACT Task Force is to pro-actively seek out and eradicate all clandestine methamphetamine labs and methamphetamine in Orange County, thus providing a safer community for the residents, employees and visitors within the County. The objectives of the PROACT Task Force are to reduce the availability of methamphetamine in Orange County, improve public safety in Orange County by eradicating hazardous clandestine methamphetamine labs, and identify, disrupt and arrest suppliers of methamphetamine precursor and essential chemicals Strategies to be used for nroiect: PROACT Task Force personnel will initiate investigations, conduct covert surveillances, conduct parole and probation searches, execute search warrants, and arrest criminal perpetrators. PROACT will continue to focus on disrupting and eliminating individuals and criminal cells responsible for providing both the essential chemicals that are required to manufacture methamphetamine. PROACT will continue to utilize innovative investigative techniques in an attempt to identify and apprehend methamphetamine clandestine laboratory violators. Examples of techniques used include; reverse stings of lab apparatus and essential chemicals; use of GPS tracking devices; wiretap investigations, pursuing chemical sources, as well as continuing to assist and enter into partnerships with Orange County law enforcement agencies at all levels of pro-active investigations. PROACT will continue to maintain an on-going training profile in an attempt to stay current with all progressive case law and new investigative techniques, as well as new safety procedures. Lastly, the PROACT Task Force subscribes to the philosophy that the existence of methamphetamine laboratories is defined by a three-pronged cycle of Facilitation, Manufacturing and Distribution. Subscribing to this philosophy, PROACT will continue to focus on disrupting each of these prongs. Proiect identifiers: Meth labs Funding: TOTAL PROACT ALLOCATION (5.78%): $26,869 2012-DJ-BX-2532 20A_1 0 Page 3 of 30 ATTACHMENT A 2012-DJ-BX-0057 County/OCSD: The County of Orange proposes to use the 2012 Justice Assistance Grant funding as follows: Unincorporated Communities: Las Flores, Coto de Caza, Ladera Ranch and Trabuco Canyon Purpose Areas: Law Enforcement, Crime Prevention and education Program Narrative: The unincorporated communities of Coto de Caza, Ladera Ranch, Las Flores, and Trabuco Canyon have a population of over 42,000. These communities continue to experience population growth and expansion in both residential and commercial development. In addition, accessibility to this eastern part of south Orange County has been somewhat limited due to the urban landscape and roadway infrastructure. To alleviate the limited accessibility to these communities, the County of Orange is in the planning phase of a major thoroughfare extension. This will lead to significant increase in traffic volume and visitors. The roadway will enhance mobility for the residents and will serve commuters traveling to the inland empire. With the increase of commercial and residential development and population, demands on law enforcement continue to increase. Calls for service have increased over 9% the past two (2) years and most importantly, part one property crime rates have increased 8%. To meet the demands for law enforcement, the Orange County Sheriff's Department has engaged in a community based multi-layered approach to reduce incidents of property crimes. This has been based on targeted enforcement, intelligence-based policing, education and crime prevention through environmental design. Targeted Enforcement The Unincorporated Special Enforcement Team (SET) and Directed Enforcement Team (DET) will be utilized for crime suppression. Over the past year, the unincorporated areas have experience a 50% increase in residential burglaries and continued increases in property crimes. This special enforcement team will provide the necessary law enforcement surge and patrol saturation to prevent, detect and apprehend individuals committing property crimes in these communities. The SET team will also continue to conduct both probation and parole compliance checks of those individuals residing in the unincorporated areas of southeast Orange County. Intelligence Based Policing The Special Enforcement Team (SET) will partner with our Statistical Tracking and Reporting unit (STAR) to identify crime trends and specific problem areas. Information received from the Statistical Tracking and Reporting unit (STAR) will be one of the driving mechanisms to pinpoint targeted enforcement surges in the communities. These deployment surges will be strategic and based on crime analysis. Crime Prevention Through Environmental Design The Special Enforcement Team (SET) will conduct community urban development assessments with a specific focus on crime prevention. They will partner with the community housing and business associations to seek ways to safeguard their communities from property based crimes. 2012-DJ-BX-2532 20A-1 1 Page 4 of 30 ATTACHMENT A 2012-DJ-BX-0057 Goals of the project: • Reduction of property crimes • Use of Crime Analysis Unit • Targeted enforcement based on intelligence based predictive policing • Implementation of crime prevention through environmental design • Establish Problem -Oriented Policing approach Strategies to be used for project: • Target enforcement • Saturation patrols • Use of Crime Analysis Unit to assist with target enforcement Proiect identifiers: • Crime snapping • Career Criminals • Community Policing • Crime Prevention • Policing • Overtime Budget and Budget Narrative: These funds will be used for overtime expenses incurred by front line deputy sheriffs assigned to the Special Enforcement Team. The overtime will enhance the effectiveness of the program and allow both saturation/surge patrols during varying hours of the day. Realizing crime is not restricted by city limits, the overtime hours will allow these deputies the flexibility to assist other local and regional investigative details combating property crimes 4 of deputies x $68.46/43 hrs. each(total hrs. 172.12) = $11,784 Timeline and/or project plan: Identify when the goals and objectives will be completed. Complete within the next fiscal year - 2012/2013 - Deployment of saturation patrols to reduce property crime rates in the unincorporated areas of south Orange County. Funding: Total Allocation: $14,548 PROACT Contribution: (10%) $1,455 Administrative Fee (9%): $1,309 Funds Retained by City/County: $11,784 2012-DJ-BX-2532 20A_1 2 Page 5 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Anaheim The City of Anaheim proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Law Enforcement Program Narrative: The Anaheim Police Department (APD) would like to use JAG funds to support the overtime expenses of the Department's frontline sworn and non sworn personnel in the following divisions: Operations, Operation Support, Investigations, and Special Operations. Due to the City's economic conditions, over the last few years APD has had to reduce both their sworn and non sworn staff in order to meet the City's budgetary goals. As a result, all employees within the Department have taken on extra responsibilities and duties in order to meet APD's goal of maintaining a safe community. Overtime hours have become an intricate part in helping APD's personnel work efficiently and effectively. Overtime hours will be assigned to employees within the four divisions at the discretion of the Department. Goals of the proiect: The Department's project goal is to improve and enhance the community's safety, while using a reduced number of sworn and non sworn personnel. In order to accomplish this goal, overtime hours will be assigned to each employee at the discretion of the Department. Strategies to be used for project: Overtime hours will be assigned to each employee at the discretion of the Department. A separate account code will be assigned specifically for this project. All overtime documents for this project will be assigned a specific account code. A copy of all overtime documents will be approved by the Department prior to submittal. A backup of all overtime documents will be included in each reimbursement submitted to the Orange County Sherriff s Department. Proiect identifiers: Overtime for personnel within Anaheim Police Department's four divisions: Operations, Operation Support, Investigations and Special Operations. Budget and Budget Narrative: Overtime for the Department's personnel will range from $16.00- $90.00 per hour depending on the position and rank of each employee. Due to budget constraints, APD is currently unable to fully fund the Department's overtime expenses. Timeline and/or Project plan: The project goals and objectives will be implemented immediately upon approval of the JAG program funds and Anaheim's City Council approval to utilize the JAG funds for this project. 2012-DJ-BX-2532 20A-13 Page 6 of 30 ATTACHMENT A Funding: Total Allocation: $93,503 PROACT Contribution: (4%) $3,740 Administrative Fee (9%): $ 8,415 Funds Retained by City/County: $ 81,348 2012-DJ-BX-0057 2012-DJ-BX-2532 20A_1 4 Page 7 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Buena Park: The City of Buena Park proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: - Law Enforcement Program Narrative: The Buena Park Police Department proposes to use the Justice Assistance Grant Program funding to supplement our current Police Service Aide Program. As a result of current fiscal deficits, we have had several sworn police officer positions either frozen or eliminated. With the availability of our Police Service Aides, they will be able to assist by taking non-violent reports, assisting in traffic control, providing service at the front counter of the Police Department, and other duties as assigned. By using funding for this program, this will free up sworn officers to respond to critical calls, and maintain timely responses. Goals of the project: To maintain our current Police Service Aide Program. This will free up our sworn personnel from non- critical reports, and allow them to respond to emergency calls for service. The Police Service Aide Program will help us to maintain our current response times. Strategies to be used for proiect: - Police Service Aides will continue to assist in everyday tasks of taking reports for non-violent crimes and other miscellaneous duties, usually handled by sworn patrol officers - Reduce the amount of reports taken by patrol officers and allow them to be more available for emergency calls for service - Reduce response times for Patrol Officers responding to emergency calls for service Project identifiers: See JAG Identifiers (attached) - Community Policing Budget and Budget Narrative: Our Police Service Aide Program (which currently receives partial funding from JAG ARRA Grant funds), will utilize this additional funding to provide salaries for this program: Timeline and/or project plan: Identify when the goals and objectives will be completed We will continue to fund the PSA program, which will free up the time of our patrol officers and reduce response times to emergency calls. We should continue to maintain consistent response times to emergency calls less than 5 minutes within the first year of the grant period. 2012-DJ-BX-2532 20A_1 5 Page 8 of 30 ATTACHMENT A 2012-DJ-BX-0057 Funding: Total Allocation: $19,176 PROACT Contribution: (0%) $0 Administrative Fee (9%): $1,726 Funds Retained by City/County: $17,450 2012-DJ-BX-2532 20A_1 6 Page 9 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Costa Mesa The City of Costa Mesa proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: 1) Planning, Evaluation, and Technology Improvement Program Narrative: The Costa Mesa Police Department's proposed program activity is to expand upon its security system to include other police facilities. In general, law enforcement is a target to both foreign and domestic threats. The department lacks funding to expand its current security system to include other police facilities. Goals of Proiect: The department's project goal is to expand upon its security system by installing new card access points at the police department's Communications Center and Westside Substation facilities. The installation of these new card access points will improve the department's security system and enhance its monitoring capabilities of police facilities. Strategies to be used for Proiect: To accomplish the department's 2012 JAG project goal, the agency will obtain quotes from vendors that can supply the identified service, technology, and/or equipment needed. Proiect Identifiers: 1) Electronic Monitoring, 2) System Improvements Budget & Budget Narrative: Preliminary quotes have been obtained for the department's proposed program. The estimated cost is: Electronic Card Access System - $20,000. Timeline and/or Proiect Plan: The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation for expenditures. Funding: Total Allocation: $22,858 PROACT Contribution: (0%) $ 0 Administrative Fee (9%): $2,057 Funds Retained by City/County: $20,801 2012-DJ-BX-2532 20A_1 7 Page 10 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Fullerton The City of Fullerton proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Purpose Areas related to the proposed CCTV (Closed Circuit TV) Project include Law Enforcement, Prosecution and Court; Corrections and Community Corrections; and Planning, Evaluation and Technology Improvement. Program Narrative: Outline the Proposed program activities - The Fullerton Police Department's proposed JAG 2012 CCTV (Closed Circuit TV) Project will provide partial funding of $28,186 for a new security camera and video system at the Police Department and City, estimated at $119,500 by the Communications & Technology Division of the Orange County Sheriff's Department. The remainder of the costs, approximately $91,314, will be funded through the Department's existing asset seizure fund balance. This project would also integrate the Police Department and the Jail camera systems which now operate separately. 18 outdated security/surveillance cameras at the Police Department facility and 19 outdated cameras at the Jail facility will be replaced, and four new cameras monitoring both the Police Department and City Hall will be installed. Four large-screen monitors will be mounted in the Watch Commander's Office, and an additional monitor will be used to observe Fullerton's very active downtown area. Two digital video recorders with 30-day retention capabilities will be installed for Police facility cameras, and two DVR's with one-year retention would record from the Jail cameras. Provide a brief Analysis of the need for the programs - The Fullerton Police Department and Jail camera systems are so antiquated that they have been characterized by audio/video technicians, including the Sheriff's Communications & Technology Division, as virtually irreparable, with parts no longer available. Because of their age, most of these cameras cannot be integrated into a new security system. However, the system breaks down frequently so makeshift but costly repairs must still be made. In addition, there are no cameras monitoring activities in front of the Police Department and City Hall, an employee parking lot, and some interior- walkways and gates as well as a back lot, so four new cameras will be installed in these areas. And, because the Jail cameras and the Police facility cameras are currently on separate systems - making monitoring a cumbersome task - an integrated system is a logical necessity. Very importantly, too, the Police Department currently has no video recorders connected to their security cameras. Hence, the CCTV project, which includes the installation of four DVR's, is particularly vital to the protection of the public, jail inmates, and City and Police staff, and will provide critical information and evidence in the event of an incident. Recently, incidents involving up to 500 protestors in front of the Police Department and City Hall greatly hampered the safety of City employees and those seeking City or Police services, and also resulted in assaults and vandalism against vehicles and City property. However, these criminal activities went unrecorded, making identification and prosecution difficult. With the proposed cameras and DV.R's, any acts of civil disorder can be monitored by a Police Department supervisor, who can then safely coordinate 2012-DJ-BX-2532 20A_1 8 Page 11 of 30 ATTACHMENT A 2012-DJ-BX-0057 effective and appropriate responses, while video evidence of any criminal activities would also be recorded. Goals of the proiect: • Increase and improve security and monitoring capabilities within the Police Department, Jail and areas surrounding City Hall. • Utilize the data gathered, if needed, to assist in the investigation, prosecution or exoneration of individuals involved in a recorded event. Strategies to be used for project: • Put CCTV Project out to bid and select most qualified bidder • Purchase security system equipment and services from selected bidder • Utilize JAG 2012 grant funds for partial reimbursement of project expenses in the amount of $28,186 • Utilize asset seizure funds for remainder of project in the amount of $91,314 Proiect identifiers: See JAG Identifiers (attached) • Jails • Equipment - Video/Audio Recording Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) EQUIPMENT: Est. Cost No. Subtotal Cameras Police Facility Replacement Cameras 1,000 18 18,000 Jail Replacement Cameras 1,000 19 19,000 New Additional Cameras incl. Installation 4,000 4 16,000 Digital Video Recorders Police Facility DVR w/ 30 day retention 6,000 2 12,000 Jail DVR w/ 1 yr. retention 22,000 2 44,000 Monitors w/ Installation 40" Screen for PD in WC Office 1700 4 6,800 40" Screen for Downtown Area 1700 1 1,700 One-Time User Fee for Camera Monitoring 500 4 2,000 TOTAL ESTIMATED COSTS S 119.500 Portion Funded by Asset Forfeiture Funds $ 91,314 Portion Proposed for JAG 2012 Funding $ 28,186 2012-DJ-BX-2532 20A-19 Page 12 of 30 ATTACHMENT A 2012-DJ-BX-0057 Timeline and/or project plan: Identify when the goals and objectives will be completed • Bid and award process - Three months • Installation of camera and video recording system - Estimated three months after bid award Funding: Total Allocation: $34,798 PROACT Contribution: (10%) $3,480 Administrative Fee (9%): $3,132 Funds Retained by City/County: $28,186 2012-DJ-BX-2532 20A_20 Page 13 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Garden Grove The City of Garden Grove proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Law Enforcement; Corrections and Community Corrections Program Narrative: The Police Department will use 2012 JAG funds to pay a portion of its jail services contract. The jail contract saves thousands of department man-hours and is a key component for maximizing police officer time out on the streets. The Garden Grove Police Department has one of the lowest ratios of officers per capita of any city its size in California, yet the Department must still struggle to keep staffing levels from decreasing. The recent elimination of redevelopment agencies in California drastically worsened the City of Garden Grove's current and projected financial condition. The loss of millions of agency dollars caused the City to immediately implement additional budget cuts, and further cuts will be implemented in FY 2012-13. Contracting out jail services allows officers to spend the majority of their time in the field, which is especially critical during dire financial times when no new officers will be hired. Goals of the project: Create operational efficiencies in Patrol that would generate the equivalent productive hours of up to seven additional Police Officers that could be used to augment patrol operations. Strategies to be used for project: Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety rather than expending energy and resources on jail operations. Prior to the contract, officers would spend approximately two hours processing and transporting an arrestee. If the arrestee required medical clearance, that process could be extended by several hours. Now, sworn police officers complete preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes while the jailers complete the fingerprinting, photographing, transporting, etc. procedures. This increases the officer's availability to handle additional calls for services. In 2011, the jailers processed 6,101 arrestees, saving sworn officers approximately 12,202 hours that would have been spent processing arrestees. Project identifiers: See JAG Identifiers (attached) Community Policing; Detention (Non-residential). The Garden Grove Police Department implemented the Community Policing philosophy many years ago. Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. 2012-DJ-BX-2532 20A-21 Page 14 of 30 ATTACHMENT A 2012-DJ-BX-0057 Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) The funds retained by the City will help to offset the annual cost of the jail services contract. For FY 2012-13 the monthly cost of the contract will remain $40,965. The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor. Personnel services provided under this contract guarantee 24/7/365 staffing of the jail at 9.6 FTE. Timeline and/or project plan: Identify when the goals and objectives will be completed The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in the City. Funding: Total Allocation: $43,185 PROACT Contribution: (0%) $0 Administrative Fee (9%): $3,887 Funds Retained by City/County: $39,298 2012-DJ-BX-2532 20A-22 Page 15 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Huntington Beach The City of Huntington Beach Police Department, Huntington Beach, California proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Planning, evaluation, and technology improvement Program Narrative: Outline the Proposed program activities - 1) The police department will create a computer training lab for employees within the police department. 2) The department will purchase a scanner to allow reports for felony in custody arrests to be filed electronically with the courts. 3) The department will purchase dictation software for employees to create and edit law enforcement related reports and documents. Provide a brief Analysis of the need for the programs - 1) Computer technology and software improvements require ongoing training to keep employees competent in their use. 2) Orange County Superior Court is going to require felony court packages to be filed electronically. The detective bureau currently does not have a scanner to scan the paper reports. 3) Employees who can dictate and edit their reports with software will reduce their report writing time to allow them to spend more time in proactive law enforcement duties. Goals of the proiect: 1) To improve police department employees competency and skill level using computers and software for law enforcement purposes. 2) To comply with the new requirements of the courts requiring the court packages to be filed electronically. 3) To provide dictation software to police department employees for creating and editing police reports and law enforcement related documents. Strategies to be used for project: 1) Create a training lab with 13 work stations (12 students and one instructor) to provide a classroom styled learning environment. 2) Purchasing a scanner to allow detectives to create the electronic court packages as required by the court. 3) Purchase and use dictation software for law enforcement reports to allow them to complete thorough reports in a timely manner allowing them to go back into patrol service in less time. Proiect identifiers: See JAG Identifiers (attached) Computer software/hardware Court Delay Reduction Computer software/hardware 2012-DJ-BX-2532 20"-23 Page 16 of 30 ATTACHMENT A 2012-DJ-BX-0057 Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & other category) 1) The 13 computers and monitors will cost $13,846 for the computer training lab which will be purchased with grant funds. The remaining costs for the computer training lab will be absorbed with the police department budget. 2) The scanner for felony court packages will cost $6,027 in grant funds. No other expenses are expected. 3) The dictation software is $593 per license. The remaining grant funds of $8,373 allocated to Huntington Beach will be used to purchase 14 licenses to be assigned for use by police officers. Timeline and/or project plan: Identify when the goals and objectives will be completed - The computer training lab will be operational by December 2012. - The scanning of reports for felony court packages will be implemented within 60 days after receiving the grant funds. - The implementation of the dictation software will occur within 60 days after receiving the grant funds. Funding: Total Allocation: $31,040 PROACT Contribution: (0%) $0 Administrative Fee (9%): $2,794 Funds Retained by City/County: $28,246 2012-DJ-BX-2532 20A-24 Page 17 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Irvine The City of Irvine (Police Department) proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: The Purpose Area for the stated project will be to support frontline law enforcement in the area of education. Program Narrative: The City of Irvine is a master planned community spanning over 65 square miles and geographically is that largest municipality in Orange County. The City's population is approaching 219,000 and has dramatically increased as a result of several new residential developments. Irvine's daytime population, including the business community, is estimated at over 350,000. Irvine is also home to 36 public schools and the University of California Irvine with a student population of 22,122. In response, the Irvine Police Department has grown considerably and currently consists of over 200 sworn officers and 90 non- sworn civilian employees. In order to broaden leadership skills among frontline law enforcement supervisors, a dynamic and impactful training course is planned to take place in the fall of 2012. The training course will include several topics covering leadership traits, risk management, effective communication, employee morale/wellness, strategic planning and training for success. The Irvine Police Department is proud of the men and women who make up its ranks and deserve the best leadership possible. Many of the Department's frontline supervisors have been in their current positions for less than three years and would benefit from receiving enhanced training in the aforementioned areas. Goals of the project: To ensure a forward-thinking, proactive supervisory unit who will carry the Irvine Police Department into the next decade. These supervisors will develop a better working understanding of- -Leadership principles -Risk management techniques -Effective communication skills -Employee morale and wellness measures -Efficient planning models -Training techniques for success Strategies to be used for proiect: This training will be presented in an intensive and compressed one-day course, facilitated by a professional trainer. The presenter will engage the supervisors to participate in a dynamic class discussion on leadership and the above topics. Success will be measured by the number of participants and comparing the supervisors' leadership skills before and after the training. Project identifiers: -Law Related Education -Policing 2012-D1-BX-2532 20A-25 Page 18 of 30 ATTACHMENT A 2012-DJ-BX-0057 Budget and Budget Narrative: The Department of Public Safety will interview and select the best qualified trainer within the budget parameters to provide the enhanced training. The Justice Assistance Grant will be solely used to cover costs associated with the "Consultant/Contract" fee for the trainer. Timeline and/or project plan:. The proposed project is anticipated to be initiated and completed within twelve-months of receiving the 2012 Justice Assistance Grant. Funding: Total Allocation: $10,278 PROACT Contribution: (10%) $1,028 Administrative Fee: (9%) $925 Funds Retained by City: $8,325 2012-DJ-BX-2532 20A-26 Page 19 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: La Habra The City of La Habra proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Purpose area is Law Enforcement Technology Improvement Program Narrative: Outline the Proposed program activities The La Habra Police Department proposes to use the 2012 JAG funds to purchase a replacement booking mug shot software system. The current system (CABS) is at the end of its life and the manufacturer no longer supports this software. The City of La Habra has not budgeted fund to replace the aging photography software. It is imperative that the jail begin to utilize a new booking photo capture system to record and retain booking photos of arrestees. Provide a brief Analysis of the need for the programs - The current booking photo system is outdated, functioning poorly and is no longer supported by the vendor who created it. There is no way to repair the software once it fails. Digital mug photos are the standard in Orange County and like all other Orange County agencies, La Habra PD uses the "Hunter Camera System" in its jail. While this system operates the camera, it is dependant on mug photo capture and management software to function. Goals of the project: The goal of this project is to purchase booking photo software. Strategies to be used for proiect: Staff at La Habra PD has obtained a bid for a suitable jail photo management software system (JLBaRS) from an Orange County based police I.T. consulting firm. The entire JAG grant allocation for the City of La Habra ($11,308) will be spent on this software purchase at a cost of $16,114. The balance of the purchase price, roughly $4,800 will come from City funds. Project identifiers: See JAG Identifiers (attached) Computer hardware/software Criminal Intelligence Information Systems Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) The jail booking photo management system cost $16,114. The full allocation of $11,308 will be spent on this purchase. The balance will come from non-budgeted City funds. 2012-DJ-BX-2532 20A-27 Page 20 of 30 ATTACHMENT A 2012-DJ-BX-0057 Timeline and/or project plan: Identify when the goals and objectives will be completed This project involves a relatively simple purchase and installation of computer software and it is anticipated to be completed within 120 days of grant approval. Funding: Total Allocation: $13,960 PROACT Contribution: (10%) $1,396 Administrative Fee (9%): $1,256 Funds Retained by City/County: $11,308 2012-DJ-BX-2532 20A_28 Page 21 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Newport Beach The City of Newport Beach proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Prevention and Education Program Narrative: Maintaining the high level of crime prevention that resulted from the establishment of a Crime Prevention Program under the LLEBG program (now JAG). The Newport Beach Police Department has seen a steady rise in burglary from motor vehicles crimes. The Department is utilizing several crime prevention campaigns to educate community members on how to avoid becoming a burglary from motor vehicle victim. This includes our TLC, Take your valuables, Lock your car, and Close your Windows community outreach program. . Goals of the Proiect: The goal of the program is to maintain a highly visible program dedicated to 1) Preventing Crime, 2) Disseminating correct and realistic information about criminal activity and crime prevention, and 3) Enhancing the perception of security within the community. Strategies to be used for Project: Conduct Neighborhood watch meetings, crime prevention meetings, and the distribution of community crime alert bulletins to keep the community informed of current crime trends in an effort to better prepare the community to take crime prevention measures. Utilization of evolving social media mediums to deliver the Department's crime prevention messages. Proiect identifiers: See JAG Identifiers (attached) Newport Beach Police Department identifies this project as Crime Prevention. Budget and Budget Narrative: The funds from this grant will off-set the annual salary and benefits of our full-time Crime Prevention Specialist ($109,712). Timeline and/or Proiect Plan: Identify when the goals and objectives will be completed This Crime Prevention Specialist position will be continually funded throughout the life of the grant. Funding: Total Allocation: $10,048 PROACT Contribution: $1,005 Administrative Fee (9%): $904 Funds Retained by City: $8,139 2012-DJ-13X-2532 20"-29 Page 22 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: ORANGE The City of Orange proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: The purpose area for use of funds is Law Enforcement. Program Narrative: Each year more than five thousand pieces of property and evidence are processed, cataloged and booked into the Orange Police Department's property and evidence room. With over 400 firearms and 3000 plus narcotics cases at any one time, attention to detail is a must. Organization and proper retention of these items is often a daunting and relentless task requiring specialized equipment to properly maintain and store these items for extended periods of time. In 2011, the Orange Police Department began a reorganization process to catalog and efficiently store items in its possession. This reorganization requires the procurement of additional shelving and storage units. Goals of the Project: To procure several shelving units which include secure, open, and wire shelving to better organize and store property processed and booked by the Orange Police Department. This equipment will allow for the efficient storage and safekeeping of items, as well as affording the ability to organize and audit these items with greater efficiency. Strategies to be used for project: Not Applicable Proiect identifiers: The JAG Identifier is equipment-general. Budget and Budget Narrative: Jag funds will be used to purchase and install shelving unit within the Property and Evidence room as follows: Heavy Duty Shelving Rows One and Two- Secure Shelving. Each row is comprised of two sections and has the cumulative dimensions of. 7' 3/4"Lxl8' 1/16"Dx97"W. Each section is configured with eight shelves and seven openings. Each row has one roll down security door. Doors are keyed alike. Rows Three and Four- Open Shelving. Each row is comprised of six sections and has eight cumulative dimensions of. 22'1/4" Lx18' 1/16"Dx97"W. Each section is configured with eight shelves and seven openings. 