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FULL PACKET_2012-12-03
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 19, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ (5:13 P.M.) VINCENT F. SARMIENTO (5:13 P.M.) COUNCILMEMBERS Absent: SAL TINAJERO 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 5:12 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) Donald Stow v. City of Santa Ana; WCAB Case No. Unassigned Donald Kennedy vs. City of Santa; WCAB Case No. ADJ7186130; Case Settlement Request CITY COUNCIL MINUTES 1 NOVEMBER 19, 2012 1 0A -1 1B CONFERENCE WITH LEGAL COUNSEL — THREAT OF LITIGATION pursuant to Government Code Section 54956.9(b) — One Case 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Confidential Association of Santa Ana (CASA) CLOSED SESSION REPORT — See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:40 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 NOVEMBER 19, 2012 G r�7. REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:52 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:24 p.m.) PLEDGE OF ALLEGIANCE INVOCATION COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DALE TEMPLE, POLICE CHAPLAIN CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT Mayor Pulido left dais at 6:07 p.m and Mayor Pro Tern Alvarez assumed the Chair, Mayor Pulido returned and reassumed the Chair at 6:11 p.m. • Robert Flournoy, provided information on partnering with Convoy of Hope for an event planned for October 13, 2013. • Connie Hamilton, thanked the incoming Councilmembers for attending Comlink meeting; and commented on construction issue at her home. Mayor referred her to City Manager to address the problem. • Apolonio Cortez, thanked the City Council for approving Sunshine Ordinance and presented Certificates of Appreciation for support. CITY COUNCIL MINUTES 3 NOVEMBER 19, 2012 i NMI • Juan Carlos Macedo, presented Certificates of Appreciation to Councilmembers that voted in support of the Sunshine Ordinance. • Ken Nguyen, read letter of support from the Board of Parks and Recreation on the cell phone tower assessment fees. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Sarmiento pulled Agenda Items 22E and 22F for separate discussion; and • Councilmember Benavides pulled Agenda Item 25E for separate discussion. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR MEETING OF OCTOBER 15, 2012 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A APPOINT ALTERNATE DIRECTOR TO BIG INDEPENDENT CITIES EXCESS POOL - Personnel Services Agency CITY COUNCIL MINUTES 4 NOVEMBER 19, 2012 1 0A -4 MOTION: Appoint Briza Morales, Risk Management Coordinator, as the City's Alternate Director to the Big Independent Cities Excess Pool. 13B COUNCIL COMMITTEE REPORT - PARKS, RECREATION, EDUCATION & YOUTH COMMITTEE (PREY) — Parks, Recreation, and Community Services MOTION: Receive and file Parks, Recreation, Education and Youth Committee Minutes of September 25, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — None 19B EXCUSED ABSENCES — None 19C QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2012 - Finance & Management Services MOTION: Receive and file. 19D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM UPDATE FOR PROGRAM YEAR 2011 -2012 AND 2012 -2013 - Community Development Agency MOTION: Receive and file. 19E QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JULY 2012 - SEPTEMBER 2012 - Community Development Agency MOTION: Receive and file. 19F REQUEST FOR PROPOSALS FOR PLANNING AND ENVIRONMENTAL SERVICES FOR SANTA ANA GENERAL PLAN HOUSING ELEMENT UPDATE - Planning and Building Agency and Community Development Agency MOTION: Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide CITY COUNCIL MINUTES 5 NOVEMBER 19, 2012 1 0A -5 planning and environmental services for the update of the Santa Ana General Plan Housing Element. 19G CONFLICT OF INTEREST CODE FOR HOUSING AUTHORITY - Community Development Agency MOTION: Receive and file. 19H CONFLICT OF INTEREST CODE FOR SUCCESSOR AGENCY - Community Development Agency MOTION: Receive and file. 191 CONFLICT OF INTEREST CODE FOR OVERSIGHT BOARD - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING SAFE ROUTE TO SCHOOL FEDERAL PROGRAM GRANT FUNDS - Public Works Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -058 - Accepting $338,900 in Safe Route To School Federal Program grant funds into the Traffic System Management revenue account and appropriating the same amount to the Traffic System Management expenditure account for the purpose of implementing a Safe Route to School Project. 20B APPROPRIATION ADJUSTMENT ACCEPTING CALIFORNIA ENDOWMENT GRANT FUNDING PROGRAM FOR BUILDING HEALTHY COMMUNITIES - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 6 NOVEMBER 19, 2012 iil�l�� APPROPRIATION ADJUSTMENT NO. 2013 -056 - Recognizing the California Endowment Program funding in an amount of $61,144 into the revenue account and appropriate same into the expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 12 -072 - COMPUTERS - Award a contract to Dell Computer Corporation in an amount not to exceed $120,000 - Finance & Management Services; Parks, Recreation and Community Services Agency; Police Department 22B SPEC. NO. 12 -062 - ZOO ANIMAL FOOD - (Parks, Recreation & Community Services Agency) - Finance & Management Services • Reject the bid from Newco Distributors, Inc. as nonresponsive. • Award a contract to Midway City Feed Company with provision for three one -year renewals, in an annual amount not to exceed $35,000. 22C SPEC NO. 12 -055 - FIVE PROPANE - POWERED FORD UTILITY TRUCKS - Award a contract to National Auto Fleet Group in an amount not to exceed $469,560 - Finance & Management Services 22D SPEC. NO. 09 -029 - ASPHALT CONCRETE MATERIALS - Renew the contract with Vulcan Materials Co. for a one -year period in an annual amount not to exceed $50,000 (Public Works Agency) - Finance & Management Services MOTION: Award and renew the contract with Ben's Asphalt Inc. for a one -year period in an amount not to exceed $630,000 (Public Works Agency) MOTION: Sarmiento VOTE: AYES: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) CITY COUNCIL MINUTES 7 NOVEMBER 19, 2012 1 0A -7 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) MOTION: Award and renew the contract with Ben's Asphalt, Inc. for a one -year period in an amount not to exceed $450,000 (Public Works Agency) MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) AGREEMENTS Bustamante, Martinez, MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Item 25A through 25D, and 25F through 25P) 25A AGMT NO. 2012 -224 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012 -04 - With Laszlo J. and Patricia A. Biro, property owners, for the structure located at 2002 North Heliotrope Drive - Planning and Building Agency 25B AGMT NO. 2012 -225 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012 -05 - With James Bradley Penner and Gretchen Joy Penner, property owners, for the structure located at 2453 North Riverside Drive - Planning and Building Agency CITY COUNCIL MINUTES 8 NOVEMBER 19, 2012 illyx;� 25C AGMT NO. 2012 -226 - AMENDMENT - PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR PARK VIEW AT TOWN AND COUNTRY MANOR RESIDENTIAL TOWER AT 555 EAST MEMORY LANE - With Michael Brandman Associates in an amount not to exceed $8,000 - Planning and Building Agency 25D REQUEST FOR PROPOSALS FOR MUNICIPAL PARKING STRUCTURES OPERATOR AND CONTRACT EXTENSION FOR PARKING CONCEPTS INC. - Community Development Agency 1. Authorize the Community Development Agency to release a Request for Proposals for a management contract for a parking operator to manage the four city -owned downtown parking structures. 2. AGMT NO. 2012 -227 - With Parking Concepts, Inc. of Los Angeles in an amount not to exceed $7,800 for a three -month extension period MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Liebert Cassidy Whitmore, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Pulido VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 25F AGMT NO. 2012 -229 - COMPUTERIZED CASHIERING SYSTEM HARDWARE AND MAINTENANCE - With System Innovators, a division of Harris Computer Corporation, in an annual aggregate limit not to exceed $35,000 - Finance & Management Services CITY COUNCIL MINUTES 9 NOVEMBER 19, 2012 LL1 A , 25G COOPERATIVE AGREEMENTS - STATE LOCAL PARTNERSHIP PROGRAM FOR THE JOINT PAVEMENT REHABILITATION PROJECT - Public Works Agency 1. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. AGMT NO. 2012 -230 - With the Orange County Transportation Authority to obtain funds programmed in the State -Local Partnership Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, AGMT NO. 2012 -231 — With the City of Tustin to obtain funds programmed in the State -Local Partnership Program for the joint pavement rehabilitation project on McFadden Avenue (Mantle to Pasadena) on the City's easternmost boundary. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -063 - Recognizing the California Endowment Program funding in an amount of $61,144 into the revenue account and appropriate same into the expenditure accounts.Approve an appropriation adjustment accepting additional State -Local Partnership Program (SLPP) funds in the amount of $24,000 into the Proposition 1 B Fund to be appropriated to the Proposition 1 B Fund for the below listed projects. 25H AGMT NO. 2012 -232 - DEVELOPMENT OF PERMANENT HOUSING FOR PERSONS WITH HIV /AIDS (HOPWA) - With Mercy House Living Centers in an amount of $90,000 - Community Development Agency 251 AGMT NO. 2012 -233 — AUTOMATIC VEHICLE LOCATOR SYTEM (AVL) SOFTWARE MAINTENANCE AND CUSTOMER SUPPORT - With GeoSpatial Technologies, Inc., in an amount not to exceed $20,898 - Police Department 25J AGMT NO. 2012 -234 — AMENDMENT - WIRELESS DATA SERVICES AND EQUIPMENT - With Verizon Wireless Data Services under the Western States Contracting Alliance (WSCA) Master Agreement for Wireless Data Communications Services and Equipment through October CITY COUNCIL MINUTES 10 NOVEMBER 19, 2012 ii[1l_dlC 31, 2016, and an extension through October 31, 2019 if extended by WSCA and providing compensation of $110,000, annually, throughout the term of the agreement - Finance & Management Services 25K AGMT NO. 2012 -235 - WIRELESS SERVICES AND EQUIPMENT - Authorize continued payment pursuant to the Participating Addendum with AT &T Mobility National Accounts LLC (formerly known as New Cingular Wireless National Accounts LLC) under a master agreement with the Western States Contracting Alliance (WSCA) through October 31, 2016, and an extension through October 31, 2019, in an amount not to exceed $110,000 per year - Finance & Management Services 25L AGMT NO. 2012 -236 - GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) - With Antonia Gonzalez dba La Estrelita, tenant of the property located at 208 North Grand Avenue, Unit B (APH 398 - 453 -05 & 06), in an amount of $1,965 - Public Works Agency 25M AGMT NO. 2012 -237 - DIGITAL WATER MAPPING SERVICES - With iWater, Inc., in an amount not to exceed $150,000 - Public Works Agency 25N AGMT NO. 2012 -238 - AMENDED - PURCHASE ORDER EXTENSION FOR IMPORTED WATER PURCHASE - With Metropolitan Water District of Southern California for a two -year extension - Public Works Agency 250 AGMT NO. 2012 -239 - AMENDED - ANNUAL MAINTENANCE AND SUPPORT OF THE ELECTRONIC DOOR ACCESS SYSTEM - With Simplex/Grinnell LP, in an amount not to exceed $14,796 - Police Department 25P AGMT NO. 2012 -240 - AMENDED - ANNUAL MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH (CAD) SYSTEM - With Tiburon Inc., in an amount not to exceed $38,146 - Police Department LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2012 -22 AND VARIANCE NO. 2012- 08 TO ALLOW A RESTAURANT AND DRIVE - THROUGH LANE IN THE CITY COUNCIL MINUTES 11 NOVEMBER 19, 2012 1 0A -11 SP -2 ZONE, AND A REDUCTION IN THE VEHICLE STACKING LANE FOR DRIVE - THROUGH LANE - 3825 WEST FIRST STREET — HDMM ENTERPRISE, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on October 8, 2012, by a vote of 6 -0 (Turner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012 -22 as conditioned and Variance No. 2012 -08 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS Councilmember Sarmiento left the meeting at 6:21 p.m. and returned at 6:24 p.m. RESOLUTIONS 55A RESOLUTION - MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM GRANT APPLICATION - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012 -047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM FOR THE DEVELOPMENT OF AN URBAN DISCHARGE DIVERSION FACILITY IN THE SANTA ANA DELHI CHANNEL MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55B RESOLUTION - MEASURE -M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM GRANT APPLICATIONS - Public Works Agency CITY COUNCIL MINUTES 12 NOVEMBER 19, 2012 1 0A -12 MOTION: Adopt a resolution. 1. Adopt a resolution. RESOLUTION NO. 2012 -048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 2. Direct staff to amend the seven -year Capital Improvement Program to incorporate the Comprehensive Transportation Funding Program projects list. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Pulido (5) None (0) None (0) Sarmiento, Tinajero (2) Councilmember Sarmiento returned to the meeting at 6:24 p.m. Councilmember Tinajero joined the meeting at 6:24 p.m. PUBLIC HEARINGS 75A PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2012 -02 TO AMEND SPECIFIC DEVELOPMENT NO. 65 AND SITE PLAN REVIEW NO. 2012 -06 TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET — DISCOVERY SCIENCE CENTER, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on November 13, 2012 by a 5 -0 vote (Acosta absent). Legal Notice published in the O.C. Reporter on November 9, 2012 and notices mailed on November 8, 2012. CITY COUNCIL MINUTES 13 NOVEMBER 19, 2012 1 0A -13 Staff report presented by Executive Director of Planning and Building, Jay Trevino. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2840 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD -65) TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET (ZOA NO. 2012 -02) 2. Adopt a resolution. RESOLUTION NO. 2012 -049 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2012 -06 AS CONDITIONED TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED TO A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY AT 6:46 p.m. 80A JOINT CITY COUNCIL /HOUSING AUTHORITY — EXCLUSIVE NEGOTIATING AGREEMENT FOR REGIONAL TRANSPORTATION CENTER AND HOUSING AUTHORITY PROPERTIES; AND CONTRACT AMENDMENT WITH KEYSER MARSTON ASSOCIATES SUBSTITUTE MOTION: Approve as recommended by staff. MOTION: Alvarez SECOND: Pulido VOTE: AYES: Alvarez, Bustamante, Pulido (3) CITY COUNCIL MINUTES 14 NOVEMBER 19, 2012 1 0A -14 NOES: Benavides, Martinez, Sarmiento, Tinajero (4) ABSTAIN: None (0) ABSENT: None (0) Motion failed. AMENDED MOTION: Continue consideration of matter for 45 days. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero (4) NOES: Alvarez, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) City Council reconvened with same members present at 6:50 p.m. 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 REPORT ON CITYWIDE RECORDS RETENTION AND DESTRUCTION POLICY - Mayor Pro Tem Alvarez and Councilmember Sal Tinajero At the August 20, 2012 City Council meeting Mayor Pro Tem requested that item be placed on the September 4, 2012 Council meeting. At the September 4, 2012 City Council meeting Mayor Pro Tem Alvarez requested item be agendized on the next City Council agenda for status report from staff. At the September 17, 2012 City Council meeting Mayor Pro Tem Alvarez requested matter be re- agendized after October 2012 to receive update. Clerk of the Council Huizar provided status update. Mayor Pro Tem Alvarez requested that the item remain on the Agenda to receive updates. CITY COUNCIL MINUTES 15 NOVEMBER 19, 2012 1 0A -15 Mayor Pulido, and Councilmember Martinez declared a conflict of interest on Agenda Item 85B, left the dais and did not participate in the discussion of the matters (7:01 p.m.). Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. 85B 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, SETTING PUBLIC HEARING FOR DISESTABLISHMENT, AND ORDINANCE REPEALING PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ( "PBID ") - Mayor Pro Tern Alvarez Continued from the August 24, September 19, October 3, October 17, November 7, 2011 meetings; July 2, August 6, 2012, September 4, 2012 and October 1, 2012, October 15, 2012 City Council meetings. Mayor Pro Tern Alvarez noted for the record that Mayor Pulido is waiting for advice from Fair Political Practices Commission (FPPC) on whether or not be is able to participate in the matter. Also, mediation on the matter underway. Mayor Pulido and Councilmember Martinez returned to the meeting at 7:08 p.m. Mayor Pulido reassumed Chair. 85C SUPPORT OF HUMAN RIGHTS AND AGAINST COMMUNISM AND OPPRESSION IN VIETNAM - Mayor Pulido and Mayor Pro Tern Alvarez The following individuals spoke in support of human rights and against communism and requested that the City Council approve a resolution similar to the City of Westminster and Garden Grove regarding same: • Professor Rev. David Hugmh Alexander, representing the VABC Vietnamese American Community Business Center • Ha Son Tran, representing Vietnamese American Federal of Southern California • Ken Nguyen • Neil Nguyen, Esq., representing Vietnamese American Federal of Southern California • Dr. Long Pham, presented flag of freedom and scarves to all members of the City Council • Ly Kien Truc of Viet Media Association • H. T. Thich Ninh Nguyen • Zeke Hernandez • Phat Bui • Doan Trong • Lan Quo Nguyen, Garden Grove School Board Member CITY COUNCIL MINUTES 16 NOVEMBER 19, 2012 iillym � City Council discussion ensued. Mayor Pulido noted that "Little Saigon" began in the City of Santa Ana and such resolution should have been adopted 10 years ago. Mayor Pulido motioned to direct staff to draft a resolution in support of human rights and in opposition of communism. Motion seconded by Mayor Pro Tern Alvarez. Council unanimously agreed to support freedom and stand up against injustice. Friendly amendment proposed by Councilmember Sarmiento, accepted by Mayor Pulido. MOTION: Establish an Ad Hoc Committee to consider incorporating all human rights violations and direct staff to prepare a resolution. MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 8:17 P.M. AND RECONVENED AT 8:32 P.M. WITH ALL MEMBERS PRESENT COUNCILMEMBERS TINAJERO AND BUSTAMANTE LEFT THE MEETING AT 8:32 P.M. AND DID NOT RETURN. CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 8:32 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AND RECONVENED AT 8:33 P.M WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides: CITY COUNCIL MINUTES 17 NOVEMBER 19, 2012 1 0A -17 Councilmember Benavides: • Encouraged residents to give thanks and wished all a Happy Thanksgiving; and • Encouraged residents to shop in Santa Ana and support local small businesses. Mayor Pro Tern Alvarez: • Wished all a Happy Thanksgiving. Councilmember Sarmiento: • Commented on decisions made at tonight's meeting that are historic; • Happy Thanksgiving wishes to all. Councilmember Martinez: ■ Congratulated the two Councilmembers -elect and Santa Ana Unified School Board Member Elect Cecilia Iglesias; • Informed residents of new Pony League sign -ups taking place; thanked Councilmember Tinajero for support of efforts to bring League to the City; • Request meeting be adjourned in memory of her grandmother Stella Mejia; reflected on her life and legacy; • Wished all a Happy Thanksgiving. Mayor Pulido: • Welcomed incoming councilmembers; • Thanked Mayor Pro Tern Alvarez and wished her well with her new endeavors; • Adjourned Meeting in memory of Stella Mejia and echoed sentiments by Councilmember Martinez. ADJOURNED - 8:43 P.M. - The next meeting of the City Council is scheduled for Monday, December 3, 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 Stella Mejia Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 18 NOVEMBER 19, 2012 ii[ll_d_E:� FUTURE AGENDA ITEMS • Street Car Project Update and Action items • Update Citywide Classification and Compensation Plan • Ordinance Addressing Homeless Shelter per Senate Bill 2 (SB2) CITY COUNCIL MINUTES 19 NOVEMBER 19, 2012 iA iilll_b—larall] REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: ORDINANCE SECOND READING: — ZONING ORDINANCE AMENDMENT NO. 2012 -02 TO AMEND SPECIFIC DEVELOPMENT NO. 65 TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET — DISCOVERY SCIENCE CENTER, APPLICANT CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On November 19, 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 -2840 - AN ORDINANCE OF THE CITY COUNCIL OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD -65) TO RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER A T MAIN STREET (ZOA NO. 2012 -02) FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2840 11 A -1 THE CITY OF ALLOW THE 2500 NORTH 11 A -2 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 65 (SD -65) TO ALLOW THE RENOVATION AND EXPANSION OF THE DISCOVERY SCIENCE CENTER AT 2500 NORTH MAIN STREET (ZOA NO. 2012 -02) 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 proposed Zoning Ordinance Amendment No. 2012 -02 is to amend Specific Development No. 65 (SD -65) to allow a reduction in parking as required by both SD -65 and the Santa Ana Municipal Code (SAMC). B. On October 22, 2012, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2012 -02 to amend Specific Development No. 65 (SD -65) to allow a reduction in required parking pursuant to the requirements of a parking analysis and management plan. C. Zoning Ordinance Amendment No. 2012 -02 came before the City Council of the City of Santa Ana for a duly noticed public hearing on November 19, 2012, to consider all testimony, written and oral. D. The City Council adopts as findings all facts presented in the Request for Council Action dated November 19, 2012, accompanying this matter. For these reasons, and each of them, Zoning Ordinance Amendment No. 2012- 02 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. Section 2. Specific Development No. 65 (SD -65) is hereby amended as follows: SECTION 7 - PARKING REOUIREMENTS A. Museums and science centers. Vehicular parking shall be per the requirements of a Parking Management Plan completed by a professional traffic engineer, and approved by the Planning and Building Agency. The Parking Management Plan must be 11 A -3 updated for special events, or if any operations of the use are modified in any way. Bus parking spaces for three (3) vehicles on -site, and off -site parking and queuing per the Bus Parking Management Plan. The Bus Parking Management Plan is herein incorporated by reference. B. Professional zoned uses. Per Article XV, Chapter 41 of the Santa Ana Municipal Code. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12012. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney in Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11 A -4 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD 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 Appoint Nathan Nishimoto, Director, Family Self- Sufficiency Division, replacing Maritza Rodriquez Farr, as the Orange County Social Services Agency representative on the Santa Ana Workforce Investment Board. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of November 15, 2012, by a vote of 16:0 (Alegre, Davila, de la Riva, de Leon, Elliott, Everett, Gebre, Korthuis, Nazeri, Knitter, Sanchez, Su absent), the Workforce Investment Board recommended that the City Council appoint Nathan Nishimoto, Director, Family Self- Sufficiency Division, replacing Maritza Rodriquez Farr, as the Orange County Social Services Agency representative on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the City Council adopted a resolution establishing the Santa Ana Workforce Investment Board (WIB) and appointed 35 members. In accordance with federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. Due to retirement, Ms. Maritza Rodriguez Farr submitted a resignation letter earlier this year. She represented the Social Services Agency (SSA) on the WIB. The County SSA Director has submitted a nomination letter requesting the appointment of Mr. Nishimoto to be their representative on the WIB. 13A -1 WIB Appointment December 3, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Edwo ds GGY� Interim Executive Director Community Development Agency NTE /LAO /kg Exhibit: 1. Nomination Letter 13A -2 Sept 26, 2012 County of Orange SOCIAL SERVICES AGENCY 888 N. MAIN STREET SANTA ANA, CA 92701 -3518 (714) 541 -7700 Lee McMurtray, Chair Santa Ana Workforce Investment Board 1000 E. Santa Ana Blvd., Suite # 200 Santa Ana, CA 92701 Mr. McMurtray, MICHAEL L. RILEY, Pb.D. DIRECTOR MIKE RYAN CHIEF DEPUTY DIRECTOR MIKE RYAN ACTING DIVISION DIRECTOR ADMINISTRATIVE SERVICES WENDY AQUIN DIVISION DIRECTOR ADULT SERVICES & ASSISTANCE PROGRAMS GARY TAYLOR DIVISION DIRECTOR CHILDREN & FAMILY SERVICES NATHAN NLSHIMOTO DIVISION DIRECTOR FAMILY SELF - SUFFICIENCY The County of Orange Social Services Agency (SSA) has a long and rewarding partnership with the Santa Ana Workforce Investment Board (WIB). We are committed to continuing and strengthening that partnership in the future. Due to her retirement, Maritza Rodriguez Farr resigned her position on the Board effective June 7, 2012. It is with great pleasure that I nominate Nathan Nishimoto, Director of the Family Self- Sufficiency Division (FSS), as a Workforce Investment Board member representing SSA. Nathan has been a County employee for 29 years with progressively responsible positions with Agency. Nathan has extensive knowledge in public child welfare and has immersed himself in learning about Welfare -To -Work. Nathan's resume is attached for your review. Thank you for consideration of our nomination to represent SSA on the Santa Ana Workforce Investment Board and we look forward to working closely with you in the future. Sincerely, Michael L. Riley, 4.D. Director Attachment EXHIBIT 1 888 N. Main St. Phone (714) 541 -7810 Santa Ana, CA 92701 Fax (714) 541 -7811 Nathan.N ishimoto@ssa.ocgov.com Nathan Y. Nishimoto EMPLOYMENT Director, Family Self- Sufficiency Division, Orange County Social Services Agency June 2012 - Present Deputy Director - Orange County Social April 2004 - June 2012 Services Agency, Children and Family Services Orange, CA • Since 2009 have shared lead with CFS directors in working with consultant to strengthen Children and Family Services Leadership Team's communication and working relationships. • In October 2009, scope of responsibility expanded to include Operational Support Services. Span of control now comprise 48% (511 employees) of Children and Family Services employees. • In July 2007, assumed responsibility for Orangewood Children's Home, Placement Services and Dependency Investigations. • Until July 2007, Directed four continuing court programs in complying with legal mandates while transitioning to promising child welfare practices to meet agency's System Improvement Plan and child welfare outcomes. • Collaborate with four deputy directors and director of children and family services to manage division's day -to -day business that includes staff allocation, budget planning and forecasting. • Coordinate and collaborate with agency partners in the use of and development of congregate care beds. • Promote the relationship and utilization between family resource centers and agency staff. • Implement Children and Family Services' strategic plans. • Co -chair of the Self Evaluation Team strategy group. Program Manager II - Orange County April 2002 - April 2004 Social Services Agency, Children and Family Services, Group Home Programs Orange, CA • Managed and led 50 Senior Social Workers and eight Senior Social Services Supervisors. • Expanded use of Wraparound Services to move children out of group home placements. • Collaborate with Executive Directors of community Group Homes and Health Care Agency's management to provide the most effective services while children are in group home care. 13A -4 Nathan Y. Nishimoto Page 2 • Strategize and problem solve delivery of services with anticipated shortfalls due to fiscal year 2002/03 budget crisis. • Led the program in paradigm shift of using group homes as an intervention, not a placement. Significantly reduced SSA's utilization of group homes for dependents. • Led development and implementation of Placement Preservation Meetings based upon the team decision making platform. • Represented SSA's management as the lead mediator on the County's Conciliation Process with the Performance Incentive Program. Program Manager II - Orange County May 1998 - April 2002 Social Services Agency, Children and Family Services, Integrated Continuing Services Orange, CA • Managed and led 63 Senior Social Workers and nine Senior Social Supervisors. • Converted staff from producing court reports and case plans from paper and pen practice to MS Word based, CWS /CMS electronic system. • Ninety six percent of program's status review reports met report's judicial deadline. • Successfully and effectively worked with staff to implement many new child welfare laws, regulations, department procedures, non mandated department and county initiatives and computer system changes. • Chaired Family Group Decision Making committee in May 2001. Family Group Decision Making conferences became operational in January 2002. • Prepared program's annual budget and submitted budget requests to augment staffing, services, resources and equipment. Program Manager II - Orange County May 1995 - May 1998 Social Services Agency, Children and Family Services, Resource Development & Management Orange, CA • Prepared annual budget for entire Children and Family Services. • Created and managed foster and adoptive family development team. Added 40 families per year. • Recruited and developed new group home beds in Orange County. More than 60 RCL 12 to 14 beds were created. • Liaison with CalOPTIMA to introduce MediCal managed care to Orange County dependents and their caregivers. Program Manager II - Orange County 1988- 1995 Social Services Agency, Children and Family Services, Child Abuse Registry/ Emergency Response and Financial Services Orange, CA • Managed and led program of 75 Senior Social Workers and Senior Social Services Supervisors. • Expanded emergency response social worker outstation assignments with local police departments by 100 %. 13A -5 Nathan Y. Nishimoto Page 3 • Worked with local school districts to begin development of Healthy Start Programs. • Collaborated with Orange County Sheriff and Coroner Office to formalize county's Child Death Review Team. • While on unique inter - department rotation prepared program's annual budget and submitted budget requests to augment staffing, services, resources and equipment. Senior Social Services Supervisor 1983 - 1988 Orange County Social Services Agency, Child Abuse Registry/ Emergency Response and Independent Living Program Orange, CA Social Services Practitioner - County of 1979- 1983 Riverside, Dependency Investigation and Family Maintenance EDUCATION California State University, Fullerton 1977- 1979 ■ Master of Science, Community /Clinical Psychology Pacific University, Forest Grove, OR 1974- 1977 ■ Bachelor of Science, Psychology University of California, Los Angeles 1985 School of Social Welfare • Public Child Welfare Managers and Administrators Certificate Leadership and Management Training: • Leaders in Action Executive Development 2009 Program, Southern Area Consortium of Human Services • University of California, Davis Leadership 2008 Development Program • Orange County Leadership Academy, 2006 Chapman University • University of California, Davis Executive 2005 Leadership Program INTERESTS Golf i 14�1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING DEVELOPER CONTRIBUTION FUNDS FOR A BUS PAD AT THE NORTHEAST CORNER OF MCFADDEN AND GRAND C ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting a developer contribution in the amount of $27,700 into the Select Street Construction revenue account (05917002- 57080) and appropriate the funds to the Select Street Construction expenditure account (05917660- 66220), for the Lyon Street Rehabilitation Project (Project 12- 6775). DISCUSSION The developer of a new McDonald's at 1100 S. Grand Avenue has installed a new driveway access in the vicinity of an existing bust stop (Exhibit 1). Because of the high volume of bus passengers and pedestrians at this location, the Orange County Transportation Authority has requested that the bus stop be relocated to the northeast corner of McFadden and Grand. Since McDonald's did not anticipate performing roadway work, they do not have a contractor to reconstruct the bus pad. Instead, McDonald's wishes to pay the City to construct the bus pad. The new bus pad may be constructed as part of the Lyon Street Rehabilitation Project that is currently under construction. However, in order to recognize the additional funds into the project, an appropriation adjustment is needed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 20A -1 Appropriation Adjustment Accepting Developer Contribution Funds for a Bus Pad at McFadden and Grand December 3, 2012 Page 2 of 2 FISCAL IMPACT Funds received in the total amount of $27,700 will be deposited into the Select Street Construction revenue account (05917002- 57080) and appropriated into the Select Street Construction expenditure account (05917660- 66220), and a new activity created for the Lyon Street Rehabilitation Project (Project 12- 6775). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /ML Exhibit: 1) Location Map GRAND AVENUE NEW DEVELOPMENT ! MCDONALD'S i 1100 S. GRAND AVE I I I I I NEW DRIVEWAY - - - -- . --a- -- r- r----- -..... .� BUS STOP .................................. i SANTA ANA i;�N"m I i i i i i i EXHIBIT 1 AND NEW PAD �. --..-..-----.-..-..-..-..-..-..------- i MCFADDEN AVENUE i i i i i i CITY COUNCIL APPROPRIATION ADJUSTMENT ACCEPTING AGENDA DEVELOPER CONTRIBUTION FUNDS FOR A DATE: BUS PAD AT THE NORTHEAST CORNER OF DEC. 3. 2012 MCFADDEN AND GRAND PAGE 1 OF al . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONTRACT AWARD TO EN POINTE TECHNOLOGIES FOR COMMVAULT PREMIER SUPPORT AND MAINTENANCE RENEWAL (SPEC. NO. 12 -069) WwA �_ ��1� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 02900M ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to En Pointe Technologies Sales Inc. for CommVault Premier Support and Maintenance Renewal in an annual amount not to exceed $40,000, with an option to extend for up to three additional one -year renewals, exercisable by the City Manager. DISCUSSION The Information Services Division provides computerized support to both the City Hall and the Santa Ana Police Department (SAPD) Data Centers, which together house the largest concentration of computer systems used to support City operations. Over 200 server class computers operating in these data centers host computer systems that all City agencies and departments utilize. To ensure the integrity of these systems, the computer data must be protected from loss or damage due to a disaster, equipment failure or even inadvertent deletion or change. The process of copying and storing computer data separately from its primary computer device is called "backing up ". Currently some 12 terabytes (12,000,000,000,000 bytes) of computer data are backed up regularly from the City Hall and SAPD data centers. In 2007, CommVault data backup and recovery software was installed and has performed satisfactorily. Premier support and maintenance is offered on an annual basis and is needed to ensure continuity of computing operations in support of City services. The renewal will provide updates, upgrades and technical support to keep critical software operating at peak efficiency. 