2012-DJ-BX-2532 20A_30 Page 23 of 30 ATTACHMENT A 2012-DJ-BX-0057 Wire Shelving • Four sections. Each section id 36"Wx24"Dx63"H and is configured with five shelves and four openings with casters. The total cost of this equipment, including all applicable freight, installation and sales tax is $14,485.00 Timeline and/or project plan: Once the funds are received and made available through the City's normal approval process, it is anticipated that bidding and equipment ordering will be completed in six to eight weeks. Once the equipment is delivered and installed, it will be put to use immediately. The difference in the cost of the project and the JAG funds received leaves a balance of $3061. This balance will be offset by Prop 69 funds received earlier from the county. Funding: Total Allocation: $13,551 PROACT Contribution: (6.7%) $908 Administrative Fee (9%): $1,220 Funds Retained by City/County: $11,423 2012-DJ-BX-2532 20A-31 Page 24 of 30 ATTACHMENT A 2012-DJ-BX-0057 Santa Ana City: The City of Santa Ana proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: - Law Enforcement; Program Narrative: Outline the Proposed program activities Through the use of grant funding the City of Santa Ana will augment its Gang Enforcement Units, and Career Criminal Unit with suppression units working overtime to target enforcement of gang members and Career Criminals involved in violent behavior. The department currently lacks the manpower and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most affected by the current state of affairs and will be funded for the three year grant period. This funding will equate to approximately 1,370 hours of additional law enforcement presence on our streets. The Santa Ana Police Department is additionally providing 10% of its allocated funds to Pro-Act Program in support of their operational needs Provide a brief Analysis of the need for the programs - The Santa Ana criminal street gang population of approximately 6,900 which accounts for the less than two percent of the City's population, this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods. Goals of the proiect: The goal of this project is to reduce criminal activity and increase public safety through enhanced enforcement efforts Strategies to be used for proiect: The use of selective enforcement overtime coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals: 1. Contact gang members and Career Criminals to gain intelligence and investigative information for prosecutorial purposes 2. Increase the number of arrests and prosecution of gang members and Career Criminals 3. Reduce the fear gang members and Career Criminals evoke in the community through high visibility police presence and enforcement activities 2012-DJ-BX-2532 20A-32 Page 25 of 30 ATTACHMENT A 2012-DJ-BX-0057 Project identifiers: Gangs; Career Criminals Budget and Budget Narrative: Funds will be utilized for personnel overtime. No funds are allocated for travel, supplies, consultants or contracts. Overtime: $102,765.00 1,370.2 hours @ $75 per hour Timeline and/or proiect plan: Identify when the goals and objectives will be completed Months 1-36: Gang Enforcement and Career Criminal enforcement continues throughout the life of the grant Funding: Total Allocation: $126,869 PROACT Contribution: (10%) $12,687 Administrative Fee (9%): $11,418 Funds Retained by City/County: $102,764 2012-D7-BX-2532 20A-33 Page 26 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Stanton The City of Stanton proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Areas: Law enforcement The City of Stanton is a diverse community presenting unique challenges for law enforcement. A large Hispanic immigrant population and the resulting language barrier can cause a gap between residents, businesses and law enforcement providers. In many cases immigrant residents are fearful of police due to their immigration status. Stanton is home to several active criminal street gangs which use fear and intimidation of residents as a method for ensuring many crimes are never reported to police. Through implementation of community policing practices we intend to increase awareness and positive interaction among residents, business owners and law enforcement in a community effort to reduce crime. Reducing crimes against persons and businesses will help ensure that the City of Stanton has an active and flourishing business community supported by its residents. It is a commonly recognized fact that public support is necessary for business to flourish. This is also the case for police effectiveness in accomplishing their core mission of preventing crime. Building relationships with the public increases police legitimacy and affects how well they can control crime. Prozram Narrative: Outline the Proposed program activities To increase law enforcement presence in the community. Use of overtime to place personnel into problem areas of the City, either on foot, bicycle or patrol car. Their efforts will be directed to combat a growing graffiti, gang, and other crime problems. This will be done in an effort to reduce crime and blight in the City of Stanton. Provide a brief Analysis of the need for the programs - Staff will determine target areas for which personnel will utilize crimes and calls for service data and work with the OCSD Crime analysis unit to patrol during times that have higher activity levels. The target areas will be chosen based upon level of calls for service, citizen complaints, Part I and II crimes. The type of area will also determine the type of patrol to be used, certain high density housing areas will use either foot or bicycle patrol. Larger sprawling gang areas may require a vehicle. Goals of the proiect: It is our intent to approach every community in Stanton in the next 12 months and direct personnel to combat or eliminate their specific problem(s) whether it is graffiti, loitering, illegal drug activity, public alcohol consumption or otherwise. We are also working with the City of Stanton to determine enforcement and presence needs during their upcoming community events. 2012-DJ-BX-2532 20A-34 Page 27 of 30 1 ATTACHMENT A 2012-DJ-BX-0057 Strategies to be used for project: Community policing efforts are already underway in Stanton. Previous JAG and other grant funding has allowed us to implement a gang education and prevention program in our local schools and to conducted limited neighborhood and business watch activities. Currently funds are limited for targeting specific areas that are experiencing increased vandalism/graffiti and increased complaints. Project identifiers: See JAG Identifiers (attached) Overtime (Deputies for directed enforcement efforts) Budget and Budget Narrative: Personnel OT- $8,946.10 Timeline and/or project plan: Identify when the goals and objectives will be completed Community policing efforts are already underway in Stanton. Previous JAG and other grant funding has allowed us to implement a gang education and prevention program in our local schools and to conducted limited neighborhood and business watch activities. Currently funds are limited for targeting specific areas that are experiencing increased vandalism/graffiti and increased complaints. It is our intent to approach every community in Stanton in the next 12 months and direct personnel to combat or eliminate their specific problem(s) whether it is graffiti, loitering, illegal drug activity, public alcohol consumption or otherwise. We are also working with the City of Stanton to determine enforcement and presence needs during their upcoming community events. Funding: Total Allocation: $11,710 PROACT Contribution: (10%) $1,171 Administrative Fee: (9%) $1,054 Funds Retained by City/County: $9,485 2012-DJ-BX-2532 20"-35 Page 28 of 30 ATTACHMENT A 2012-DJ-BX-0057 City: Westminster The City of Westminster proposes to use the 2012 Justice Assistance Grant funding as follows: Purpose Area: Law Enforcement Program Narrative: These grant funds are intended to provide the funding costs for 1 part-time Property Technician/Police Aide to be shared by the Westminster Police Department's Forensic Services and Property and Evidence Divisions. Due to the recent advancements in the ability of criminal laboratories to detect a person's DNA in minute amounts and on almost any type of surface, greater emphasis has been placed on collecting DNA evidence at crime scenes for possible suspect DNA. Historically, DNA typing was laborious and time consuming in the laboratory, so DNA sampling was only obtained in the most serious crimes. However, since the laboratory time and the size of the sample required for an identification has significantly decreased; the demand to collect samples has significantly increased. Westminster Police officers are now collecting DNA samples on all criminal cases. The large volume of suspect and victim elimination samples has caused a significant backlog in the Westminster Police Department's ability to collect and process DNA related evidence items. The grant funded Property Technician/Police Aide will primarily perform related tasks including, but not be limited to, the collecting, packaging, filing, and transferring of DNA related evidence between police officers, Forensic Services, Property and Evidence and outside criminal laboratories. Goals of the proiect: The goal of the project is to eliminate the back log of DNA samples that need to be properly processed in such a manner that it meets the evidentiary chain of custody required by law. If the backlog can be eliminated, the technician will be utilized for the efficient processing of evidence between Forensic Services and Property and Evidence until the 2012 JAG Grant funds are exhausted. Strategies to be used for the proiect: Existing full-time Forensic Services Technicians and the full-time Property and Evidence Specialist will determine the most efficient way for the Property Technician/Police Aide to reduce and/or eliminate the backlog of DNA samples. Proiect identifiers: Law Enforcement- Process DNA samples to help identify criminal suspects 2012-DJ-BX-2532 20A_36 Page 29 of 30 ATTACHMENT A 2012-DJ-BX-0057 Budget Narrative: Part-time Technician: The cost of this position per hour, including part-time benefits, is approximately $19.94. The Part-time Technician will work approximately 20 hours per week for 44 weeks, or 889 hours or until the 2012 funds are exhausted, for a total of $17,730 Timeline and/or proiect plan: The 2012 JAG Grant funds will be utilized to hire a part-time Property Technician/Police Aide as soon as the funds became available. The position will be maintained until the funds are exhausted (Approximately 10 months). Funding: Total Allocation: $19,483 PROACT Contribution: (0%) $0 Administrative Fee (9%): $1,753 Funds Retained by City/County: $17,730 2012-DJ-BX-2532 20A-37 Page 30 of 30 ATTACHMENT B 2012-DJ-BX-0057 HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on vour cities letterhead that includes or states the following. A. Your agency's request for reimbursement in the amount of $ ; B. Against Grant Award#2012-DJ-BX-0057; C. List of items purchased and types of costs being claimed for the quarter that match your city's initial write-up/request; D. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide; E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. FEDERAL FINANCIAL REPORT Your agency is required to submit quarterly Federal Financial Report using a Standard Form SF-425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The Federal Financial Report is due at the Sheriff's Department Financial Division by the due dates indicated below: Qtr. ending 03-31-YY due no later than 4/10 Qtr. ending 06-30-YY due no later than 7/10 Qtr. ending 09-30-YY due no later than 10/10 Qtr. ending 12-31-YY due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ-OJP website at: http://www.ojp.usdoi.gov/funding/forms.htm B. INVOICE BILLING OCSD a. The package should include an invoice from the city billing the Orange County Sheriffs Department (OCSD). The invoice/bill should reference the grant name, grant number and quarter ending date. b. OCSD will reference your city's invoice number when reimbursement is made to your city. C. BACKUP DOCUMENTS a. All invoices/receipts and relevant purchase orders pertaining to federal monies spent. b. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. c. Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter. All of the above documents must be provided to our office; otherwise your claim will not be processed. Please send your claims to: Orange County Sheriffs Department-Financial/Admin. Division Attn: Karla Lazaridis 320 N. Flower Street, Suite 108, Santa Ana, CA 92703. If you have any questions please call Karla Lazaridis at (714) 834-6675. 20A-38 t- Lf) O 0 Qa r? A i N O N ,O s.. RS U F•r 2 W V F Q d 00 m Izi' O LO .-+ O %D CO 00 O` 1?0 r} LO N CO O rn m ? LI- d• \D Ln m O m p .a CC y. L? , M d" .LO -1 N N m m ri r- r, .? '? •? ' c 1 -i h O C Cr C 07 rl C C7 N O1 L" L y !? CJ r 1 O0 r-i N N m N r--1 -1 O r1 L6 O . ` ? • 0) w M a? ? d b4 fi } ?h ice} {f} b4 } b4 } ?r4 ti} F}} {o:} {fit ON O L.I) r-? 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O , c,Y ,a z c , O cn U;r , O F U C Q C Q L C a N rl O N 20A-39 ATTACHMENT D ' 2012-DJ-BX-0057 FY2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award. Quarterly Programmatic (PMT) and Federal 1512 Reporting periods are: January 1- March 31 April 1- June 30 July 1- September 30 October 1- December 31 Reporting requirements must be met during the life of the grant. A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at llttp://www.ojp.usdoj.gov/financialguide/index.htm. Also check special conditions on awards for additional reporting requirements. GPRS will not permit access to funds if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide, Post award Requirements, Audit Requirements and in OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 20A-40 ATTACHMENT D 2012-DJ-BX-0057 The submission of audit reports for all grantees shall be as follows: • State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East 10th Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http://harvester.census.gov/sac. Do NOT submit your audit reports to OJP unless specifically requested. • Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Direct any questions regarding the grant program to Susie Cabrera. scabreragocsd.or? 431 The City Drive South Orange, CA 92868 (714) 935-6869 20A-41 TT.AC H M E N T E Department of Justike Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 June 29, 2012 Mr. Bill Campbell County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Campbell: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the. FY 12 Edward Byrne Memorial Justice Assistance Grant (JAC) Program Local Solicitation in the amount of $465,007 for County of Orange. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports; resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand, Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Carrie Booth; Program Manager at (202) 305-7426; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask,ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise ODonnell Director Enclosures 20A-42 Department of Justice Office of JusticePrograms Office for Civil Rights Waxldngton. D.C. 20531 June 29, 2012 Mr. Bill Campbell County of Orange 10 Civic Center Plaza Santa Ana, CA 92701 Dear Mn Campbell: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OR), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect.to employment practices but also in the delivery of services- or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited Englisb Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to. Title VI of the Civil :Rights Act of 1964,42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment forFalth-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant orrecipient-The regulation prohibits State Administering Agencies from:making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the. Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The.Equai Treatment Regulation also makes clear that organizations. participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.asdoj.gov/ocr/effl)o.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Ac4 as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination-on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding tinder the applicable program statutes both to.receive DOJ funds and to continue considering religion when hiring staff; even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. 20A-43 Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant.award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards, Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(e), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or3l.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, your organization must comply with the following ESOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit itto OCR for review within 60 days from the date of this letter, For assistance in developing an EEOP, please consult OCR's website athtip:/Iwww.ojp.usdoj.gov/0crieeop.htm. You may also request technical assistance from an ESOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an ESOP, but it does not have to submit the EEOP to OCR for review, Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/0crleeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization i s exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at httpJ/www.ojp.usdpj.gov/ocr/6eop.htm, 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an ESOP, reporting Findings of Discrimination, and providing-language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we canassist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our. website at http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 20A-44 Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 7 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) i 4. AWARD NUMBER: 2012-DI-BX-0057 County of Orange 10 Civic Center Pizza 5. PROJECT PERIOD: FROM 10/012011 TO 091302015 Santa Ana. CA 92701 BUDGET PERIOD: FROM 1010112011 TO 09/302015 6. AWARD DATE 061292012 7. ACTION 1 A. GRANTEE IRSNENDORNO. 8. SUPPLEMENT NUMBER Initial 950W9281 OD 9. PREVIOUS AWARD AMOUNT $0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $465,007 Programs Local Law Eoforcetnent _-- . I11.TOTALAWARD -? $465.007 -.----- --.?_ __. ..----- 12. S PECIAL CONDMONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project.is supported under FY 12(BIA - JAG) 42 USC3750, ct seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Bill Campbell Board of Supervisors Chair Director I I i 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE - -- - ^ ( AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21 • LDJUG*M141 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 465007 OJP FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 (REV. 4$8) 20A-45 Department of Justice I Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-6X.M7 AWARD CONTINUATION SHEET Grant AWARD.DATE 06129/2012 PAGE 2 OF 7 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights; is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time m the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements maybe imposed, if outstanding audit issues: (if any) from OMB Circular.A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands' and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemmenf, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of-Justice Investigations Division 950 Pennsylvania Avenue; N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotiine@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is:available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it.cannot use any federal funds, either directly or indirectly; in support of any contract or subaward.to either the.Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. O1P FORM 40002 (REv. 4-88) 20A-46 Department of Justice ? e 4 Office of Justice Programs y Bureau of Justice Assistance i I I PROJECT' NUMBER 2012-D1-BX-M7 AWARD CONTINUATION SHEET Grant AWARD DATE 06/_W2012 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/fundingtocr.hnn (Award:condition. Central Contractor Registration and Universal Identifier Requirements), and.are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing TextMessaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce, policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.ojpgov/funding/confcosLhtm. 11. The recipient agrees to comply with applicable requirements to report first,tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipienis of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The. details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a. natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). 12. The recipient agrees that all income generated as a.direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award, including such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as applicable, either (l) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 01P FORM 4000n (REV. 4-88) 20A-47 Department of Justice Office of Justice Programs Bureau of Justice Assistance ?Win..Mp V PROJECT NUMBER 2012-DJ-BX-0057 AWARD CONTINUATION SHEET PAGE 4 OF 7 Grant AWARD DATE 06292012 SPECIAL CONDITIONS 13. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly; the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that.any of the following activities will be funded by the grant; the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third parry and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, awetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed byBJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,. as detailed at http://www.ojp.usdoj.gov/BJA/resource/ncpa.hhW, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 14. To avoid duplicating existing networks or IT systems in any :initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 15. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OR requires the grantee to comply with DOJ's Global Justice Information. Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondidon. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. ON FORM 400012 (REV. 4-88) 20A-48 FMWw„I! Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 7 Grant PROJECT NUMBER 2012-DJ-BX-0057 AWARD DATE 06)292012 SPECIAL CONDITIONS 16. The recipient is required to establish a trust fund account (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report(SF-425). 17. JAG funds maybe used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 18. The recipient agrees to submita signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for bulletproof vest purchases. This policy must be in place for at least all uniformed officers before any FY 1012 JAG funding can be used by the agency for bulletproof vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 19. Bulletproof vests purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with, applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology(body-armor/safety-iiiifafive.htm, 20. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28. C.F.R. Part 23 to be applicable, OR may, at its discretion, perform audits of the system; as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such afore with federal funds. 21. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. in.addition, the recipient agrees to maintain an. administrative file documenting the meeting of this requirement. Fora list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPracdce&page=1046. 22. The grantee agrees to comply with the applicable requirements of 28 CT.R. Part 38, the Department of Justice regulation governing "Equal. Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment See hup:/Iwww.ojp.gov/about/ocr/equaLfbo.htni. 23. The recipient acknowledges that all programs funded through subawards; whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. OJP FORM 4000/2 (REV. 4-88) 20A-49 - Department of Justice Office of Justice Programs i, Bureau of Justice Assistance PROJECT NUMBER 2012-DJ-BX-0057 AWARD CONTINUATION SHEET Grant AWARD DATE 06/29/2012 SPECIAL CONDITIONS 24. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of institutional Review Board approval, if appropriate, and subject informed consent. 25. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 CAR. Part 22 and, in particular, section 22.23. 26. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 27. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https,.//grants-ojp-usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive' funding under this solicitation must provide data that measure the results of their work Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.lijaperformancetools.org). For more detailed information on reporting and other JAG. requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 28. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and.monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 29. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS).to document changes. 30. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJAs Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJAs web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). OJP FORM 40002 (REV. 4-88) 20A-50 Department of Justice Office of Justice Programs ,, Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 7 PROJECT NUMBER 2012-DJ-BX-0057 AWARD DATE 0612912012 SPECIAL CONDITIONS 31. With respect to this award, federal funds.may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES).at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation oncompensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 32. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 33. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 01P FORM 400012 (REV. 488) 20A-51 Department of Justice z Office of Justice Programs Bureau of Justice Assistance Warhiagroe, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for County of Orange The Edward Byme Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must fast determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.govBJA/resource/nepa.htrnl. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 20A-52 Department of Justice GRANT MANAGER'S MEMORANDUM, PT. 1: Office of Justice Programs PROJECT SUMMARY i Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF i 2012-DJ-BX-0057 This project is supported under FY12(BJA - JAG) 42 USC 3750, et seq. 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Came Booth Susie Cabrera (202) 305-7426 Administrative" Manager 431 The City Drive South Orange, CA 92868-3303 (714) 9356869 3a. TITLE OF THE PROGRAM - 3b. POMS CODE (SEE INSTRUCTIONS BJA FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program ON REVERSE) 4. TITLE OF PROJECT Local Law Enforcement Programs 5. NAME & ADDRESS OFGRANTEE 6. NAME & ADRESS OF SUBGRANTEE County of orange 10 Civic Center Plaza Santa Ana, CA 92701 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2011 TO: 09/3 012 0 1 5 FROM: 10/01/2011 TO: 09130/2015 1 9. AMOUNT GF A WARD I0. DATE OF AW ARD 1 S465,007 06/2912012 1 I. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13, THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15, SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support abroad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training1 personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs: 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The County of Orange will receive grantfunds under the Bureau of Justice Assistance FY 2012 JAG Local Program. The funds will be utilized to support abroad range of activities to prevent and control crime within the community. The County, has been certified as disparate and the joint application includes fourteen units of OJP FORM 40002 (REV. 488) 20A-53 local government for which the applicant and focal agent is the County of Orange. The goals of the project are to meet local and state initiatives such as: fund technical assistance; training, personnel, equipment, supplies, contractual support, infornim ion systems for criminal justice, and criminal justice related research/evaluation activities that will improve or enhance law enforcement specific programs. NCA{NCF ---- _----- _._.?J 20A-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: SECOND AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITY OF TUSTIN AND AMENDMENT TO THE FY 2012/2013 CAPITAL IMPROVEMENT PROGRAM FOR WARNER AVENUE AND GRAND AVENUE WIDENING PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached second amendment to the Joint Exercise of Powers Agreement with the City of Tustin for reallocation of Transportation System Improvement Program area fees and bond proceeds, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Amend the Fiscal Year 2012/2013 Capital Improvement Program, and approve an appropriation adjustment accepting funds in the amounts of $8 million from City of Tustin Community Facilities District bond proceeds, and $2,919,046 from Transportation System Improvement Program Area B fees into the Transportation System Improvement Area Revenue Fund, and appropriating $10,919,046 to the Transportation System Improvement Area Expenditure Fund for the Warner Avenue Widening Project from Main Street to Grand Avenue. 3. Amend the Fiscal Year 2012/2013 Capital Improvement Program, and approve an appropriation adjustment accepting funds in the amount of $2,790,262 from Transportation System Improvement Program Area A fees into the Transportation System Improvement Area Revenue Fund, and appropriating the same amount to the Transportation System Improvement Area Expenditure Fund for the Grand Avenue Widening Project from First Street to Fourth Street. DISCUSSION The Cities of Santa Ana and Tustin (Cities) entered into a Joint Exercise of Powers Agreement (JPA) dated November 6, 1989, creating a Transportation System Improvement Authority (TSIA) and two Transportation System Improvement Program (TSIP) areas that allow the Cities to charge fees to new development to offset the cost of transportation system improvements within these areas (Exhibit 1 a). On February 22, 2001, the JPA was amended to include a funding mechanism to finance improvements in Santa Ana that would mitigate the traffic impacts identified in the 20B-1 Second Amendment to Agreement With City of Tustin for JPA October 15, 2012 Page 2 environmental documents of the development of the former Marine Corps Air Station (MCAS) in Tustin. On April 17, 2006, the City Council approved a Joint Community Facilities Agreement with the City of Tustin which required Tustin to fund transportation improvements to the Grand/Edinger and Grand/Dyer intersections through the issuance of a Community Facilities District (CFD). Santa Ana is in the process of preparing the environmental analysis for the Warner Avenue Widening Project from Main Street to Grand Avenue (Exhibit 1b). This priority project will widen Warner from two to three lanes in each direction, including construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, and bike lanes. The MCAS final environmental documents determined that the Warner Widening Project provides as equivalent a level of mitigation as the Grand/Edinger Intersection Project. Based on this analysis, the Cities now desire to transfer $8 million in CFD bond proceeds from the Grand/Edinger Intersection Improvement Project to the Warner Avenue Widening Project between Main Street and Grand Avenue. Additionally, the Authority Governing Board met on October 11, 2012, and approved additional allocations of $2,790,262 in TSIP Area A funds for the Grand Avenue Widening Project from First to Fourth (Exhibit 1c), as well as $2,919,046 in TSIP Area B funds for the Warner Avenue Widening Project. To utilize the CFD and TSIP Areas A and B funds, an amendment to the Capital Improvement Program for Fiscal Year 2012/2013 and an appropriation adjustment recognizing these funds is necessary. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Transportation System Improvement Area Funds (accounting units 99117950-66220 and 99217950-66220). APPROVED AS TO FUNDS AND ACCOUNTS: e? Raul odinez II Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency/ RG/JG Exhibits: 1. Location Maps 2. Agreement 20B-2 W/S EAST N/S ?v? N/S FAIRHA LEGEND --------- CITY LIMIT T. S. I . P. BOUNDARY EXHIBIT 1 a l SANTA ANA TRLE: CITY COUNCL SECOND AMENDWENI' TO JOINT EETNERJOISSE OF P W A AGENDA DATA AMND AME DLE NT TO THE FY 202108 CAPITAL PICu OCT. 15 2012 MuPROVEkENT PROGRAWI FOR WARNER AVENUE AND GRAND AVENUE WDENNG PROJECTS N 2 W 20B-3 20B-4 GRAND,' AV I I I I I I STAND RDA E Mill 1 J ac - w z - ? a 3 F- I LEGEND: ® PROJECT LIMITS i -7 - - -MirfWEI EXHIBIT 1 b A cRkL. N.r.f.? SANTA ANA CRY COIMCL SECOND AMENDMENT TO JONT EXERCISE OF "VMS A AGB?DA DATA POWERS AGE WRH TM CRY OF TUSTN AND AMENDMENT TO THE FY 2012/2= CAPITAL .OE,fC, OCT, 15. 2012 APROVBMBW PROGRAM FOR WAFMM AVENUE AND GRAND AVENUE WIDENING PROJECTS 20B-5 20B-6 N (NTS) ! LEGEND: IMPROVEMENT AREA EXHIBIT 1c SANTA ANA TITLE: BEOOPD AMENDMIEVT TO H TFE CrTY OF TUUM AM AMENDMENT TO TW OM. I& 2m R oap ?• VYRFlrG?2Q13 CmAWAL IMPROVEMENT T ROGRAM Lfo W A s - ?G[NCr VII"Y7ifu ?V M PROJEC13 1 I1VG1?L/G i 20B-7 FIRST STREET FOURTH STREET 20B-8 EXHIBIT 2 SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN-SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY THIS SECOND AMENDMENT to the Joint Exercise of Powers Agreement ("Second Amendment') is entered into as of March 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Santa Ana") and the City of Tustin, a municipal corporation ("Tustin"). RECITALS A. Santa Ana and Tustin entered into a Joint Exercise of Powers Agreement dated November 6, 1989, creating the Santa Ana/Tustin Transportation System Improvement Authority ("JPA Agreement'). This JPA Agreement created two Transportation System Improvement Program ("TSIP") areas and, pursuant to the provisions of Government Code section 6500 et seq., established a legally separate, joint exercise of powers authority (the "Santa Ana/Tustin Transportation System Improvement Authority") to exercise various defined powers within the TSIP areas. These powers include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and implement area-wide circulation improvements. B. By Amendment to JPA Agreement (the "Amendment'), dated February 22, 2001, the Parties established a funding mechanism to finance off-site traffic improvements within the jurisdictional boundaries of Santa Ana (the "Improvements") required to mitigate the effects of development of the MCAS Tustin property, identified in the Final Environmental Impact Statement /Environmental Impact Report for the Disposal and Reuse of MCAS Tustin (the "FEIS/FEIR"). C. The Santa Ana Improvements include both the Grand and Edinger intersection and the Grand and Dyer intersection in Santa Ana, and require that Tustin pay its fair share of the Total Costs of both short and long range improvements. D. The Amendment provides that Santa Ana, in cooperation with Tustin, may select and implement alternative improvements to those identified in the Amendment as requiring funding by Tustin. E. The City of Tustin and the City of Santa Ana entered a Joint Community Facilities Agreement, dated May 1, 2006, to provide for the financing of the Santa Ana improvements through issuance of City of Tustin Community Facilities District No. 06- 01 (Tustin Legacy/Lennar Homes) ("Community Facilities District"). F. Tustin in September 2011 previously released bond proceeds from the Community Facilities District to pay the total cost of Improvements to Grand and Dyer in the amount of $296,060.00 based on a request from Santa Ana, and Santa Ana released Tustin from any further Improvement obligations under the JPA Agreement with an Acknowledgement and Release dated March 28, 2011. 20B-9 H. Santa Ana desires to utilize bond proceeds from the Community Facilities District to pay the cost of certain alternative traffic mitigation measures which they have determined to provide an equivalent level of mitigation to Grand and Edinger Improvements identified in the Amendment, and will release Tustin from its obligation to pay its fair share total cost of all remaining Grand and Edinger Intersection Improvements. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, Tustin and Santa Ana agree as follows: Section 1. Selection of Alternative Improvement Pursuant to Section D of the Amendment, "Alternative Improvements", Santa Ana hereby selects, and Tustin approves, releasing bond proceeds from the Community Facilities District in the amount of Eight Million Dollars ($8,000,000.00) for the Warner Avenue Widening Project as an Alternative Improvement determined by Santa Ana to provide an equivalent level of mitigation for Grand and Edinger Improvements in Santa Ana identified in the Amendment and FEIS/EIR and agreeing that release of these bond proceeds to Santa Ana will constitute Tustin's fair share of the Total Costs of Grand and Edinger Improvements as identified in Section B.2 of the Amendment. Section 2. Funding of Alternative Improvement Upon Tustin's transfer of Eight Million Dollars ($8,000,000.00) to Santa Ana, Tustin shall be thereupon relieved of any further fair share or construction responsibility for the completion of Grand and Edinger Improvements as set forth in Section B.2 of the Amendment. Further, since Santa Ana is electing to utilize the Community Facilities District bond proceeds for Alternative Improvement rather than for the Grand and Edinger Intersection Project, no subsequent mitigation shall be required by Tustin for any inadequacies in this intersection as a result of the improvements not being made to the intersection by Santa Ana as a result of Santa Ana's selection of Alternative Improvements. Section 3. Use of Funds by Santa Ana and Tustin 3.1 Any and all funds received by Santa Ana from Tustin pursuant to this Amendment shall be used exclusively for the Warner Avenue Widening Project. Santa Ana may utilize this money on any phase(s) of the Project, for preliminary costs such as alignment studies, design, environmental documentation beyond the FEIS/FEIR, property appraisal for improvements, property acquisition, relocation, lost goodwill, attorney's fees and court costs, and construction costs. The Parties agree that Santa Ana may utilize the Alternative Improvement funds as match funds to obtain grant funding for the Project. 3.2 Pursuant to Section E. 2 of the Amendment, Eighty-five percent (85%) of TSIA fees collected by Tustin from the MCAS Tustin Project will continue to be solely allocated to Santa Ana for the Warner Avenue Widening Project and utilized exclusively for the Warner Avenue Widening Project until January 1, 2020 only as it 2 20B-10 relates to the TSIP Area B, as amended by Exhibit D. Notwithstanding the status of completion of the Warner Avenue Widening Project as identified in Section E. 2 and any priority originally intended to be given to Improvements to Barranca and Jamboree Road as identified in Section EA of the Amendment, Santa Ana and Tustin mutually agree that any additional TSIA Area B fees generated from MCAS Tustin (the remaining "fifteen percent" or "15%") shall be allocated to Tustin to be used solely for transportation system improvements determined by Tustin for the MCAS Tustin project and its implementation. Section 4. This Second Amendment to the JPA Agreement is intended by the parties as a complete and exclusive statement of the agreement and understanding of the parties hereto in respect to the selection of an Alternative Improvement contained herein. This Amendment supersedes any and all prior restrictions, promises, representations, warranties, agreements, understandings and undertakings between the parties with respect to such alternative improvement. 3 20B-11 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney APPROVED AS TO CONTENT: RAUL GODINEZ, II Executive Director Public Works Agency TUSTIN ATTEST PAMELA STOKER City Clerk CITY OF TUSTIN JEFFREY C. PARKER City Manager APPROVED AS TO FORM: DAVID KENDIG City Attorney APPROVED AS TO CONTENT: CHRISTINE SHINGLETON Assistant Executive Director 4 20B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CONTRACTS AWARD FOR ELECTRICAL SERVICES (SPEC. NO. 12-061) 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 Award contracts for electrical services for a one-year period, with provision for three one-year renewals, in an annual aggregate amount not to exceed $200,000 with the following vendors: Vendor Location A.J. Kirkwood & Associates, Inc. Tustin GA Technical Services, Inc. Rancho Cucamonga Williams & Maher, Inc. Santa Ana DISCUSSION The City maintains in excess of 50 buildings including City Hall, recreation and senior centers, park restrooms, libraries, the police facility and the Corporate Yard. Electrical services are required at times by all City departments for the purpose of rewiring and installing electrical outlets, and general electrical maintenance. Occasionally, critical electrical failures require an immediate response to maintain safety or vital operations. The contracts for electrical service provide for both maintenance and emergency services for all City departments. The notice inviting bids was advertised on September 27, 2012, and bids were solicited. A summary of the bid invitations and bids received is as follows: 21 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 7 Bids received 2 Bids received from Santa Ana vendors 22A-1 Contracts Award for Electrical Services October 15, 2012 Page 2 Bids were received, opened on October 8, 2012, and evaluated (Exhibit 1). The bids received from A.J. Kirkwood & Associates, Inc, GA Technical Services and Williams & Maher, Inc., a Santa Ana vendor, are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to three vendors to allow for competitive quote solicitation for new electrical projects and major repairs. The aggregate annual amount of $200,000 is based upon past usage and staff projections for this contract period. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds account (no. 62320). Francisco Gutierrez Executive Director Finance and Management Services Agency sp Exhibit: 1. Abstract of Bids 22A-2 ABSTRACT OF BIDS CONTRACTS AWARD FOR ELECTRICAL SE RVICES (12-061) VENDOR A.J. Kir kwood & GA Technical Gilbert & Littlejohn Associates, Inc. Services, Inc. Stearns, Inc. Reuland Corp. Ran cho LOCATION Tustin Cuc amonga Santa Ana Vernon Material Cost Wholesale +% 15% 13% 10% 15% ELECTRICAL LABOR RATER PER HOUR Journeyman Electrician (Weekdays) $ 68.00 $ 55.00 $ 76.00 $ 74.00 Journeyman Electrician (Nights/Weekends) $ 91.00 $ 60.00 $ 105.00 $ 106.50 Journeyman Electrician (Holidays) $ 114.00 $ 60.00 $ 135.00 $ 148.00 Electricians Helper (Weekdays) $ 34.00 $ 35.00 $ 30.00 $ 60.00 Electricians Helper (Nights and Weekends) $ 43.00 $ 40.00 $ 40.00 $ 89.00 Electricians Helper (Holidays) $ 52.00 $ 40.00 $ 50.00 $ 119.00 Foreman/Supervisor (Weekdays) $ 79.00 $ 55.00 $ 82.00 $ 75.00 Foreman/Supervisor (Nights/Weekends) $ 102.00 $ 60.00 $ 114.00 $ 108.50 Foreman/Supervisor (Holidays) $ 123.00 $ 60.00 $ 146.00 $ 150.00 Total Electrical Labor Rates Per Hour $ 706.00 $ 465.00 $ 778.00 $ 930.00 VENDOR Parkia, Inc. Veterans Williams & Communications Maher, Inc. Services, Inc. LOCATION Brea Ontario Santa Ana Material Cost Wholesale +% 5% 10% 15% ELECTRICAL LABOR RATER PER HOUR Journeyman Electrician (Weekdays) $ 80.00 $ 78.50 $ 48.00 Journeyman Electrician (Nights/Weekends) $ 88.00 $ 109.90 $ 65.00 Journeyman Electrician (Holidays) $ 120.00 $ 109.90 $ 72.00 Electricians Helper (Weekdays) $ 45.00 $ 57.00 $ 30.00 Electricians Helper (Nights and Weekends) $ 49.50 $ 79.80 $ 45.00 Electricians Helper (Holidays) $ 67.50 $ 79.80 $ 60.00 Foreman/Supervisor (Weekdays) $ 96.00 $ 60.00 $ 48.00 Foreman/Supervisor (Nights/Weekends) $ 104.50 $ 84.00 $ 65.00 Foreman/Supervisor (Holidays) $ 142.50 $ 84.00 $ 72.00 Total Electrical Labor Rates Per Hour $ 793.00 $ 742.90 $ 505.00 EXHIBIT 1 22A-3 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CONTRACT AWARD TO WONDRIES FLEET GROUP FOR REPLACEMENT POLICE PATROL CARS (SPEC. NO. 12-059) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s1 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, for the purchase of 25 Police patrol cars in the amount of $694,250. DISCUSSION The Police Department operates more than 100 Ford Crown Victoria Police sedans, of which 88 are Police patrol cars. Staff proposes to replace 25 patrol cars whose model years fall between 2004 and 2008. City patrol cars operate a minimum of 8-12 hours per day, often on double shifts, and under high stress conditions. In recent years, the Facilities-Fleet Maintenance-Central Stores division (FMCS) has adopted equipment replacement guidelines for patrol cars. Under these guidelines, patrol cars have an economic lifecycle of 80,000 miles or four years. The guidelines also consider mileage, age, condition, performance, and utilization to determine a vehicle's economic lifecycle, and evaluates when it is cost effective to replace the vehicle. The average annual maintenance and repair cost for a patrol car that has exceeded its lifecycle is $6,900 as opposed to $3,500 for a patrol car that is within its 4-year lifecycle. All 25 patrol cars to be replaced meet or exceed this lifecycle threshold. In addition, the City has embarked on a five-year Alternative Energy Plan to convert 85 percent of the City fleet to alternative energy, reducing our carbon footprint and green house gases within the community. As outlined in the plan, all patrol cars purchased are specified to utilize flex-fuel, with the ability to run on either gasoline or E-85, or a combination of both. E-85 is a fuel blend consisting of 85 percent denatured ethanol fuel. E-85 is cleaner, and results in a ten percent savings over the purchase of gasoline. In order to realize the cost savings, the FMCS is planning to retrofit one fuel tank dispenser at the City Corporation Yard for E-85 fuel this fiscal year. 22B-1 Contract Award for Replacement Police Patrol Sedans. October 15, 2012 Page 2 Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in Equipment Replacement Machinery & Equipment (accounting unit 07510101- 66400). APPROVED AS TO FUNDS AND ACCOUNT: -06C i::? - Carlos Rojas Acting Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Management Services Agency 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CONTINGENCY INCREASE FOR BRISTOL-WARNER INTERSECTION (PROJECT NO. 091752) 1 ' i i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Increase the contingency for the contract with Hillcrest Contracting Inc. for the construction of the Bristol-Warner Intersection Widening Project by $30,000 to a total estimated contract amount of $1,617,091 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. DISCUSSION On March 21, 2011, the City Council awarded a contract for the Bristol-Warner Intersection Widening Project to Hillcrest Contracting Inc. in the estimated amount of $1,215,538 plus a 10 percent contingency of $121,553 totaling $1,337,091. On February 21, 2012, the City Council approved increasing the contingency by $250,000. The major changes that had expended the original contingency were: the replacement of 120 feet of 24- inch corroded storm drain pipe, the relocation and resizing of a precast concrete vault, and the relocation of an existing Metropolitan Water District metering station. The project is currently 98 percent complete with 99 percent of the contingency exhausted. Due to delays caused by Southern California Edison in relocating their high-voltage transmission poles, the contractor was forced to perform construction operations in multiple stages and install additional safety measures outside of those shown in the contract documents. These safety measures and multiple mobilizations have an estimated cost of $30,000. With the outstanding changes and the unforeseen conditions that are associated with construction of a street widening project and underground utility work, staff recommends increasing the contingency by an additional $30,000. 23A-1 Contingency Increase for Bristol-Warner Intersection October 15, 2012 Page 2 ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT The contingency increase is $30,000. Funds are available in the OCTA Bristol St Corridor Improvements Fund (accounting unit 05917661-66220). n Raul Godinez II Executive Directo Public Works Agency RG:SA APPROVED AS TO FUNDS AND ACCOUNTS: Fran s o uti Executive Director Finance & Management Services Agency 23A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: AGREEMENTS FOR ENVIRONMENTAL SERVICES WITH URS CORPORATION TO PREPARE AN EIR FOR A 24-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to: CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Execute the attached amendment to the agreement with URS Corporation for environmental services in an amount not to exceed $48,905 for a new 24-unit single-family residential development at 1584 East Santa Clara Avenue, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Execute the attached agreement with URS Corporation for environmental services in an amount not to exceed $5,810 for technical analysis and meeting attendance in conjunction with the listing of the property on 1584 East Santa Clara Avenue on the City's historic register subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In April 2010, Tava Development contacted the City with the intent to re-commence development of the former Empire Homes 24-unit single family residential development at 1584 East Santa Clara Avenue. The Tava Development proposal was proposed to be similar in scope, layout and quality to the previously proposed project by Empire Homes. Due to the potential for significant environmental impacts, an environmental impact report (EIR) was required for this project pursuant to the California Environmental Quality Act. A Request for Proposal was circulated to three qualified environmental firms in 2007 as a part of the Empire Homes proposal. URS Corporation was selected as the environmental consultant and it thereafter began work on the EIR. URS had nearly completed the draft EIR when, in 2009, Empire Homes decided to cancel the project due to economic circumstances. Work on the EIR was discontinued at that time. An agreement with URS was originally approved in December 2010 in the amount of $48,335. Further, two additional amendments for $44,974 were approved in November 2011 and March 25A-1 Agreements with URS Corporation October 15, 2012 Page 2 2012 for the preparation of a new initial study, additional traffic analysis and for a new Cultural Resources analysis for the site. On June 4, 2012, the City Council placed the Sexlinger Farmhouse and Orchard on the City's Register of Historical Properties. In response, Concordia University and Lutheran High School of Orange County, the property owners, filed a notice of intent to demolish the historic property, which triggers further environmental review per Chapter 30 of the Santa Ana Municipal Code. The amendment to the existing agreement will include a detailed analysis of an additional alternative to the single-family residential development. Additionally, technical memorandums to the alternative will be prepared, revisions will be made to the draft EIR, and the draft EIR will be recirculated for public review and comment. As a result, staff is requesting that an amendment to the agreement be executed with URS in an amount not to exceed $48,905. This agreement will remain in effect until completion of the EIR. The entire cost of this work has been covered by the developer; and funds in this amount will be deposited with the City. The new agreement is for additional research and work products requested by the City due to the listing of the property on the local historic register. It allows URS to provide City staff with expertise and guidance related to the listing of the property and URS's attendance at the Historic Resources Commission and City Council meetings. As a result, staff is requesting that an agreement be executed with URS in an amount not to exceed $5,810. The cost of this work will be covered by the City. FISCAL IMPACT Funds in the amount of $48,905 will be deposited by Concordia University into the Planning and Building Agency account for contractual services (No. 09801001-24035) prior to the consultant commencing any work. The agreement for technical support will be covered by the Planning and Building Agency's account for contractual services (No. 01116510-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Ja . Trevino Executive Director Planning and Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency VF:rb Areports\URS Corporation EIR 3r0 contract amendment.cc101512revised Exhibit: 1. Amendment to the Agreement 2. Agreement 25A-2 REVISED THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into on 2012, by and between URS CORPORATION, a Nevada corporation ("Consultant"), doing business as URS Corporation Americas, and the City of Santa Ant, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Professional Services Agreement #A-2010-233, dated December 6, 2010, (hereinafter "said Agreement") by which Consultant provided professional environmental reports and services. Thereafter, the parties entered into a First Amendment to Professional Services Agreement #A-2010-233-01, dated December 22, 2011. Thereafter, the parties entered into a Second Amendment to Professional Services Agreement #A-2012-064, dated April 17, 2012. B. In accordance with the terms and conditions of said Agreement, as amended, the parties wish to further amend the Scope of Services and Compensation to include additional required CEQA services for the TAVA Development project. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services3 necessary to complete the TAVA Development project environmental review, as set forth in Consultant's Proposal for Revised EIR Including the Additional Alternative Analysis dated September 14, 2012, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, shall be amended to increase total compensation to Consultant by an amount not to exceed $48,905 in additional compensation to pay for the specific SCOPE OF SERVICES added by this Third Amendment to Professional Services Agreement, as identified in the Fee Estimate in Exhibit A attached hereto and incorporated herein by this reference. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Professional Services Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS City Manager URS CORPORATION HARLEY S. MARTIN Vice President 25A-4 EMBIT A (Attached) 25A-5 J September 14, 2012 Mr. Vince C. Fregoso, AICP Principal Planner Planning Division City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SUBJECT: PROPOSAL FOR REVISED EIR NcLUDLNG Tim ADDITIONAL ALTERNATIVE ANALYSIS Dear Mr. Fregoso: Pursuant to a request from the City of Santa Ana (City),-URS Corporation (URS) is pleased to submit this revised proposal to provide additional alternatives' analysis for the'.Sexlinger Orchard Project Environmental Impact Report (EIR). Based on comments received during the Draft EIR public review period regarding property and cultural resources, a Supplemen-taL.- Cultural Resources Technical Memorandum was prepared in December 2011 to revise the Cultural Resources section of the Draft EIR to further address the Sexlinger Residence. The results of an April 'S, 2012 hearing held by the City's Historic Resources Commission (HRC) did not support the property's listing on the Santa Ana Register of Historic Property. However, the results of a June 4, 2012 hearing held by the City Council supported the property's listing on the Santa, Ana Register of Historic Property, against the HRC's previous ruling. As such, the property is now listed in the City?of Santa Etna's Register of Historic Properties and the environmental document for the proposed residential subdivision must be revised to include this information and address_it accordingly. We understand that since the time of the City Council's action of listing the properly, the HRC-met on June 28, 2012 to receive public testimony regarding alternatives to the project. This information Nvill also be addressed in the environmental document. This revised proposal addresses further revisions required to the environmental document including incorporation of one (1) additional alternative - the Hybrid Development Alternative - involving relocation of the Sexlinger Residence onto a portion of the property, in closer proximity to the orchard, and 21 houses would be built on the remaining portion of the property. Three (3) other alternatives will be mentioned, however per direction of the City, these alternatives will be dismissed and not discussed or analyzed further in the Revised Draft EIR. Justification for dismissal will be included in the Revised Draft EIR, as provided in finalized text by the City. The three (3) alternatives to be mentioned areas follows. - Museum and Urban Agricultural Center Alternative; - Partial Park/Educational Facility Alternative; and - Urban Garden/Women's Shelter Alternative. The proposed scope of services for revisions to the environmental document, and associated costs, are described below. URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 Tel: 714.835.6886 Fax: 714.433.7701 YAW.Urscorp.com 25A-6 Mr. Vince C. Fregoso City of Santa Ana Page 2 of 6 TASK 01- DISCUSSION OF NEW ALTERNATIVE URS will meet internally to discuss the Hybrid Development Alternative and develop methods of analysis. URS will participate in one (1) conference call with City staff to discuss the Hybrid Development Alternative with respect to the public testimony received at the HRC Hearing on June 28, 2012. Up to three (3) URS staff will participate in the internal meeting and conference call with the City. TASK 02 - TECHNICAL MEMORANDUMS TO ANALYZE ALTERNATIVE Technical Memorandums, prepared as addenda to existing-technical studies, will be provided for the following technical resources to analyze the Hybrid Development' Alternative; (1) Cultural Resources and (2) Transportation/Traffic. The Technical Memorand»tns will analyze only the Hybrid Development Alternative. URS internal technical review will be performed by Senior URS staff on Technical Memorandums prepared for the project. Should additional Technical Memorandums be required for other technical studies, a separate arnendment will be required. The Technical Memorandums will be prepared with available inf. rmation provided by the City, URS will participate in one (1) conference call ,with the City with up to three (3) URS staff during the assessment of the alternative and preparation of the Technical Memorandums. Assumptions: 1. Concurrent with the Noticcto Proceed, the City will provide URS with a final description of the Hybrid Development Alternative to be considered as a result of Task 01 above. 2. New Technical Reports will not be required for the Hybrid Development Alternative. 3. URS will ;provide as electronic copy of the two (2) Technical Memorandums for City staff review and comment. 4. URS will address and incorporate one (1) round of comments/review provided by the City on the hvo (2) Technical Memorandums. 5. URS will participate in one (1) conference call with the City with up to three (3) URS staff to discuss the alternative and the preparation of the Technical Memorandums. TASK 03 - EIR REVISIONS AND ANALYSIS OF ADDITIONAL ALTERNATIVE As a result of the project, property?s recent listing and status as a local historical resource, a more substantial level of analysis_ is: required to consider if the project and the project alternatives will affect the property's historical significance, and potentially have a significant impact that cannot be mitigated to a level less than significant. The Sexlinger property is a rural cultural landscape, which makes it a more complex resource than a physical structure, and includes features such as circulation networks, responses to its natural environment, viewslueds and vistas, landscape dividers, and site furnishings and ancillary features. This analysis will be needed as part of the re-circulated EIR. Project impacts from the original project (24 homes) must now be analyzed to determine significant impacts to the historical resources. Under the proposed project, the entire property would be 25A-7 Mr. Vince C. Fregoso City of Santa Ana Page 3 of 6 demolished, including the residence and orchard, which will affect the property's eligibility and listing. As a result, the project will be examined and analyzed to see if it could follow the Secretary of Interior Standards for Rehabilitation to determine if impacts can be brought to a level of less than significant. Mitigation measures may be developed to lessen the project's impacts; however, there may still be a significant impact and a Statement of Overriding Considerations would have to be prepared as part of the CEQA assessment. Additionally, since ibis likely there will be significant public and agency comments regarding the proposed impacts from this project to a locally listed historic resource, our efforts associated with this analysis will be increased to substantiate the findings and to minimize possible CEQA challenges to the document. Analysis of the new Hybrid Alternative will also be -incorporated into ,the environmental document and will consider whether the Sexlingcr property would retain its eligibility for listing to the City of Santa Ana's Register of Historic Properties, as well as whether the`.:project would impact the historical resource. Future uses of the residence and the orchard areas' will be considered to determine if a change in use could cause a significant impact.. Further, since the orchard is an important part of the property, the removal, relocation, or development near the trees could impact its significance. Assumptions: 1. URS will provide an °electronic copy of the Revised Draft EIR for the City staff review and comment. 2. URS will address and incorporate one (1) round of comprehensive department-coordinated comments provided by the City on the Revised Draft EIR. 3. URS assumes no changes Nvill be made to the.original project description or to any portions of the Revised Draft EIRnot related tothe additional alternative. TASK 04 - NOTICING AND RE-CIRCULATION OF DRAFT EIR URS will prepare a Notice of Availability;(NOA) for the revised Draft EIR. The NOA will be mailed by URS via regular trail to those identified on the Distribution List, as previously provided by the City. URS will coordinate the reproduction of hard copies of the Draft EIR document. URS will provide to the Cita? 25 hard copies of the Draft FIR and 25 CDs with Appendix B: Technical Studies. URS will also provide 10 CDs with the PDF version of the Draft EIR. URS will coordinate with the State of California, Office of Planning and Research, State Clearinghouse and prepare 15 Executive Summaries, 15 CDs of the EIR document, and copy of the NOA. URS will submit the package to the State Clearinghouse via overnight delivery. Assumptions: 1. URS will provide the City an electronic copy of the NOA for review. 25A-8 1; ? Mr. Vince C. Fregoso City of Santa Ana Page 4 of 6 2. URS will address and incorporate one round of City comments on the NOA. 3. URS assumes that the same Distribution List, previously provided by the City, will be utilized again for distribution the NOA. Any additional names will be provided by the City to URS in a timely manner. 4. URS assumes the City will be responsible for noticing of the NOA in a newspaper of general circulation. 5. URS assumes the City will place copies of the .DEIR, including all related Technical Memorandums and Appendices, at the City Planning Counter, City Public Library, and will be responsible for posting these documents on the City's web-site. 6. URS assumes the City will be responsible for nailing and distributing hard copies to other interested parties and agencies beyond the 25 Bard copies provided, TASK 05 - ATTENDANCE AT PLANNING COMMISSION HEARING URS staff will be available to attend one (1) Planning Commission Hearing held, to hear public testimony on the Revised Draft EIR. Up to. three (3) URS staff -will attend one (1) Hearing. URS will participate in one (1) conference call with the City with up to three (3) URS Staff to discuss the results of the hearing. Assumptions: 1. URS involveniPit at the hearing will be limited to providing a response for questions related to the preparation"and content of the Revised Draft EIR and will not include preparation of materials or hearing presentations. 2. `- iTRS assumes that any required revisions to the Draft EIR based on discussion and/or testimony presented at the public hearing will be appropriately documented by City staff through notes, meeting minutes, or via a court reporter/transcription service to be provided by the City. 3. If the Plamling Commission Hearing is extended or continued to multiple sessions beyond one (1) hearing, an ainendme' nt will be required to attend those additional hearings. TASK 06 - RESPONSE TO COMMENTS Upon close of the public review period, URS assumes City staff will compile and distribute one (1) complete set of all comments received on the Revised Draft EIR. URS will address only comments related to the additional alternatives or new information provided in the Revised Draft EIR. URS will address up to 15 comment letters received on the revised alternatives analysis. Comment letters beyond the 15 letters or comments that require substantial analysis will require additional fees through a subsequent contract and budget amendments. Responses to the comments will be prepared and submitted electronically to the City for review. URS will address and incorporate two (2) rounds of comments by the City on the URS responses. URS will finalize the response to comments and forinat the comment letters and responses for inclusion into the Final EIR. An internal review will be performed by Senior URS staff on the responses to comments. 25A-9 0 A9r. Vince C. Fregoso City of Santa Ana Page 5 of 6 Assumptions: 1. URS will address up to 15 comment letters. 2. URS will notify the Client of any anticipated budget constraints when reviewing comments. URS will provide the client with a scope amendment if comprehensive responses are required, beyond those that can be addressed within the agreed upon budget. 3. City will be responsible for submitting response to comments to those agencies and interested parties that request to review the responses prior to approval of the document. 4. City comments between each department will be reviewed for inconsistencies and resolved by the City prior to transmitting to URS. TASK 07 - FINAL EIR URS will finalize and format the FIR. The final FIR document will include the response to comments, and accompanying Appendices. Some of the appendices, depending oil file size, will be provided on CD. URS will provide an electronic copy to the City for one round'of review of the document. URS will address any coninients. provided by the City on the draft Final EIR. URS will provide the City with 15 hard copies of t.l a Final EIR and 15 copies of the document on CD. URS will perform an internal review by Senior URS staff on the Final FIR. Assumptions: 1. URS will provide an electronic copy to tie City for one round of review. 2. URS will provide 15 hard copies of the Finial EIR document. 3. URS will provide 15 Clls of the Final EIR. 4. City will be responsible for delivering the final EIR document to agencies and interested parties. TASK 08 - PROJECT MANAGEMENT The project management task is for continued day-to-day management of the project through the extended duration of this project until the time of anticipated review by the Planning Commission and City Council. 'Activities under this task include quality control, billing, preparation and review of status reports and invoices, and coordination with the City for any project-related issues for this highly;controversial project. The project manager assigned to this task will participate in conference calls or meetings, as needed, with the City regarding any issues that may arise during preparation and review of the environmental document. COST AND SCHEDULE URS' estimated cost to implement the services is $48,905.00 based on a not-to-exceed, time-and- materials basis. Our proposal includes the costs for the proposed services, as well as our assumptions 25A-10 Mr. Vince C. Fregoso City of Santa Ana Page 6 of G and level of effort associated with performing the above scope of work as specified above and based on the cultural resource issues experienced on this project since release of the DEIR. We anticipate the environmental document can be completed within the general schedule outlined by City staff on June 11, 2012, with a Revised Draft EIR ready for recirculation by end of October; however, a finalized schedule will be prepared upon receipt of the Notice to Proceed for this proposal. Based on the information received to date, it is envisioned that the project costs will be as anticipated in our proposal. However, circumstances and issues that cannot be anticipated ahead of time may be encountered that will affect project costs and/or schedule, which will result in additional costs. Furthermore attendance by staff other than those identified (i.e., different billing rate) will result in additional costs. Please feel free to contact us if you have questions or require additional information. Sincerely, Will Manker Richard Hart URS CORPORATION URS CORPORATION Manager Environmental Services - Los Angeles Office Manager Basin Vice President Vice President 25A-11 E d v Za N up ON Ad a W Q afA N Z Q a lY N }O U o S °0 °d d° o o° $ °o °o o_ D S 0 ? ? o tq OR to (D n C) F Fi m 0 0 4 ? H f 7 ?> ? co C i O ] 4 N (V o ?O ,NV. 8 p S p SO p O p O p O p D p O S p O S j ? p K lOfj V f9 p f7 p f9 1 ? 6i O o Vi p !9 ' t0`! ? L n V tl Y w W `? CL v) O r O N a rl m 0 0 00 o o y a 0 Z , OH H O ?O/} ¢Of w N N O . W v y U l7 w W CO -. E E Q S M d ? O O O O ((?? M O O O N. 1D.. ?- U O O S S S S S S S S F: C7 = m O ? f OD f? 42 ODD 3? pp N ? N N W and f Q7 00 N OH W Q - a?L q 0 ??pp n O M H! N V ? ? ?^: O y U H NNE Q 4 1 O Y YI m Y N O O ,t?',"_ H = S S o S S S 8 8 $ Q a _a . O ? m ? ? ONi N r n pp p f7 W . 41 L o » in ?i n in _ X "'? u1 N O n O Ili a N N O -; n, H r D W ? o S po P po O S O O O S O o O? N OH O V co S p p Wd tv p o? N OK C y E1 G L H ? ?H y H ? t9 tl ! H ?. ? C ? W L O ? = m O O N N to N O W t9 S S S S o C> S a c 1 H c; O OH b !- H o t p o US H iV C7 d O o O V O N V N N O Jf1 N = W p O C C N N S $ W o ? ' E 41 E _N >, ? m v Cn p h a v C a W 5 . y U C cu $ o O w o p 4 » `o $ 100 -- '? a$r ?' c v K o W a o M K N G O d C Q t' • o 5 y k! co j p o o OW 15 H ?- 25A-1 0 0 0o 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15'i' day of October , 201.2 by and between URS CORPORATION, a Nevada corporation, doing business as URS Corporation Americas ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of cultural resources services. B. Consultant represents that Consultant is able and willing to provide cultural resources services at the May 7, 2012, and June 4, 2012, City Council hearings as part of the appeal filed by the Save Our Orchard Coalition regarding the City's Historic Resources Commission's finding on April 5, 2012, that the Sexlinger Orange Orchard should not be listed on the City's historic registry. 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 provide professional consulting services pertaining to cultural resources services, including appearances at the May 7, 2012, and June 4, 2012, City Council hearings. The specific scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and nrdduced in a form compatible with the City's computer system, as agreed between the r, acct Manager and Consultant. In regard to all copyrightable material produced as a delive-able under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from 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, a7 royalty-free, nonexclusive, EXHIBIT 2 25A-13 irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $5,810.00 during the term of this Agreement. 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. d. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the uia:.imum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 5. 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal 2 25A-14 injury, including death resulting therefrom, and p.operty damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation ln.urance. 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. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 the Agreement. (ii) Certificates of insurance shall be fironished 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 affect 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. 7. 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 health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the di; ct or indirect operations 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 3 25A-15 due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willfiil misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/,)r 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or ott_.,r communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 4 25A-16 and City Attorney City of Santa Ana 20 Civic Center Plaza (tit-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant:URS Corporation Harley S. Martin Vice President Division Manager Environmental Planning 2020 East First Street, Suite 400 Santa Ana, CA 92705 telephone (714) 648-2899 cell (714) 227-8597 telefacsimile (714) 433-7701 harley_mailin@urscorp.com A party may change its addres, by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive stµtement between the City and Consultant, and supersedes any and all other agreements, oral or writtcn, 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 mar 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 proposal 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. 12. 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 25A-17 written consent of the City and any such assignment, tran3fZx, 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, 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; 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-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 omployer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection -vvith or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, mair..tain 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 t!r ced States, the State of California, the City of Santa Ana and all other governmental agen,;ies. 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. 