22A -1 Contract Award for CommVault Premier Support and Maintenance Renewal December 3, 2012 Page Two The notice inviting bids was advertised on October 23, 2012 and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 1 Bid received The bid received and opened on November 1, 2012 from En Pointe Technologies Sales Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in Finance Information Systems Strategic Plan Maintenance and Support (accounting unit 10910147 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency EG 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONTRACT AWARD TO ADAMSON POLICE PRODUCTS FOR TACTICAL BODY ARMOR VESTS (SPEC. NO. 12 -070) 1 frpCITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Adamson Police Products for the purchase of tactical body armor vests in the amount of $33,700; and an annual blanket contract in the amount of $25,000 to provide miscellaneous police equipment and traffic flares, for a total annual amount not to exceed $58,700. DISCUSSION Police Officers assigned to the Police Department's Special Investigation Section (Narcotics, Vice and Career Criminal Units) are tasked with the responsibility of investigating and arresting criminals who are commonly armed to protect themselves and evade capture. In order to adequately protect officers while working undercover, a specialized tactical body armor vest with rapid deployment and high ballistic protection is required. The manufacturer's recommended replacement schedule is every five years. This contract will replace 20 vests that were purchased in 2006. The notice inviting bids was advertised on October 23, 2012 and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 3 Bids received Bids were received and opened on November 15, 2012 and evaluated (Exhibit 1). The bid received from Adamson Police Products is responsive to the specifications and meets the City's requirements. This vendor also provides miscellaneous equipment and traffic flares to the Police Department. As a result of the award, the annual blanket order contract for Adamson Police Products also requires council approval. 22B -1 Contract Award for Tactical Body Armor Vests December 3, 2012 Page 2 FISCAL IMPACT Funds are available in the Criminal Activities Department of Justice accounting unit (no. 02614450- 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Acting Chief of Police Executive Director Police Department Finance & Management Services Agency EG ABSTRACT OF BIDS CONTRACT AWARD FOR TACTICAL BODY ARMOR VESTS (12 -070) VENDOR ADAMSON POLICE GALLS, LLC MARKETING PROFORCE PRODUCTS INC. LOCATION LOS ALAMITOS LONG BEACH PRESCOTT, AZ OFFER $33,618 $35,512.68 $42,668.78 Exhibit 1 �N :151 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONTRACT AWARD TO GOLDEN BELL PRODUCTS INC. FOR TREATING SANITARY SEWER MANHOLES (SPEC. NO. 12 -073) I / +YZ, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U%1=001=9-11 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Golden Bell Products, Inc. to treat sanitary sewer manholes with insecticidal latex coating for a one -year period, with provision for three one -year renewals, in an annual amount not to exceed $50,000. DISCUSSION The City owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines and 8,300 manholes. Cockroach infestation is controlled by applying insecticide in sewer manholes. The use of insecticidal latex coating provides a cost effective manhole treatment that remains effective for several years after application. Due to the specialized materials and equipment required, the City has historically contracted with a private company for this work. Golden Bell Products, Inc. has the sole distribution and application rights for insecticidal latex coating within the state of California. It provides treatment services to the Los Angeles County Sanitation District as well as to approximately 60 other cities and agencies in California, and has been providing this service to the City of Santa Ana for the past six years. Their work has been of high quality with effective cockroach control continuing well beyond the two -year warranty period. The proposed contract will provide treatment of approximately 2000 sanitary sewer manholes per year. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund accounting unit (no.05617640 62300). Raul Godinez II Executive Dire4r Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONTACT AMENDMENTS FOR POLICE VEHICLE CONVERSION PARTS AND EQUIPMENT (SPEC. NO. 12 -074) W601-0 OL"A ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: &Rvs • k ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contracts for miscellaneous police vehicle conversion parts and equipment to increase the aggregate limit of each vendor by the following amount: Go Rhino Products Brea $22,000 Federal Signal Corp. Anaheim $36,000 Power Guardian, Inc. North Plains, OR $ 9,000 DISCUSSION The City establishes contracts with vendors who provide supplies and services that are required by agencies on a consistent basis. In order to prepare newly purchased vehicles for use by the Patrol Division of the Police Department, the Fleet Maintenance Division of the Finance and Management Services Agency contracts with qualified vendors to provide vehicle conversion parts and equipment such as light bars, weapon rack assemblies, push bumpers, trunk trays, and window partitions. Go Rhino Products, Federal Signal Corp., and Power Guardian, Inc. are among the core group of vendors who provide parts and equipment to convert the Crown Victoria sedan into a patrol vehicle. Fleet Maintenance budgets to replace patrol cars based on optimum vehicle lifecycle each fiscal year. Using this process, 25 patrol vehicles were identified for replacement in both FY 2011 -12 and FY 2012 -13. Due to fiscal austerity measures in FY 2011 -12, only 12 of the 25 vehicles were purchased in January 2012. With an easing of budget pressure, the final 13 replacement vehicles were purchased in June 2012, (along with an additional unit to replace a damaged vehicle). These 14 vehicles are currently undergoing conversion to become patrol vehicles. In October 2012, the City purchased the 25 Crown Victoria sedans budgeted for FY 2012 -13. The cost to convert the 25 vehicles in the same contract year as the previous14 vehicles requires an increase in the amount of the vendor contracts. 22D -1 Contract Amendments for Vehicle Conversion Parts & Equipment December 3, 2012 Page 2 Additionally, Ford Motor Company has announced it will be discontinuing the Crown Victoria model. Therefore, this will be the final purchase of Crown Victoria sedans for the City. Staff will evaluate what vehicle model to purchase in FY 2013 -14 for use by patrol and solicit bids for conversion parts and equipment for the new model at that time. Staff recommends increasing the contract amount for the three vendors in order to provide uninterrupted service and equipment uniformity. FISCAL IMPACT Funds are available in the Finance and Management Services Agency Equipment Replacement accounting unit (no. 07510101 - 66400). Francisco Gutierrez Executive Director Finance and Management Services Agency SP 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM vog u FA ■►� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a 5th amendment, one year extension, to the Consultant Agreement with Phoenix Group Information Systems, for an automated parking citation processing system in an amount not to exceed $250,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2004, Phoenix Group Information Systems has provided a satisfactory automated parking citation processing system for the Police Department. The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations and Phoenix Group Information Systems streamlines and expedites the issuance and processing of "hard copy" parking citations. In 2008, the Police Department sent out a Request for Proposal for an automated parking citation processing system. Two vendors responded to the RFP, Phoenix Group Information Systems and Turbo Data Systems Inc., and it was determined that Phoenix Group Information Systems performed satisfactorily and the charges for their services were 20% less per citation compared to Turbo Data Systems Inc. FINANCIAL IMPACT Funds in the amount of $250,000 are available in the Police Department Traffic Division Fund (account no. 01114405 62300), Public Works Roadway Cleaning Fund (account no. 06817641 62300), and CDA Parking Meter Fund (account no. 02718860 62300). 25A -1 Automated Parking Citation Processing December 3, 2012 Page 2 of 2 Carlos Rojas, Acting Chief of Police Police Department r Raul Godinez Executive Direct r Public Works Agency Nancy T. wards Interim Exe utive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25A -2 FOURTH AMENDMENT TO CONSULTANT AGREEMENT This FIFTH AMENDMENT TO AGREEMENT is entered into this 31 st day of December, 2012, by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. City and Consultant entered into Agreement #A- 2008 -333, dated December 1, 2008, for the processing of parking citations and collection of parking penalties (hereinafter "said Agreement "). B. City and Consultant entered into First Amendment to Agreement #A- 2009 -210, dated December 21, 2009, to extend the term for an additional one -year period and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement #A- 2010 -242, dated December 7, 2010, to extend the term for an additional one -year period and increase compensation, at a lesser amount than that originally set forth in said Agreement, to pay for services provided during the extended term. D. City and Consultant entered into Third Amendment to Agreement #A- 2011 -257, dated December 5, 2011, to extend the term for an additional six -month period and increase compensation to pay for services provided during the extended term. E. City and Consultant entered into the Fourth Amendment to Agreement #A- 2012 -146, dated June 30, 2012 to extend the term for an additional one year period and increase the compensation to pay for services provided during the extended term. F. In accordance with the terms and conditions of said Agreement, the Parties desire to extend the term of said Agreement for an additional one -year period and increase the compensation term to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $250,000.00 to pay for services during the extended term. 25A -3 2. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one year period through December 31, 2013. 3. Except as hereinabove modified, aJl terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Assistant City Attorney N 25A-4 CITY OF SANTA ANA PAUL M. WALTERS City Manager PTI --;NIX GROUP INFORMATION SYSTEMS BOB MURPHY President REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH OCTA FOR ❑ As Recommended FEDERAL TRANSIT AUTHORITY ❑ As Amended SECTION 5307 FUNDING FOR SECURE El El on 15i Reading ❑ Ordinance on 2 "d Reading BIKE PARKING SYSTEMS ❑ Implementing Resolution PROJECT 13 -6791 ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER ITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Transportation Authority in the amount of $164,250, subject to non - substantive changes approved by the City Manager and City Attorney, to provide Federal Transit Authority Section 5307 Funds for the Secure Bike Parking Systems project. 2. Approve a Title VI Plan of the Civil Rights Act of 1964 as a condition of receiving Federal Transit Authority funding. DISCUSSION On June 21, 2010, the City Council authorized an application for project funding through the Transportation Enhancement Program administered by the Orange County Transportation Authority (OCTA). These funds are designated for transportation enhancement projects to support public transportation facilities. On December 16, 2011, OCTA awarded $164,250 in Federal Transit Administration (FTA) Section 5307 funds for the Secure Bike Parking Facilities project. The City Council subsequently approved and appropriated this funding in the FY 12/13 Capital Improvement Program (CIP). However, an executed agreement with OCTA is needed to receive the grant and to proceed with this project (Exhibit 1). The Secure Bike Parking Facilities project involves installation of facilities in both the Civic Center and Downtown areas (Exhibit 2) which will enable commuters to securely lock up and safely access their bicycles. The intent is to enhance urban mobility for transit - dependent individuals and to encourage commuter ridership. 25B -1 Agreement with OCTA for Federal Transit Authority Section 5307 Funding for Secure Bike Parking Systems Project 13 -6791 December 3, 2012 Page 2 Recipients of FTA funds are required to ensure compliance with federal regulations and, specifically, Title VI of the Civil Rights Act of 1964. Meeting this requirement entails adoption of a formal Title VI Program that responds completely to the requisites and guidelines specified in Circular FTA C 4702.1B. Staff is requesting that Council adopt the Title VI Plan for the City of Santa Ana as submitted in Exhibit 3. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT FTA Section 5307 funds have been appropriated in the FY 12/13 CIP in the Select Street Construction Account (05917660- 66220). For the $54,750 City match, the Public Works Agency has allocated $27,375 in undesignated FY 11/12 Measure M2 funds (Account 03217662- 66220) and the Parks, Recreation, & Community Services Agency has allocated $27,375 in unspent Civic Center Capital Projects funding (Account 07413260- 66220) for this project. Raul Godinez II Executive Direct Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, & Community Services Agency RG /SF Exhibits: 1. Cooperative Work Agreement 2. Location Plan 3. Title VI Plan APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director / 1 Finance & Management Services Agency 1 2! 3 4 5 6 7 s 9 10 11 12 13 14 1.5 16 17 1& 19 20 21 22 23 24 25 26 EXHIBIT 1 COOPERATIVE AGREEMENT NO. C -2 -1640 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 PROJECT SECURE BIKE PARKING SYSTEM THIS AGREEMENT is effective this day of 2012, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Santa Ana, 20 Civic Center Plaza, M -36, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY "), which are sometimes individually referred to as "PARTY ", and collectively referred to as "PARTIES ". RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for engineering and construction of Secure Bike Parking System Project; (hereinafter referred to as "PROJECT'); and WHEREAS, the AUTHORITY through the 2010 Transportation Enhancement Call for Projects (TE) offers an opportunity for local agencies to receive Federal Transit Administration (FTA), Section 5307 funds to be used for construction of transit related transportation enhancement projects including bicycle and pedestrian projects; and WHEREAS, the AUTHORITY is the designated grant recipient for FTA Section 5307 funds; and Page 1 of 12 L:Camm \CLER I DAL\CLER I CAL \WORDP ROCW.GR E E\AG21640 � J 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 AGREEMENT NO. C -2 -1640 WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors approved the 2010 Transportation Enhancement Priority List of Projects; and WHEREAS, on January 10, 2011, the AUTHORITY's Board of Directors, approved an updated priority list of projects for the TE Program; and WHEREAS, on September 26, 2011, the AUTHORITY's Board of Directors, approved providing funding of up to One Hundred Sixty Four Thousand Two Hundred Fifty Dollars ($164,250) or 75% of the total project cost, final cost is determined at bid award, in FTA Section 5307 funds for PROJECT, defined in the CITY's application for TE funds which is hereby incorporated by reference; and WHEREAS, the CITY has agreed to provide non federal funding of up to Fifty Four Thousand Seven Hundred Fifty Dollars ($54,750) or 25% of the total project cost as determined at bid award, as the required local match for a total PROJECT cost of up to Two Hundred Nineteen Thousand Dollars ($219,000); and WHEREAS, CITY and AUTHORITY agree that the maximum funding provided by AUTHORITY shall not exceed One Hundred Sixty Four Thousand Two Hundred Fifty Dollars ($164,250) in FTA Section 5307 funds in accordance with Exhibit A titled "FTA 5307 Funding Plan ", which is attached herein and incorporated by reference; and WHEREAS, the CITY agrees to act as lead Agency for engineering, right -of -way acquisition, construction management and construction of said PROJECT; and WHEREAS, AUTHORITY and CITY agree to enter into this cooperative agreement to enable AUTHORITY to pass along the FTA Section 5307 grant funds received from FTA to CITY, contingent upon funding being approved by FTA; and WHEREAS, this Cooperative Agreement defines the specific terms and conditions, funding and compliance responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES ") for completion of PROJECT; and Page 2 of 12 L: Camm \C LER I CAL\ CLERICAL \WO RDPROC\AG R E E\AG21640.doc 25B -4 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 AGREEMENT NO. C -2 -1640 WHEREAS, on June 22, 2009, July 12, 2010, January 24, 2011 and September 12, 2011, and with pending future Board action related to the annual FTA, Section 5307 Program of Projects, the AUTHORITY's Board of Directors has authorized the AUTHORITY's Chief Executive Officer to file and execute grant related agreements needed to secure and make available the FTA, Section 5307 grant program; and WHEREAS, the CITY's Council approved the Cooperative Agreement on day of 2012. NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and Page 3 of 12 L: Camm \CLERICAL\ CLERICAL \WORDPROCW,GR EE\AG21640. doc 25B -5 AGREEMENT NO. C -2 -1640 1 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 2 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in 3 writing by an authorized representative of CITY by way of a written amendment to this Agreement 4 and issued in accordance with the provisions of this Agreement. s ARTICLE 2. SCOPE OF AGREEMENT 6 This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES 7 as they pertain to the subjects and projects addressed herein. Both AUTHORITY and CITY agree s that each will cooperate and coordinate with the other in all activities covered by this Agreement and 9 any other supplemental agreements that may be required to facilitate purposes thereof. 10 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 11 AUTHORITY agrees to the following responsibilities for PROJECT: 12 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California 13 Association of Governments (SCAG) amend the Federal Transportation Improvement Program (FTIP) 14 to provide up to One Hundred Sixty Four Thousand Two Hundred Fifty Dollars ($164,250) in FTA 15 funding for PROJECT, whereby AUTHORITY's performance under this Agreement is contingent upon 16 SCAG, Caltrans and FHWA approval. 17 B. AUTHORITY, in accordance with Exhibit A and upon request for reimbursement not is more frequently than quarterly in arrears, shall reimburse CITY for 75% of FTA eligible PROJECT 19 expenditures in an amount not to exceed One Hundred Sixty Four Thousand Two Hundred Fifty Dollars 20 ($164,250). 21 C. AUTHORITY shall not be obligated to program any amount beyond what has been 22 identified in this Article. 23 D. AUTHORITY shall process any required FTIP amendments. 24 E. AUTHORITY shall monitor CITY's compliance with the requirements of FTA's 25 Title VI of the Civil Rights Act of 1964, as per Exhibit F titled "Required Federal Clauses," which is 26 herein incorporated by reference and made a part of this Agreement. Page 4 of 12 L: Camm %CLER I CALK LERICAL \WOR DPROCV+G R EE W G21640.dm 25B -6 AGREEMENT NO. C -2 -1640 i F. AUTHORITY shall reimburse CITY within thirty (30) days following receipt of an invoice 2 which is complete, properly prepared, and complies with the requirements of ARTICLE 5 below. 3 G. AUTHORITY shall cancel projects for which the CITY has not awarded a construction 4 contract by June 30th of the fiscal year identified in Exhibit A. s ARTICLE 4. RESPONSIBILITIES OF CITY 6 CITY agrees to the following responsibilities for PROJECT: 7 A. CITY agrees that all funds received pursuant to ARTICLE 3 paragraph A, shall be s used exclusively to construct the PROJECT per the TE Call for Projects TE application and 9 amendments provided by the CITY, approved by the AUTHORITY, and herein incorporated by 10 reference. ii B. CITY will act as the lead AGENCY for the engineering, right -of -way, construction and 12 construction management of the PROJECT. 13 C. CITY is responsible for submitting quarterly reports as specified in Exhibit B titled 14 "FTA 5307 Quarterly Report Form" included in this agreement and incorporated into and made part is of the agreement for the PROJECT due on April 15, August 15, October 15 and January 15 of each 16 year. 17 D. CITY acknowledges that if the construction contract for the construction phase for is PROJECT is not awarded, by June 30 within the fiscal year identified in Exhibit A, the proposed 19 funding will be cancelled by AUTHORITY. 20 E. CITY agrees to provide a minimum of 25% of the final project cost in CITY funds as 21 the required local match. Based on the existing budget, this amount is estimated to be Fifty Four 22 Thousand Seven Hundred Fifty Dollars ($54,750). Actual match will be determined based on 23 construction contract award amount. 24 F. CITY agrees that the overall budget for this PROJECT is not -to- exceed amount of 25 Two Hundred Nineteen Thousand Dollars ($219,000); contingent on approval of FTA Section 5307 26 funds by the FTA. Page 5 of 12 L Camm \CLERICAL\ CLERICAL \WORDPROC\AGREEWG21640.doc 25B -7 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -2 -1640 G. CITY agrees that any cost overruns shall be the responsibility of the CITY. H. CITY agrees that any cost savings in construction will be divided proportionally between FTA Section 5307 and local funding based on proportional funding for construction phase in accordance with Exhibit A. I. CITY is responsible for completing PROJECT as specified in Exhibit A, timely use of funds requirements, and to abide by all TE Call for Projects guidelines, FTA Section 5307 guidelines, Exhibit F and any and all other applicable federal, state or local requirements or laws. CITY shall comply with the sub - recipient monitoring process performed by the Authority and /or the AUTHORITY's designee. J. CITY is required to maintain and provide to the AUTHORITY: a. An annual FTA Compliance Self- Certification; b. Notification to beneficiaries of protection under Title VI; c. Title VI complaint procedure; d. Meaningful access to limited - English persons (LEP), low- income and minority persons. K. CITY agrees to comply with all Federal Transit Administration third party procurement and contracting laws and regulations and to include required federal clauses in all third party contracts, as per Exhibit F. L. CITY agrees to provide to AUTHORITY a thirty (30) days written notice, should CITY decide to cancel or terminate the project for which it is seeking funding under this Agreement. ARTICLE 5. REQUEST FOR REIMBURSEMENT A. CITY shall contribute at least 25% required local contribution of matching funds (other than Federal Funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of PROJECT. B. Not more frequently than quarterly, CITY shall prepare and submit to AUTHORITY an invoice as specified in Exhibit C, titled "Invoice," and supporting documentation as specified in Page 6 of 12 L Camm \CLERICAL\CLERICAL\WO RD PROC\AG R E E\AG21640.doc � �J AGREEMENT NO. C -2 -1640 I Exhibit D, titled "FTA Funding Reimbursement — Required Supporting Documents" included in this 2 Agreement, which is incorporated into and made part of this Agreement. CITY's invoice shall include 3 allowable PROJECT costs incurred and paid for by CITY consistent with the Project's Scope of 4 Work. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify s the accuracy of the included information. Advance payments by AUTHORITY are not allowed. 6 C. The invoice must be submitted on CITY's letterhead. 7 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts s Payable Office. Each invoice shall include the following information: 9 a. Agreement Number C -2 -1640; 10 b. The total of PROJECT expenditures shall specify the percent and amount of >> Federal Funds to be reimbursed which shall not exceed 75% of the total eligible expenditures. 12 C. Support documentation for all expenses invoiced. 13 d. Adequate detail describing all work completed. 14 e. Such other information as requested by AUTHORITY. 15 E. Eligible Project costs are described in the Federal Grant and in the FTA guidelines. 16 F. CITY should consult with AUTHORITY's Project Manager for questions regarding 17 non - reimbursable expenses. is G. Total payments shall not exceed the Funding Amount specified in ARTICLE 3 19 paragraph B above. No invoice will be processed by AUTHORITY after the Federal Grant 20 termination date. 21 H. CITY shall submit final invoice no later than ninety (90) days after final acceptance of 22 project. 23 1. If any amounts paid to CITY are disallowed or not reimbursed by the FTA for any 24 reason, CITY shall remit to AUTHORITY the disallowed or non - reimbursed amount(s) within 30 days 25 from receipt of AUTHORITY's notice. All payments made by AUTHORITY hereunder are subject to 26 the audit provisions contained herein and within the Federal Grant. Page 7 of 12 LCamm\CLER ICAL\ CLERICAL \WORDPROCW GREE\AG21640.doc 25B -9 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C -2 -1640 ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Agreement are delegated to its Director of Public Works, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or designee. ARTICLE 7. AVAILABILITY OF FUNDS This Agreement will allow AUTHORITY to pass along the Federal Funds from the Federal Grant to CITY. The Federal Funds are subject to the terms and conditions of this Agreement, the Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This Agreement neither implies nor obligates any funding commitment by AUTHORITY for the services as specified in Exhibit A. All funds are contingent upon federal appropriation and the FTA's approval of a grant application. If a Letter of No Prejudice is issued by the FTA, CITY shall assume all the risk of spending the Local Match early on in the PROJECT. ARTICLE 8. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of four (4) years after final payment, or until any on- going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and /or be included in construction contracts with CITY's contractor. ARTICLE 9. INDEMNIFICATION A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable Page 8 of 12 L.Camm\ CLERICAL\ CLERICAL \WORDPROC\AGREEW G21640.doc �.� =� , LV 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 AGREEMENT NO. C -2 -1640 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. ARTICLE 10. REQUIRED FEDERAL CLAUSES AND CERTIFICATIONS The CITY is required to adhere to the applicable federal clauses provided in Exhibit F. ARTICLE 11. ADDITIONAL PROVISIONS The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term of Agreement: This Agreement shall continue in full force and effect through project completion and final acceptance by AUTHORITY, or 36 months from the date of construction contract award, whichever is earlier. This Agreement may be extended at the mutual consent of both PARTIES. B. Termination: This agreement is null and void if project is not funded. AUTHORITY shall cancel projects for which CITY has not awarded a construction contract by June 30 of the fiscal year identified in Exhibit A. This Agreement may be terminated by either PARTY after giving thirty (30) days written notice. This Agreement shall not be terminated without mutual agreement of both PARTIES. Page 9 of 12 L: Camm \CL E R I CAL \CLER I CAL \WO RDP ROC W GR E E�AG21640.doc 25B -11 AGREEMENT NO. C -2 -1640 1 C. This Agreement may be amended in writing at any time by the mutual consent of both 2 PARTIES. No amendment shall have any force or effect unless executed in writing by both 3 PARTIES. 4 D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, s statutes, ordinances and regulations of any governmental authority having jurisdiction over the 6 PROJECT. 7 E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to s execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the 9 PARTIES hereto are formally bound to the provisions of this Agreement. 10 F. Severability: If any term, provision, covenant or condition of this Agreement is held to 11 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14 G. Counterparts of Agreement: This Agreement may be executed and delivered in any 11; number of counterparts, each of which, when executed and delivered shall be deemed an original 16 and all of which together shall constitute the same agreement. Facsimile signatures will be 17 permitted. is H. Force Maieure: Either PARTY shall be excused from performing its obligations under 19 this Agreement during the time and to the extent that it is prevented from performing by an 20 unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of 21 God; commandeering of material, products, plants or facilities by the federal, state or local government; 22 national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of 23 such cause is presented to the other PARTY, and provided further that such nonperformance is 24 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not 25 performing. 26 / Page 10 of 12 L Camm\ CLERICAL\ CLERICAL \WORDPROCW.GREE\HG21640.doc 25B -12 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 AGREEMENT NO. C -2 -1640 I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY. M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Agreement are to be directed as follows: To AGENCY: To AUTHORITY: City of Santa Ana, Public Works Agency Orange County Transportation Authority 20 Civic Center Plaza, M -36 550 South Main Street Santa Ana, CA 92702 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Jason Gabriel Attention: Ms. Reem Hashem Principal Civil Engineer Principal Contract Administrator Tel: 714- 647 -5664 714 - 560 -5446 Email: jgabriel @santa - ana.org Email: rhashem @octa.net Cc: Ben Ku, Senior Transportation Funding Analyst Page 11 of 12 L.Camm\ CLERICAL\ CLERICAL \WORDPROC\AGREEW G21640.doc 25B -13 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 AGREEMENT NO. C -2 -1640 N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto. O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All work must be completed no later than 36 months after the construction contract award date. This agreement shall be effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C -2 -1640 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Paul M. Walters City Manager ATTEST: Bv: Maria D. Huizar City Clerk APPROVED AS TO FORM: By: By: Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: Kennard R. Smart, Jr. General Counsel APPROVAL RECOMMENDED: By: Laura Sheedy Kia Mortazavi City Attorney Executive Director, Planning Dated: Attachments: Exhibit A: TE Funding Plan Exhibit B: FTA 5307 QUARTERLY REPORT FORM Exhibit C: Invoice Template Exhibit D: FTA FUNDING REIMBURSEMENT — Required Supported Documents Exhibit E: FTA 5307 OCTA Staff Verification Exhibit F: Required Federal Clauses L. Carrvn\CL ER ICAL \C LER I CAL \WOR DPROC\AG R E E V+G21640.doc Page 12 of 12 25B -14 AGREEMENT NO. C -2 -1640 EXHIBIT A MEXHIBIT A: TE FUNDING PLAN Project Title: Secure Bike Parking System Agency: Santa Ana Date: 10/23/12 Completion Schedule Date Draft Environmental Document Completed Final Environmental Document Completed Begin Design Engineering Completed Plans, Specifications, and Cost Estimates complete Feb. 2013 Start Right-of-Way Acquisition N/A Right-of-Way Certification N/A Ready to Advertise Mar. 2013 Award Construction June 2013 Project Completion (open for use) Jan. 2014 Funding: FTA 5307 $164,250,(75.00%) Local Match $54,750 (25.00%) Total Funding $219,000 Preliminary Engineering ($000's) Fund Source Fiscal Year Original Planned Allocation Percentage of Prelim. Engineering Total City Match — Civic Center Funds FY 2011 -12 $16,425 100.00% City Match — Civic Center Funds 2012 -13 $10,950 5.41% Prelim. Engineering Subtotal 2012 -13 $16,425 100.00% Right- of -Wav ($000's) Fund Source Fiscal Year Original Planned Allocation Percentage of Right - of-Way Total FTA Section 5307 2012 -13 $164,250 81.08% City Match — Civic Center Funds 2012 -13 $10,950 5.41% Right-of-Way Subtotal 2012 -13 $27,375 13.51% Construction ($000'x) Fund Source Fiscal Year Original Planned Allocation Percentage of Construction Total FTA Section 5307 2012 -13 $164,250 81.08% City Match — Civic Center Funds 2012 -13 $10,950 5.41% Measure M Street Construction Fund 2012 -13 $27,375 13.51% Construction Subtotal $202,575 100.00% Name /Title Signature: Phone: Email: Suzi Furianic, AIA, P/L Planner (714) 571 -4241 sfurianic(d)-santa- ana.org 25B -15 Date: 1 AGREEMENT NO. C -2 -1640 EXHIBIT B EXHIBIT B: FTA 5307 QUARTERLY REPORT FORM OCTA Project Title: Agency: Schedule Date: Original Current Completion Completion Date Date Draft Environmental Document Fiscal Year Original Planned Allocation Final Environmental Document Actual Expended Remaining Allocation Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right-of-Way Acquisition Right-of-Way Certification Submit Request for Authorization for Const (E -76) Ready to Advertise Award Construction Project Completion (open for use) Funding Table: Preliminary Engineering $000's) Fund Source Fiscal Year Original Planned Allocation Current Estimates Actual Expended Remaining Allocation Right-of-Way ($000's) Fund Source Fiscal Year Original Planned Allocation Current Estimates Actual Expended Remaining Allocation Construction ($000's) Fund Source Fiscal Year Original Planned Allocation Revised Allocation Actual Expended Remaining Allocation I Major Activities: Status: Issues: Name /Title: Signature: Phone: Email: 25B -17 AGREEMENT NO. C -2 -1640 EXHIBIT B ni OCTA EXHIBIT C: INVOICE TEMPLATE Project Title: Agency: Date: To: Orange County Transportation Authority 550 S Main Street P.O. Box 14184 Orange, CA 92863 -1584 Attn: Adriann Cardoso Invoice Number Invoice Date Contract Number Approved FTA 5307 Actual Local Match AGREEMENT NO. C -2 -1640 EXHIBIT C I hereby certify that the statements provided here are true and correct regarding the Project. 0% The invoice is a true, complete and correct statement of work performed, reimbursable costs and progress; The backup information included with the invoice is true, complete and correct in all material respects. Signed Date * This is a template. Local agencies may develop their own form as long as all the relevant information is present. ee� AGREEMENT NO. C -2 -1640 EXHIBIT D EXHIBIT D: FTA FUNDING REIMBURSEMENT — REQUIRED SUPPORTING DOCUMENTS OCTA project Title: Agency: Required Attachments: Detailed Project Description Invoice Date: Supporting Documentation: Vendor /Contract Invoices Cancelled Checks or Proof of Payment with Payment Date Council Action aproving Contract (First Invoice Only) Cost Estimate Update (First Invoice Only) W.