25A-18 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbetow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fiilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached he-eto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA 7 CITY OF SANTA ANA PAUL M. WALTERS City Manager URS CORPORATION HARLEY S. MARTIN Vice President 25A-19 EHIBIT A SCOPE OF SERVICES (Attached) 25A-20 May 29, 2012 Mr. Vince C, Fregoso, AICP Principal Pla?uter Planning Division City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SU33J3;C ,., I"ROPOSAL TOIL CULTURAL RESOURCES SERVICES 3N SUPPORT OF THE TAVA DEVELOPMENT EIR CITY COUNCtI. Hr mm, MAY 7, 2012 AND Jun, 4, 2012. Dear Mr. Fregoso, Pursuant to a request from the City of Santa Ana (City), URS Corporation (URS) is pleased to submit this proposal to provide cultuffli resource services at the May 7, 2012 and June 4, 2012 City Council Hearing as part of the appeal filed by the Save our Orchard Coalition regarding the City's Historic Resource Commission's finding on April 5, 2012 that the Sexlinger Orange Orchard is ineligible. The proposed scope of services and costs are briefly described be;),v. TASK 01000 - PRE-HEARING PREPARATION, HEARING ATTENDANCE, AND MEETINGS URS will offer support regarding the past assessments and determinations of eligibility that have been prepared for the Sexlinger Orange Orchard. These assessments are limited to the studies prepared by Sapphos, Discovery Works, and URS. To prepare for the City Council Hearings, URS will review the Sapphos memorandum, Discovery Works report and accompanying attachments, the Historic Resources Commission Application No.2012-01 Request for Historic Resources Commission Action packet, the City of Santa Ana Planning and Building Agency Planning Division Appeal Application packet (as submitted by Save Our Orchard Coalition) ineluding 13 letters of opposition. The URS Architectural History Team Lead will focus on the . letter included in the Appeal Application front the Save Our Orchard Coalition, which includes four factors that contribute to and formulate the basis of their appeal. URS will review the applicable City of Santa Ana Municipal Codes regarding designation of Historical Properties within the City, specifically mentioned in the Save Our Orchard Coalition letter. The URS Architectural History Team Lead will also review, in detail, the opposition letter submitted by tite Office of Historic Preservation and research the validity of the claims to include the property for listing in the National Register of Historic Places tinder Criterion A (Association with Important Events) and Criterion C (Embodies the distinctive characteristics of a type, period or method of construction) stated in the letter. URS will consult with cultural resources experts, including former SHPO staff within URS; for additional information regarding the validity of the opposition letter. URS will review the above, mentioned reports, memos, application packets, and letters filed and received by the City Ot-ough May 1, 2012 and prepare for any questions that may arise from tite City Council Hearings )it May 7, 2012 and June 4, 2012. URS will also participate in no more than three meetings wiih the City via teleconference and two meetings in-person prior to the hearing on May 7 and June 4. It is assumed the in-person meeting UR$ Corporatlon 2020 East First Street, Suite 400 Santa Ana, CA 92705 Tel: 714.835.6888 Fax: 714.433.7701 tiwm.urscorp.com 25A-21 URS Mr. Vince C. Fregoso City of Santa Ana Pago 2 of 2 would occur on May 7 and June 4, before the City Council Hearings, and Mr, Jeremy Hollins, MA, Architectural History Team Lead/Senior Architectural Historian, will provide the cultural resource support services. Mr. Hollins and one support staff will attend two (2) City Council Appeal Hearings on May 7, 2012 and June 4, 2012 and will be able to answer questions regarding the past determinations of eligibility for the City Council, and be available for a de-brief following the Hearings with the City. Mr. Hollins and/or URS will not make a presentation or prepare any type of multi-media or visual aide to the City Council and will not answer other questions regarding the TAVA EIR, aside from the cultural resources-related questions. COST AND SCHEDULE URS' estimated cost to implement the services is $5,810,00 based on a not-to-exceed, time-and- materials basis. Our. proposal includes the costs for the proposed services, as well as our assumptions associated with performing the above scope of work, Based on the information received to date, It is envisioned that the project costs wilt be as anticipated In our proposal. However, circumstances and issues that cannot be anticipated ahead of time may be encountered that will affect project costs and/or schedule (including attendance at additional City Council Hearings beyond May 7 and June 4), which will result In separate costs. Furthermore attondance by staff other than those identified (I.e., different billing rate) will result in separate costs, Please feel free to contact Youji Yasui at (714) 973-4007 if you have questions or need additional Information. Sincerely, U1R5 CORPORATION arley Martin Vice President Environmental Planning Division Manager Attachment A -- Pee Estimate 25A-22 v N r- 7 ro r R o •? v a?i T Q FQ- Q O? U v c tcf c 0 :A ro R IL 25A-23 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to tl_e following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and rep' esentatives 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 ) '"bility, The inclusion of any person or organization as an insured shall not affect any ri ht which such person or organization would have as a claimant if not so included, 4, With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by _ Authorized Representative 9 25A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: AGREEMENT AMENDMENT WITH CIVILSOURCE FOR CIVIL ENGINEERING CONSULTANT 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 Clerk of the Council to execute the attached First Amendment to agreement with CivilSource, Inc. for an amount not to exceed $52,000 for civil engineering consultant services, and to extend the term of the agreement to June 30, 2013, with a total aggregate amount not to exceed $77,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In 2011, the City experienced the retirement of many key personnel. In the Engineering Division of the Public Works Agency, this was evidenced by the departure of the City Engineer, Deputy City Engineer, and Principal Civil Engineer, among many others. To ensure continuity of key projects and programs and a successful transition of the newly selected City Engineer, staff recommends extending the agreement with CivilSource to provide continued and highly specialized expert services and institutional project knowledge for timely project delivery of complex projects the City is currently undertaking. The consultant will report directly to the Executive Director of Public Works and will also provide consultation on such projects as the restructuring of the Engineering Division's organization structure, accounting methodology and budget strategy, and assisting City staff in the implementation of NPDES and Clean Water Programs. The fee proposed will be for an hourly rate of $125 and it is anticipated that hours billed will average between eight and 16 hours a week. However, work hours billed will vary based on the needs of the Public Works Agency. The City or CivilSource may terminate the agreement with a 30-day notice. 25B-1 Agreement Amendment with CivilSource For Consultant Civil Engineering Services October 15, 2012 Page 2 FISCAL IMPACT Funds for the proposed services are available in Fund 32 Measure M Street Construction accounting units (account 66220), Fund 59 Select Street Construction accounting units (account 66220), Fund 57 Federal Clean Water Protection Enterprise (account 05717640-66220), and related Fund 86 Engineering Services accounting units (account 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director Public Works Agency Francisco Gutie Executive Director Finance & Management Services Agency RG/AF Exhibit: 1. Agreement Amendment 25B-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on October 15, 2012, by and between CivilSource, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into Agreement # N-2012-104, dated August 20, 2012, (hereinafter "said Agreement") by which Consultant has provided civil engineering consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the term and add compensation to pay for the services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "At the direction of Executive Director of Public Works, the Consultant shall provide consultation during the transition of the newly selected City Engineer and support ongoing projects and programs such as the restructuring of the Engineering Division's organization structure, accounting methodology and budget strategy, and assisting City staff in the implementation of NPDES and Clean Water Programs." 2. Section 3.a., TOTAL COMPENSATION, shall be amended to increase compensation by $52,000, to pay for consultant services through the term of the contract. Total compensation pursuant to said Agreement shall not exceed $77,000.00 during the term of said Agreement. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on August 1, 2012 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25B-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA 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: PAUL M. WALTERS City Manager CIVIL SOURCE, INC. RAUL GODINEZ, II Executive Director - PWA AMY AMIRANI Principal 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: AGREEMENT WITH WILLDAN HOMELAND SOLUTIONS FOR TRAINING AND EXERCISE SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s1Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of Council to execute and agreement with Willdan Homeland Solutions, an operating division of Willdan Group, Inc., to provide emergency management training and exercise services in an amount not exceed $1,000,000, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of the Anaheim/Santa Ana Urban Areas (ASAUA) by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. The Santa Ana and Anaheim Police Departments alternate fiscal responsibility for the grant. The City of Anaheim has fiscal responsibility for the FY12 UASI Grant for the ASAUA, which encompasses 34 cities and two police departments that represent two universities in Orange County. In August 2012, Request for Proposal (RFP), #12-051, was issued to identify a suitable vendor to support the Homeland Security Training and Exercise Program of the Anaheim/Santa Ana Urban Area. This program is a complex three-year multi-disciplined emergency management training program for the entire county. Three proposals were received and evaluated for; compliance with minimum requirements, overall responsiveness to the RFP, experience, references, and total project cost. Representatives from OC Sheriff's Department - Emergency Management Bureau, OC Health Care Agency, Anaheim Fire Emergency Management, Anaheim Fire & Rescue, and Santa Ana Police Department reviewed and evaluated the proposals and conducted reference checks provided by the proposers. Willdan Homeland Solutions, Inc. met all of the listed specifications for these mandated training and exercise deliverables. 25C-1 Agreement for Homeland Security Equipment & Training October 15, 2012 Page 2 FISCAL IMPACT Funds are available in the FY 2011 UASI Grant fund account (accounting no. 12514407-62300). Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25C-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 15`h day of October, 2012 by and between Willdan Homeland Solutions, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the FYI I Urban Areas Security Initiative ("UASI"), has applied for, received and accepted a grant from the Federal Department of Homeland Security acting through the State of California, Emergency Management Agency. Said grant will enhance countywide emergency preparedness to prevent, respond to and recover from acts of terrorism by providing funding for equipment, planning, training, exercises and technical assistance, hereinafter referred to as "the Grant." B. The City desires to contract with an expert in designing, developing and implementing homeland security training and exercise programs. C. Consultant represents that it has the necessary skills and experience to provide the training and exercises programs for a community response approach, including emergency operations management, mass casualty incident and on-scene incident management, with proven tactics and techniques for first responders. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. E. 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 provide a Multi-year Training and Exercise Plan (MTEP) incorporating the whole community approach in accordance with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. As set forth in the Proposal, Consultant will provide Project Management for all aspects of the MTEP. All services required hereunder shall conform in all respects to standards for such training issued by the U. S. Department of Homeland Security. The parties anticipate that additional training may be planned and executed during the term of this Agreement. The City Manager and Chief of Police for the City of Santa Ana are hereby authorized to approve such additional training, in writing, as they determine will fulfill the objectives of the Grant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates 25C-3 and charges identified in Exhibit A. The hourly rate to be charged for Program Management services shall not exceed $45.00. The total sum to be expended pursuant to this Agreement shall not exceed $1,000,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing the completion of deliverables as set forth in Exhibit A, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials distributed during classes, and any other written papers or materials prepared for the presentations hereunder, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all training and submission of required evaluation and After Action Reports to the City, which the parties agree should be substantially complete on or before September 30, 2015. 5. 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance 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 25C-4 total amount of $1,000,000 per occurrence. Such insurance shall be endorsed to (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. 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. c. Professional Liability Insurance. If Consultant is or employs a licensed professional such as an architect or engineer, Consultant shall provide professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate. 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 without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non-payment of premium. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, damages or just compensation, arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions 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. Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique to the act, and the actions that may be taken in controlling, preventing or suppressing acts of terrorism are unique to the act, Consultant is not responsible to City for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action which may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. 25C-5 8. 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza and: P.O. Box 1981 (M-97) Santa Ana, California 92702 Telefacsimile (714) 245-8745 Attn: Brad Hadley City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 25C-6 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: Jim Bailey Willdan Homeland Solutions 2401 East Katella Avenue, Suite 220 Anaheim, California 92806 telefacsimile (714) 940-4930 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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, that 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. 12. 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. 13. 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: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the 25C-7 City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES 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 Ma 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. 17. CONSULTANT CERTIFICATIONS/FEDERAL REQUIREMENTS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to 25C-8 provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act." f. Civil Rights Compliance and Notification of Findings - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 25C-9 j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. in. Consultant agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager WILLDAN HOMELAND SOLUTIONS JIM BAILEY President / CEO 25C-10 EXHIBIT A SCOPE OF SERVICES MULTI-YEAR TRAINING AND EXERCISE PLAN 25C-11 Training and Exercise Support Statement of Work Training and Exercise Project Management Services - Willdan will provide on-site Project Management Services to the Anaheim/Santa Ana Urban Area (ASAUA). The ME Project Manager(s) will develop, administer, manage, conduct and/or facilitate the below regional Multi-Year Training and Exercise Program (MTEP). Moreover, the T&E Project Manager(s) will also ensure National Incident Management System (NIMS) compliance and that training and exercises are conducted in accordance with grant guidance. T&E Project Manager(s) responsibilities include, but are not limited to: • Manage, coordinate and ensure completion of the Anaheim/Santa Ana UASI Regional 3- Year Training and Exercise Plan • Perform an objective assessment of capabilities to determine strengths and areas for improvement, identify corrective measures • Responsibility for the overall management and oversight of all UASI assigned, coordinated training and exercise activities • Assistance in drafting language for investment justifications assigned by the UASI Grant Coordinator • Participation in grant application and investment justification development at the Federal, State, and regional levels • Coordination with outside agencies, training vendors, and City of Santa Ana staff to host regional law enforcement training courses for the ASAUA • Providing briefings to the UASI Working Group ano lSteering Committee as it pertains to the Training and Exercise Program • Attendance at, and coordination of exercise planning meetings, tabletops, drills, and full-scale regional exercises • Completion of applicable Federal grant related documents as they pertain to the Training and Exercise Program, (i.e., Environmental and Historical Preservation documentation) • Reviewing, coordinating, managing, and updating the Anaheim/Santa Ana Urban Area Regional Training List for law enforcement, fire service, and emergency management disciplines • Obtaining Cal EMA tracking request numbers for all UASI approved training courses, oversee maintenance of computerized training tracking database and worksheets, and oversee/review sub-recipient training reimbursement packets required documentation • Developing and maintaining the ASAUA training data base The T&E Project Manager's position will not exceed an annual payment of $140,400.00/year. 11 Page 25C-12 Preparedness Exercises. The total cost for the exercises outlined in the proposed "Multi-Year Training and Exercise Plan" is $545,000. All ASAUA exercises will conform to California State and Federal guidelines to include the HSEEP and other homeland security grant program requirements. We affirm that the training offered within the exercise schedule is approved for homeland security grant funding or where indicated, submitted for approval. Our pricing budgets for all training and exercise consumables, printed materials, food, special effects, moulage, signs, handouts, etc. Finally, our instructors and exercise facilitators will prcvide all multi-media devices necessary for training sessions, exercises, and exercise planning conferences. Exercise Name RAMUA Training and Exercise Planning Workshop A) Type B) Exercise Theme Workshop Training and Exercise Planning Workshop. This no-cost event will be held to update the 2010 MTEP and to solicit support for the 2012 - 2014 T&E program. Moreover, the TEPW will be used to solicit information pertaining to specific training and exercise needs to amend the MTEP events currently scheduled. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost No cost 50 2 - 3 hours Statewide Health and Medical Tabletop Exercise A) Type B) Exercise Theme Tabletop Loss of Power. This tabletop is the precursor to the November Statewide Health and Medical Exercise. Participants will use this exercise to identify and discuss the plans, policies, and procedures used during a power outage and to set the stage for participation in the November Statewide Health and Medical Exercise. Willdan will provide videography services to document the event for follow on refresher or new employee training at no additional cost. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $27,000 50 3 - 4 hours 21 Page 25C-13 Statewide Health and Medical Exercise A) Type B) Exercise Theme Functional Loss of Power. This is the first of two OCHCA exercises. Support for this exercise includes the deliverables listed in the RFP and volunteer recruitment and management. Moreover, this exercise will be used to assess and evaluate the improvement actions taken by OCHCA since the 2012 Golden Guardian exercise. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $55,000 300 6 - 8 hours Exercise Name RSAUA Strategy Revision Workshop A) Type B) Exercise Theme Workshop Homeland Security Strategy Revision. The purpose of this workshop is to bring together the necessary personnel to garner the information needed to update the 2009 ASAUA Homeland Security Strategy. The price below includes the cost of updating the Strategy following the conduct of the Workshop. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $45,000 50 6 - 8 hours Citizen Preparedness Symposium or Workshop A) Type B) Exercise Theme Seminar or The theme for this exercise is to be determined. The exercise theme for this Workshop event will likely move in one of two directions. The Exercise Design Team (EDT) can either opt for a seminar that builds upon the 2011 Citizen Preparedness Drill or a workshop that focuses on the development of a Citizen Preparedness Strategy, which was a recommendation in the 2009 ASAUA Homeland Security Strategy. If the workshop is requested, the cost to 31 Pare 25C-14 develop the Strategy following the workshop is included in the price below. Should a seminar be requested, Willdan will provide videography services to document the event for follow on refresher or new volunteer training at no additional cost. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $37,000 50 3 - 4 hours Hospital Emergency Operations Center (HEOC) Workshop 1A) Type B) Exercise Theme Workshop Mass casualty. The HEOC workshop will focus on improving the communications, situation status reporting, and resource requesting between the HEOC and the Emergency Medical Services (EMS) Departmental Operations Center. The need for this workshop was documented in multiple after action reports and will prepare participants for their participation in Golden Guardian 2013. Willdan will provide videography services to document the event for follow on refresher or new employee training at no additional cost. C) Cost D) Maximum Number of Exercise E) Duration of the E=xercise Participants for the Stated Cost $32,000 50 Two 3 - 4 hour sessions conducted over a two-day period. 2013 Healthcare Golden Guardian Exercise 1A) Type B) Exercise Theme unctional The theme for this exercise is to be determined. The theme for each Golden Guardian exercise changes each year. OCHCA will participate at the functional exercise level. The exercise will likely include the need for "simulated" patients at multiple hospitals. In addition to the design, development and delivery services, Willdan will also recruit the volunteers necessary to meet OCHCA's needs. 41 Page 25C-15 C) Cost D) Maximum Number of Exercise Participants for the Stated Cost E) Duration of the Exercise $87,000 300 6 - 8 hours CBRNE Workshop or Tabletop Exercise A) Type B) Exercise Theme Workshop p or CBRNE. Like the Citizen Preparedness Symposium or Workshop, the CBRNE Tabletop event can take two directions. Should a workshop be desired, participants Exercise from throughout the UA/OA would gather to exchange information that would lead to a workshop product (e.g. Joint Hazard Assessment Team Strategy). A tabletop exercise would likely test the UA/OA's ability to prevent, protect, mitigate, respond and recover from a CBRNE event. Evaluation would focus on UA/OA plans, policies, and procedures. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $36,000 50 4 - 6 hours Exercise Name I I Decontamination Drill A) Type B) Exercise Theme Drill Decontamination. This exercise can focus on traditional UA/OA HAZMAT resources or the event could be used to iupport the training needs of Hospital personnel on the use of their decontamination equipment. Moreover, a hybrid or joint training exercise could be conducted with both HAZMAT and Hospital personnel. We will work with the EDT to determine the scope and objectives of this exercise which will determine exercise participation. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $65,000 100 4 - 6 hours 51 Page 25C-16 Command Level Operations TTX A) Type B) Exercise Theme Tabletop CBRNE. The Command Level Operations TTX will afford exercise participants the opportunity to work within the Incident Command System in response to all-hazards event that requires a multi-discipline, multi-jurisdictional, regional response. The scope and objectives of this event will be determined by the EDT. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $36,000 50 3 - 4 hours Exercise Name TAUA Training and Exercise Planning Workshop A) Type B) Exercise Theme Workshop Training and Exercise Planning Workshop. This no-cost event will be held to update the 2012 MT!-P and to solicit support for the 2013 - 2014 T&E program. Moreover, the TEPW will be used to solicit information pertaining to specific training and exercise needs to amend the MTEP events currently scheduled. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost No cost 50 2 - 3 hours All-Hazards Full-Scale Exercise A) Type B) Exercise Theme Full-Scale All-Hazards. The All-Hazards Full Scale Exercise will serve as the capstone Exercise event of the exercise program. Previous exercise themes and participants will be afforded an opportunity to participate in an operations-based exercise. We envision the FSE will exercise all three exercise priorities- EOC management, Public Health, and On Scene Incident Management. Moreover, we envision involvement from Orange County Citizen Corps groups as well. 61 Page 25C-17 This exercise is scheduled for May, 2014 in order to leverage and build upon the exercise activities of Golden Guardian 2014. C) Cost D) Maximum Number of Exercise E) Duration of the Exercise Participants for the Stated Cost $125,000 500 - 700 8 -10 hours 7 1 P a g e 25C-18 Preparedness Training. The total cost for the training courses outlined in the proposed "Multi- Year Training and Exercise Plan" is $72,171. All ASAUA training events will conform to California State and Federal guidelines to include homeland security grant program requirements. We affirm that the training offered within the exercise schedule is approved for homeland security grant funding or where indicated, submitted for approval. Our pricing budgets for all training and exercise consumables, printed materials, food, special effects, moulage, signs, handouts, etc. Finally, our instructors and exercise facilitators will provide all multi-media devices necessary for training sessions, exercises, and exercise planning conferences. Jurisdiction/Section-Specific Emergency Operations Center Training Course A) Description of Training This course is designed to be the next step following general Emergency Operations Center (EOC) training courses and provides jurisdictional and section-specific EOC training and resources for personnel who are assigned to an EOC. This course is intended for support, supervisor, management and executive personnel, who as a part of their job duties or special assignments may perform functions within an agency or jurisdiction's EOC. This course is tailored specifically to the host's jurisdiction, using their EOC manual, each day's instruction is filled with jurisdiction-specific tabletop exercises. The price below includes three-deliveries. The first delivery will focus on training the City of Santa Ana EOC personnel. The City of Santa Ana has recently undergone significant personnel changes that impact the City's ability to effectively operate their EOC during an event. The remaining two deliveries will be open to personnel drawn from the UA/OA and focused on preparing participants for the All-Hazards FSE in 2014. B) Cost C) Number of Personnel that may be C) Duration of E) CalEMA Approval Trained in a Single Course Delivery Training $51,945 40 per class delivery 20 hours CA-046-RESP Multi-Assault Counter-Terrorism Events Action for Management/Supervisors 7A)Description of Training delivery of this course would precede the CBRNE WS/TTX. This 16-hour course is designed to prepare law enforcement supervisors and managers to identify and respond to terrorist events including a takeover of a school or other facility. This course is a prelude to the MAC- TAC (Multi-Assault Counter Terrorism Action Course) that focuses on actual field tactics. The course reviews past incidents, describes indicators of a takeover, discusses issues related to 81 Page 25C-19 decision-making, presents tactics, and describes issues related to scene management. The primary target audience is law enforcement supervisors and managers. However, other disciplines may benefit from the course information. B) Cost C) Number of Personnel that maybe C) Duration of E) CalEMA Approval Trained in a Single Course Delivery Training $9,112 30 16 hours CA POST Approved: #20144, Cal EMA pending Training The Public Information Officer (PIO): Avoiding a Second Disaster A) Description of Training This 16-hour course provides training and resources for personnel who may be tasked with serving as a Public Information Officer (PIO) or otherwise int-racting with the media. The participant will learn the basics of understanding and wo-king effectively and positively with the news media. Participants will understand the laws relating to media access and release of information, learn to effectively communicate messages in a natural and effective manner, learn to control the image of the organization in a positive light, learn to effectively deal with crisis communications & management, learn to realistically convey information in accordance with the ICS/ NIMS/SEMS guidelines. B) Cost Q Number of Personnel that may be C) Duration of . E) CalEMA Approval Trained in a Single Course Delivery Training $11,114 30 16 hours CA-022-PREV 91 Page 25C-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: AGREEMENT WITH C3 OFFICE SOLUTIONS FOR MANAGED PRINT SERVICES 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 the Clerk of the Council to execute a managed print services agreement with C3 Office Solutions, based on the terms set forth in the attached draft agreements, in an annual average amount of $240,000 for a three-year term, with an option for an additional three-year renewal, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Through separate contracts, the Finance Department manages copier lease agreements, the purchase of toner cartridges and printer supplies, and on-call copier and printer maintenance service. The City currently operates and maintains a fleet of 39 leased multi-functional copiers, 22 city-owned copiers, and over 500 city-owned printers, located throughout the organization. The combined costs for the purchase of toner cartridges, supplies (not including paper stock), on- call service maintenance, and leased copiers are estimated to total over $381,000 per fiscal year. Over the past few years, the Finance Department evaluated operations to gain efficiencies in the performance of routine processes. It was determined that substantial savings could be realized by utilizing an alternative service delivery model in the area of print management; specifically the concept of Managed Print Services was introduced. Staff solicited several print services vendors to determine potential cost savings. Ultimately, C3 Office Solutions a local Santa Ana business was the only vendor that offered to conduct an assessment at no cost to the City. The assessment highlighted obsolete printers, ineffective use of equipment and noted opportunities to reduce costs. As a result of the assessment, the City agreed to a 12-month pilot program in which 16 city-owned printers were monitored and received toner, supplies and service maintenance on a cost-per-click charge. The pilot program resulted in a 28 percent reduction in toner cartridge and maintenance costs, as well as efficiencies in the ordering of toner cartridges and the scheduling of maintenance service calls. These results indicate that utilizing a per-click charge to fund costs associated with copier and printer leases, supplies, maintenance, and print assessment services is a cost effective and efficient method for delivering printer services to the organization. 2501-1 Approval of Managed Print Services Agreement October 15, 2012 Page 2 On June 18, 2012, the Purchasing Division issued a Request for Proposal (RFP) for Managed Print Services. Current and local City of Santa Ana vendors were notified of the posting. Key components and submittal requirements of the RFP included: • Company profile demonstrating capability and experience in Managed Print Services • Submission of audited financial statements • Willingness to commit to cost per click (all inclusive program) • Agreement to terms and conditions specified in the RFP In response to inquiries and questions asked by vendors, the City released three addendums to the initial RFP. On July 12, 2012 nine proposals were received and evaluated. The four-member evaluation committee representing the Police Department, the Parks, Recreation and Community Services Agency, and both the Central Services and Information Services Divisions of the FMSA rated the proposals using three criteria: 1. Responsiveness to the RFP 2. Experience of the firm and personnel 3. Cost of proposal The focus of the evaluation process was to select the proposal that provided the most thorough and competitive program design that met the performance standards set forth in the RFP. Of the nine submissions, the committee determined that four vendors met or exceeded each of the RFP requirements (70 percent or above). The four vendors (C3 Office Solution, Mr. Copy, Sharp Business Technologies and SoCal Office Technologies) were invited to a clarification interview on August 16, 2012 and were advanced to Phase II of the process. In Phase II, the four proposals were evaluated on 14 categories outlined in the RFP. The categories were assigned a weighted percentage, based on the item's relative importance. A final score for each proposal was derived by taking the average of each evaluator's total score. Using this methodology, the highest numerical score reflects the best proposal. Vendor Final Score % Rankin Proposal C3 Office Solutions 85.0% 1 Committee Recommended Sharp Business Systems 75.5% 2 SoCal Office Technologies 73.5% 3 Mr. Co 72.0% 4 By definition, all the proposals that were advanced to Phase II received at least a 70 percent score in the category of responsiveness to the RFP. However, there were noticeable differences that ranked C3 Office Solution above the others. Among them, C3 Office Solutions represents a wide range of printer manufacturers, allowing the City to continue to offer varied equipment to meet specific needs of individual departments. Additionally, their service technicians are certified trained to maintain the City's currently-owned fleet of copiers and printers. C3 Office Solutions will offer the City a "boutique style" service that provides the flexibility that the City requires. 25D-2 Approval of Managed Print Services Agreement October 15, 2012 Page 3 Under the managed print services agreement, the City will achieve costs savings of $339,800 over a three-year period and gain efficiencies in the following areas: Toner cartridge replacement and maintenance service calls Through economies of scale, the proposed agreement is anticipated to generate 25 - 35 percent in cost savings for the replacement of toner, equipment supplies and maintenance. In addition, software will monitor toner levels, meter counts, and device maintenance status to proactively manage the City's fleet of printers and copiers, eliminating the need to maintain an inventory of toner and equipment supplies and alerting the vendor when maintenance service is required. 2. Increased Productivity City staff processes approximately 352 purchase requisitions for toner cartridges annually. The requisition is generated at the department, requiring both supervisorial and fiscal approval before the Purchasing Division receives the requisition and places the order. Under the managed print services agreement, the purchase requisition process will be eliminated, saving numerous staff hours throughout the organization. In addition, consolidating services to one vendor will reduce staff time involved in the processing of payments and billing reconcilement. 3. Equipment needs and requirements The proposed agreement includes consulting services to continue to evaluate and assess cost saving opportunities and equipment needs throughout the organization. Recommendations may include the shifting of printers and copiers, based on print volume and departmental requirements such as scanning formats and functionality. In addition, the vendor will supply back-up equipment in the event a printer or copier malfunctions within a critical area of the organization or 24-hour operation, such as the Police Department. Based on careful evaluation of proposals, the committee recommends contracting with C3 Office Solutions, a local Santa Ana small business, for managed print services. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expense accounts (no. 63001). Francisco Gutierrez Executive Director Finance and Management Services Agency 25D-3 25D-4 MANAGED PRINT SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15"' day of October, 2012 by and between C3 Office Solutions, a limited liability company, (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. On June 18, 2012, the City, issued a Request for Proposals for managed print services. B. Consultant submitted a Proposal to provide printers and copiers, supplies and maintenance to meet City's needs. C. Consultant represents that it is able and willing to provide such services to the City. D. 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 contractor 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 Managed Print Services on a cost-per-click basis, for all multifunction office equipment and printers including 1) full equipment service and maintenance for all printers and copiers; 2) provision of equipment, including delivery, installation, configuration, end-user training; and 3) provision of all operating supplies, including toner and cartridges, developer, fuser oil, rollers, print heads, drums, circuit boards, imaging units and staples. However, Consultant shall not be responsible to supply paper for any multi-function office equipment or printer. Said services shall be provided on the terms and conditions set forth in City's Request for Proposal 12-033, dated June 18, 2012, and Consultant's responsive Proposal as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. Consultant's services will be compensated as follows: 1) For maintenance and supplies required to service approximately 500 City owned desktop printers, City will pay a monthly fee and an excess cost per image charge, as set forth in Consultant's Cost Per Image Agreement, attached hereto as Exhibit B-1, and incorporated by this reference; 2) For maintenance and supplies required to service City owned multi-function copiers, City will pay the cost per image charges as set forth in Consultant's Customer Care Maintenance Agreement, attached hereto s Exhibit B-2, and incorporated by this reference; 3) For the provision of the equipment, maintenance and supplies required to provide multi- function copiers on a lease basis, City will pay the lease charges, and a cost-per copy charge for excess images, as set forth in Consultant's Equipment Lease Agreement, attached hereto as Exhibit B-3, and incorporated by this reference. 