� AGREEMENT NO. C -2 -1640 EXHIBIT E EXHIBIT E: FTA 5307 FINAL PROJECT REPORT FORM Date OCTA Instructions The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of Completion. Page 4, the OCTA Staff Verification will be filled out by OCTA staff. In addition, the agency must attach before (if available) and after photographs of the project site and the address or location of the site under the Location and Scope of work section. Location and Scope of Work Verification of Match (Actual Expenditures) Local Match Phase (ENTER SOURCE ) (ENTER SOURCE ) (ENTER SOURCE FTA 6307 Grant Other OCTA Funding Total Engineering $ - $ - $ - $ - $ - $ - Right-of-Way $ - $ - $ - $ - $ - $ - Construction $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - Project Schedule Phase Proposed Actual Draft Environmental Document Final Environmental Document Begin Design Engineering Plans, Specifications, and Cost Estimates complete Start Right-of-Way Acquisition Right-of-Way Certification Ready to Advertise Award Construction Project Completion (open for use) Match Rate 0% 25B -20 Page 1 AGREEMENT NO. C -2 -1640 EXHIBIT E FTA 5307: Final Cost OCTA Item # Description Unit Quantity Unit Price Amount Page 2 25B -21 AGREEMENT NO. C -2 -1640 EXHIBIT E FTA 5307: FINAL COST OCTA I hereby certify that the statements provided here are true and correct. Proiect Title Yes No NIA 1 The project is designed to city /county and other participating jurisdictions' standards. ❑ ❑ ❑ 2 The project contract was awarded on: I ENTER DATE ❑ ❑ ❑ 3 The total cost of the contract is equal to or less than the total FTA 5307 ❑ ❑ ❑ funds awarded and matching funds provided. The city /county provided matching funds to the project. ❑ ❑ ❑ Right -of -way was acquired in conformance with city /county procedures. ❑ ❑ ❑ All required environmental documentation is complete and certified. ❑ ❑ ❑ updated project schedule is included with the final invoice. ❑ ❑ ❑ final invoice is attached with all the necessary documentation. ❑ ❑ ❑ Name Title JPublic Works Director Signature Date 25B -22 Page 3 AGREEMENT NO. C -2 -1640 EXHIBIT E niFTA 5307: OCTA Staff Verification OCTA OCTA STAFF USE ONLY Orange County Transportation Authority staff has inspected the project site and certifies that the project is complete and ready for use. Proiect Title Name Title Signature Date 25B -23 Page 4 REQUIRED FEDERAL CLAUSES DEFINITIONS AGREEMENT NO. C -2 -1640 EXHIBIT F The Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY ") ., (hereinafter referred to as "CITY "). The following provisions apply to all agreements regardless of its value: ARTICLE 1. FEDERAL CHANGES CITY shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement between the AUTHORITY and FTA, as they may be amended or promulgated from time to time during this Agreement. CITY's failure to comply shall constitute a material breach of contract. ARTICLE 2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES AUTHORITY and CITY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the AUTHORITY, CITY, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from the underlying Agreement. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS A. CITY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement, CITY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement of the FTA assisted project for which this Agreement's work is being performed. CITY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties of the Program Fraud Civil Remedies Act of 1986 on the CITY to the extent the Federal Government deems appropriate. B. CITY also acknowledges that if it makes, or causes to be made, a false, fictitious, or Orange County Transportation Authority Revised: 1012512010 25B -24 AGREEMENT NO. C -2 -1640 fraudulent claim, statement, submission, or certification to the Federal Government under an agreement connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the CITY, to the extent the Federal Government deems appropriate. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 4. CIVIL RIGHTS ASSURANCE During the performance of this Agreement, CITY, for itself, its assignees and successors in interest agree as follows: A. Compliance with Regulations: CITY shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination: CITY, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CITY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CITY for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CITY of the CITY's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: CITY shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the AUTHORITY to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CITY is in the exclusive possession of another who fails or refuses to furnish this information the CITY shall so certify to the AUTHORITY as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the CITY's noncompliance with nondiscrimination provisions of this Agreement, the AUTHORITY shall impose Agreement sanctions as it may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CITY under the Agreement until the CITY complies; and /or 2. Cancellation, termination, or suspension of the Agreement, in whole or in part. F. Title VI of the Civil Rights Act. In determining the types of property or services to acquire, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of Orange County Transportation Authority 2 Revised: 1012512010 25B -25 AGREEMENT NO. C -2 -1640 1: W1.11:11111111 A Transportation— Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702.1, "Title VI and Title VI- Dependent Guidelines for FTA Recipients," 05- 13 -07, provides FTA guidance and instructions for implementing DOT's Title VI regulations. G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities, as well as imposes specific requirements on public and private providers of transportation. H. Incorporation of Provisions: CITY shall include the provisions of paragraphs (A) through (H) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CITY shall take such action with respect to any subcontract or procurement as the AUTHORITY may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a CITY becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CITY may request the AUTHORITY to enter into such litigation to protect the interests of the AUTHORITY, and, in addition, the CITY may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 5. DISADVANTAGED BUSINESS ENTERPRISES A. In accordance with federal financial assistance agreements with the U.S. Department of Transportation (U.S. DOT), the Orange County Transportation Authority (AUTHORITY) has adopted a Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs ". The project is subject to these stipulated regulations. In order to ensure that the Authority achieves its overall DBE Program goals and objectives, the Authority encourages the participation of DBEs as defined in 49 CFR 26 in the performance of contracts financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these Regulations, it is also the policy of the Authority to: 1. Fulfill the spirit and intent of the Federal DBE Program regulations published under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have equitable access to participate in all of Authority's DOT - assisted contracting opportunities. 2. Ensure that DBEs can fairly compete for and perform on all DOT - assisted contracts and subcontracts. 3. Ensure non - discrimination in the award and administration of AUTHORITY's DOT - assisted contracts. 4. Create a level playing field on which DBEs can compete fairly for DOT - assisted contracts. 5. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs. 6. Help remove barriers to the participation of DBEs in DOT - assisted contracts. 7. Assist in the development of firms that can compete successfully in the marketplace outside the DBE Program. B. CITY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Any terms used in this section that are defined in 49 CFR Part 26, or elsewhere in the Regulations, shall have the meaning set forth in the Regulations. In the event of any conflicts or inconsistencies between the Regulations and the Authority's DBE Program with respect to DOT - assisted contracts, the Regulations shall prevail. Orange County Transportation Authority 3 Revised: 1012512010 I AGREEMENT NO. C -2 -1640 EXHIBIT F C. AUTHORITY's New Race - Neutral DBE Policy Implementation Directives: Pursuant to recently released Race - Neutral DBE policy directives issued by the U.S. DOT in response to the Ninth Circuit U.S. Court of Appeals decision in Western States Paving Co. v. Washington State Department of Transportation, the Authority has implemented a wholly Race - Neutral DBE Program. A Race - Neutral DBE Program is one that, while benefiting DBEs, is not solely focused on DBE firms. Therefore, under a Race - Neutral DBE Program, AUTHORITY does not establish numeric race - conscious DBE participation goals on its DOT - assisted contracts. CITY shall not be required to achieve a specific level of DBE participation as a condition of contract compliance in the performance of this DOT - assisted contract. However, CITY shall adhere to race - neutral DBE participation commitment(s) made at the time of contract award. D. Definitions: The following definitions apply to the terms as used in these provisions: 1. "Disadvantaged Business Enterprise (DBE)" means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly -owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2. "Small Business Concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $19.57 million over the previous three fiscal years. 3. "Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans, or Asian - Indian Americans, women and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act, or by the Authority pursuant to 49 CFR part 26.65. Members of the following groups are presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian- Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; e. "Asian- Indian Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh; and f. Women, regardless of ethnicity or race. 4. "Owned and Controlled" means a business: (a) which is at least 51 percent owned by one or more "Socially and Economically Disadvantaged Individuals" or, in the case of a publicly -owned business, at least 51 percent of the stock of which is owned by one or more Orange County Transportation Authority 4 Revised- 25B -27 AGREEMENT NO. C -2 -1640 EXHIBIT F "Socially and Economically Disadvantaged Individuals "; and (b) whose management and daily business operations are controlled by one or more such individuals. 5. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the CITY. 6. "Regular Dealer" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and in its own name, the purchase and sale of the product in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock if it owns or operates distribution equipment. 7. "Other Socially and Economically Disadvantaged Individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who, on a case -by -case basis, are determined by Small Business Administration or AUTHORITY to meet the social and economic disadvantage criteria described below. a. Social Disadvantage: The individual's social disadvantage must stem from his /her color, national origin, gender, physical handicap, long -term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual's control. i. The individual must demonstrate that he /she has personally suffered social disadvantage. ii. The individual's social disadvantage must be rooted in treatment, which he /she has experienced in American society, not in other countries. iii The individual's social disadvantage must be chronic, longstanding and substantial, not fleeting or insignificant. iv. The individual's social disadvantage must have negatively affected his /her entry into and /or advancement in the business world. v. A determination of social disadvantage must be made before proceeding to make a determination of economic disadvantage. b. Economic Disadvantage i. The individual's ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area that are not socially disadvantaged. ii. The following criteria will be considered when determining the degree of diminished credit and capital opportunities of a person claiming social and economic disadvantage: With respect to the individual: • availability of financing • bonding capability • availability of outside equity capital • available markets With respect to the individual and the business concern: • personal and business assets • personal and business net worth • personal and business income and profits E. Race - Neutral DBE Submission and Ongoing Reporting Requirements (Post - Award). Orange County Transportation Authority Revised_ 1012512010 AGREEMENT NO. C -2 -1640 EXHIBIT F CITY shall complete and submit the following DBE exhibits (forms) at the times specified: "Monthly Race - Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103). If CITY is a DBE firm and /or has proposed to utilize DBE firms, CITY will be required to complete and submit a Form 103 to AUTHORITY by the 10th of each month until completion of the contract to facilitate reporting of race - neutral DBE participation, following the first month of contract activity. CITY shall report the total dollar value paid to DBEs for the applicable reporting period. CITY shall also report the DBE's scope of work and the total subcontract value of commitment for each DBE reported. CITY is advised not to report the participation of DBEs toward CITY's race - neutral DBE attainment until the amount being counted has been paid to the DBE. Upon completion of the contract, CITY will be required to prepare and submit to the Authority a "Race - Neutral DBE Subcontractors Paid Report Summary and Payment Verification" (Form 103) clearly marked "Final" to facilitate reporting and capturing actual DBE race - neutral attainments. CITY shall complete and submit a Final Form 103 whether or not DBEs were utilized in the performance of the contract. F. DBE Eligibility and Commercially Useful Function Standards: A DBE must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act and relevant regulations promulgated pursuant thereto. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, CITY of material or supplies, or as a trucking company. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. A DBE must perform a commercially useful function in accordance with 49 CFR 26.55 (i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work). A DBE should perform at least thirty percent (30 %) of the total cost of its contract with its own workforce to presume it is performing a commercially useful function. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: The CUCP web site, which can be accessed at http: / /www.californiaucp.com; or the Caltrans "Civil Rights" web site at http: / /www.dot.ca.gov /hq /bep. The CUCP DBE Directory, which may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815; Telephone: (916) 445 -3520. G. DBE Crediting Provisions: When a DBE is proposed to participate in the contract, either as a prime CITY or Subcontractor, only the value of the work proposed to be performed by the DBE with its own forces may be counted towards race - neutral DBE participation. If CITY is a DBE joint venture participant, only the DBE proportionate interest in the joint venture shall be counted. If a DBE intends to subcontract part of the work of its subcontract to a lower tier Subcontractor, the value of the subcontracted work may be counted toward race - neutral DBE participation only if the DBE Subcontractor is a certified DBE and actually performs the work with their own forces. Services subcontracted to a non -DBE firm may not be credited toward the prime Contractor's race - neutral DBE attainment. CITY is to calculate and credit participation by eligible DBE CITYs of equipment, materials, and suppliers toward race - neutral DBE attainment, as follows: Sixty percent (60 %) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a regular dealer; or One hundred percent (100 %) of expenditure(s) for equipment, materials and supplies required under the Contract, obtained from a DBE manufacturer. The following types of fees or commissions paid to DBE Subcontractors, Brokers, and Packagers may be credited toward the prime CITY's race - neutral DBE attainment, Orange County Transportation Authority 6 Revised. 1012512010 0 1 AGREEMENT NO. C -2 -1640 EXHIBIT F provided that the fee or commission is reasonable, and not excessive, as compared with fees or commissions customarily allowed for similar work, including: Fees and commissions charged for providing bona fide professional or technical services, or procurement of essential personnel, facilities, equipment, materials, or supplies required in the performance of the Contract; Fees charged for delivery of material and supplies (excluding the cost of materials or supplies themselves) when the licensed hauler, trucker, or delivery service is not also the manufacturer of, or a regular dealer in, the material and supplies; Fees and commissions charged for providing any insurance specifically required in the performance of the Contract. CITY may count the participation of DBE trucking companies toward race - neutral DBE attainment, as follows: The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the Contract. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. The DBE may lease trucks from another DBE firm, including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. For purposes of this paragraph, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. If CITY listed a non - certified DBE 1St tier subcontractor to perform work on this contract, and the non - certified DBE subcontractor subcontracts a part of its work or purchases materials and /or supplies from a lower tier DBE certified Subcontractor or CITY, the value of work performed by the lower tier DBE firm's own forces can be counted toward race - neutral DBE participation on the contract. H. Performance of DBE Subcontractors: DBE subcontractors listed by CITY in its "DBE Race - Neutral Participation Listing" (Exhibit D -2) submitted at the time of proposal submittal shall perform the work and supply the materials for which they are listed, unless the CITY has received prior written authorization from the Authority to perform the work with other forces or to obtain the materials from other sources. CITY shall provide written notification to the AUTHORITY in a timely manner of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. I. Additional DBE Subcontractors: In the event CITY identifies additional DBE subcontractors or suppliers not previously identified by CITY for race - neutral DBE participation under the contract, CITY shall notify the Authority by submitting "Request for Additional DBE Firm" to enable CITY to capture all race - neutral DBE participation. CITY shall also submit, for each DBE identified after contract execution, a written confirmation from the DBE acknowledging that it is participating in the contract for a specified value, including the corresponding scope of work (a subcontract agreement can serve in lieu of the written confirmation). J. DBE Certification Status: If a listed DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify CITY in writing with the date of decertification. If a non -DBE subcontractor becomes a certified DBE during the life of the Orange County Transportation Authority 7 Revised. 10/25/2010 W= 1C AGREEMENT NO. C -2 -1640 project, the DBE subcontractor shall notify CITY in writing with the date of certification. CITY shall furnish the written documentation to AUTHORITY in a timely manner. K. CITY's Assurance Clause Regarding Non - Discrimination: In compliance with State and Federal anti - discrimination laws, CITY shall affirm that they will not exclude or discriminate on the basis of race, color, national origin, or sex in consideration of contract award opportunities. Further, CITY shall affirm that they will consider, and utilize subcontractors and CITYs, in a manner consistent with non - discrimination objectives. ARTICLE 6. ACCESS TO RECORDS AND REPORTS CITY shall provide AUTHORITY, the U.S. Department of Transportation (DOT), the Comptroller General of the United States, or other agents of AUTHORITY, such access to CITY's accounting books, records, payroll documents and facilities of the CITY which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. CITY shall maintain such books, records; data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by AUTHORITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also extend to all first -tier subcontractors identified in this Agreement. CITY shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. ARTICLE 7. INCORPORATION OF FTA TERMS All contractual provisions required by Department of Transportation (DOT), whether or not expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular 4220.1 F, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. CITY shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause AUTHORITY to be in violation of the FTA terms and conditions. ARTICLE 8. ENERGY CONSERVATION REQUIREMENTS CITY shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy Conservation Act. ARTICLE 9. FLY AMERICA REQUIREMENTS CITY agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that Orange County Transportation Authority 8 Revised: 10/25/2010 25B -31 AGREEMENT NO. C -2 -1640 EXHIBIT F recipients and sub - recipient of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government - financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. CITY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation. ARTICLE 10. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN VESSEL A. CITY shall utilize privately owned United States -flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States - flag commercial vessels. B. CITY shall furnish within twenty (20) working days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipping originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of lading in English for each shipment of cargo described in paragraph A of this Article to AUTHORITY (through the CITY's prime CONTRACTOR in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, marked with appropriate identification of the project. ARTICLE 11. PROHIBITED INTERESTS A. CITY covenants that, for the term of this Agreement, no director, member, officer or employee of AUTHORITY during his /her tenure in office or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. B. No member of or delegate to, the Congress of the United States shall have any interest, direct or indirect, in this Agreement or to the benefits thereof. B. Failure to comply with this Article may result in nonpayment or termination of this Agreement. ARTICLE 12. PRIVACY ACT CITY shall comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §552a. Among other things, CITY agrees to obtain the express consent of the Federal Government before the CITY or its employees operate a system of records on behalf of the Federal Government. CITY understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying Orange County Transportation Authority 9 Revised. 10/25/2010 I o L AGREEMENT NO. C -2 -1640 EXHIBIT F Agreement. ARTICLE 13. CONFLICT OF INTEREST CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest means that due to other activities, relationships or contracts, the CITY is unable, or potentially unable to render impartial assistance or advice to the Authority; CITY's objectivity in performing the work identified in the Scope of Work is or might be otherwise impaired; or the CITY has an unfair competitive advantage. CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. All disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this Agreement. ARTICLE 14. CODE OF CONDUCT CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third Party contracts which is hereby referenced and by this reference is incorporated herein. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 15. PROTEST PROCEDURES The Authority has on file a set of written protest procedures applicable to this solicitation that may be obtained by contacting the Contract Administrator /Buyer responsible for this procurement. Any protest filed by the CITY in connection with this solicitation must be submitted in accordance with the Authority's written procedures. The following additional provisions apply to all agreements over $10,000 ARTICLE 16. TERMINATION A. AUTHORITY may terminate this Agreement for its convenience at any time, in whole or part, by giving CITY written notice thereof. Upon termination, AUTHORITY shall pay CITY its allowable costs incurred to date of that portion terminated. Said termination shall be construed in accordance with the provisions of CFR Title 48, Chapter 1, Part 49, of the Federal Acquisition Regulation (FAR) and specific subparts and other provisions thereof applicable to termination for convenience. If AUTHORITY sees fit to terminate this Agreement for convenience, said notice shall be given to CITY in accordance with the provisions of the FAR referenced above. Upon receipt of said notification, CITY agrees to comply with all applicable provisions of the FAR pertaining to termination for convenience. B. AUTHORITY may terminate this Agreement for CITY's default if a federal or state Orange County Transportation Authority 10 Revised: 10/25/2010 = 141, AGREEMENT NO. C -2 -1640 EXHIBIT F proceeding for the relief of debtors is undertaken by or against CITY, or if CITY makes an assignment for the benefit of creditors, or for cause if CITY fails to perform in accordance with the scope of work or breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by AUTHORITY. CITY shall be liable for any and all reasonable costs incurred by AUTHORITY as a result of such default or breach including, but not limited to, reprocurement costs of the same or similar services defaulted by CITY under this Agreement. Such termination shall comply with CFR Title 48, Chapter 1, Part 49, of the FAR. ARTICLE 17. RECYCLED PRODUCTS CITY shall comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in subpart B of 40 CFR Part 247. CITY agrees to include this requirement in all of its subcontracts. The following additional provisions apply to all agreements over $25,000 ARTICLE 18. DEBARMENT & SUSPENSION: CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS - PRIMARY PARTICIPANT AND LOWER -TIER PARTICIPANTS Unless otherwise permitted by law, any person or firm that is debarred, suspended, or voluntarily excluded, as defined in the Federal Transit Administration (FTA) Circular 2015.1, dated April 28, 1989, may not take part in any federally funded transaction, either as a participant or a principal, during the period of debarment, suspension, or voluntary exclusion. Accordingly, the Authority, acting on behalf of the District, may not enter into any transaction with such debarred, suspended, or voluntarily excluded persons or firms during such period. A certification process has been established by 49 CFR Part 29, as a means to ensure that debarred suspended or voluntarily excluded persons or firms do not participate in Federally assisted projects. The inability to provide the required certification will not necessarily result in denial of participation in a covered transaction. A person or firm that is unable to provide a positive certification as required by this solicitation must submit a complete explanation attached to the certification. FTA will consider the certification and any accompanying explanation in determining whether or not to provide assistance for the project. Failure to furnish a certification or an explanation may disqualify that person or firm from participating in the project. The following additional provisions apply to all agreements over $100 000: ARTICLE 19. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a Orange County Transportation Authority 11 Revised: 1012512010 25B -34 AGREEMENT NO. C -2 -1640 I* 1:11 =1It6� question of fact arising under this Agreement which is not disposed of by supplemental agreement shall be decided by AUTHORITY's Director, Contracts Administration and Materials Management (CAMM), who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to CITY. The decision of the Director, CAMM, shall be final and conclusive. B. The provisions of this Article shall not be pleaded in any suit involving a question of fact arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged, provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, CITY shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. C. Pending final decision of a dispute hereunder, CITY shall proceed diligently with the performance of this Agreement and in accordance with the decision of AUTHORITY's Director, CAMM. This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final the decision of any AUTHORITY official or representative on a question of law, which questions shall be settled in accordance with the laws of the state of California. ARTICLE 20. CLEAN WATER REQUIREMENTS CITY shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CITY shall report each violation to AUTHORITY and understands and agrees that the AUTHORITY who will in turn, report each violation as required to assure notification to FTA and appropriate EPA Regional Office. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 21. CLEAN AIR CONTRACTORS shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. CITY shall report each violation to AUTHORITY, who will in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. CITY agrees to include this requirement in all of its subcontracts. ARTICLE 22. LOBBYING CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying ". Each tier certifies to the above that it will not or has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any City, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with Orange County Transportation Authority 12 Revised: 10/25/2010 25B -35 AGREEMENT NO. C -2 -1640 EXHIBIT F respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ARTICLE 23. BUY AMERICA A. CONTRACTOR is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this Project shall occur in the United States; with the exception that pig iron and processed, pellitized and reduced iron ore manufactured outside of the United States may be used in domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. B. A Certificate of Compliance, conforming to the provisions of this Article shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions listed herein. C. The requirements imposed by law and regulations do not prevent a minimal use of foreign steel and iron materials of the total combined cost of the materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. CONTRACTOR shall furnish the CITY acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials in the work. Orange County Transportation Authority 13 Revised: 1012512010 EXHIBIT 2 SANTA ANA PROJECT 12—X()= , ACENA WITH oA FOR FrA P W A � SEECTo W07FUNC*iG FOR 6;p6m,pe, a EMW BC P AW" SYSTEM nnnnnRFCA Exhibit.dqn 11/8/2012 8:29:19 PACE 1 ' SECURE BIKE PARKING SYSTEMS Q Proposed Facility Locations J 4-1 ' O Civic Center Location O B Downtown Location O Z :3 J Santa Ana Regional TON AV Transportation Center Logq� a Ix W 0 U French Park D CIVIC CEI ITER O H ST rk AN O 4TH ST rk 1 ST ST ST ST 1ST C ESTNUT AV F CHESTNUT V EXHIBIT 2 SANTA ANA PROJECT 12—X()= , ACENA WITH oA FOR FrA P W A � SEECTo W07FUNC*iG FOR 6;p6m,pe, a EMW BC P AW" SYSTEM nnnnnRFCA Exhibit.dqn 11/8/2012 8:29:19 PACE 1 �r = �:� EXHIBIT 3 CITY OF SANTA ANA PUBLIC WORKS AGENCY TITLE VI PLAN December 2012 25B -39 CITY OF SANTA ANA - PUBLIC WORKS AGENCY TITLE VI PLAN Index ITEM........................................................................................................................ ............................... PAGE Noticeto the Public ........................................................................................................ ............................... 1 ComplaintProcedures .................................................................................................... ............................... 2 ComplaintForm ....................................................................... ............................... List of Transit - Related Title VI investigations, complaints and lawsuits ................. Public Participation Plan .......................................................... ............................... Limited English Proficiency Plan .............................................. ............................... Environmental and Transportation Advisory Committee ........ ............................... W - C .... ............................... 4 .... ............................... 7 .... ............................... 8 ......................... 12 ......................... 18 T tin" o NOTICE TO PUBLIC CITY OF SANTA ANA RIGHTS UNDER TITLE VI The City of Santa Ana gives public notice of its policy to assure full compliance with Title VI of the Civil Rights Acts of 1964 and related regulations. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." For additional information on the City of Santa Ana's nondiscrimination obligations, please contact the City's Equal Opportunity Officer by mail, telephone or email using the information below: Equal Opportunity Officer Ms. Anita Queen City of Santa Ana 20 Civic Center Plaza, M -24 Santa Ana, CA 92701 (714) 647 -5157 aqueen @santa- ana.org If you believe you have been excluded from participation in, been denied the benefits of, or been subjected to discrimination under this City of Santa Ana program, you may file an official Title VI complaint with the Equal Opportunity Officer. We encourage you to make your complaint in writing. A complaint must be filed within 180 days after the date of the alleged discrimination. The Title VI Complaint Procedures and Complaint Form can be obtained by calling the number above: • Title VI Complaint Procedures • Title VI Complaint Form Si se necesita la informaci6n en espanol, favor de Ilamar a Mary Kelley, telefono (714) 647 -5347. t, xin lien lac Tiffany Nguyen to (714) 647 -5368. If information is needed in another language, please contact Ms. Queen at (714) 647 -5157 *(This Notice is posted on the City's Website, on all City break room bulletin boards, and at the City of Santa Ana W /O /R /K Center) 1 2513-41 COMA CITY OF SANTA ANA - PUBLIC WORKS AGENCY TITLE VI COMPLAINT PROCEDURES Any person who believes that she or he has been discriminated against on the basis of race, color, or national origin by the City of Santa Ana, Public Works Agency, may file a Title VI complaint with the Equal Opportunity Officer. The following steps describe the procedures to file a complaint and how the City of Santa Ana will respond. 1. The complaint must be submitted to the Equal Opportunity Officer no later than 180 days after the date of the alleged discrimination. 2. A Title VI Complaint Form can be obtained by calling (714) 647 -5157 or by downloading the form from our website at www.santa- ana.org. Please provide the following information on the complaint form or you may submit a signed written statement that contains all of the following written information. • Your name, address and how to contact you (phone number, email address, etc.). • The basis of the alleged discrimination complaint (race, color, or national origin). • How, why, when and where you believe you were excluded from participation in, were denied the benefits of, or were subjected to discrimination. • Include the location, names and contact information of any witnesses. • Indicate whether you have filed the complaint with the Federal Transit Administration. • You must sign your letter of complaint. If you as the Complainant are unable to write a complaint, the Equal Opportunity Officer will assist you with the complaint. The City of Santa Ana is committed to providing open access to its services to persons with limited ability to speak or understand English; if 2 A I City of Santa - Public Works Agency Title VI Complaint Procedures requested by the complainant, the Equal Opportunity Officer will provide language translation services. 