25D-5 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing the copy charges incurred during the prior quarter, subject to City accounting procedures. Said invoice shall include meter readings provided for each machine, and a total image count for each quarter. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM November 1, 2012 date first written above and terminate on October 31, 2015, unless terminated earlier in accordance with Section 12, 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. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 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: 2 25D-6 (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. 6. 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 or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in the performance 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 terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25D-7 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: and Executive Director- Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-5414 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: C3 Office Solutions Tricia Sanchez 1565 McGaw, Suite C Irvine, California 92614 Fax 714-641-2717 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty- four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions 4 25D-8 of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to 25D-9 obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA PAUL M. WALTERS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney CONSULTANT RECOMMENDED FOR APPROVAL: C3 OFFICE SOLUTIONS, LLC FRANCISCO GUTIERREZ Executive Director - Finance & Management Services Agency 25D-10 TRICIA SANCHEZ 6 EXHIBIT A SCOPE OF SERVICE A. INTRODUCTION The overall objective of this initiative is to provide managed print services for the City covering leased copiers, multifunction office equipment, printers, and full equipment maintenance on city owned and leased copiers and printers. The Consultant will provide supplies including but not limited to toner cartridges, print heads, drums, imaging units, etc.for all equipment included in the Managed Print Services agreement, as well as service calls covering parts and labor for all equipment included in the Managed Print Services agreement. Consultant will provide all supplies and service, except paper, to maintain and operate all equipment up to manufacturer's recommended level of performance. In addition, consultant service advice regarding copier and printer new acquisition will be offered upon request. All cost will be charged on a preferred quarterly billing schedule with discussion open for a monthly schedule. All equipment charges to be covered on a per click charge basis. The City's current 3-year term leased copiers will run full term as set forth in Attachment 1, with ending dates as per signed lease. New copiers leased will fall under the terms and conditions of this Agreement. The following groups of office equipment cover the spectrum of equipment and services to be included in the MANAGED PRINT SERVICES agreement. Group A - Copiers/multifunction office equipment leased for a period of 3-years including full maintenance and all supplies with OEM and/or re-manufactured toner cartridges. Billed on a per click base. Group B - Leasing large on-line printers, where applicable, including maintenance and supplies with OEM and/or re-manufactured toner cartridges. Billed on a per click base. Small volume printer may be purchased or leased as it benefits the City. Group C - Printers currently owned by the City managed with a maintenance contract covering service, parts and labor and OEM and/or re-manufactured toner cartridges. Billed on a per click base. Group D - Consultant service on department copier and printer requests covering recommendation on make, model and features as well as physical location. B. GENERAL SPECIFICATIONS 1. Consultant shall provide service, maintenance and supplies for all equipment as set forth in Consultant's Proposal, attached hereto as Attachment 2, and incorporated by this reference. 2. The Consultant shall be responsible to return any leased equipment at the end of the contract at its own expense. Disposal of said equipment will be properly documented and recorded for future reference. 7 25D-11 2. All equipment shall be new copiers, multifunction digital office equipment and printers. All copiers shall come standard with security overwrite protection that meets or exceeds Department of Defense Standard 5220.22-M. Security protocols regarding hard drives or any copier provided must meet the following when moving, placing, replacing or exchanging units: a. Hard drive must be "re-formatted, removing all data in a manner that meets or exceeds Department of Defense standard 5220.22-M. b. If re-installing the unit, it shall be done at no additional cost to the City. c. This procedure shall apply to all devices with a hard drive and/or the capability of storing data locally. d. This procedure shall apply to repair, maintenance, moves or new installations. e. Records shall be kept and provided to the City as requested demonstrating and attesting to these procedures being followed. C. FACTS AND DETAILS ON CITY EQUIPMENT AND SUPPLIES UNDER A MANAGED PRINT SERVICES PROGRAM 1. PRINTERS LOCATED IN OFFICES THROUGHOUT THE CITY A. - City of Santa Ana including City Hall, Ross Annex, Library, Corporate Yard - Total of 268 Canon - 10 Sharp - 1 Epson - 5 Source Technology - 4 HP - 241 Toshiba - 1 Okidata - 1 Xerox - 5 B. - Police Department HP - 248 2. COPIERS LOCATED IN OFFICES THROUGHOUT THE CITY A. - Leased copiers - TOTAL of 39 Ricoh - 28 Canon - 10 Konica Minolta - 1 B. - Copiers owned by City - TOTAL of 22 Canon - 10 Sharp - 3 Toshiba - 2 Konica Minolta - 7 3. TONER CARTRIDGES and PRINTHEADS ORDERED FOR PRINTERS for a 6-month period ending 10-21-11 A. Total cost of $70,824.46 spent for OEM cartridges, & print heads B. A total of 514 toner cartridges/printheads purchased 8 2501-12 ATTACHMENT 1 List of leased copiers scheduled for termination of lease in 2012 and unit returned to vendor if leased. Each unit is scheduled for replacement with a new copier and or multifunction machine under a new 3-year lease agreement with total cost based on a per click cost base. Replacement unit to be selected by assessment of print demands of requesting department. List states current leased copier in use and departments stated copier features for new machine. All copiers should be standard A3 copiers Replace 2 Ricoh Aficio MPC4000 - Leased and will be returned to Ricoh • Both color - Quote as 40-45cpm • Both networked with print, scan and fax option • Both with standard stapling finisher with hole punch unit • Both with automatic document feeder • Both with minimum 4 paper supply drawers • Both with data overwrite security Replace 2 Ricoh Aficio MP5000 - Leased and will be returned to Ricoh • Both black and white - Quote as 50-55cpm • Both networked with print, scan and fax option • Both with Bate Stamping option (if possible) • Both with standard stapling finisher • Both with automatic document feeder • Both with minimum 4 paper supply drawers • Both with data overwrite security Replace 2 each Ricoh Aficio MPC2550 - Leased and will be returned to Ricoh • Both color - Quote as 20-25cpm • Both networked with print and scan option - no fax • Both with standard stapling finisher • Both with automatic document feeder • Both with minimum 4 paper supply drawers • Both with data overwrite security Replace 2 each Ricoh Aficio MPC5000 - Leased and will be returned to Ricoh • Both color - Quote as 50-55cpm • Both networked with print and scan option - no fax • Both standard stapling finisher with hole punch unit • Both with automatic document feeder • Both with minimum 4 paper supply drawers • Both with data overwrite security Replace 1 each Ricoh PR0906EX * - Leased and will be returned to Ricoh • Black and white - Quote as 90-95cpm • Networked with print and scan only - no fax 9 25D-13 • Standard stapling finisher with hole punch unit • Automatic document feeder • Minimum 4 paper supply drawers with additional large capacity tray • Data overwrite security *This copier is for PD. If possible, they have requested a copier that has some type of working space on top. Replace 1 each Toshiba ES360 - Owned by City • Quote as 30-35cpm • Please quote for black and white and color separately • Networked with print and scan only - no fax (if possible, would like to scan in color if they get a b/w machine) • Standard stapling finisher • Automatic document feeder • Minimum 4 paper supply drawers with additional large capacity tray • Data overwrite security Replace 1 each Canon IR400 - Owned by City • Color - Quote as 40-45cpm • Networked with print, scan and fax option • Standard stapling finisher • Automatic document feeder • Minimum 4 paper supply drawers • Data overwrite security Replace 1 Canon IR6000 - Owned by City • Black and white - Quote as 60-65cpm • Stand alone copier, no networking necessary • Standard stapling finisher • Automatic document feeder • Minimum 4 paper supply drawers • Data overwrite security Replace 1 Canon Image Class 2210 - Owned by City • Color - Quote as 20-25cpm • Networked with print, scan and fax option • Standard stapling finisher • Automatic document feeder • Minimum 4 paper supply drawers • Data overwrite security Replace 1 Konica Minolta EP5000 - Owned by City • Black and white - Quote as 50-65cpm • Networked with print, scan and fax option • Standard stapling finisher • Automatic document feeder • Minimum 4 paper supply drawers • Data overwrite security 10 25D-14 ATTACHMENT 2 CONSULTANT'S PROPOSAL 25D-15 3 C QfficeSolutlons D, C3 Service Capabllitles 1. C3 has experience with Government Accounts, a. The City of Santa Ana had a "Pilot Program" for Managed Print Services with our Company from June 1" 2011 to June 30th 2012. The pilot was successful. b, In addition, C3 just won-a 3 year bid with the County of Orange Representing Canon and Sharp products. We just completed our first installation of 12 MFP'S . at the County Clerk Recorder's office. The Clerk Recorder intends to migrate the print volume from their 100 HP printers to the new MFP's. c. The City of Newport Beach has standardized on C3. The City is moving to their new City Hall in December and will be installing all new MFP's. We worked with their IT staff to meet different department requirements and made sure the scan- ners worked with their Document Management System. The Police Department and City Hall will have different manufactured MFP's (Canons and Sharps) based on unique requirements. d. Cal State Fullerton is a current customer and has recently purchase scanners, Sharp Interactive Touch-screens and monitors. e. Olive Crest i8 .a non-profit organization in Santa Ana and is a current customer. C3 placed 30 new Sharp MFP's at a cost savings by migrating the HP print vol-. ume to more cost effective devices. 2. C3 isF azwol authorized dealer for the fu111i e, of copiets and printers from Sharp USA, Canon USA, and HP. 3. All C3 technicians are factory trained and certified. 4. ' All service calls are directed to our §ervice coordinator who is always available by phone in person. At no time will our customers be subjected to choosing voice recorded options or interacting with an automated phone system or be transferred overseas for customer service. All calls are handled with a live person from our Irvine office. Initial service call will be logged with details of the technical issue and 5-digit equipment identification number (to identify equipment location and model information). At this point, a service ticket is created by our service coordinator and dispatched to one of our technicians. The assigned technician immediately receives the service work order on their smart phone and is required to call customer contact within 1 hour of the initial call to provide an ETA of onsite arrival. Technician will log the time that they spoke to the customer on their smart phone and the system will capture the time of this event. Technician then will arrive on site within 4 business hours of the initial service call and again will log this event with the time into our system. If the 4 hour response falls after hours, technician will arrive first thing the next morning based on customer's hours of operation. If the service call is for an urgent matter, service coordinator may ask upper management for an exception to prioritize the call. All service calls are attended to within 4 hours. Upon completion of the work, technician will close out the call on their smart phone and this to log notes in the system. If technician requires a part and does not have said part in their vehicle to address the issue, technician could ask another C3 staff member to deliver the part from our local warehouse or technician could drive to the warehouse to obtain pall and return to complete the job. Technician may also reschedule for a follow up appointment. Tech- Proprietary and Confidential Page 19 25D-16 j OfficeSolutlons xvx9ccr,?, w ?s not nician will provide ETA to customer in either case and record notes for any rescheduled appointment, Service reports are reviewed everyday to ensure our commitments to our customers have been met, If a given unit fails continuously, 2°a level specialists will be dispatched to address the issue and if the problem continues to persist, C3 will replace the device with another device with similar specifications and features. Performance of eve- ry one of our devices is reviewed on a monthly basis to proactively address issues, Ser- vice reports will be shared with customer during scheduled account reviews for ongoing feedback, 5. C3 is committed to offering the Santa Ana PD optimum uptime. C3 will provide loaners onsite to address the need for down printers on Saturdays and Sundays. When a loaner is used to replace a down printer, Santa Ana PD will notify C3 of this event and C3 will send a technician to repair the down printer during normal business hours. Once the printer is repaired, the loaner will be put back into loaner status. C3 in collaboration with Santa Ana P.D. will assess the quantity and model types of the loaners. 6. First time fix is approximately 87.6% for copiers and 83.3% for printers. 7. C3 uses only OEM parts and supplies for all our Sharp and Canon MFP's. All of the Sharp and Canon suppl?os and parts are included in the Service Agreement. HP printers may use supplies by LMI:,(newly manufactured compatibles not refills). LMI compatible supplies were successfully, used during the Pilot Program with the City of Santa Ana. C3 will provide full warranty of all parts and supplies and guarantee our workmanship. 8. C3 keeps inventory of replacement parts in our local warehouse. HP - 64 different mod- els, Canon - 37 different models, Sharp - 29 different models. In addition, we have over 70 different resources to acquire partsfrom, 9. C3 will offer a loaner if the City is down for more than one day with similar capabilities and features. 10. Preventive Maintenance is pre-scheduled by C3 based on manufacturer's recommenda- tions and may be scheduled at a mutually acceptable time. 11, For emergencies or urgent matter - C3 is local and can easily hand deliver toner from our warehouse. These services will be included in our basic pricing and there will not be any additional costs. In addition, C3 will provide additional toners to have on hand for such emergencies. 12.. C3 has always received glowing reviews for training end-users and providing ongoing support. We know well trained users request fewer service calls. C3 will provide videos and user manuals which can be accessed 24 hours per day to supplement in-person train- ings. C3 will provide as much support as necessary to maximize utilization of the devic- es. 13. Our analysts will configure all features of the copiers and MFR's, including but not lim- ited to copying, faxing, network printing, all available forms of scanning, and integration with back end office solutions. These services are all inclusive in our bid pricing. 14. C3 would like to invite City personnel to our showrooms to see a demonstration of fea- tures and benefits. C3 is also willing to provide trials to help assess real life performance in the actual working environment. 15. C3 will not sub-contract any work to any other vendor. Proprietary and Confidential Page 110 25D-17 0 3OfficeSolutions La.w cyi;mo r..?ain, 16. Trieia Sanchez is your Account Manager and she has no plans to retire for at least another 10 years. We hire very experienced service technicians that share our company vision and are well paid and happy employees, As we dedicate our most experienced and loyal account managers and service technicians, we expect to deliver consistent performance with familiar faces who will intimately understand the needs of the City of Santa Ana. 17. As mentioned before, all Sharp and Canon equipment will only use OEM parts and sup- plies. If the City of Santa Ana requests OEM toners for the HP devices, C3 may accom- modate the request with a higher per-click charge as described in our proposal pricing. 18. C3 is an environmentally friendly company. By choosing C3, The City of Santa Ana will receive recycling services in which a box is provided with free freight to collect all your toners, regardless of manufacturer. Sharp has been awarded SmartWay's Excellence Award for the third consecutive time. Sharp products are energy star compliant and uses LED technology, uses low fusing temperature, and the fuser is idle when not being used (which does not affect warm up times). These all contribute to lower energy usage and is the best in class compared to any other comparable product from another manufacturer. 19. Supplemental Information: C3 also offers sales and service for Interactive Digital Moni- tors, LEA-LCD monitors, projectors, document management systems, document solution integration, facilities management, as well as business consulting. D. Sofhvnre Details C3 will use PageTrac as our Data Collection Agent (DCA) to monitor toner levels, meter counts, and device status to proactively manage the fleet of printers as well as connected multifunctional devices on the network. Data from locally co71nected devices can also be collected, provided that the Local Print Agent application is installed on each computer connected to a local printer. C3 will use this same software that has been successfully tested during the Pilot MPS Program with The City of Santa Ana. Typically, triggers are set at 20% toner capacity to alert our staff of a toner replenishment order; however, C3 will set the threshold for toner orders to accommodate The City of Santa Ana's needs. 1. Yes, the City's Microsoft NT Network is compatible with all tracking features of our monitoring system. In addition to the information above, PageTrac operates on port 80, 21, or 443, as well as through a proxy server (as deemed necessary by the City of Santa Ana and S.A.P.D.'s network security) during client-specified time intervals. Your net- work requires no altercations or modifications to the existing security and upholds the in- tegrity of said networks. Data collection consists of page counts, device description (con- figuration) and device status and is collected via SNMP (Simple Network Management Protocol) and ICMP (Internet Control Message Protocol). Standalone workstation is not needed to ran the Printer DCA monitoring service and discreetly runs in the background for end-users' convenience. 2. The Local Print Agent is used to collect information from local printing devices. The technology of the local device determines the information reported to the Local Print Agent (older, lower-end devices may report less information than newer, higher-end de- vices), but the Local Print Agent will attempt to collect manufacturer, device description, serial number, and meter reads. If for some reason, C3 is unable to collect the device me- ter reads from the Local Print Agent for billing purposes, C3 will provide the City of Proprietary and Confidential Page i11 25D-18 OOHICOSoluttons Su M, tavwee kv q rem Santa Ana with the option to either remove the device from the Managed Print Program and have us manage the printer from a Time & Materials standpoint, or C3 staff can manually pull the meters once a quarter to ensure billing accuracy. 3. C3 will attempt to find the path of least resistance and disruption by attempting to install the Local Print Agent for non-networked devices. Some printers however may be net- work ready and for those devices. C3 provides the best management of devices when they are networked and is captured by our Data Collection Agent. F. Blllina and Retorts C3 will provide quarterly billings on a per click basis for both copiers and printers, in one single invoice. 1. Yes, C3 will accommodate quarterly billing and is open to any other schedule the City of Santa Ana requests, 2. Prices presented in this proposal wilt remain the same throughout the entire term of the agreement. Prices established in the continuing agreements may be adjusted due to infla- tion or changes in operating costs. C3 will submit any price adjustment 90 calendar days prior to the anniversafy,of the 3-year agreement and will be presented with all supporting documentation, as provided by the U,S, Department of Labor Consum' er Price Index (CPI). C3 agrees that the published national CPI serves as the maximum amount that can be adjusted to the price and that the price adjustment is subject to the City of Santa Ana's approval, 3. C3 will allow the personnel fiom the City of Santa Ana to gain access to our fleet moni- toring system with frill access to view C'.ter and device status 24 hours. Whether the City chooses to engage in having full access or not, C3 will provide full reports associat- ed with the quarterly billing, including meter readings per device as well as the total click count for the quarter. 4. C3 will provide quarterly or semi-annual account reviews along with Rill reports from the Data Collection Agent to provide assessment of asset utilization. Should the City of San- ta Ana choose to meet with us to hear our recommendations on an ongoing basis, C3 will provide floor plans with device locations, average monthly volume per device, frequency of device failure, device downtime, and recommend changes as C3 sees appropriate to maximize return on investment and achieve higher productivity. The City is not obligat- ed to adhere to any of the recommendations. G. Leasing. FlnanclnQ L Yes, C3 is strategically partnered with several third party financing companies to provide lease financing including DLL, GE Captial, Leaf Financial, and US Bank. The City of Santa Ana may choose to pay C3 Office Solutions or make payments directly to the third party leasing company. Most billing questions and other questions related to the terms and conditions of any and all documents presented in junction with C3's agreements will be handled by C3 Office Solutions personnel and may be supported by third party per- sonnel. 2. Yes, C3 may choose to handle the lease in-house should it be the best option for all parties involved in the transaction. Proprietary and Confidential Page 112 25D-19 3 G OHIceSolutions s:ryr.?co?ti k<?7 v.>. H. Funding Out Clause 1. In the event that sufficient budgeted funds are not available for anew fiscal period, C3 and any third party financing company will agree to terminate the contract on the last day of the fiscal period in which the City has notified C3 of such occurance, a. C3 agrees to the statement from the above section H.l. 1. Pricing 1. C3 will provide a monthly fixed cost that will include a monthly allowance as stated in the Pricing portion of this proposal and includes the cost of the equipment, configuration, all inclusive maintenance, delivery, installation, set up, end-user training, all operating supplies (toner, developer, fuser oil, drums, rollers, circuit boards, staples, etc) with the only exception of supplies provided being paper. 2. Pricing structure will be fixed pricing for the full 3-year agreement, 3. Payment terms will be net 30 days. 4. C3 will cover all cgpts associated with delivery/freight costs, S. C3 is proposing ttivo options with cost per click as well as a fixed monthly cost option. 2 J 2 1-1 Proprietary and Confidential P a g e 113 25D-20 EXHIBIT B-1 Cost Per Image Agreement 25D-21 C 13 OfficeSolutions DRAFT Cost Per Image Agreement CUSTOMER (hereinafter referred to as "You" or "Your' Agreement No. Full Legal Name City of Santa Ana Address City State Zip County 20 Civic Center Plaza M16 Santa Ana CA 92702 Orange Supplier (hereinafter referred to as "We" or "Us" Name City State C3 Office Solutions Irvine CA Program Summary (Details listed in Attached Schedule B): t X Monthly Payment Billed Quarterly $4,480.00 with Excess Per Image Charge AND EITHER ? By Group OR? Consolidated OR See attached Mono = $. .0199 Color = $. .0997 Per Image Charge Only By Device See Attached OEM toners will only be provided if requested at a $.035 click charge for black and white and $.15 click charge for color. SERVICES OFFERED: We agree to provide all consumables, along with free printer environment monitoring, auto toner replenishment, proactive service error monitoring, free phone technical support, service, and quarterly environment reporting under this Cost Per Image Agreement. Further information on the Service Management details are on the back of this document. Covered equipment, along with Cost Per Image pricing, is listed in Schedule B. IMAGE CHARGES: Payments are due quarterly, beginning the date the Agreement is initiated (as noted by the Agreement date below) or any later date designated by Us (see "Transitional Billing" section below) and continuing on the same day of each following month until fully paid. You are entitled to make the total number of images reflected in the Monthly Image Allowance shown on in Schedule B each month (if consolidated), or the monthly amount Image Allowance Per Machine or Group (if not consolidated). If You use more than the applicable Allowance(s) in any month, You will pay Us an additional charge equal to the number of additional metered images multiplied by the applicable Excess Per Image Charge. You agree that We may proportionally increase Your Per Image Charges at any time if Our estimated average page coverage is exceeded in any month during the term of this Agreement. DOCUMENTATION FEE: We may charge You a reasonable fee to cover documentation and investigation costs. TRANSITIONAL BILLING: If We designate as the Agreement commencement date or effective date a date which is later than the date the Agreement is/was initiated (as noted by the Agreement Date below), then You shall pay Us an interim payment for each day, from the date the Agreement is/was initiated until the commencement date, equal to the minimum monthly payment divided by 30. If this Cost Per Image Agreement has no minimum monthly amount (as designated in Schedule B), we will bill you for actual pages printed from the Agreement initiation date until the designated commencement date. GOVERNING LAW, CONSENT TO JURISDICTION AND VENUE OF LITIGATION: This Agreement and each Schedule shall be governed by the laws of the State of California. YOU AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT LOCATED IN California. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. LATE FEES: If any amount payable to Us is not paid when due, You will pay Us a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six ($26.00) dollars; or 2) the highest lawful charge, whichever is less. AGREEMENT PERIOD: This agreement is for a period of 36 months from the Agreement is initiated, and is non-cancelable. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS PAGE, THE REVERSE SIDE, AND ATTACHED SCHEDULE B, ALL OF WHICH PERTAIN TO THIS AGREEMENT AND WHICH YOU ACKNOWLEDGE HAVING READ. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY US. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED. SUPPLIER: (As Stated Above) CUSTOMER: (As Stated Above) By. Date Accepted: By, X Date: Signature Signature Print Name & Title: Print Name R Title: 25D-22 13 j Off"iceSolutions DRAFT Cost Per Image Agreement I. MAINTENANCE AND SUPPLIES. The charges stated in the Agreement include charges for maintenance (from 8 a.m. to 5 p.m. local time, except weekends and holidays ("Regular Service Hours")), inspection, adjustment, parts replacement, cleaning material required for proper operation, and black toner and developer for such Equipment and may also include charges for such maintenance and supplies provided to You for the equipment (reflected on Schedule B). You must purchase paper and staples separately. Color toner and developer supplies will be provided for production of pages as shown, with 20% page coverage. Supplies required for production in excess of 20% page coverage will be invoiced separately. A. Equipment Eligible for Coverage. This only applies to the Equipment identified on Schedule B. You represent and warrant that, other than as set forth Schedule B there is no other equipment located at Your site(s) that is using Our supplied toner and ink consumables. All equipment using Our supplied toner and ink consumables must be included in Schedule B. To the best of Your knowledge, there are no equipment conditions that do not meet manufacturer's specifications ("Pre- Existing Conditions"), other than those specifically identified in Schedule B. B. Definition of Services Provided. We agree (a) to perform only those repairs involving worn Equipment components that have failed during ordinary use of the Equipment under normal operating conditions (trays, covers and other non-consumable parts are not covered), (b) to provide regularly scheduled maintenance with respect to the Equipment, and (c) to supply You with all toner and ink consumables required to operate the Equipment. Requests for services outside of Regular Service Hours will be provided on a best effort basis at Our prevailing time and material hourly rate. Such charges for services outside of Regular Service Hours are in addition to the prepaid Minimum Monthly Payment. This Agreement does not cover after-hours service, shop overhauls, and service made necessary by accident, fire, water or natural disasters. C. Access to Equipment. We shall have the right to access Your site and any other of Your premises that may house Equipment upon reasonable notice for access with Your supervision during regular work hours. We reserve the right to invoice You at Our prevailing time and material hourly rate, separate from the Minimum Monthly Payment, when access to the Equipment is denied for greater than fifteen (15) minutes, when You initiated the request for service. We shall apply an estimated monthly page volume to any and all Equipment that cannot be accessed for page count recording purposes. D. Authorized Maintenance Providers. We, at Our discretion, may authorize Our approved maintenance subcontractors or approved service providers to perform maintenance and repairs to the Equipment. In cases where We manage Your third party service agreement on your behalf, then all sums currently due under that agreement must be paid in full before We will assume any obligation or responsibility. E. Repair Responsibility. Our responsibility ceases if persons make repairs to the Equipment other than Our authorized representative or subcontractor. It also ceases if competitive supplies are used, or if the damage occurs as a result of Your abuse or improper handling. F. Ownership and Control of Toner and Ink Consumables. All toner and ink consumables supplies provided under this Agreement shall at all times remain the property of Us. You may use the toner and ink consumables pursuant to the terms of this Agreement, but You shall not have any ownership rights in or to the toner or ink consumables. You shall promptly return to Us all empty consumables supplied by Us under this Agreement. Your failure to return the number of empty consumables to Us equal to those delivered during the term of this Agreement will result in a lost consumables surcharge equal to the current replacement value of the lost consumable. In the event of Your default, You shall promptly return all toner and ink consumables to Us. You shall not be charged for any toner or ink consumables in use upon the expiration of this Agreement. Any toner or ink consumables not returned shall be billed by Us to You at the prevailing cartridge retail purchase price. The ordering of consumables significantly in excess of the number of prints produced may be charged to You by Us. G. Additional Equipment and Right of Inspection. You shall notify Us promptly upon installing any additional equipment ("Additional Equipment") at Your site capable of using Our supplied toner and ink consumables. Equipment installed subsequent to the date of this Agreement will be evaluated by Us, and included in, or excluded from, this Agreement at the mutual agreement of the parties. Additional Equipment deemed included in the Agreement by Us shall be added to Schedule B and will automatically be covered by and considered Equipment under the terms of this Agreement. Billings or surcharges for Additional Equipment output will be reflected in the billing cycle immediately following the billing cycle in which the Additional Equipment is installed. If You add Additional Equipment the Minimum Monthly Payment may be adjusted accordingly at Our sole discretion. If any such Additional Equipment is used equipment, You represent and warrant to Us that, except for Pre-Existing Conditions duly disclosed to Us prior to such Additional Equipment being covered by this Agreement, all of the Additional Equipment shall, on the date such coverage commences, be in good working order. We shall be entitled to take a physical inventory of the Additional Equipment upon or prior to its being covered by this Agreement to determine whether they are in working order. In the event, as of the date coverage commences under this Agreement, any Additional Equipment is not in good working order, You shall have such Additional Equipment repaired at Your sole expense and, until such Additional Equipment is so repaired, any Additional Equipment with Pre-Existing Conditions shall not be covered under this Agreement. An initial meter reading of zero (0) is agreed, unless You provide timely information to the contrary, for any Additional Equipment that meets the conditions of G.1. II. WARRANTY. Notwithstanding anything in this Agreement to the contrary, We warrant (a) that all personnel performing services hereunder by or on behalf of Us will have appropriate training and experience and (b) all equipment is in accordance with industry standards, and all supplies and materials are of good quality. Without limiting the generality of the foregoing (and without limiting any obligation of Us to make repairs under this Agreement), You expressly agree and acknowledge that in no event shall any manufacturer's warranty, including but not limited to any implied warranty of merchantability, and fitness for a particular purpose, be deemed given by or otherwise transferred or applied to Us. If Your notify Us within ninety (90) days from performance of the services that the services or a part thereof fails to conform to the standards specified herein, Your sole and exclusive remedy is that We shall promptly repair, replace or re-perform the non-conforming services. III. TRACKING SOFTWARE. A. If Tracking Software is involved, You grant Permission to Install and Maintain Tracking Software. We own software ("Tracking Software") that enables Us to monitor the usage of, and the copy count produced on, the Equipment. You agree that We shall have the right, at any time during the term of this Agreement, to install the Tracking Software on one or more of Your computer networked station(s). You agree to provide Us, during normal business hours, access to Your computer- networked station(s) to enable Us to upgrade, modify or maintain the Tracking Software or to install new releases or additions to the Tracking Software. Under no circumstances will the Tracking Software provide Us access to Your information other than information directly related to this Agreement. You agree to not delete or remove the Tracking Software or to alter, modify or otherwise render it unusable during the term of this Agreement without the prior written consent of Us. If You disagree, then We retain the right to invoice You the prevailing hourly billable rate for labor required to obtain meter readings, per meter reading cycle. B. No License, other Prohibitions. Nothing herein shall be construed as granting a license to You for the use of the Tracking Software. You may not, nor may You permit or cause any other person to (a) use or copy the Tracking Software, in whole or in part, in any manner, (b) modify, translate, reverse engineer, decompile or dissemble the Tracking Software, (c) rent, lease, loan, resell, distribute, use in a customer-server network to provide third parties access to, or otherwise transfer the Tracking Software, or (d) remove any proprietary notices on the Tracking Software. C. Intellectual Property Rights. All rights (including all intellectual property rights, whether recognized currently or in the future) in and to the Tracking Software (including any source code, executable code, object code, tools and/or libraries related to the Tracking Software) will at all times be owned by Us. No modifications and/or use by You of the Tracking Software shall under any circumstances transfer any right, title or interest in or to the Tracking Software to You or any third party. D. Tracking Software Warranty, Liability. You acknowledge that the Tracking Software will be installed on Your networked workstation(s) "as is" without warranty of any kind, either express or implied, including the implied warranties of merchantability, and fitness for a particular purpose. We do not warrant that the Tracking Software will be error free or will operate without interruption. We shall in no event be liable to You for any special, consequential, incidental or indirect damages in connection with the Tracking Software. If the software is found to cause issues on Your network, and these issues can be reasonably associated to the installation of the software through uniform software testing and tracing methodologies, Our liability will be limited to the removal of said Tracking Software from Your environment. IV. MISCELLANEOUS. A. Software. Performance issues related to Software and/or connectivity are not covered under the terms of this Agreement. Any warranties related to Software will be those offered by the manufacturer and will be passed directly to the user. B. Software/Hardware. Connectivity and performance issues related to Software and non-standard hardware are not covered under the terms of this Agreement. Any warranties related to these solutions, which include but are not be limited to: HP Digital Sending Software, Web Jet Admin, Auto Store, any OCR software, computers and scanners, will be those offered by the manufacturer and passed directly to the user. Operation and configuration of the Software will be the responsibility of You after initial install and operation test of (1) "Send To" folder is completed by Us. 25D-23 25D-24 EXHIBIT B-2 CUSTOMER CARE MAINTENANCE AGREEMENT 25D-25 3 DRAFT CUSTOMER CARE MAINTENANCE AGREEMENT G Off i ce S O I u t I O n S Version Date October 10, 2012 ?.u? ivr?cea ?rn?ric: AUUKtS?: CIl Y / STAI E / ZIP City of Santa Ana 20 Civic Center Plaza M-16 Santa Ana, CA 92702 BILLING CONTACT: PHONE: FAX: Robert Cortez 714-647-5295 TBD Robert Cortez 714-647-5295 LOCATION ADDRESS: FAX: EMAIL: 20 Civic Center Plaza rcortez5(d-)santa-ana.orq PHYSICAL LOCATION DESCRIPTION: METER CONTACT: PHONE: CITY: STATE: _ ZIP CODE: METER EMAIL ADDRESS: NSanta Ana MODEL SERIAL NUMBER EQUIPMENT ID NUMBER START METER TED AGREEMENT ENT ITLEMENT t.l1 flt?