3. The complaint shall be sent to the following address: Equal Opportunity Officer Ms. Anita Queen City of Santa Ana 20 Civic Center Plaza, M -24 Santa Ana, CA 92701 (714) 647 -5157 agueen @santa- ana.org 4. Once the complaint is received, the Equal Opportunity Officer will review it to determine if our office has jurisdiction. The Complainant will receive an acknowledgement letter informing her /him whether the complaint will be investigated by our office. 5. All complaints will be investigated promptly. Reasonable measures will be undertaken to preserve any information that is confidential. The Equal Opportunity Officer will review every complaint, and when necessary, begin the investigation process. 6. Upon completion of the investigation, the Equal Opportunity Officer will complete a final report. The investigation process and final report should take no longer than ninety (90) days after receipt of the complaint. If a Title VI violation is found to exist, a Determination letter will be issued which summarizes the allegations and the interviews regarding the alleged incident, and explains the remedial steps as appropriate and necessary to be taken immediately. If no Title VI violation was found, Complainant will receive a closure letter which summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. 7. If the Complainant wishes to appeal the decision, she or he has 30 days after the date of the letter to do so. Complainant may contact the Federal Transit Administration, Regional Civil Rights Officer, 201 Mission Street, Suite 650, San Francisco, CA 94105- 1839, (415) 744 -2729, Fax - (415) 744 -2726. 8. A person may also file a Title IV complaint, no later than 180 days after the date of the alleged discrimination, directly to the Federal Transit Administration, Office of Civil Rights, 1200 New Jersey Avenue., SE, Washington, DC 20590. 3 W- a [all f & 9I *1_ I ► Y i _ V _ 1.1 _l I tit IWAS101 T1 12WARI111 MOT.I � Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Title VI guarantees fair treatment for all people and provides for the City of Santa Ana, to identify and address, as appropriate, disproportionately high and adverse effects of its programs, policies, and activities on minority and low- income populations, such as undertaking reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to the programs, services, and information the City of Santa Ana provides. SECTION I Name Mailing Address Telephone Numbers (Home) _ Electronic Mail (Email) Address Are there any accessible format needs? ( ) Large Print ( ) CD /Audio Tape ( ) TDD ( ) Other (Mobile) SECTION II Are you filing this complaint on your own behalf? Yes* No *If you answered "yes" to this question, go to Section lll. If not, please supply the name and relationship of the person for who you are complaining: Please explain why you have filed for a third party: 4 25B -44 CITY OF SANTA ANA TITLE VI COMPLAINT FORM Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party. Yes No SECTION III List type of discrimination you experienced: (please check all that apply): Race ( ) Color ( ) National Origin ( ) Other Please indicate your race /color, if it is a basis of your complaint Please describe your national origin, if it is a basis of your complaint Location where alleged discrimination occurred Time and date of alleged discrimination Name /Position title of the person who allegedly subjected you to Title VI discrimination: Please explain as clearly as possible what happened, why you believe it happened and how you were discriminated against. You should include specific details and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint. (Use a separate sheet if necessary) Please list below any persons, witnesses, if known, whom we may contact for additional information to support or clarify your complaint (Name, Address and Telephone Number): SECTION IV Have you previously filed a Title VI complaint with this agency? Yes No Have you filed this complaint with any other Federal, State, or local agency, or with any Federal of State court? Yes No Federal Agency: Date: Federal Court: Date: State Agency: Date: State Court: Date: Local Agency: Date: 5 25B -45 CITY OF SANTA ANA TITLE VI COMPLAINT FORM SECTION V What remedy are you seeking for the alleged discrimination? How did you learn that you could file this complaint? SECTION VI You may attach any written materials or other information that you think is relevant to your complaint. YOUR SIGNATURE AND TODAY'S DATE ARE REQUIRED BELOW: Signature Date Please submit this completed form in person, or mail the form to: Anita Queen, Title VI - Equal Opportunity Officer, City of Santa Ana, 20 Civic Plaza, M -24, 5th floor, Santa Ana, CA 92701. Please make a copy for your records. JULY 2012 T W M , CITY OF SANTA ANA TITLE VI LIST OF TRANSIT - RELATED INVESTIGATIONS, COMPLAINTS, AND LAWSUITS The City of Santa Ana currently does not have any investigations, complaints or lawsuits with regards to Civil Rights Violations. Decem ber2012 25B -47 CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN PURPOSE The City of Santa Ana's Public Participation Plan is organized to work in concert with the Title VI Plan and the Limited English Proficiency Plan. The purpose of the Public Participation Plan is to establish procedures that allow for, encourage, and monitor participation of all citizens living and working in the City, and users of public transportation. Special attention will be paid to soliciting input from low- income and minority communities that are traditionally underrepresented. A survey tool will be developed to seek information about personal transportation and the most effective channels of communication for the City to engage the citizenry. The survey tool will be used to solicit input for the Public Participation Plan. The survey will be posted on the City of Santa Ana website, and distributed at neighborhood and community meetings. Cognizant of individuals with limited English Proficiency, the survey will be developed at a fourth grade reading level and translated into both Spanish and Vietnamese. GOAS AND OBJECTIVES The City's public involvement plan has a single comprehensive goal: to allow the public opportunities throughout the planning process to influence decisions. In order to meet this goal, the City has established the following objectives: 1. Identify the most appropriate methods for reaching the public. 2. Determine what non - English languages and other cultural barriers exist to public participation within the Santa Ana area. 3. Hold meetings in locations which are accessible and reasonably welcoming to all area residents, including but not limited to, low- income and minority members of the public. 4. Keep the public informed through effective channels of communication and allow input from those not likely to attend meetings. 5. Work to actively involve the public in programs, policy- making and projects. 6. Ensure that the City's public involvement plan is dynamic and responsive. 7. Use various illustrative visualization techniques to convey the information including but not limited to charts, graphs, photos, maps and the internet. 8 •o CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN IDENTIFICATION OF STAKEHOLDERS Stakeholders are those who are either directly, or indirectly, affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan's recommendation (s), are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low- income persons, public agencies, and private organization and businesses. General Citizens: There are 324,538 residents in the Santa Ana area (U.S. Census, 2010). Around 78.2 percent are persons of Hispanic or Latino origin. 46 percent of the population consider themselves to be White; 10.5 percent reported as Asian; 1.5 percent is Black persons; and 1 percent is American Indian and Alaska Native persons. 82 percent indicated they spoke a language other than English at home. Low - income: Low - income households (below poverty level) account for 18% of all households in Santa Ana and should be given every reasonable opportunity to provide input on transportation plans and programs. Public Agencies: Public agencies can provide valuable input to the planning process, in addition to assisting in gaining attention from traditionally under - represented populations. Private Organizations and Businesses: Private organizations and businesses offer a number of perspectives that are valuable to the planning process. Often, transportation for employees is of critical concern to private sector employees. For that reason, representation of private business interests will be welcomed in the planning process. OUTREACH TECHNIQUES Engaging minority and Limited English Proficiency populations can be challenging. Below is a list of outreach techniques that the City will use to actively solicit public input in the planning process of a project. Newsletters: Quarterly newsletters will be available in both print and e- formats. Newsletters provide the public and local government partners with progress updates on projects and programs. These newsletters will provide a frequent channel of communication with the public and allow the public to stay informed. Website: A well organized and engaging website is the cornerstone of the City's communication strategy. The website will offer a user - friendly structure and linguistic style understandable to lay people interested in projects and the planning process. In addition, the website will be developed N CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN following the guidelines of Section 508 of the Rehabilitation Act, so that it is able to accommodate disabled users. Social Media: The City will utilize common social media forums (Facebook, Twitter, Nixle, etc.) to disseminate project information. Public Notices: The City will include notations in public notices in appropriate non - English languages that will provide a contact where the individual can be informed of the process /project, and will have an opportunity to give input. Public Meetings & Focus Groups: The City will host public meetings and focus groups to discuss topics /projects of interest with the public. When hosting public meetings, the City will provide adequate notice to the public and follow all federally prescribed guidelines regarding public comment periods. The City will make a good faith effort to notify the public, such as posting in work places. At meetings, the City will utilize visualization aides, such as power - points and maps to assist the public in understanding the situation. PERFORMANCE METHODS On an annual basis, the City will undertake an internal review of its public participation plan's effectiveness of engaging the public, by examining criteria, such as: • Records public meetings, • Records of responses to citizen email, and • Input from the general public PUBLIC PARTICIPATION PLAN (PPP) Availability of this plan for review will be advertised in a manner reasonably expected to reach the general public, as well as minority populations, low- income persons, and traditionally under - served populations. This could occur through contacts mentioned earlier in this document, notification of contacts are available in English, Spanish and Vietnamese languages. For project information, please contact: Public Works Agency Suzi Furjanic 20 Civic Center Plaza — M36 City Hall —Ross Annex Santa Ana, CA 92807 (714) 571 -4241 sfurianic @santa- ana.or� 10 CITY OF SANTA ANA TITLE VI - PUBLIC PARTICIPATION PLAN For PPP information, please contact: Personnel Services Department Anita Queen 20 Civic Center Plaza — M24 Santa Ana, CA 92807 (714) 647 -5157 aqueen @santa- ana.org September 2012 11 25B -51 w. CITY OF SANTA ANA Limited English Proficiency (LEP) Plan TITLE VI I. PURPOSE To establish guidance for the City of Santa Ana to provide timely and reasonable language assistance to Limited English Proficiency (LEP) persons who come in contact with the City. This plan is established pursuant to and in accordance with Title IV of the Civil Rights Act of 1964 and its implementing regulations and Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency ". Title IV of the Civil Rights Act of 1964 requires that "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Executive Order 13166 was adopted to ...improve access to federally conducted and federally assisted programs and activities for persons who as a result of national origin, are limited in their English proficiency... This plan reiterates the City of Santa Ana's position that it will provide the language assistance necessary for meaningful participation in its programs and services to persons who, as a result of national origin, are limited in English proficiency. 11. REFERENCES • Federal Register, Volume 68, Number 103, Civil Rights Center; Enforcement of Title VI of the Civil Rights Act of 1964; Policy Guidance to Federal Financial Assistance Recipients Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons: Notice (May 29, 2003) • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000) • Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 26 -02, Publication of Revised Guidance Regarding the Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (May 29, 2003) 12 25B -52 City of Santa Ana Limited English Proficiency (LEP) Plan July 2012 III. BACKGROUND Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and its implementing regulations provide that no person shall be subjected to discrimination on the basis of race, color, or national origin under any program or activity that receives federal financial assistance. In order to avoid discrimination against LEP persons on the grounds of national origin, we must take reasonable steps to ensure that such persons have meaningful access to the programs, services, and information. Language barriers prohibit LEP persons from obtaining services and information relating to a variety of services and programs because they may not be able to read instructions or correspondence written in English and may not understand verbal information. Many times, they are not aware of regulatory requirements and legal implications of the services they seek. When LEP persons receive legal documents, they often do not understand the contents of the correspondence and its implication to their daily lives. LEP persons may not be able to take advantage of services, which could affect their job and social opportunities. When individuals do not understand or read English, they can be hampered in seeking employment opportunities. IV. GOALS It is essential that City staff be informed about their diverse clientele from a linguistic, cultural and social perspective. These individuals will be culturally competent so they can encourage vulnerable LEP minority populations to access and receive appropriate services with more knowledge and confidence. The key to providing meaningful access to LEP persons is to ensure that LEP persons can communicate effectively and act appropriately based on that communication. Minimum reasonable measures would be to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in programs or activities. Spanish and Vietnamese are the two most requested languages for interpreters in the City of Santa Ana. City staff will make designated publications available in languages other than English and provide interpretation /translation services to persons who are not proficient in English. The City will take reasonable steps to ensure that LEP persons are given adequate information, are able to understand that information, and are able to participate effectively in recipient programs or activities, where appropriate. 