$ A?ttkrt'? ? tf:7t t?phEaN T4M?F( , "?G 1'flll7Cx ?' r':8$ rIA?'E included included DE included included included TAIL • included included no no 10!16/2012 AUTHORIZATIONS TOTAL BASE CHARGE COMMENTS: N/A ` Owned outright copiers. BASE CHARGE FREQUENCY METER FREQUENCY AUTHORIZING CONTRACT NUMBER: N/A Monthly Billed Quarterly B/W cost per cop/ VOLUME OVERAGE BASE MIN B/W PMT PURCHASE ORDER NUMBER: $0.0129 Color cost per copy VOLUME OVERAGE BASE MIN B/W PMT. Initial .Here . I have read and understand our obligations under the terms and conditions stated herein, and on the reverse side thereof as the only $0M9. , agreement pertaining to the equipment hereunder. No other agreements a I nl I t d th f f hi ' pp y u ess express y no a on a ace o t s agreement or in the contracts specified above. I understand all meter counts are based on MANAGED PRINT SERVICES PRICING (MPS) 8.5x11 (minimum) single sided images. W PRINT RATE VOLUME ( Customer has declined maintenance coverage at this time. The customer Initial Here understands obtaining maintenance coverage later may incur charges in COLOR PRINT RATE VOLUME N/A addition to the normal maintenance charges and has been informed as to the current time and material billing rates. PRINTED NAME: CUSTOMER SIGNATURE: X TERMS (Months) AGGREGATE CONSOLIDATE MASTER CONTRACT NUMBER DATE: 25D-26 1. GENERAL SCOPE OF COVERAGE This Agreement covers both the labor and the material for adjustments, repair and replacements of parts ("Maintenance") as required by normal use of the equipment identified on the front page of this Agreement ("Equipment"). Maintenance does not cover charges for installation, relocating or de-installation of the Equipment. Service necessary to repair damage to the Equipment caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or parts, use of substandard facsimile (thermal) paper or substandard supplies, other causes beyond the control of C3 Offfice Solutions or such causes which would void the Equipments' warranty are not covered by this Agreement. Any such repairs identified in the proceeding sentence shall be separately billed to customer and may lead to the termination of this Agreement. In addition, C3 Offfice Solutions may terminate this Agreement if the equipment is modified, damaged, altered or serviced by personnel other than the C3 Offfice Solutions Authorized Personnel, or if parts, accessories or components not meeting machine specifications are titled to the Equipment. Maintenance shall not cover charges for repairs needed as a result of Customer or third party modifications to software or hardware. 2. MAINTENANCE VISITS Maintenance visits will be made during standard weekday business hours at the address shown on the first page of this Agreement. Maintenance visits requested for holidays, weekends or after standard business hours may result in additional charges for travel and labor pursuant to C3 Office Solutions standard overtime rates in effect at the time Maintenance visit. Maintenance performed during a Maintenance visit includes lubrication and cleaning of the Equipment and the adjustment, repair or replacement of parts described below. 3. REPAIR AND REPLACEMENT OF PARTS, All parts necessary for proper operation of the Equipment requiring replacement due to normal wear and tear, subject to the general scope of coverage, will be furnished free of charge during a service call. 4. MAJOR REPAIRS AND UPGRADES Major repairs resulting from misuses of the product. overall failure of the Equipment resulting from the normal end of life cycle of the Equipment and other repairs 5. USE OF C3 Office Solutions SUPPLIES Customer is not obligated to use C3 Offfice Solutions approved supplies under this Agreement. If, however, the Customer uses other than C3 Offfice Solutions approved supplies (other than paper) and such supplies result in damage to the device, C3 Office Solutions may, at its discretion, assess a surcharge or terminate this Agreement. If C3 Office Solutions terminates this Agreement, C3 Offfice Solutions may make service available on a "Per Call" basis based upon C3 Offfice Solutions standard rates in effect at the time of service . 6. SUPPLIES Supplies selected, if any, on the front of this Agreement ("Supplies"), shall be included under this Agreement. C3 Offfice Solutions will provide such selected Supplies to the Customer based upon normal yields. Supplies provided are for use with the Equipment covered by this Agreement only and are not for resale or for use with other equipment. If the Customer's usage of the Supplies exceeds the normal yields for the Equipment being serviced, C3 Offfice Solutions will invoice and the Customer agrees to pay, for the excess supplies at C3 Office Solutions current retail prices then in effect. C3 Offfice Solutions reserves the right to charge for supplies and freight. Normal yield is defined as the published industry standard yield for the product model covered under this Agreement. 7. ELECTRICAL REOUIRMENTS In order to insure optimum performance of the Equipment, Customer must comply with all Sharp required electrical specification, including but not limited to use of designated circuit and outlets and required voltage requirements. These power standards are required by UL and/or local safety regulations. C3 Office Solutions can cancel the agreement should customer not comply with C3 Office Solutions recommended electrical requirements 8. CHARGES The initial charge for Maintenance under this Agreement is non-refundable and shall be the amount set forth on the first page of this Agreement. The annual maintenance fee with respect to any renewal term, will be charged at the time of term renewal. Customer shall be charged according to the payment cycle indicated on the front page of this Agreement. Customer shall pay all charges within ten (10) days of the due date. Excess late charges over 60 days, will result in late charges equal to 5% of invoice. C3 Office Solutions reserves the right to cancel this Agreement upon written notice to the Customer, or C3 Offfice Solutions may charge (and Customer hereby agrees to pay) a fair and reasonable upcharge for continued service. Typically related to extreme rural relocationsRates are fixed for the term of the cantraci 9. METER READING Customer is obligated to provide meter reading(s) in a timely manner upon request. If the Customer fails or refuses to provide the meter reading in a timely manner, C3 Office Solutions may estimate the meter based upon previous billing and service meter readings. The estimated meter will then be applied in the same manner as if the meter had been supplied by the Customer and the Customer agrees to pay any overage charges that may result from the estimated meter reading. 10. TERM This Agreement shall become effective upon C3 Offfice Solutions receipt from Customer of the initial non-refundable maintenance charge if applicable, as set forth on the first page of this Agreement, or for such Customers that are to be billed in arrears, upon the date indicated in the "Start Date" portion of the first page of this Agreement. The term of this Agreement shall be as specified on the first page of this Agreement. 11. EVENT OF DEFAULT AND TERMINATION The Customer's failure to pay any amount due under this Agreement, or breach of any other obligation herein shall constitute an Event of Default. Upon an Event of Default, C3 Offfice Solutions may in its discretion take any one or more of the following actions: (I) cease performing all Maintenance or any other service under this Agreement; (ii) furnish Maintenance or service upon a prepaid, "Per Call" basis, and/or (iii) terminate this Agreement. Customer shall be obligated to pay any amounts due and owing to C3 Offfice Solutions within (10) days of the expiration or termination of this Agreement. Customer, upon payment of all such amounts due, shall thereafter have no further liability or obligation to C3 Office Solutions whatsoever for any further fees or expenses arising hereunder. In the event C3 Offfice Solutions terminates this Agreement because of the breach of Customer, C3 Offfice Solutions shall be entitled to payment for work in progress plus reimbursement for out-of-pocket expenses. 12. INDEMNITY Customer shall indemnify, save and hold C3 Office Solutions, its affiliates, officers, directors, shareholders, employees, agents and representatives and its and their successors and assigns ("C3 Office Solutions Parties") harmless from and against any liability, loss cost, expense or damage whatsoever caused by reason of any breach of this Agreement by Customer or by reason of any injury, whether to body, property or business or to any other person by reason of any act, neglect, omission or default by Customer. Customer shall defend, at its sole and absolute cost, any action to which this indemnity shall apply. In the event Customer fails to defend such action, C3 Offfice Solutions may do so and recover from Customer in addition, all costs and expenses, including, attorneys' fees in connection therewith. C3 Offfice Solutions shall be entitled to recover from Customer all costs and expenses including without limitation, attorney's fees and disbursement, incurred by C3 Office Solutions in connection with actions taken by C3 Office Solutions or its representatives (i) to enforce any provision of this Agreement, (ii) to effect any payments or collections provided for herein; (iii) to institute, maintain, preserve, enforce and foreclose on SOS's security interest in or lien on the goods, whether through judicial proceedings or otherwise, or (iv) to defend or prosecute any actions or proceedings arising out of or relating to any C3 Office Solutions transactions with Customer. 13. ENTIRE AGREEMENT This constitutes the entire Agreement between the parties relating to the subject matter hereof. Any modifications to this Agreement must be in writing and signed by both parties. 14. SUCESSORS AND ASSIGNS, TERMINATION Neither party may assign this Agreement or any of its rights or obligations hereunder, without the prior written approval of the other party, which will not be unreasonably withheld, except that either party may assign its obligations and rights to a wholly owned subsidiary, parent corporation, or entity under the same ownership, operation or control. 15. SEVERABILITY If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The Parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly affects the Parties' original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provision of this Agreement shall remain in full force and effect. 16. COUNTERPARTS AND FACSIMILE SIGNATURES This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding, that all the parties have not signed the same counterpart. A faxed signature of this Agreement bearing authorized signatures may be treated as an original. 17. JURISDICTION All parties hereby consent to the exclusive jurisdiction *Of the Federal Courts located in CA and the State Courts located in CA in any proceeding arising out of or relating to this Agreement. 25D-27 18. LIMITATION OF LIABILITY To the extent permitted by law, in no event shall C3 Offfice Solutions be liable to Customer for any special, incidental, consequential, or indirect damages, loss of business profits, business interruption, loss of business information arising out of the inability to use the Equipment. The Customer acknowledges that the Maintenance provided by C3 Office Solutions is for the mechanical maintenance of the Equipment only, and that this Agreement does not cover any software, networking or any other connectivity or functionality unrelated to the device(s) described in this agreement. Network and or connectivity services not included in this contract are available from C3 Office Solutions at additional costs. 19. FORCE MAJEURE C3 Offfice Solutions shall not be liable to Customer for any failure or delay caused by events beyond C3 Offfice Solutions control, including. without limitation, Customers failure to furnish necessary information, sabotage, failure or delays in transportation or communication, boycotts, embargoes; failures or substitutions of equipment; labor disputes; accidents; shortages of labor, fuel, raw materials, machinery, or equipment; technical failures, fire, storm, flood; earthquake, explosion, acts of the public enemy, war, insurrection; riot, public disorder, epidemic; quarantine restrictions; acts of God; acts of any government or any quasi-governmental authority, instrumentality or agency. 20. NO WARRANTY C3 Offfice Solutions DISCLAIMS ALL WARRANTIES, EXPESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. 21. INSURANCE If the Customer is leasing the equipment, the Customer shall obtain and maintain, at its own expense, insurance relating to claims for injury and/or property damage (including commercial general liability insurance) based on its use of the equipment, goods and machinery. 25D-28 EXHIBIT B-3 SAMPLE EQUIPMENT LEASE AGREEMENT 25D-29 C3 Office Solutions (Sample agreement, pending financial review) TBD Lease Purchase Agreement # • Equipment MFG Model & Description Serial Number Accessories See attached schedule for additional Equipment! Accessories (Billing Address: !E ui ment Location: • Lease Rate % : (Must complete for AR, GA, MD, NH, NJ, NM, TX, WI) Purchase Option: TBD Office C3 Solutions, LLC Lease Rate Factor: (Must complete for all other states) 1 565 McCaw, Suite C L (plus applicable taxes) Term:36 (months) ease Payment: $ Irvine, CA 92614 'd) Billing Period: ?Monthly MQuarterly ? Semi-Annually LJAnnually (Monthly if not checked) The following additional payments are due on the date this Lease is signed by you: Advance Payment: $N/A (plus applicable taxes) Applied to: I First Last YOU HAVE SELECTED THE EQUIPMENT THE SUPPLIER AND ITS REPRESENTATIVES ARE NOT AGENTS OF ANY ASSIGNEE OF LESSOR AND ARE NOT AUTHORIZED TO MODIFY THE TERMS OF THIS LEASE YOU ARE AWARE OF THE NAME OF THE MANUFACTURER OF EACH ITEM OF EQUIPMENT AND YOU WILL CONTACT EACH MANUFACTURER FOR A DESCRIPTION OF YOUR WARRANTY RIGHTS, WE MAKE NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR OTHERWISE WE PROVIDE THE EQUIPMENT TO YOU AS-IS YOU AGREE TO USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS, AND NOT FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEGAL, TAX OR ACCOUNTING TREATMENT OF THIS LEASE AND YOU ACKNOWLEDGE THAT WE ARE AN INDEPENDENT CONTRACTOR AND NOT A FIDUCIARY OF LESSEE YOU WILL OBTAIN YOUR OWN LEGAL, TAX AND ACCOUNTING ADVICE RELATED TO THIS LEASE AND WILL MAKE YOUR OWN DETERMINATION OF THE PROPER LEASE TERM FOR ACCOUNTING PURPOSES EXCEPT TO THE EXTENT PROVIDED IN SECTION 2, YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL. THIS LEASE SHALL BE DEEMED FULLY EXECUTED AND PERFORMED IN THE STATE OF LESSEE'S PRINCIPAL PLACE OF BUSINESS AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SUCH LAWS TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS BY SIGNING THIS LEASE, YOU ACKNOWLEDGE RECEIPT OF PAGES 1 AND 2 OF THIS LEASE, AND AGREE TO THE TERMS ON PAGES 1 AND 2 ORAL AGREEMENTS OR COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT INCLUDING PROMISES TO EXTEND OR RENEW SUCH DEBT ARE NOT ENFORCEABLE. TO PROTECT YOU AND US FROM MISUNDERSTANDING OR DISAPPOINTMENT, ANY AGREEMENTS WE REACH COVERING SUCH MATTERS ARE CONTAINED IN THIS WRITING, WHICH IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT TERMS AND CONDITIONS 1. COMMENCEMENT OF LEASE Commencement of this Lease and acceptance of the Equipment shall occur upon delivery of the Equipment to you ("Commencement Date"). To the extent that the Equipment includes intangible property or associated services such as periodic software licenses and prepaid database subscription rights, such intangible property shall be referred to as "Software". You understand and agree that we have no right, title or interest in the Software and you will comply throughout the Term of this Lease with any license and/orother agreement ("Software License") entered into with the supplier of the Software ("Software Supplier'), You are responsible for entering into any Software License with the Software Supplier no later than the Commencement Date of this Lease. You agree to inspect the Equipment upon delivery and verify by telephone or in writing such information as we may require If you signed a purchase order or similar agreement for the purchase of the Equipment, by signing this Lease you assign to us all of your rights, but none of your obligations under it All attachments, accessories, replacements, replacement parts, substitutions, additions and repairs to the Equipment shall form part of the Equipment under this L ease 2. LEASE PAYMENTS. You agree to remit to us the Lease Payment and all other sums when due and payable each Billing Period at the address we provide to you from time to time You agree that you will remit payments to us In the form of company checks (or personal checks in the case of sole proprietorships), direct debit or wires only You also agree cash and cash equivalents are not acceptable forms of payment for this Lease and that you will not remit such forms of payment to us Payment in any other form may delay processing or be returned to you. Furthermore, only you or your authorized agent as approved by us will remit payments to as Lease Payments will include any freight, delivery, installation and other expenses we finance on your behalf at your request Lease Payments are due whether or not you receive an invoice You authorize as to adjust the Lease Payments by not more than 15% to reflect any reconfiguration of the Equipment or adjustments to reflect applicable sales taxes or the cost of the Equipment by the manufacturer and/or Supplier NON-APPROPRIATION OF FUNDS You intend to remit to us all I ease Payments and other payments for the full Term if funds are legally available In the event you are not granted an appropriation of funds at any time during the Terre for the Equipment or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to you to pay Lease Payments and other payments due and to become due underthis Lease, and there is no other legal procedure or available funds by or with which payment can be made to us, and the non-appropriation did not result from an act or omission by you, you shall have the right to return the Equipment in accordance with Section 12 of this Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to you, except as to the portion of the Lease Payments for which funds shall have been appropriated and budgeted, At least thirty (30) days prior to the end of your fiscal period, your chief executive officer (or legal counsel) shall certify in writing that: (a) funds have not been appropriated for the fiscal period; (b) such non-appropriation did not result from any act or failure to act by you; and (c) you have exhausted all funds legally available to pay Lease Payments If you terminate this Lease because of a non- appropriation of funds, you may not purchase, lease or rent, during the subsequent fiscal period, equipment performing the same functions as, or functions taking the place of, those performed by the Equipment provided, however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Lease This Section 2 shall not permit you to terminate this Lease in order to acquire any other Equipment or to allocate funds directly or indirectly to perform essentially the application for which the Equipment Is intended 3. LEASE CHARGES You agree to: (a) pay all costs and expenses associated with the use, maintenance, servicing, repair or replacement of the Equipment; (b) pay all fees, assessments, taxes and charges governmentally imposed upon Lessor's purchase, ownership, possession, leasing, renting, operation, control or use of the Equipment and to pay all premiums and other costs of Insuring the Equipment; (c) reimburse us for all costs and expenses incurred in enforcing this Lease; and (d) pay all other costs and expenses for which you are obligated under this Lease (the amounts set forth in clause (a) through (d) being collectively referred to as "Lease Charges'). For U.S. federal income tax purposes, the parties hereto agree that it is their mutual intention that you shall be considered the owner of the Equipment and we shall in no event be liable to you if you fail to secure any U.S. federal income tax benefits available to the owner of the Equipment We may lake on your behalf any action required under this Lease which you fail to take, and upon receipt of our invoice you will promptly pay our costs (including insurance premiums and other payments to affiliates), plus reasonable processing fees Restrictive endorsements on checks you send to us will not reduce your obligations to us We may charge you a return check or non-sufficient funds charge of $25 for any check which is returned by the bank for any reason (not to exceed the maximum amount permitted by law). Continued on Page 2 LESSOR ("We". "Us") C3 Office Solutions, LLC By: X (Lessee Full Legal Name) By: X Name: Name: Title: Title: Date: Date: Federal Tax ID Page 1 of 2 C3 SLG 200(c) $BO Commercial Priced 10/12 25D-30 4. PAYMENT OF TAXES. In addition to the Lease Payments under this Lease, you agree to pay all sales, use, excise, gross receipts and other taxes, charges and fees upon or with respect to the Equipment or the possession, ownership, use or operation, control or maintenance thereof and relating to this Lease, whether due before or after the end of the Term to the extent legally permissible. You also agree to file all required property tax returns and promptly pay all properly taxes which may be assessed against the Equipment during the term of this Lease and, if we ask, provide us with proof of payment. You agree that if we are required by the applicable taxing jurisdiction to pay such taxes, you will promptly reimburse us for such tax payment 5. LATE CHARGES. For any payment which is not received within three (3) days of Its due dale, you agree to pay a late charge not to exceed the higher of 10% of the amount due or $35 (not to exceed the maximum amount permitted by law) as reasonable collection costs 6. OWNERSHIP, USE, MAINTENANCE AND REPAIR. The parties agree that it is their mutual intention that you shall be considered the owner of the Equipment (other than Software) for various purposes, including federal Income tax purposes, as of the Commencement Date, and you hereby grant to us and we reserve a security interest in the Equipment to secure all of your obligations under this Lease we hereby assign to you all our rights under any manufacturer and/or supplier warranties, so long as you are not in default hereunder, You must keep the Equipment free of hens You may not remove the Equipment from the address indicated on page 1 of this Lease without first obtaining our approval. You agree to: (a) keep the Equipment in your exclusive control and possession, (b) use the Equipment in conformity with all insurance requirements, manufacturers instructions and manuals; (c) keep the Equipment repaired and maintained in good working order and as required by the manufacturer's warranty, certifcation and standard full service maintenance contract; and (d) give as reasonable access to inspect the Equipment and its maintenance and other records, 7. INDEMNITY. You are responsible for all losses, damages, claims, infringement claims, injuries and attorneys' fees and costs, including, without limitation, those incurred in connection with responding to subpoenas, third party or otherwise ("Claims"), incurred or asserted by any person, in any manner relating to the Equipment, including its use, condition or possession. You agree to defend and indemnify us against all Claims, although we reserve the right to control the defense and to select or approve defense counsel. This indemnity continues beyond the termination of this Lease for acts or omissions which occurred during the Term of this Lease 8. LOSS OR DAMAGE. If any item of Equipment is lost, stolen or damaged you will, at your option and cost, either (a) repair the item or replace the item with a comparable item reasonably acceptable to us; or (b) pay us the sum of the following amounts (such sum hereinafter the "Casually Value"): (i) all past due and current Lease Payments; plus (ii) the present value of all remaining Lease Payments for the effected item(s) of Equipment, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher) Upon our receipt of the Casually Value, we will release any security interest which we may have in the effected item(s) for which payment is made, and transfer to you all our right, title and Interest in such effected Item(s) AS-IS AND WHERE-IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE. Insurance proceeds shall be applied toward repair, replacement or payment hereunder, as applicable No such loss or damage shall relieve you of your payment obligations hereunder. 9. INSURANCE. You agree, at your cost, to: (a) keep the Equipment Insured against all asks of physical loss or damage for its full replacement value, naming us as loss payees as our interests may appear; and (b) maintain public liability insurance, covering personal injury and Equipment damage for not less than $300,000 per occurrence, naming us as additional insured. The policy must be Issued by an insurance carrier acceptable to us, must provide as with not less than 15 days' prior written notice of cancellation, non-renewal or amendment, and must provide deductible amounts acceptable to us. If you do not provide acceptable insurance, we have the right, but no obligation, to obtain insurance covering our interest (and only our interest) In the Equipment for the Lease Term and any renewals Any insurance we obtain will not Insure you against third party or liability claims and may be cancelled at any time In the event we elect to obtain such insurance, you will be required to pay us an additional amount each Billing Period for the cost of such insurance and an administrative fee, the cost of which insurance and administrative fee may be mom than the cost to obtain your own insurance and on which we may make a profit 10. DEFAULT. You will be in default under this Lease if: (a) you fail to remit to us any payment within ten (10) days of the due date or breach any other obligation under this Lease; (b) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law; or (c) any representation made by you is false or misleading in any material respect; (d) you become insolvent, are liquidated or dissolved. merge, transfer a material portion of your ownership interest or assets, stop doing business, or assign rights or property for the benefit of creditors; or (e) you default under any other agreement with us or our assignees 11. REMEDIES If you default, we may do one or more of the following: (a) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, the sum of: (1) all past due and current Lease Payments and Lease Charges; and (ii) the present value of all remaining Lease Payments, discounted at the rate of 6% per annum (or the lowest rate permitted by law, whichever is higher); (b) declare any other agreements between as in default; (c) require you to return all of the Equipment in the manner outlined in Section 12, or take possession of the Equipment , in which case we shall not be held responsible for any losses directly or indirectly arising out of, or by reason of the presence and/or use of any and all proprietary information residing on or within the Equipment , and to lease or sell the Equipment or any portion thereof, and to apply the proceeds, less reasonable selling and administrative expenses, to the amounts due hereunder; (d) charge you interest on all amounts due as from the due date until paid at the rate of 1-1/2% per month, but in no event more than the lawful maximum rate; and (e) charge you for expenses incurred in connection with the enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys' fees and court costs- These remedies am cumulative, are in addition to any other remedies provided for by law, and may be exercised concurrently or separately Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right 12. END OF TERM; RETURN OF EQUIPMENT. If you are not in default, and all of your obligations under this Lease have been satisfied, including receipt by us of all monies due under this Lease, including but not limited to, the periodic scheduled payments, late charges, and reimbursement for property taxes (if applicable), we will release any security interest which we may have in the Equipment at the end of the Term You shall have no obligation to provide any end-of-term notice to us, and this Lease shall not be renewed If you are in default, (or a non-appropriation of funds occurs) you shall: (1) return all of the Equipment, freight and insurance prepaid at your cost and risk, to wherever we indicate In the continental United States, with all manuals and logs, in good order and condition (except for ordinary wear and tear from normal use), packed per the shipping company's specifications; and (2) securely remove all data from any and all disk drives or magnetic media prior to returning the Equipment (and you are solely responsible for selecting an appropriate removal standard that meets your business needs and complies with applicable laws). You will pay us for any loss in value resulting from the failure to maintain the Equipment in accordance with this Lease or for damages incurred in shipping and handling. 13. ASSIGNMENT. You may not assign or dispose of any rights or obligations under this Lease or sublease the Equipment without our prior written consent We may, without notifying you: (a) assign all or any portion of this Lease or our interest in the Equipment; and (b) release information we have about you and this Lease to the manufacturer, Supplier or any prospective investor, participant or purchaser of this Lease. If we do make an assignment under subsection 13(a) above, our assignee will have all of our rights under this Lease, but none of our obligations. You agree not to assert against our assignee claims, offsets or defenses you may have against us 14 MISCELLANEOUS Notices must be in writing and will be deemed given five (S)days after mailing to your (or our) business address. You represent that: (a) you are the entity indicated in this Lea se; (b) any documents required to be delivered in connection with this Lease (collectively, the "Documents") have been duly authorized by you in accordance with all applicable laws, rules, ordinances and regulations; (c) the Documents are valid, legal, binding agreements, enforceable with their terms and the person(s) signing the Documents have the authority to do so, am acting with the full authorization of your governing body, and hold the offices indicated below [heir signatures; (d) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the Term only by you to perform such function; (e) you intend to use the Equipment for the entire Term and shall take all necessary action to include in your annual budget any funds required to fulfill your obligations each fiscal period during the Term; (f) you have complied fully with all applicable law governing open meetings, public bidding and appropriations, required in connection with this Lease and the debt under applicable state law; (g) your obligations to remit Lease Payments constitutes a current expense and not a debt under applicable state law; (h) this Lease is binding on you and your successors and assigns; and all financial information you have provided Is true and reasonable representation of your financial condition. This Lease. (i) constitutes the entire agreement of the parties with respect in the subject matter thereof; (ii) supersedes all other writings, communications, understandings, agreements, purchase orders, solicitation documents (Including, without limitation, any request for proposal and responses thereto and other related documents (together, the "Bid Documents") and other representations, express or implied ("Prior Understandings"), and may not be contradicted or amended by Prior Understandings; and (iii) may be amended or modified only by written documents duly authorized, executed and delivered by the parties. This lease is binding on you and your successors and assigns. You authorize us, our agent or our assignee to: (a) obtain credit reports and make credit inquiries; (b) furnish your information, Including credit application, payment history and account information to credit reporting agencies and our assignees, potential purchasers Or investors and parties having an economic interest in this Lease or the Equipment, including, without limitation, the seller, Supplier or any manufacturer of the Equipment; and (c) you irrevocably grant as the power to prepare, sign on your belief (if applicable), and file, electronically or otherwise Uniform Commercial Code ("UCC") financing statements and any amendments thereto or continuation thereof relating to the Equipment, and containing any other information required by the applicable UCC. Any claim you have against us must be made within two (2) years after the event which caused it. If a court finds any provision of this Lease to be unenforceable, all other terms shall remain in effect and enforceable. You authorize us to insert or correct missing information on this Lease, Including your proper legal name, serial numbers and any other information describing the Equipment. If you so request, and we permit the early termination of this Lease, you agree to pay a fee for such privilege. THE PARTIES INTEND THIS TO BE A "FINANCE LEASE" UNDER ARTICLE 2A OF THE UCC. YOU WAIVE ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC. YOU FURTHER HEREBY BY ACKNOWLEDGE AND AGREE THAT WE AND/OR SUPPLIER MAY MAKE A PROFIT ON ANY AND ALL FEES REFERENCED HEREIN AND, IN SO DOING WAIVE ANY AND ALL CLAIM WHICH YOU MAY HAVE FOR UNJUST ENRICHMENT. We may receive compensation from the manufacturer and/or Supplier of the Equipment in order to enable us to reduce the cost of this Lease below what we otherwise could charge If we received such compensation, the reduction in the cost of this Lease is reflected in the Lease Payment. 15. TIME PRICE. You understand that the Equipment may be purchased for cash (the "Equipment Cost") or purchased pursuant to this Lease for a time Price equal to the Lease Payment times the number of Lease Payments, plus the Document fee, plus the Purchase Option amount, all as set forth an page 1 of this lease, and by executing this Lease you have chosen to purchase the Equipment for that Time Price. 16. LEASE RATE FACTOR. Each Lease Payment includes a part of our investment in the Equipment Cost and a return on our investment in this lease. The total return on our investment (the total finance charge) is determined by multiplying the Lease Payment times the number of lease Payments, then adding the Document Fee and the Purchase Option amount (all as set forth on page 1 of this lease), then deducting the Equipment Cost (as determined above). The difference so determined is the return to us on our Investment (the total finance charge). The rate of the return (finance rate) may be determined by applying to the Equipment Cost, the rate that will amortize the Equipment Cost down to the Purchase Option amount by applying as payments, the lease Payments and the Document Fee. For purposes of that amortization, each Lease Payment, including the Advance Payment, will be considered received on the date It is required to be paid under this Lease, and the Document Fee will be considered received on the date of this Lease. 17. LIMITATIONS ON CHARGES. This Section controls over every other part of this Lease and over all other documents now or later pertaining to this Lease. We both intend to comply with all applicable laws. In no event will we charge or collect any amounts in excess of those allowed by applicable law. Any part of this Lease or any other documents now or hereafter pertaining to the Lease that could, but for this section, be read under any circumstance to allow for a charge higher than that allowable under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Lease to the maximum amount allowed under the legal limit. If in any circumstance, any amount in excess of that allowed by law is Charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by us In excess of that legally allowed will be applied by us to the payment of amounts legally owedunderthis Lease, or refunded to you. 18. ELECTRONIC TRANSMISSION OF DOCUMENTATION This Lease may be executed in counterparts. The executed counterpart which has our original signature and or is in our possession shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement for all purposes, including, without limitation: (i) any hearing, trial or proceeding with respect to this Lease; and (ii) any determination as to which version of this Lease constitutes the single true original item of the chattel paper under the UCC. If you sign and transmit this Lease to us by facsimile or other electronic transmission, the transmitted copy shall be binding upon the parties. You agree that the facsimile or other similar electronic transmission of this Lease manually signed by us, when attached to the facsimile or other electronic copy signed by you, shall constitute the original agreement for all purposes. The parties further agree that, for purposes of executing this Lease, and at our sole discretion: (a) a document signed and transmitted by facsimile or other electronic transmissions shall be treated as an original document; (b) the signature of any party on such document shall be considered as an Original signature; (c) the document transmitted shall have the same effect as a counterpart thereof containing original signature; and (d) at our request, you, who executed this Lease and transmitted its signature by facsimile or other electronic transmission shall provide the counterpart of this Lease containing your original manual signature to us. No party may raise as a defense to the enforcement of this Lease that a facsimile or other electronic transmission was used to transmit any signature of a party to this Lease. Page 2 of 2 C3 SLG 200(c) $BO Commercial Priced 10112 25D-31 25D-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: AMENDMENT TO AGREEMENT FOR MERCHANT PAYMENT SERVICES WITH TRANSFIRST, LLC _(? ! (,-- /) \'?' 0, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached fifth amendment to agreement with TransFirst LLC, approving compensation not to exceed $165,000 annually, for two one-year terms commencing October 1, 2011 and continuing through September 30, 2013. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking related services for the City. A component of banking is payment processing. Currently, customers are able to use a credit card to pay City of Santa Ana fees or charges. Acceptance of a credit card as a form of payment involves utilizing a merchant service company. TransFirst presents MasterCard and Visa transactions on behalf of the City for a (discount) fee as dictated in part by MasterCard and Visa. An amendment approved in April 2012 provided for the agreement to continue through September, 2012. However, clarification regarding the period in which funding was requested for is needed. We are seeking funding for the prior term from October, 2011 through September, 2012 in addition to the extended term through September, 2013. Renewal of the amended agreement with TransFirst, LLC is needed for the processing of credit card payments for a total not to exceed $165,000 annually. FISCAL IMPACT Funds are budgeted and available in various department accounts (various -62300). Francisco Gutierrez Executive Director Finance & Management Services Agency 25E-1 25E-2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT (this "Amendment") is entered into on October 1, 2012, by and between TransFirst Health and Government Services, LLC ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The City and Consultant entered into Consultant Agreement # N-2004-024 dated March 1, 2004 (hereinafter the "Agreement") pursuant to which Consultant has provided both credit card and electronic payment processing services for City utility bill customers. B. By Amendments A-2007-051, dated February 20, 2007; A-2008-198, dated July 7, 2008; and A-2009- 038, dated April 6, 2009, the parties extended the term of said Agreement and added compensation to pay for services during the extended term. C. The Parties wish to clarify their intent that Amendment A-?_012-082, dated April 16, 2012, extended the term and provide compensation in an annuai amount of $165,000 during the two year term of said Amendment. D. The parties now wish to amend the Agreement to extend the term and provide compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: Section La., COMPENSATION, shall be amended to provide compensation in an annual amount of One Hundred Sixty-Five Thousand Dollars ($165,000.00) for services provided during the term from October 1, 2011 through September 30, 2013. Section 2, TERM, shall be amended to extend the termination date to September 30, 2013. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Signatures on following page 25E-3 IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement on the date and year first written above. ATTEST: C I i' f OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney PAUL M. WALTERS City Manager TRANSFIRST HEALTH AND GOVERNMENT SERVICES Bv: Cf-IRISTY COREY President 25E-4 I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: SETTLEMENT AGREEMENT FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached settlement agreement with Enrique Santiago dba El Jalapenos Mexican Food, tenant of the property located at 1221 East First Street, Unit C (APNs 398-454-12 & 13), in the amount of $73,230, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Grand Avenue is a major north-south transportation facility, which is designated as a major arterial highway and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue between First and Seventeenth Streets has been a long-term priority project that will be constructed in several phases. Improvements include widening the street from two to three lanes in each direction; raised landscape medians; curb, gutter, and sidewalk construction; and bike lanes. The Public Works Agency is acquiring property for Phase I between First and Fourth Streets, and expects to complete the acquisition process by June 2013 and start construction in the summer of 2013. The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the widening of Grand Avenue and sets standards for benefit amounts (Exhibit 1). The tenant at 1221 East First Street, Unit C, has agreed to the settlement amount of $73,230, which is for all rights, title, and interest, including fixtures and equipment. The compensation amount for this property is the appraised value prepared by an appraiser licensed by the State of California. 25F-1 Settlement Agreement for Grand Avenue Widening October 15, 2012 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared FEIR (SCH No. 1998051068) approved by City Council in 2002. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. FISCAL IMPACT Funds are appropriated in the Regional Surface Transportation Program (accounting unit 05917660-66220) and Transportation System Improvement Area Fund (accounting unit 99117950- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/JG Exhibits: 1. Location Map 2. Agreement 25F-2 (N T S) 398 383-014?? j ( 398- 383-88 m m ? 398-383-13 P j M ! m ! m ! m ! m ! i m ? m i m a m j M i M j M i M i 1 m ? m I m l m l P P i 1 n 1 r i I M 1 r 1 m 1 P I m l n 1 W 1 ? 1 j -• j m I m j m? m I m j I m I m! m! m l m! m! j M I M I M I M I M I M l 1 m 1 m 1 m 1 W 1 m 1 m 1 rPi l rPi i rPi 1 n! m 1 rPi 1 i? i M l o i m i Im i m i m 1? i j ? ND NI 1 1 1 1 m Z ! ° ! i N ' W ON m i m i m i m j ON P P ; m v! n j r i r i i ?, i Q IM ?1 P l m l 1 j 0 la I m I m I m l ? 1 IM MI v 1 v i a 1 1 Q 1 ml m I W I m 1 1 ? 1 0l M I M I M I _? M ' R V -- I N I M I 1 in 1 ?n i I W m j m j m, m i m m j m j 1;! m i m I m i m i m i m! m i 1 P I P I? I P! m I m I P l Pm 1 1 M I M I M I M I M i M I M I M l 1 I N!! in I I I P 1 j j -• i^ i^?^ j m f 1 m ! m! m! m! m! m I 1 M I M I M I M I M I M 1 1 m ! m i W I m i m l m ! rPi 1 rPi 1? 1? 1? i ? 1 THIRD STREET m r_.._.._„_ I m! m I m! m 1 Q i 1 1 1 1 Ia pj1 ! < j v l o i e i e l '? 1 P ! P 1 QW l am, l CD ! P j M I M ? M I M I M I . 1 ,_„_.._r._,, m 1 I m I P l ad'! 1 1 "' 1 I m l m l a 1 m 1 a l a l v l m 1 W I m l m l m l I ? 1 M I? I m l? l SECOND STREET ! mE Nm i m I m E m I m I m 1 m I m i ! °• 1 P I P I P I P l p l a! a l p i I m j m j m i W i m i m j m i m j m m 1 0 1 1 n 1 ! ut0, i ui0i j ? j ? i 1 m j m 1 m j m j P P P P M ? M i M 1 M FIRST STREET _T m ? ? m m LEGEND: SUBJECT PROPERTY EXHIBIT 1 SANTA ANA TNTLE: COLICL SETTLEMENT AGREEMENTS FOR .. P W Q. GO >? AM GRAND AVENUE WIDENING /1 (PROJECT NO: 081732 NON-GENERAL FUND) WOWS ACENCT 25F-3 FOURTH STREET 25F-4 EXHIBIT 2 SELL ALL (NO SALVAGE) Project: Grand Avenue Widening Project APN: 398-454-12 & 13 Tenant-Seller: Enrique Santiago dba El Jalapenos Restauant AGREEMENT FOR ACQUISITION OF TENANT-SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this day of , 2012, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and ENRIQUE SANTIAGO DBA EL JALAPENOS MEXICAN FOOD ("Tenant-Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. "Tenant-Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant-Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1221 E. First Street #C Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit "A" attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant-Seller ("Tenancy Interest") in and to the Premises and the Property. The Improvements to be conveyed by Tenant-Seller are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit "B". 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: SEVENTY THREE THOUSAND TWO HUNDRED AND THIRTY DOLLARS NO1100 DOLLARS ($73,230.00) ("Purchase Price") 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant-Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit "C" in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant-Seller will vacate the property by September 13, 2012. Any and all rents owed to the Buyer prior to the date of vacate will be deducted from the Purchase Price. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant-Seller to Buyer all of Tenant-Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be 25F-5 subject to Tenant-Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant-Seller hereby warrants and certifies under penalty of perjury that Tenant-Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant-Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant-Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: ( a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant-Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant-Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant-Seller do not exceed the net amount to be paid to Tenant-Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant-Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant-Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant-Seller is entitled to payment under this transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant-Seller's interest in the Improvements, "Tenant-Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant-Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 25F-6 12. CLOSING, PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant-Seller, subject to the following adjustments: A. Pay and charge Tenant-Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant-Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant-Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant-Seller hereby acknowledges that the compensation paid to Tenant-Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant-Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for precondemnation damages, loss of business goodwill, and any and all other claims that Tenant-Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding relocation benefits to which Tenant-Seller may be entitled, if any). Tenant-Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees"), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant-Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant-Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant-Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. 25F-7 Tenant-Seller: 5cr 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant-Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant-Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant-Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant-Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant-Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT- SELLER. Tenant-Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant-Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant-Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. Until the Closing, Tenant-Seller shall not do anything which would impair Tenant-Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant-Seller's knowledge, all such items are in good working order. E. To the best of Tenant-Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or 4 25F-8 instrument to which Tenant-Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant-Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 19 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant-Seller nor, to the best of Tenant-Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant-Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), iii defined as a "hazardous material", "hazardous substance", or "hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. S6901, et seq. (42 U.S.C. 56901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant- Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 25F-9 23. INDEMNITY. Tenant-Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or omissions of Tenant-Seller herein. 24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. 6 25F-10 Mailing Address of Tenant-Seller 1221 E. First Street #C Santa Ana, CA 92701 Tenant-Seller By Its: Date: Buyer Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California By: Paul Walters City Manager Date: Attest: By: Maria D. Huizar City Clerk Date: Approved as to Form: Sonia R. Carvalho City Attorney By: Jose Sandoval Chief Assistant City Attorney Date: 7 25F-11 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: LOTS 1, 3, 4,10,11 AND 12 IN BLACK "E" OF SANTA ANA INVESTMENT COMPANYTRAGT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY ONE FOOT OF LOTS 10, 11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO, 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11, PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 300,r OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY BY THE EAST LINE OF SAID LO C 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3,1964, IN BOOK 6990, PAGE i00 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B; LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, COUNTY OF ORANGE:, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN: 398-454-12 and 398-454-13 25F-12 EXHIBIT B PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. IMPROVEMENTS PERTAINING TO THE REALITY VALUE VALUE THROUGHOUT 1 920 SQ. FT. FLOORING, TILE, 6" X 6", CERAMIC, G 5119 $6,890 $0 TERRA COTTA LOOK, INCLUDES BASE BOARD 2 1 HOOD, STAINLESS STEEL, FIRE SUPPRESSANT, A/G 5133 11,900 500 "BEST SYSTEMS", 156" X 48" X 27" H, 4'X 13' STAINLESS STEEL SPLASH, CAPTIVE AIRE, MODEL 4224-DL, 416 CFM/LIN. FT. 3 34 LINEAR FT. COUNTER, WOOD CONSTRUCTION, A 5133 6,930 0 1" X 4" WOOD SLAT FACING, DARK STAIN, 6" X 6" CERAMIC TILE COUNTER, OPEN BASE SHELVING, (16) LIN. FT. OF RAISED COUNTER PARTITION, 16" H, 8" W WOOD COUNTER, PLEXIGLASS FACING, 4 EXTINGUISHER NOZZELS 4 1 SCULLARY SINK, 3 COMPARTMENT, A 5128 1,465 0 (1) GOOSENECK FAUCET, 91" X 36" X 26" INCLUDING ROUGH-IN 5 1 LOT, C/O SIGNAGE: G/P 5132 2,475 0 (2) PAINT DECAL SIGNS, 34" X 17", YELLOW SOLID PAINT INSIDE, 23 INDIVIDUAL VINYL DECAL LETTERING (51) DECAL VINYL LETTERS, 2" H (8) INDIVIDUAL ILLUMINATED PLASTIC 5117 LETTERING, STEEL HOUSING, 20" H (2) VINYL GRAPHICS, RESTAURANT SIGNAGE 5118 AND PHONE NUMBERS, 33" X 81" 6 1 LOT, C/O SIGNAGE: F 880 0 (1) SECURITY STOREFRONT GATE, SLIDING, METAL, ACCORDIAN, 15'X 8'H (1) SECURITY BARS OVER WINDOW, 35" X 82" 7 101 LINEAR FT. CHAIR RAIL, WOOD, PAINTED, 3" W A 5134 225 0 8 3 MINI-BLINDS, METAL, 30" X 9'H F 5130 170 0 9 50 SQ. FT. (EST.), DECORATIVE BRICK ON WALL G 5134 350 0 10 5,600 SQ. FT. RESTAURANT GRAPHIC PAINT, LATINO A/G 1,525 0 THEME (WALLS) 11 1 WATER HEATER, RELIANCE 501, EST. 50 GALLON, F 5121 500 0 GAS INCLUDING ROUGH IN HJELMSTROM ASSOCIATES 25F-1 3 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE 12 1 UTILITY SINK, STAINLESS STEEL, 18"X 18"X 13" F 390 0 DEEP, GOOSENECK FAUCET WITH HOT AND COLD, INCLUDING ROUGH-IN 13 1 AIR CURTAIN, MARS AIR DOOR, MODEL 36C A/F 345 0 14 1 HAND WASH SINK, STAINLESS STEEL, ADVANCE, A 5125 500 20 14" X 10" X 4" D, GOOSENECK FAUCET WITH HOT AND COLD, INCLUDING ROUGH-IN 15 1 LOT, C/O DISPENSERS, WALL MOUNT: A 170 20 (2) HAND TOWEL, YORK, NO TOUCH (2) SOAP DISPENSERS, PLASTIC 16 1 FLOOR SINK, 9" X 9", CAST IRON/CERAMIC A 700 0 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $35,415 $540 HJELMSTROM ASSOCIATES 25F-1 4 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAN D AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. FURNITURE, FIXTURES & EQUIPMENT VALUE VALUE KITCHEN AND DINING AREA 1 1 LOT, C/O: A 5124 $250 $50 (1) TABLE, STAINLESS, PREP, 2 TIER, TOP 25" X 31 ", BOTTOM 48" X 28" (1) MICROWAVE, COUNTER TOP 2 1 2 BURNER STOVE, 6ACO, MODEL HD 12-2, S/N A 5124 300 50 10424, STAINLESS STEEL CONSTRUCTION 3 1 DEEP FRYER, DEAN, STAINLESS STEEL A 5124 560 120 CONSTRUCTION, 14" X 14" WELL, STANDARD BASKETS 4 1 STOVE/OVEN, WOLF, STAINLESS STEEL A 5126 9,800 1,000 CONSTRUCTION, (6) BURNER, (1) 32" X 24" STAINLESS STEEL GRIDDLE, (2) OVENS 32" X 17" H, BACKSPLASH 22" W. 9" SHELF 5 1 REFRIGERATED PIZZA PREP TABLE, 3 PAN A 5127 2,630 300 CAPACITY, DOUBLE DOOR, 48" X 14" TOP WITH STAINLESS STEEL COVER, DOUBLE DOOR BASE 48" X 37" X 29" 6 1 LOT, C/O DINING FURNITURE: A/G 5119 2,220 400 (7) TABLES, WOOD, 33" DIAMETER, PEDESTAL WITH 4 LEG BASE (14) CHAIRS, WOOD, CLOSED SLAT SEAT, OPEN SLAT BACK (2) HIGH CHAIRS, WOOD, STAINED 7 1 TV, DAEWOO, CRT, 27", WITH WALL A 350 90 MOUNT BRACKET 8 1 LOT, C/O SIGNAGE: A/G 1,080 80 (2) FOAM BOARD GRAPHICS, 3 COMPANY COMPLEX, 4- COLOR, SINGLE SIDED, 4' X 6- (1) FOAM BOARD, PLASTIC FACING, LAWN SIGNAGE, DOUBLE SIDED, 10 SO. FT. (1) VINYL GRAPHIC BANNER, 36" X 60" (1) LED "OPEN" SIGN, 22" X 14" (2) LED "OPEN" SIGNS, 18" X 10" (1) VINYL BANNER, MENU, TX 6' MISC. CARDBOARD SIGNS, OPEN HOURS, RESTROOM FIRE EXTINGUISHER, ETC. 9 11 MENU PICTURES, WOOD FRAME, 13"X 10" G 140 0 10 1 TV, SAMSUNG, DIGITAL, FLAT SCREEN, 50" G 5134 920 200 HJELMSTROM ASSOCIATES 25F-1 5 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY FURNITURE, FIXTURES & EQUIPMENT COND PIC # MARKET VALUE VALUE 11 1 BEVERAGE COOLER, TRUE, MODEL GDM-49F, A 5130 3,860 700 S/N 1-3332710, DOUBLE GLASS DOOR, ADJUSTABLE SHELVING, 54" X 79" H 12 1 ICE CUBER, HOSHIZAKI, KM-631 DU, CUBE STAR, A/F 5138 2,300 500 STAINLESS STEEL, IN-LINE WATER FILTRATION SYSTEM, 3 PHASE, OVER ICE BIN, 31" X 40" X 29" 13 1 FREEZER, VICTORY, MODEL TAA-2D-S7-SD, A 5120 5,100 1,000 S/N A9247VL29, STAINLESS STEEL, 2 DOOR 55" X 84" X 34" 14 1 REFRIGERATOR, TRUE, MODEL T-49, S/N 756922, A 5120 2,605 700 STAINLESS STEEL, 2 DOOR, 55" X 84" X 30" 15 1 LOT, C/O MISC. ITEMS IN FREEZER ROOM: F/G 5120- 105 20 (1) WINDOW FAN, DOUBLE PLASTIC 5122 (8) HAND BROOMS (1) 4 STEP LADDER, FOLDING, 4', FIBERGLASS (1) MOP CADDY (1) MOP (1) LINEN HAMPER, WIRE FRAME, CLOTH 16 1 INSTANT WATER HEATER, TANKLESS, A/F 5137 250 0 UNDER SINK 17 1 LOT, C/O MISC. ITEMS IN PANTRY: A/G 275 40 (3) WIRE FRAME, CHROME, ADJUSTABLE SHELVING, 48" X 72" H (1) STOCK POT WITH LID, 40 QUART, STAINLESS STEEL (2) FLOOR FANS, 20", METAL 18 1 LOT, C/O MISC. ITEMS IN STORAGE ROOM: A/F 380 60 (1) COAT RACK, WALL HUNG, 3 PRONG (1) COMPUTER TABLE, 3 TIER, CORNER UNIT (1) BOX FAN, 24" (1) FILE CABINET, HON, METAL, 4 DRAWER, LEGAL (1) SATELLITE, SKY (1) PORTABLE A/C, DELONGHI, PINGUINO, PACC 120E 19 1 LOT, C/O MISC. SILVERWARE, COOKING A 1,800 150 UTENSILS, POTS, PANS, STAINLESS STEEL SAUCE AND FOOD INSERTS HJELMSTROM ASSOCIATES 25F-1 6 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. FURNITURE, FIXTURES & EQUIPMENT VALUE VALUE 20 1 LOT, C/O MISC. ITEMS IN MAIN AREA: A/F 420 40 (1) FIRE EXTINGUISHER, 5 LB., ABC (1) FIRE EXTINGUISHER, 10 LB., BUCKEYE, WET CHEMICAL, 6 LITER (30) SQ. FT. NON-SKID RUBBER FLOOR MATS (2) WALL ART BLANKETS (5) TROPICAL HANGING PLANTS, SMALL (3) TROPICAL PLANTS, LARGE (1) SHELF, 24", WALL MOUNT (7) TABLE CANDLES (1) WALL CLOCK, PEPSI, PLASTIC, 18" 21 1 CASH REGISTER, SHARP, XE-A101, A 200 40 SINGLE DRAWER 22 1 LOT, C/O MISC. ELECTRONICS: A/G 5143 575 100 (1) POWER AMP SPEAKER, COBY, CS-MP77 (1) PHONE SYSTEM, UNIDEN, ANSWERING MACHINE, CORDLESS (1) LAPTOP COMPUTER, DELL, INSPIRON, MODEL E1505,17" SCREEN (1) WIRELESS MODEM, TILGIN (1) PRINTER, HP PHOTO SMART PLUS 23 1 STEAM TABLE, 3 WELL FOOD WARMER, A 5146 1,245 240 STAINLESS STEEL UPPER TABLE, WOOD CUTTING TABLE, METAL FRAME, 6' X 29", SNEEZE GUARD, 10" STAINLESS STEEL TOP COUNTER, 27" X 21" STAINLESS STEEL COVER 24 1 BUFFET BAR, 3 SECTION, 20" X 12" TRAY F 5131 250 25 INSERTS, WOOD CONSTRUCTION, DOUBLE DOOR, SNEEZE GUARD, SHOP MADE, 44" X 36" X 24" 25 1 GREASE TRAP F 200 0 TOTAL FURNITURE, FIXTURES & EQUIPMENT $37,815 $5,905 HJEL ASTROM ASSOCIATES 25F-1 7 EXHIBIT C RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Exempt from Recording Fee Exempt from Documentary Transfer Tax Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922 pace above this line or Recorder's use QUITCLAIM DEED County Assessor's Parcel Number: 398-454-12 & 13 '?:Pgg35 Iasi ?. i?-'tG FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, El Jalapeno's Mexican Food do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in exhibit "A" including any and all leasehold interest, title and interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit "B", list of Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESP WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this 13 day of une- 1 2012. (:? - / ?' Zo?i- - By: Date: J n 13. Ao12- 25F-1 8 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ()M of a e On J u lte 13 2c I '1- before me, Cn Srovl ?£ __F ?c ^ I CiE 2"R t?I.; c•r (a T_•.f (Here insert name and title of the officer) personally appeared Lr rl qt e Sal &-Leta '_ (mac-do uei who proved to me on the basis of satisfactory evidence to be the person{ whose name?462are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in Sher/their authorized capacityS*61 and that by n er/their signatureX on the instrument the personF< or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i GASTON FEDERICO ROBERTI F S nd and official seal. ? COMM. # 1823285 NOTARY PUBLIC CALIFORNIA v ORANGE COUNTY ro (Notary Sea mm. expires Nov. 18 1t , 2012 Signature of Notary Public MY co ? ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Ut?Cl0.lVK?2C?? (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date b' 0> -t-2- 14 ['A (Additional information) CAPACITY CLAIMED BY THE SIGNER ? Individual (s) ? Corporate Officer (Title) ? Partner(s) ? Attorney-in-Fact ? Trustee(s) ? Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyLr is /era) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClames.com 25F-19 EXHIBIT "A" LECGAL, DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of Cafifornla, described as follows: PARCEL A: LOTS 1, 314, 10, 11 AND 12 IN BLOCK "E" OF SANfrA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 11, AT PAGE 39, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM[ THE SOUTHERLY ONE FOOT OF LOTS 10,11 AND 12, IN BLOCK E OF SANTA ANA INVESTMENT COMPANY, TRACT NO, 1, HUMPHREY'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 11,.PAGE 39, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3, 1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE NORTH LINE OF PARCEL 1, BOUNDED EASTERLY gY THE EAST LINE OF SAID La r 12, BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25 FEET AND TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES, AS GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 3,1964, IN BOOK 6990, PAGE 100 AS INSTRUMENT NO. 3013, OF OFFICIAL RECORDS. PARCEL B: LOT 2 IN BLOCK B OF SANTA ANA INVESTMENT COMPANY, TRACT" NO. 1, HUMPHRI_Y'S ADDITION TO SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 MISCELLANEOUS RECORDS OF LAS ANGELES COUNTY, CALIFORNIA. APN: 398-45412 and 398-454-13 25F-20 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAN D AVENUE STREET WIDENING PROJECT Exhibit B DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY COND PIC # MARKET VALUE VALUE THROUGHOUT 1 920 SQ. FT. FLOORING, TILE, 6" X 6", CERAMIC, G 5119 $6,890 $0 TERRA COTTA LOOK, INCLUDES BASE BOARD 2 1 HOOD, STAINLESS STEEL, FIRE SUPPRESSANT, A/G 5133 11,900 500 "BEST SYSTEMS", 156" X 48" X 27" H, 4'X 13' STAINLESS STEEL SPLASH, CAPTIVE AIRE, MODEL 4224-DL, 416 CFM/LIN. FT. 3 34 LINEAR FT. COUNTER, WOOD CONSTRUCTION, A 5133 6,930 0 1" X 4" WOOD SLAT FACING, DARK STAIN, 6" X 6" CERAMIC TILE COUNTER, OPEN BASE SHELVING, (16) LIN. FT. OF RAISED COUNTER PARTITION, 16" H, 8" W WOOD COUNTER, PLEXIGLASS FACING, 4 EXTINGUISHER NOZZELS 4 1 SCULLARY SINK, 3 COMPARTMENT, A 5128 1,465 0 (1) GOOSENECK FAUCET, 91"X 36" X 26" INCLUDING ROUGH-IN 5 1 LOT, C/O SIGNAGE: G/P 5132 2,475 0 (2) PAINT DECAL SIGNS, 34" X 17", YELLOW SOLID PAINT INSIDE, 23 INDIVIDUAL VINYL DECAL LETTERING (51) DECAL VINYL LETTERS, 2" H (8) INDIVIDUAL ILLUMINATED PLASTIC 5117 LETTERING, STEEL HOUSING, 20" H (2) VINYL GRAPHICS, RESTAURANT SIGNAGE 5118 AND PHONE NUMBERS, 33" X 81" 6 1 LOT, C/O SIGNAGE: F 880 0 (1) SECURITY STOREFRONT GATE, SLIDING, METAL, ACCORDIAN, 15'X 8'H (1) SECURITY BARS OVER WINDOW, 35" X 82" 7 101 LINEAR FT. CHAIR RAIL, WOOD, PAINTED, 3" W A 5134 225 0 8 3 MINI-BLINDS, METAL, 30" X 9'H F 5130 170 0 9 50 SQ. FT. (EST.), DECORATIVE BRICK ON WALL G 5134 350 0 10 5,600 SQ. FT. RESTAURANT GRAPHIC PAINT, LATINO A/G 1,525 0 THEME (WALLS) 11 1 WATER HEATER, RELIANCE 501, EST. 50 GALLON, F 5121 500 0 GAS INCLUDING ROUGH IN HJELMSTROM ASSOCIATES 25F-21 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. IMPROVEMENTS PERTAINING TO THE REALITY VALUE VALUE 12 1 UTILITY SINK, STAINLESS STEEL, 18" X 18" X 13" F 390 0 DEEP, GOOSENECK FAUCET WITH HOT AND COLD, INCLUDING ROUGH-IN 13 1 AIR CURTAIN, MARS AIR DOOR, MODEL 36C A/F 345 0 14 1 HAND WASH SINK, STAINLESS STEEL, ADVANCE, A 5125 500 20 14" X 10" X 4" D, GOOSENECK FAUCET WITH HOT AND COLD, INCLUDING ROUGH-IN 15 1 LOT, C/O DISPENSERS, WALL MOUNT: A (2) HAND TOWEL, YORK, NO TOUCH (2) SOAP DISPENSERS, PLASTIC 16 1 FLOOR SINK, 9" X 9", CAST IRON/CERAMIC A TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 170 20 700 0 $35,415 $540 HJELMSTROM ASSOCIATES 25F-22 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. FURNITURE, FIXTURES & EQUIPMENT VALUE VALUE KITCHEN AND DINING AREA 1 1 LOT, C/O: A 5124 $250 $50 (1) TABLE, STAINLESS, PREP, 2 TIER, TOP 25" X 31 ", BOTTOM 48" X 28" (1) MICROWAVE, COUNTER TOP 2 1 2 BURNER STOVE, 6ACO, MODEL HD 12-2, S/N A 5124 300 50 10424, STAINLESS STEEL CONSTRUCTION 3 1 DEEP FRYER, DEAN, STAINLESS STEEL A 5124 560 120 CONSTRUCTION, 14" X 14" WELL, STANDARD BASKETS 4 1 STOVE/OVEN, WOLF, STAINLESS STEEL A 5126 9,800 1,000 CONSTRUCTION, (6) BURNER, (1) 32" X 24" STAINLESS STEEL GRIDDLE, (2) OVENS 32" X 17" H, BACKSPLASH 22" W, 9" SHELF 5 1 REFRIGERATED PIZZA PREP TABLE, 3 PAN A 5127 2,630 300 CAPACITY, DOUBLE DOOR, 48" X 14" TOP WITH STAINLESS STEEL COVER, DOUBLE DOOR BASE 48" X 37" X 29" 6 1 LOT, C/O DINING FURNITURE: A/G 5119 2,220 400 (7) TABLES, WOOD, 33" DIAMETER, PEDESTAL WITH 4 LEG BASE (14) CHAIRS, WOOD, CLOSED SLAT SEAT, OPEN SLAT BACK (2) HIGH CHAIRS, WOOD, STAINED 7 1 TV, DAEWOO, CRT, 27", WITH WALL A 350 90 MOUNT BRACKET 8 1 LOT, C/O SIGNAGE: A/G 1,080 80 (2) FOAM BOARD GRAPHICS, 3 COMPANY COMPLEX, 4- COLOR, SINGLE SIDED, 4' X 6- (1) FOAM BOARD, PLASTIC FACING, LAWN SIGNAGE, DOUBLE SIDED, 10 SQ. FT. (1) VINYL GRAPHIC BANNER, 36" X 60" (1) LED "OPEN" SIGN, 22" X 14" (2) LED "OPEN" SIGNS, 18" X 10" (1) VINYL BANNER, MENU, TX 6' MISC. CARDBOARD SIGNS, OPEN HOURS, RESTROOM FIRE EXTINGUISHER, ETC. 9 11 MENU PICTURES, WOOD FRAME, 13"X 10" G 140 0 10 1 TV, SAMSUNG, DIGITAL, FLAT SCREEN, 50" G 5134 920 200 HJELMSTROM ASSOCIATES 25F-23 - PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: FAIR SALVAGE NO. QTY FURNITURE, FIXTURES & EQUIPMENT COND PIC # MARKET VALUE VALUE 11 1 BEVERAGE COOLER, TRUE, MODEL GDM-49F, A 5130 3,860 700 S/N 1-3332710, DOUBLE GLASS DOOR, ADJUSTABLE SHELVING, 54" X 79" H 12 1 ICE CUBER, HOSHIZAKI, KM-631DU, CUBE STAR, A/F 5138 2,300 500 STAINLESS STEEL, IN-LINE WATER FILTRATION SYSTEM, 3 PHASE, OVER ICE BIN, 31" X 40" X 29" 13 1 FREEZER, VICTORY, MODEL TAA-2D-S7-SD, A 5120 5,100 1,000 S/N A9247VL29, STAINLESS STEEL, 2 DOOR 55" X 84" X 34" 14 1 REFRIGERATOR, TRUE, MODEL T-49, S/N 756922, A 5120 2,605 700 STAINLESS STEEL, 2 DOOR, 55" X 84" X 30" 15 1 LOT, C/O MISC. ITEMS IN FREEZER ROOM: F/G 5120- 105 20 (1) WINDOW FAN, DOUBLE PLASTIC 5122 (8) HAND BROOMS (1) 4 STEP LADDER, FOLDING, 4', FIBERGLASS (1) MOP CADDY (1) MOP (1) LINEN HAMPER, WIRE FRAME, CLOTH 16 1 INSTANT WATER HEATER, TANKLESS, A/F 5137 250 0 UNDER SINK 17 1 LOT, C/O MISC. ITEMS IN PANTRY: A/G 275 40 (3) WIRE FRAME, CHROME, ADJUSTABLE SHELVING, 48" X 72" H (1) STOCK POT WITH LID, 40 QUART, STAINLESS STEEL (2) FLOOR FANS, 20", METAL 18 1 LOT, C/O MISC. ITEMS IN STORAGE ROOM: A/F 380 60 (1) COAT RACK, WALL HUNG, 3 PRONG (1) COMPUTER TABLE, 3 TIER, CORNER UNIT (1) BOX FAN, 24" (1) FILE CABINET, HON, METAL, 4 DRAWER, LEGAL (1) SATELLITE, SKY (1) PORTABLE A/C, DELONGHI, PINGUINO, PACC120E 19 1 LOT, C/O MISC. SILVERWARE, COOKING A 1,800 150 UTENSILS, POTS, PANS, STAINLESS STEEL SAUCE AND FOOD INSERTS HJELMSTROM ASSOCIATES 25F-24 PUBLIC WORKS EL JALAPENOS RESTAURANT CITY OF SANTA ANA FAIR MARKET VALUE GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: APRIL 17, 2012 ITEM DESCRIPTION: QTY FAIR SALVAGE COND PIC # MARKET NO. FURNITURE, FIXTURES & EQUIPMENT VALUE VALUE 20 1 LOT, C/O MISC. ITEMS IN MAIN AREA: A/F 420 40 (1) FIRE EXTINGUISHER, 5 LB., ABC (1) FIRE EXTINGUISHER, 10 LB., BUCKEYE, WET CHEMICAL, 6 LITER (30) SQ. FT. NON-SKID RUBBER FLOOR MATS (2) WALL ART BLANKETS (5) TROPICAL HANGING PLANTS, SMALL (3) TROPICAL PLANTS, LARGE (1) SHELF, 24", WALL MOUNT (7) TABLE CANDLES (1) WALL CLOCK, PEPSI, PLASTIC, 18" 21 1 CASH REGISTER, SHARP, XE-A101, A 200 40 SINGLE DRAWER 22 1 LOT, C/O MISC. ELECTRONICS: A/G 5143 575 100 (1) POWER AMP SPEAKER, COBY, CS-MP77 (1) PHONE SYSTEM, UNIDEN, ANSWERING MACHINE, CORDLESS (1) LAPTOP COMPUTER, DELL, INSPIRON, MODEL E1505,17" SCREEN (1) WIRELESS MODEM, TILGIN (1) PRINTER, HP PHOTO SMART PLUS 23 1 STEAM TABLE, 3 WELL FOOD WARMER, A 5146 1,245 240 STAINLESS STEEL UPPER TABLE, WOOD CUTTING TABLE, METAL FRAME, 6'X 29", SNEEZE GUARD, 10" STAINLESS STEEL TOP COUNTER, 27" X 21" STAINLESS STEEL COVER 24 1 BUFFET BAR, 3 SECTION, 20" X 12" TRAY F 5131 250 25 INSERTS, WOOD CONSTRUCTION, DOUBLE DOOR, SNEEZE GUARD, SHOP MADE, 44" X 36" X 24" 25 1 GREASE TRAP F 200 0 TOTAL FURNITURE, FIXTURES & EQUIPMENT $37,815 $5,905 HJELmsTROM ASSOCIATES 25F-25 25F-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012-20 TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY - BRUCE MARSH, APPLICANT CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2012-20 as conditioned. PLANNING COMMISSION ACTION On September 10, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-20 as conditioned to allow a restaurant to be used as a banquet facility by a vote of 6:0 (Alderete absent) for the Little Sparrow Cafe located at 300 North Main Street in the Downtown (SD84) zoning district. The Planning Commission approved modifications to Police Conditions to change "Amplified" to "Ambient" music; live entertainment must meet the standards and requirements set forth in Chapter 41 of the Santa Ana Municipal Code (Police Condition No. 4 and 13); and added a condition to prohibit the cover charge as related to live entertainment (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J6y-M. Trevino Executive Director Planning & Building Agency HS:rb hs\Historic info\LiftleSparrowCafe\cup12-18&20_LiffleSparrowAHROTH.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 10, 2012 TITLE: PUBLIC HEARING - FILED BY BRUCE MARSH FOR CONDITIONAL USE PERMIT NOS. 2012-18, 2012-19 AND 2012-20 TO ALLOW A TYPE 47 AND 58 ABC LICENSES, TO ALLOW THE RESTAURANT TO OPERATE UNTIL 2:00 A.M., AND TO ALLOW THE RESTAURANT TO BE USED AS A BANQUET FACILITY Prepared by Hally Soboleske E ecutive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Man ger 1. Confirm the Zoning Administrator's action approving Conditional Use Permit No. 2012-19 to allow a Type 47 and Type 58 ABC licenses as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned. Protect Description On August 15, 2012, the Zoning Administrator approved a Type 47 ABC license for the Little Sparrow Cafe. At its meeting of August 27, 2012, the Planning Commission voted to continue this project to its next regularly scheduled meeting so as to discuss the project in its entirety. Hal y Soboleske Associate Planner HS:jm hsUiiatoricinfo/LhUeSparrowCafe/cover_cup i 2-18-19-20_LittleSparrowcafeAHROTH.pc Attachments: August 27, 2012 Staff Reports EXHIBIT A Vince Fregoso A CP Principal Planner 31A-3 31A-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 27, 2012 TITLE: PUBLIC HEARING - FILED BY BRUCE MARSH FOR CONDITIONAL USE PERMIT NOS. 2012-18 AND 2012-20 TO ALLOW THE RESTAURANT'S HOURS OF OPERATION TO EXTEND PAST MIDNIGHT AND TO ALLOW THE RESTAURANT TO ALSO BE USED AS A BANQUET FACILITY Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manag6l 1. Adopt a resolution approving Conditional Use Permit No. 2012-18 to allow the restaurant's hours of operation to extend to 2:00 a.m. as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned. Request of Applicant Bruce Marsh is requesting approval of conditional use permits for after-hours operation and a banquet facility at the Little Sparrow Caf6 at 300 North Main Street. Operations that occur after midnight, as well as a banquet facility use, requires a conditional use permit pursuant to Section 41- 2007 of the Santa Ana Municipal Code (SAMC), Transit Zoning Code. Proiect Location and Site Description The site is currently developed with a single-story 6,200 square foot commercial building. While described as a "noncontributing building", it is located within the National Register Historic District, and was built in 1916. The proposed restaurant will be occupying 2,622 square feet of the total structure and will be located directly at the corner. Parking is supplied by public parking structures including one that is immediately west on Third Street and owned by the City of Santa Ana, and one located at the northwest corner of Third and Birch Streets, owned by the City of Santa Ana. Both public parking opportunities are shared by all the businesses in the immediate area. There is also metered street parking on Third Street. Surrounding land uses include commercial on all sides, with residential land uses within 100 feet to the southwest (Exhibits 1 and 2). 31A-5 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 2 Project Descrintion The Little Sparrow Cafe is requesting approval of an after-hours conditional use permit so they may operate the restaurant until 2:00 a.m. and be similar to other restaurants in the downtown area. The proposed general hours of operation for the restaurant are from 6:00 a.m. to 2:00 a.m. seven days a week. The Little Sparrow Cafe would also like to be able to use the restaurant as a banquet hall in order to host private parties. This request is part of a larger project at the cafe which includes a conditional use permit for a Type 47 alcohol license and major interior renovations. The alcohol sales CUP was approved by the Zoning Administrator on August 15, 2012. Project Background This suite has traditionally been used as a restaurant, but has not been occupied since 1997. Bruce Marsh and Naseem Aflakian are a married couple who met in New York, and want to open their first restaurant together. Naseem lived in Santa Ana's Floral Park, and Bruce was raised in Floral Park, New York. They have moved to the Floral Park neighborhood here in Santa Ana. The Little Sparrow Cafe will also serve baked goods and pastries to go, and will be available for private parties. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land-use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD84)/Downtown (DT) zoning district. The SD84/DT zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31A-6 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 3 • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area, but will augment it. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to extend business hours, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed after hours operations will allow the Little Sparrow Cafe to remain competitive with other restaurants in the area that also operate until 2:00 a.m. This will thereby benefit the community by providing a restaurant with varied business hours. The Little Sparrow Cafe will be open in the morning hours to serve breakfast. • The proposed operation of this restaurant until 2:00 a.m. will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use as all activities will occur indoors. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also operate until 2:00 a.m. Further, the extended business hours will allow the restaurant to remain economically viable and contribute to the overall success of downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. 31A-7 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 4 Additionally, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request to allow the restaurant to be used as a banquet hall, staff believes that the following findings of fact warrant approval of the conditional use permit. • The proposed banquet hall will allow the Little Sparrow Cafe to remain competitive with other restaurants to allow for private parties. This will thereby benefit the community by providing a restaurant where private events can take place. The Little Sparrow Cafe will still operate as a full service restaurant, but the banquet hall will be an ancillary use. • The proposed banquet hall use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by this use. The Little Sparrow Cafe will still operate as a full service restaurant with all restaurant and banquet facility uses occurring indoors. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that have a banquet hall use. Further, the banquet hall use will allow the restaurant to remain economically viable and contribute to the overall success of downtown Santa Ana. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet facility pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. Police Department Analysis The Police Department reviews conditional use permit applications for the after-hours operation and banquet halls due to the potential for adverse impacts on the surrounding community. This site is located within Reporting District No. 165. There are residential dwellings located within 100 feet of this proposed use. The Sycamore Lofts are located across the street to the south of this project. Due to their proximity to the restaurant, concerns exist with the potential to adversely affect the residents of the complex. Therefore, several conditions of approval are proposed for this license to mitigate any potential for impacts. These conditions, including those that address noise and crime, will mitigate potential impacts and help minimize calls for service to the restaurant. 31A-8 CUP Nos. 2012-18 & 2012-20 August 27, 2012 Page 5 Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. The Home Owners Association for the lofts at Sycamore and Third Street was also contacted. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301 Class 1 because it is an action by a regulatory agency to enforce a license, and will be in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-21 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012-18 and Conditional Use Permit No. 2012-20 as conditioned. Hally Sobo ske Associate Planner Vince Fregoso glop Principal Planner HS:jm hs%itBeSparrowCa(e/cup12-18&20_Li1UeSparrowCafeAHR0TH.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Zoning Map Exhibit 3 - Floor Plan 31A-9 SEVENTEENTH sr. J e tl J LJ F 3 uJ + ' U-i 7 1 1 1LJ ??+ + >sCt 1 i.i C1 C1 C1 1 v: tt 7' CS CS 1 SPJ P .7 R7 R3 a? - " I 1 1? SP.3 SP-3 ` Rl Ri R3• T-i GR3!. A3 ffi ffl +m+-03 3J +sP sP sP 0.3 RJ R1 T R3 _.a I-3 7 -3 •- Rl : [RI Rt R1 . Rt 2 R3- R3• i 0 n, Non Jwn - R3. ; S3 ! SP•3 SP-3 Noa 'P1 p-A ' SP-3 r P R us + R2 RR2 P P R2 53 $P-3 Rl R2 P R2 SP-3 1F!?. j5 R1 R2 R2 4 3 f l SP•3 a P R1 R1 R} a7 e P P: P I PP P-3 SP-3 SP-3 sDm sD-20 OP P SP.3 cc g? GC GC 5 oxaa-33:rn B ' 5484 48 4 _r 8 484 ?. ¦ .. SD•84 484 cCC11841 48 48 48 GC ?-,? ULLJJ r O _ ¦ SD-64 8 D 4 48 48 s s © suss P i SD-84 84 4841® 48 p R7 p mss SD-55 P _ ;' TOR 5484 _ •• 1 1 P O SD-13 SD-2 P10, ER ?? D-8 8 i 5684 i SD-84 P su3e I SD-j D-8 D- n 1 i?1n 1^111 f1F--1 f-1(-} f FTPST Al Ge4si U4CUL1UPW 02 COPAM8Z7ALFE3DRMAL RI 9NGLEFAMILYFI MUMAL -8 MMNGMODIRCATIDFJ GC G(VE"tBJTC84TER R2 TWOFAMILYFE4DNCE G-9A WAM8176.L80UMMA1N Ml UGMINDUMAL Rs MULT1RE08M MULTIPLE Ci C1OMMUNRYCOMMUWL M2 HEi4WINDl15fAAL FAMILYF45DBgCE Cl-MD 001.1M-00MMHUAUMUS3Wolsma KID MIUFAWCFHW1CNS R4 9JR,kBWAALRIMENTS C2 GENGIAL 0OMMEFOAL O OPEN SME W F€ADBfTIALESUNTE C3 CSMLaMNESS P ROFE39CWL S3 W-MFICDPv%0FNBNR O-A CKWIRMNESSARTISTNLLAG£ POD RANNEDOOMMIBMDMOPMW W SEJRCRAN G4 RANN®3-I0RiNGfD1FB2 PFU RANN®FESDUMALOLi iDWE dT 05 ARRRAL03fAM8Y2AL The Little Sparrow Cafe TY, CUP 2012-18 and 20 A ? cJY?A?z 300 NORTH MAIN STREET - = 500 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 A-10 4TH STREET COMMERCIAL C M M E R I A L IC O N M R C I A L C O M M E R C I A L Project Site 3RD F J N Q U w t Li 0 V LA 2ND I F w w F vi C O M z STREET C O M M E R C I A L CUP 2012-18 and 20 300 NORTH MAIN STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-11 STREET Ttl 9 e! [?? . . ?z ide f i=ifr3e i1 [ c <- "! s! I X DL26 `Ya tlNVtn$133k1S NNWHl}aN OOE f lid I $? I I I S ( I I !E N m6m . q i f Y? ? ? ? 133FI1SMItliYH1H6NaDE i?d:ii? Ll_I t , ? ? I I O° a NO11t/AON3H 3Jd0 JIHdd In0-ij , 3 G I 1'? ..s ,1 3<?!!E ??i(Fi I I l l l l? l! ?$ ?B ¢ygg Al A, ? ? e e e ;? E ? sR z 9^3 '? a" "? $ qH. gill 3 ?? 6 e all ?????? ? Q Q QOE?OOaL3®B B:F?Xen? '14'K12 ROH - 09/10/12 RESOLUTION NO. 2012-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-20 AS CONDITIONED TO ALLOW OPERATION AS A BANQUET FACILITY FOR THE PROPERTY LOCATED AT 300 NORTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2012-20 to allow the restaurant to be used as a banquet facility as conditioned for the property located at 300 North Main Street. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for the operation of a banquet facility. C. Conditional Use Permit No. 2012-20 came before the Planning Commission of the City of Santa Ana on August 27, 2012, for a duly noticed public hearing. On August 27, 2012, the Planning Commission continued the public hearing to September 10, 2012. On September 10, 2012, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012-20. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2012-20 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed banquet hall use will allow the Little Sparrow Cafe to remain competitive with other restaurants in the area that also offer private parties. This will thereby benefit the community by providing a restaurant that may be booked for private affairs. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2012-09 Page 1 of 5 31 A-13 The proposed banquet use will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant that will mitigate any potential negative or adverse impacts created by the late night use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed banquet hall use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also allow private party events. Further, banquet hall use allows the restaurant to remain economically viable and contributes to the overall success of downtown Santa Ana. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant operating in this zone contributes to the economic success of the downtown and the city as a shopping and dining destination. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301 Class 1 because it is an action by a regulatory agency to enforce a license, and will be in conformance with all city codes and requirements. Categorical Exemption Review No. 2012-21 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012-20 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated August 27, 2012 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2012-09 Page 2 of 5 31A-14 ADOPTED this 10th day of September 2012 by the following vote: AYES: Commissioners: Acosta, Gartner, Mill, Nalle,Tumer,Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) James Gartner Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 10, 2012 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-09 Page 3 of 5 31 A-15 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2012-20 Conditional Use Permit No. 2012-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-1. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc, within the premises. 4. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 5. All banquet facility use activities to take place indoors. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 3. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. Resolution No. 2012-09 Page 4 of 5 31 A-16 AUGUST 27, 2012 PAGE 2OF2 4. Amplified Ambient music shall not be played outside the premises. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. (Modified by the Planning Commission September 10, 2012) 5. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC section 12-1 and 12-2. 6. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41-1701.6. 7. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 8. Existing building must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's door/window locking devices and addressing be upgraded to current code standards. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12. A timed-access cash controller or drop safe must be installed. 13. There-s#aalbe-R) GE)Rd Gt OF enteFta;,;ment allowed on the ffemi6es as prohibited by GhapteF 12 of the Santa ARa MURiGipal Cede (SAMC4 Indoor entertainment must be in compliance with the Santa Ana Municipal Code S( AMC). (Modified by the Planning Commission September 10, 2012) 14. Install a silent armed robbery alarm. 15. No cover charge allowed as defined in chapter 41 of the Santa Ana Municipal Code (SAMC) as to live entertainment. (Added by the Planning Commission September 10, 2012) Resolution No. 2012-09 Page 5 of 5 31 A-17 31 A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: VARIANCE NO. 2012-07 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET - METRO STAR LLC, APPLICANT l i ? C_tc CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2012-07 as conditioned. PLANNING COMMISSION ACTION On September 24, 2012, the Planning Commission adopted a resolution approving Variance No. 2012-07 as conditioned by a vote of 7:0 to allow a reduction in landscaped setbacks and allow the construction of a new 6,000 square foot commercial building at 2702 North Bristol Street located in the Community Commercial (Cl) zoning district. The Planning Commission added conditions of approval to preclude landscaping and lighting from impacting the adjacent multi- family residential development and a condition that requires the installation of signage that prohibits overnight parking on the site (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay-M. Trevino Executive Director Planning & Building Agency VF:rb vf\reports\VAs\VA12-07 2702 N Bristol.cc Exhibit: A. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 24, 2012 TITLE: PUBLIC HEARING - VARIANCE NO. 2012-07 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS FOR A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED O As Recommended O As Amended O Set Public Hearing For DENIED O Applicant's Request D Staff Recommendation CONTINUED TO acct, . - t xecutive Director Planning Mager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2012-07 as conditioned. DISCUSSION Request of the Applicant Arshia Mahmoodi of Void Inc., representing Metro Star LLC, is requesting approval of a variance to allow a reduction in landscaped setbacks and allow the construction of a new 6,000 square foot commercial building at 2702 North Bristol Street. Specifically, the applicant is requesting approval of a variance from Sections 41-368, 41-369 and 41-372 (a) of the Santa Ana Municipal Code (SAMC) to allow a commercial building to encroach into the required 15-foot landscaped setback. Prolect Location and Site Description The subject property is located at 2702 North Bristol Street, which is at the northwest corner of Bristol Street and Memory Lane. The site is approximately 22,200 square feet in size and is semi-rectangular in shape. The project site is currently vacant but once contained a service station. The site is surrounded by a multi-family residential development to the north and west, commercial and single- family residential uses to the south, and commercial uses to the east (Exhibits 1 and 2). Protect Description The proposed project consists of the construction of a new commercial building that is intended to be occupied by Chase Bank. The building will be a one-story, 6,000 square foot structure that will be built at the southeast corner of the site. Once completed, the project will convey a sense of quality that is appropriate for a bank building located at the intersection of two major arterials. EXHIBIT A 31 B-3 Variance No. 2012-07 September 24, 2012 Page 2 A contemporary architectural design has been proposed by the developer. The building will incorporate relief in the massing through the use of different building volumes and materials. Exterior materials such as cedar wood siding, smooth trowel stucco, stone veneer and dark bronze aluminum windows will be utilized on the structure. Access to the project site will be provided from both Bristol Street and Memory Lane. The parking requirement for a bank use is 4 spaces per 1,000 square feet of building (Section 41-1348). A total of 24 parking spaces will be provided on-site, which is in compliance with code requirements (Exhibits 3, 4 and 5). Proiect Background The project site is currently vacant, but was previously occupied by a service station use from the early 1960's until 1998. In late 1998, the necessary permits were issued to demolish the service station facility. In 1999, plans were submitted to construct a new service station on the property, with the City approving a zone change to redesignate the property from Specific Development No. 27 (SD-27), which allowed the development of apartments, to Community Commercial (C-1). Although the necessary entitlements were granted for this new service station, permits were never issued, and the site has remained vacant. General Plan and Zonina Analvsis The General Plan land use designation for the site is General Commercial (GC), which allows for retail, office and commercial uses such as banks. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial development along City arterials as well as provide support facilities and services, including banks and financial institutions. The site is consistent with this General Plan land use designation. The subject site is located in the Community Commercial (C-1) zoning district. The C-1 district is a zoning designation that allows for retail, commercial and office uses such as a bank or other financial institution. The proposed project is consistent with the C-1 zoning designation. Proiect Analysis Regarding this project, Sections 41-368, 41-369 and 41-372 (a) of the Santa Ana Municipal Code (SAMC) states that buildings in the C1 zone requires a 15 foot front and side yard landscaped setback if the yard abuts a public street, as it does in this case along both Bristol Street and Memory Lane. As proposed, the building will have a five foot setback along Bristol Street (after an eight foot dedication for street widening purposes) and an eight foot setback along Memory Lane. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from the code discussed above. 31 B-4 Variance No. 2012-07 September 24, 2012 Page 3 Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The project site has a special circumstance related to its size, shape and location. The property has a deed restriction on the northwest section of the site that encompasses over 2,000 square feet of lot area (45 feet by 46 feet). This deed restricted area grants a vehicular easement to the adjacent apartment complex in perpetuity and is unable to be integrated into the project site. This restriction on the property severely limits the use of the site, affects the on-site vehicular circulation system, and restricts the placement of the building. Further, the site is located at an intersection of two major arterial streets, is in close proximity to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street is necessary to allow development of the site as well as to provide and encourage pedestrian accessibility. Also, the reduced setback will assist in improving vehicular and pedestrian circulation to the site. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new commercial bank building on a vacant parcel of land. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscaped setbacks. The new building and related site improvements, such as new landscaping, will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 31 B-5 Variance No. 2012-07 September 24, 2012 Page 4 • Finally, the project will not adversely affect the general plan as the proposed bank use is a permitted use in the General Commercial land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. To minimize the effects of the reduced setback, staff is including conditions of approval to provide enhanced landscaping at the Bristol Street and Memory Lane corner, as well as upgrades to the sizes of the landscape materials. It is recommended that the required trees be upgraded to a 24- inch box size and shrubs to a 5-gallon size throughout the project to compensate for the reduction in required setbacks. Public Notification The project site is not located within the boundaries of a neighborhood association. However, four surrounding associations were notified of the project, and the property manager for the adjacent apartment complex was notified as well. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new structures up to 10,000 square feet in an urbanized area. Categorical Exemption Environmental Review No. 2012-6 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2012-07 as conditioned. UL- Vince Frego o, AICP Principal Plan er- VF:jm vArepoitsWas1VA12-07 2702 N Bdstol.092412.pc 31 B-6 Variance No. 2012-07 September 24, 2012 Page 5 Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Colored Building Elevations Exhibit 5 -- Landscape Plan 31 B-7 C i t y o f O r a n g e sU9? ?, I? / 9 y9 O ¢?e Q' O y/ O ST. A 1 ea i L •_ O O 22 GARDEN GROVE FREEWAY?? O R! ' n RI RI Rl O RI ?q i Rl O R1 Al -- C2-HDII O O i' f f,r Rl RI Rl Rt SD-77 tooct-tooo0 RI R4 O o-?l loo-n-I RI SD•.! At hi' R1 Rl Rt AI Ly 81, O o RI - - - ??? Al R cl cl bs OJ S RI R/ ' Rl R1 RI R1 ' Rt RI Rl FL R1 R! RI RI RI RIB RI RI Rl RI / O RI ?? Rl R} Rl Rl I R1 Rl R O R1 Rl Rt R1 II ? R1 RI I i RI R1 RI RI R1 RI RI RI i LL Rl R1 h., R} Rt ]RI RE AS GNSIALACRCULRWt CR 001 MBUALFE,9DeMAL RI 8NCIEFAMILYR9DBQNLL -B B%WNGNIODIRCAMN OC GOVE" NTCENUR fa MFAMILWESDENCE Cad 00MMOU&SDUIHMAIN Ml L09INDLUTRAL RI MU-71ftEOBJBNM UR-E Cl ODMMLRMCOMMU AL M2 HEAWINDWRAL FAMILYFESDENCE Cl-MO CCMM.COMMMAUMUSfl1MOISTRCT MO MrUTNNOPEPATIONS Rl 31BUFEANAHIRMIUM C2 OENEPAL ODMMEFOAL O OF IN SUE PE FESOOMAL U WE C3 CENPot "N s P F ONAF_ SD S$1f1CDEvR0FAlFNT CIA CeMftBUsNPSSAFI115FVLLAGE POD RlANNGDWAMUWIYF.)MOFMRNR SP TMRCFTAN 04 RANNFD&CMUGCErM PFO SAW4® smDeFBALOLROPMEMT Oi AFUSWCOMMEFO& VAR 2012-7 A BRISTOL & MEMORY BANK 2702 NORTH BRISTOL STREET 600 FEET 1" = 1000 FEET ST. P L A N N I N G A N D B U I L D I N_ G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B-8 MULTI -FAMILY R ESIDENCE H uJ u3 an C O M E R C I A L MULTI - FAMILY R ESIDENCE Project Site MEMORY LANE SIN LE- AMI Y RESID NCE } COMMERCIAL COMMERCIAL ? - w MARCIEtLA LA NF ¢ z J u- W J W L E- F 'n LL w 411?? V) R E S I D E N C E, o z m -J w lu z a z? tn Ln VAR 2012-7 BRISTOL & MEMORY BANK t 2702 NORTH BRISTOL STREET & e? P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-9 „I " BRISTOL. MEMORY av:s ns FLOOR PLAN a ^• rc?ur __ e'f - +••• I •.++ 0"D •=J(SS lUt l fstia SI. Sa.tY uY (S Ulu Sc[S f?ni tvn uro su n v[aw SMO Mr1u l YIZUYX.NIIYM SYfO e Z 7 ?\ ?`, \. nwW? \..\ r 4ns1 : § '? I?rwo[?tOUYsa3o fi r. s3 (u \ \ \ fn z lr C ' rNre? s n < § r Q. • c [to•. (.•K*3 or>(T vhall .1rS r.w{. ?41i?iM 'r{s?[y l? Nl^llwl?+il \•. s .a3( i 0 ?so-1 .o is>?\\ \ \ .FL ? i f? \ \*??»?su? nC\. \ \\\??v;<? r qlt ' \XR?, :• \\\r\ \\ \ .. k A IV, ? w?a wYn unov \\ ,. VY _?D I \\\} 441 41 VAU01 a ' ?' JII'' '1qr? 20 •I O E \ .\\\ \ \ \\?\ \ ' \ • -.P.P?. ?iL.1 ? ti \ o Id b .nst ?S(eSSGI-rE ?3NglSWX.:SOGriQNl1 _ . wn. It I ;klnn?;5tii a ? ? N n3si1 ?? I r- b 1 II I ?r `? I .€ C7 I 4_?? L - - - - § - 0 22 osa m~Z NmF 1B „I BRISTOL MEMORY BANK ev a rr. lr? rROie[T 2102 N. BRISTOL ST. ELEVATIONS s s sa. /? ,? AcueC56 SANTA ANA EA 92706 SHEET TITLE =? " /1 31 B LT 5 ROH - 09/24/12 RESOLUTION NO. 2012-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2012-07 AS CONDITIONED TO REDUCE THE REQUIRED SETBACKS FOR THE PROPERTY LOCATED AT 2702 NORTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2012-07 to allow a reduction in landscaped setbacks for a new commercial building at 2702 North Bristol Street. B. Variance Nos. 2012-07 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 24, 2012, to consider all testimony, written and oral. C. Variance No. 2012-07 has been filed with the City of Santa Ana seeking to allow a commercial building to encroach into the required 15-foot front yard and corner lot side yard landscaped setbacks. D. Section 41-368 of the Santa Ana Municipal Code requires a fifteen (15) foot front yard setback in the C1 district. Section 41-369 of the Santa Ana Municipal Code requires a fifteen (15) foot setback for side yards adjacent to a street on corner lots in the C1 district. Section 41-372(a) of the Santa Ana Municipal Code requires a fifteen (15) foot landscaped setback along any property line abutting a street in the C1 district. E. The project abuts the corner of Bristol Street and Memory Lane. The building will have a five (5) foot setback along Bristol Street (after an eight (8) foot dedication for street widening purposes) and an eight (8) foot setback along Memory Lane. The applicant is requesting approval to allow the reduced setback to remain as proposed, which would require the approval of a variance from Santa Ana Municipal Code sections 41-368, 41- 369, and 41-372(a). F. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. Resolution No. 2012-10 Page 1 of 6 31 B-13 That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The property has a deed restriction on the northwest section of the site that grants a vehicular easement to the adjacent apartment complex in perpetuity. This restriction on the property severely limits the use of the site, affects the on-site vehicular circulation system, and restricts the placement of the building. Further, the site is located at an intersection of two major arterial streets, is in close proximity to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street is necessary to allow development of the site and encourage pedestrian accessibility. Also, the reduced setback will improve vehicular and pedestrian to the site. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new commercial bank building on a vacant parcel of land. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscaped setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. Resolution No. 2012-10 Page 2 of 6 31 B-14 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as the proposed bank use is a permitted use in the General Commercial land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Policy 1.10 encourages the location of commercial uses at arterial roadway intersections in commercial districts, Policy 2.2 supports commercial land uses in adequate amounts to accommodate the City's needs for services, Policy 2.4 supports pedestrian access between commercial uses and residential neighborhoods which are in close proximity, and Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area. G. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows the construction of new structures up to 10,000 square feet in an urbanized area. Categorical Exemption Environmental Review No. 2012-6 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2012-07, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in landscaped setbacks for a new commercial building at 2702 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 24, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of September, 2012. AYES: Commissioners Acosta, Alderete, Yrarrazaval (7) None (0) Gartner, Mill, Nalle, Turner, NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners None (0) None (0) Eric Alderete Chairman Resolution No. 2012-10 Page 3 of 6 31 B-15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 24, 2012 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-10 Page 4 of 6 31 B-16 Conditions for Approval for Variance No. 2012-07 Should the Planning Commission approve Variance No. 2012-07, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2012-2 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to submittal into building plan check, a detailed landscape plan (working drawings) shall be submitted to staff for review. The plan shall note that trees will not be planted immediately adjacent to the multi-family residential buildings (added by Planning Commission on September 24, 2012) 4. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 5. The required trees shall be upgraded to 24-inch boxed size and shrubs shall be upgraded to 5-gallon size throughout the project. 6. Vine pockets are required to be added to the block wall that is located on the north and west property lines. B. Police Department The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded Resolution No. 2012-10 Page 5 of 6 31 B-17 to current code standards. Lighting standards cannot be located in required landscape planters and must incorporate shields to prevent light intrusion on the adjacent multi-family residential buildings (added by Planning Commission on September 24, 2012). 2. Signs shall be posted on the property prohibiting overnight parking. (added by Planning Commission on September 24, 2012). Resolution No. 2012-10 Page 6 of 6 31 B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2012 TITLE: PROPOSITION 1 B - PROJECT LIST AMENDMENT AND CONTRACT AWARD FOR LYON STREET: CHESTNUT TO FIRST & MAIN/FIRST STREET IMPROVEMENTS (PROJECT NO. 126775), AND MCFADDEN AVENUE: HARBOR TO FAIRVIEW (PROJECT NO. 126777) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution amending the project list for Fiscal Year 2009/10 Proposition 1 B as required by the State Controller's Office. 2. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,049,000 for construction of the Lyon Street: Chestnut to First & Main/First Street Improvements (Project No. 126775), and McFadden Avenue: Harbor To Fairview (Project No. 126777). 3. Approve the Funding Analysis as follows: Construction Contract - $1,049,000; Contract Administration - $31,470; Inspection and Testing - $52,450; Survey Staking - $20,980; Contingencies - $104,900; for a total estimated construction cost of $1,258,800. DISCUSSION In the November 6, 2006, election, California voters passed Proposition 1 B (Prop 1 B) to allow the State to sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties to fund the maintenance and improvement of local transportation facilities. The share of the fund that the City is allocated is determined by the State Controller's Office. To receive these funds, Council approved a project list for Fiscal Year 2009/10 on August 17, 2009. The Broadway from Civic Center to Santa Clara Street Rehabilitation (Project No. 116743) was added to the Prop 1B list by Council action on March 15, 2010. However, the City received State Local Partnership Program funds from the Orange County Transportation Authority to complete the project and, as a result, $2 million of the Prop 1 B funding allocation is no longer earmarked. Due to a Prop 1 B expenditure deadline of June 30, 2013, additional projects need to be added to the list in order to fully utilize these funds. Staff recommeno d!ee oljng Broadway from Civic Center to Santa Clara Contract Award for Lyon Street & McFadden Avenue October 15, 2012 Page 2 from the list and adding the Lyon Street, McFadden Avenue, and MacArthur Boulevard projects, as noted below, and adopting the attached Resolution (Exhibit 1): Modified FY 09/10 Pro 1 B Allocation Broadway Rehabilitation: Anahurst to Edinger Broadway Rehabilitation: McFadden to First Raitt Street Rehabilitation: St. Gertrude to Edinger Raiff Street Rehabilitation: Warner to St. Gertrude Lyon Street Rehabilitation: Chestnut to First * McFadden Avenue Rehabilitation: Harbor to Fairview * MacArthur Boulevard Rehabilitation: Bristol to Flower * x Added In this Council request, the improvements to Lyon Street and McFadden Avenue (Exhibit 2) have been identified as high priorities for rehabilitation in the City's Pavement Management System. The pavement has deteriorated due to weather, age, and heavy usage. Portions of the adjacent curb and gutter, driveway approaches, curb ramps, and sidewalks are in disrepair and require replacement. Improvements include rehabilitation of the pavement, and replacement of damaged concrete curb and gutter, driveway approaches, and sidewalk. Once completed, these improvements will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the streets. Additionally, the intersection of Main and First Streets is being enhanced on the southwest corner by the addition of an ADA-compliant curb ramp. The Notice Inviting Bids was advertised on September 7 & 8, 2012, and bids were opened on September 26, 2012. A summary of the bid invitations mailed, the bids received, and the bid results follows: Santa Ana contractors receiving notices: 13 Bids received: 5 Bids received from Santa Ana contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Hardy & Harper, Inc. Santa Ana $1,049,000 2. All American Asphalt, Inc. Corona $1,059,156 3. R.J. Noble, Inc. Orange $1,066,429 4. Bannaoun Engineers Constructors Corp. Chatsworth $1,076,554 5. Excel Paving, Inc. Long Beach $1,295,072 The Engineer's Estimate was $1,140,350. A total of five bids were received and all were responsive. The lowest bid was submitted by Hardy & Harper, Inc., for $1,049,000. 55A-2 Contract Award for Lyon Street & McFadden Avenue October 15, 2012 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, these recommended actions are exempt from further review. Categorical Exemption ER Nos. for all three projects are: ER-2012-62 (McFadden), ER-2012-63 (Lyon), and ER-2012-67 (Main/First). FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $1,258,800 for the project (Exhibit 2). Funds are available in: Gas Tax TCR HUT Construction Fund (accounting unit 059-17- 663-12677701028) and Proposition 1 B Fund (accounting unit 03017660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director Public Works Agency 4e?/ .4 Francisco Gutierrez Executive Director Finance & Management Services Agency RG/ET Exhibits: 1. Resolution 2. Project Location Map 3. Funding Analysis 55A-3 55A-4 EXHIBIT 1 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2009/10 Iss 10/5/21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 7, 2006, the people of the State of California enacted Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 ("Prop 1 B"), authorizing General Obligation Bonds, to be sold to fund transportation projects to relieve congestion, improve the movement of goods, improve air quality and enhance the safety and security of the transportation system; and B. The California Department of Transportation (CalTrans) is responsible for administering two billion dollars ($2,000,000,000) of Prop 1 B funds under the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 (LSR), to be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety; and C. LSR funds are allocated to cities based on total population of the city relative to all cities in the State. In Fiscal Year 2009/10, the City of Santa Ana was awarded an allocation of five million, two hundred fifty-four thousand, one hundred eighty-one dollars ($5,254,181); and D. As required by CalTrans, the City adopted a list of proposed projects to be funded by Prop 1B funds for each fiscal year in which funds were awarded. The approved lists are included in the City's Capital Improvement Budget; and E. Since the adoption of the project lists, additional projects have been recommended for Prop 1 B funding; and F. The City of Santa Ana possesses the legal authority to submit the projects for inclusion in the Transportation Improvement Program and to finance, acquire, and construct the projects. Section 2: The City Council of the City of Santa Ana approves the following amended list of proposed projects for funding under Prop 1 B under the Local Street and Page 1 of 3 55A-5 Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, and authorizes the Executive Director of Public Works to submit these projects to the California Department of Finance: 09/10 from Anahurst to Edinger Street Rehabilitation Broadway from McFadden to First Street Rehabilitation Raitt Street from St. Gertrude to Edinger Street Rehabilitation Raitt Street from Warner to St. Gertrude Street Rehabilitation J 11-11, -1 Lyon Street from Chestnut to First Street Rehabilitation McFadden Avenue from Harbor to Fairview Street Rehabilitation MacArthur Blvd from Bristol to Flower Street Rehabilitation Strikeout indicates Project removed from list Bold indicates Project added to list Section 3: The City Council certifies that the City of Santa Ana will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other Federal, State, and/or local laws, rules and regulations. Section 4: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the projects. Section 5.: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2012. Miguel A. Pulido Mayor Page 2 of 3 55A-6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Maria D Huizar, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on 2012. Date: Clerk of the Council City of Santa Ana Page 3 of 3 55A-7 55A-8 i 0 J m 0 m Q FIRST ST FIRST ST F- W_ > Q LL F PROJECT LIMITS EXHIBIT 2 SANTA ANA TITLE: CITY COUNCIL MCFADDEN AVENUE REHABILITATION AGENDA DATE: LYON STREET REHABILITATION W H OCTOBER A 2012 MAIN-FIRST INTERSECTION PUBLIC /ONUS AGENCY (PROJECT NO. 126777,126775) 55A-9 55A-10 FUNDING ANALYSIS PROJECT NOS 126775 & 126777 LYON STREET: CHESTNUT TO FIRST & MAIN/FIRST STREET IMPROVEMENTS AND MCFADDEN AVENUE: HARBOR TO FAIRVIEW Construction Contract $1,049,000 Contract Administration $31,470 Inspection and Testing $52,450 Survey Staking $20,980 Contingencies $104,900 TOTAL ESTIMATED CONSTRUCTION COSTS $1,258,800 Exhibit 3 55A-11 55A-12 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 85A-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. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Resolution No. 2012-XXX Page 2 of 3 85A_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: Clerk of the Council City of Santa Ana Resolution No. 2012-XXX 85A-3 Page 3 of 3 85A-4 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE RELATING TO COMMUNITY MANAGEMENT DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. NS-2771 of the Santa Ana Municipal Code relating to the establishment of Community Management Districts is hereby repealed. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Chapter 13 of the Santa Ana Municipal Code is hereby amended to delete Article XX in its entirety. ADOPTED this day of , 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (name) City Attorney Ordinance No. NS-XXX 85A-5 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 that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 2 85A-6