13 25B -53 City of Santa Ana Limited English Proficiency (LEP) Plan July 2012 V. PLANNING — DEVELOPING A LANGUAGE ASSISTANCE PROGRAM (LAP) A. Identification of LEP Persons City staff will use the following methods to identify LEP persons: • Examine records to see if requests for language assistance have been received in the past, either at meetings or from referrals to determine whether language assistance might be needed for future events or literature. • Provide language identification forms which invite LEP persons to identify their language needs to our staff members. Records will be maintained for a 3 -year period. B. Language Assistance Measures Staff can accomplish several language assistance measures to assist LEP persons, including the following: • Translate an inventory of existing materials in a variety of languages based on demographics, including Spanish and Vietnamese. • Regularly review and update these materials. • Assure LEP persons have access to staff that are trained and competent in the skill of interpreting /translation. • Contract with an outside interpreter service for trained and competent interpreters, as needed. • Arrange for the services of voluntary community interpreters who are trained and competent in the skill of interpreting. • Arrange for the use of a telephone language interpreter service. • Establish a linkage between minority community -based organizations for assistance in cultural understanding and interpretation services. • Post and maintain signs in waiting rooms, reception areas and other initial points of entry in languages other than English. In order to be effective, these signs should inform applicants and beneficiaries of their right to free language assistance services and invite them to identify themselves as persons needing such services. • Translate application forms and instructional, informational, and other written materials into appropriate non - English languages by competent translators. • For LEP persons where written documents do not exist in their language, assistance should be provided from an interpreter /translator to explain the contents of documents. • Efforts for assistance to low- frequency, unusual or unexpected languages may include, but are not limited to, using a telephone language line, and locating and 14 25B -54 City of Santa Ana Limited English Proficiency (LEP) Plan July 2012 temporarily employing a qualified interpreter who can communicate in the appropriate language. • Notices and information that are generally available to the public will be made available to identified LEP populations. • Establish uniform procedures for timely and effective telephone communication between staff and LEP persons. This will include instructions for English -only- speaking employees to obtain assistance from interpreters or bilingual staff when receiving calls from or initiating calls to LEP persons. • Statements about the services available and the right to free language assistance services, in appropriate non- English languages, will be included in brochures, booklets, outreach and recruitment information and other materials that are routinely disseminated to the public. • Ensure that translated materials provide referrals to telephone numbers or websites that are linguistically accessible (e.g., a flyer in Vietnamese should refer the caller to a hotline with Vietnamese - speaking workers). C. Training Training for front -line staff members, who are often the first points of contact with LEP individuals, is provided by City Personnel. Staff training includes: • Identifying and tracking language preference information of LEP persons; • Delivering services effectively to LEP persons; • Assuring staff sensitivity to the literacy level of LEP persons; • Describing LEP services offered to the public; • Procuring interpreter services; • Identifying and documenting language needs of LEP persons; • Processing a Title VI /LEP complaint; • Familiarity with Disability Awareness, Ethics, Civil Rights and Conflict Management issues. This LEP plan will be distributed to all staff assigned at public counters. D. Providing Notice to LEP Persons Notice of language assistance services will be accomplished as follows: • Signs to be posted in the entry areas regarding the availability of services and that they are free of charge. • Website, documents, and brochures will be offered or printed in alternative languages and will include that, language services are available and are free of charge. 15 25B -55 I� City of Santa Ana Limited English Proficiency (LEP) Plan July 2012 • Staff will inform LEP persons that language assistance is available and is free of charge. VI. MONITORING AND UPDATING THE LEP In July of each year, a Personnel Services representative will review the effectiveness of the LEP Plan. The evaluation will include identification of any problem areas and development of required corrective action strategies. Elements of the evaluation may include: • Identification of the number of LEP persons requesting interpreters /translators; • Review of up -to -date community and demographic information; • Determination of whether interpretation /translation services have been effective; • Assessment of current language needs to determine if additional services or translated materials should be provided; • Assessment whether staff members adequately understand LEP guidelines and procedures and how to carry them out; • Gathering feedback from LEP communities in the service areas of the City, such as schools, faith - communities, and other resources. VII. DEFINITIONS Limited - English- Proficient Persons: Individuals with a primary or home language other than English who must, due to limited fluency in English, communicate in that primary or home language if the individuals are to have an equal opportunity to participate effectively in or benefit from any aid, service or benefit provided by Santa Ana Workforce Investment Board. Linguistically Isolated: This term is defined in the Census as the percentage of the persons in households in which no one over the age of 14 speaks English well, and is used as a direct measure of those persons with a severe language barrier, as distinct from those of foreign origin who speak English well. Low Frequency and Unusual or Unexpected Languages: An individual with limited English skills who does not speak a language spoken by a "significant number or proportion of the population ". Qualified Interpreter: Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially, either for individuals with disabilities or for individuals with limited English skills. The interpreter should be able to interpret both receptively and expressively, using any necessary specialized vocabulary. 16 I W. I City of Santa Ana Limited English Proficiency (LEP) Plan July 2012 Non - English Language Relay Service: A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a communications assistant who is fluent in that language. The City's LEP Plan and Title VI Complaint Procedure are available on the City of Santa Ana's website @ www.santa- ana.org. Any person or agency may request a copy of the LEP Plan via telephone, fax, mail, or in person and shall be provided a copy of the Plan at no cost. Questions or comments about the LEP Plan may be submitted to the Equal Opportunity Officer, City of Santa Ana, Personnel Services Department, 20 Civic Center Plaza, M -24, Santa Ana, CA 92701, (714) 647 -5157, Fax — (714) 647 -6930 or aqueen @santa - ana.org. 17 25B -57 6 CITY OF SANTA ANA - PUBLIC WORKS AGENCY ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE The Public Works Agency is the liaison agency for the Environmental and Transportation Advisory Committee (ETAC), who act as an advisory body to the City Council in reviewing Environmental Issues which include water resources, recycling, trash collection and urban forestry, and transportation issues such as traffic lights, transportation systems, traffic circulation, medians, speed humps, and neighborhood traffic protection plans. ETAC is comprised of ten members: seven regular members, one Santa Ana Chamber of Commerce Representative, one Hispanic Chamber of Commerce of Orange County representative, and one student representative. Members must be a qualified elector of the City of Santa Ana and cannot be a treasurer of a Political Action Commission. The two Chamber representatives are nominated by the respective Chamber of Commerce and are appointed by the City Council. Member Representing Demographic Info City Council Ward #2 City Council Ward #4 Hispanic Chamber of Commerce of Orange County City Council Ward #5 vacant City Council Ward #1 City Council Ward #3 vacant City Council Ward #6 vacant Mayor of Santa Ana vacant Santa Ana Chamber of Commerce City of Santa Ana / Public Works Agency Executive Director City of Santa Ana / Public Works Agency Executive Secretary City of Santa Ana / City Attorney's Office Assistant City Attorney vacant Student Representative 18 •, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AMENDMENT AGREEMENT WITH SANTA ❑ As Recommended ANA UNIFIED SCHOOL DISTRICT FOR El Amended El O Or rdinance on 1St Reading REIMBURSEMENT OF CONSTRUCTION ❑ Ordinance on 2nd Reading COST AT WILLARD INTERMEDIATE PARK ❑ Implementing Resolution ❑ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with the Santa Ana Unified School District for the reimbursement of construction costs for Willard Intermediate School park improvements. DISCUSSION On October 11, 2011, the City Council approved a reimbursement agreement with the Santa Ana Unified School District ( SAUSD) for the design and construction of Willard Intermediate Park. The agreement expires on December 31, 2012. The development plans are currently being processed through the Department of State Architects. The SAUSD anticipates Phase I (synthetic turf field, running track, concrete walks and sports lighting conduits) to be under construction between February 2013 and July 2013. Phase 2 (park restroom, tot lot play area and sports /security lights) is scheduled to be under construction by March 2013 and completed in the beginning of 2014. Funding for this project is being provided by Proposition 84 "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act grant, in amount of $4.4 million. A two -year extension of the reimbursement agreement is being requested to allow time for project completion and funding reimbursement from the State of California. FISCAL IMPACT There is no fiscal impact associated with this action. EJ lGerardo Mouet, Executive Director Parks, Rec. and C m. Svcs. Agency 25C -1 25C -2 AMENDMENT TO AGREEMENT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR WILLARD INTERMEDIATE SCHOOL INCORPORATING PROP. 84 GRANT REQUIREMENTS This Amendment to Agreement ( "Amendment ") is made this 3`d day of December, 2012, by and between the City of Santa Ana, a charter city and municipal corporation ( "City"), and the Santa Ana Unified School District ( "District "), a public school district (collectively, "Parties"; individually "Party"). Recitals A. The Parties entered into Agreement A -2011- 232, dated October 11, 2011, (hereinafter "said Agreement ") by which the Parties agreed that District will design and construct sports and recreation facilities, including an all weather running track, synthetic turf sports field, sports field lighting, restroom, exercise / play area, fencing and landscaping, and renovation of the existing basketball courts, (hereinafter, "Facilities ") which will be jointly utilized by District and City for the benefit of City residents; and B. Pursuant to said Agreement, the Parties agreed that City shall reimburse District for the design and construction costs of the Facilities, in accordance with requirements of California Proposition 84, the Statewide Park Development and Community Revitalization Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ( "Prop. 84 "); and C. The Facilities plans are currently being processed through the Department of State Architects; and D. The Parties anticipate construction of Phase I (Synthetic Turf Field, running track, concrete walk and sports lighting conduits) between February 2013 and July 2013, and Phase 2 (Park Restroom, Tot Lot Play area and Sports /Security Light) to construction commencing March 2013 and completion in early 2014; and E. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term to allow for the completion of design and construction of the Facilities, and reimbursement of costs pursuant to the guidelines provided by Prop. 84. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 4.a., Term /Termination, shall be deleted in its entirety and replaced with the following: "This Agreement shall begin on October 11, 2011 and terminate on December 31, 2014. Except as indicated herein, neither Party may terminate this Agreement. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. Dated: By: Print Name: Print Title: Attest: By: Print Name Print Title: City of Santa Ana Paul M. Walters City Manager Maria D. Huizar Clerk of the Council Approved as to Form 20 By: Print Name: Sonia R. Carvalho, City Attorney Print Title: By Laura Sheedy_ Assistant City Attorney 25C -4 Santa Ana Unified School District Dated: By: Print Name Print Title: Dated: By: Print Name: Print Title: 20 Joe Dixon Assistant Superintendent, Facilities & Governmental Relations 20 Michael P. Bishop, Sr. Associate Superintendent, Business Services Approved as to Form By: Print Name: Print Title: Philip J. Henderson Attorney, Orbach Huff & Suarez REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: AGREEMENT WITH ABLE BUILDING MAINTENANCE COMPANY FOR JANITORIAL MAINTENANCE SERVICES 1 :fi ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the council to execute the attached amendment to the agreement with Able Building Maintenance Company for police and jail facility janitorial services in an amount not to exceed $185,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 7, 2008, Council approved the three -year agreement, with two additional one -year renewal options with Able Building Maintenance Company to provide police and jail facility janitorial services. The Santa Ana Police Department wishes to amend said agreement for an additional six month period to provide enough time to prepare a new Request for Proposal for such services. This recommended action will allow for continuous service to the Santa Ana Police Department during this time. FINANCIAL IMPACT Funds are available in the Police Department's Building & Facilities Division fund (account no. 01114403- 62300). j l Carlos Rojas- Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25D -1 25D -2 FOURTH AMENDMENT TO CUSTODIAL SERVICES AGREEMENT This FOURTH AMENDMENT TO AGREEMENT is entered into this day of December 2012, by and between Able Building Maintenance Company, a California corporation ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2008 -006 dated January 7, 2008, (hereinafter "said Agreement ") by which Contractor has provided janitorial services for the Santa Ana Police Department and Detention Facilities for a three year term with the option for two additional one year term extensions. B. On April 6, 2009, the parties entered into the First Amendment of the Agreement #2008- 006-01 which extended the term of the Agreement for one year until December 1, 2010 and decreased the number of janitors provided under the contract by one janitor per shift starting March 15, 2009. The First Amendment also increased the annual compensation to an amount not to exceed $363,000 for services provided during the extended term. C. On January 5, 2011, the parties entered into the Second Amendment of the Agreement #A- 2011 -017 which extended the term of the Agreement for one year until December 1, 2011 and increased the compensation to an amount not to exceed $356,236.84 for services provided during the extended term. D. On March 20, 2012, the parties entered into the Third Amendment of the Agreement #A- 2012 -009 which extended the term of the Agreement for one year until December 1, 2012 and increased the compensation to $370,000 for services provided during the extended term. The Third Amendment also amended the scope of the Agreement to reduce 3.5 hours of nightly service effective May 1, 2012. E. In accordance with the intent of the parties and the terms and conditions of said Agreement, the parties wish to extend the term for an additional six month period and to increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 2a, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $185,000 to pay for services during the extended term, at the rates and charges identified in "Exhibit A" to this Fourth Amendment. 25D -3 2. Section 3, TERM, shall be extended for an additional six month period to May 1, 2013. Services provided by Contractor since December 1, 2012, shall be included within the Scope of Services of this Agreement. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager ABLE BUILDING MAINTENANCE CO (Name) (Title) 25D -4 EXHIBIT A 25D -5 To K -53001/V iliac, .! tFU: ` iv _,_..-t a n,na r A 92 7C.'A Dear Mr. Laugenour On behalf of Able Building Maintenance I would like to state, that we would like to continue our current contract with the Santa Ana Police dept. for janitorial services. We agree to the 6 month extension at the current pricing of ($30,829.12) and staffing will remain the same. We are very interested in keeping our long standing relationship with SAPD. Best regards, Scott Sutherland Regional Manager/ Able REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: AGREEMENT WITH DAKTRONICS, INC. FOR MAINTENANCE OF THE SANTA ANA STADIUM SCOREBOARD AND MARQUEE � , �f[� MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 agreement with Daktronics, Inc. for the maintenance of the Santa Ana Stadium scoreboard and marquee, for a five year period in the amount of $31,590, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In September 2006, the City of Santa Ana and Daktronics Inc. entered into a five -year agreement for service of new scoreboard and marquee equipment at the Santa Ana Stadium. The equipment includes a multi -sport scoreboard, one 8'8 "x11' ProStar display, one 2'11 "x25' Galaxy RGB display, and one 4`9 "x12' GalaxyPro marquee at the corner of Flower Street and Civic Center Drive. This equipment has significantly enhanced the spectator experience at the Stadium. Daktronics has performed well during the first five years of on -call site services and maintenance, and repairs has been very satisfactory. Daktronics staff is very responsive, professional, and knowledgeable of the equipment. This agreement is for a five -year period in the amount of $26,590. A $5,000 contingency will be added to the agreement for training, for a total not to exceed agreement amount of $31,590. FISCAL IMPACT Funds for this agreement are available in the PRCSA Administrative Services Other Contract Services account (no. 01113200 62300). Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -1 25E -2 MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of December, 2012 by and between Daktronics, Inc., (hereinafter "Contractor "), and the City of Santa Ana (hereinafter "City"). RECITALS A. Pursuant to Agreement A- 2006 -255, dated September 6, 2006, Contractor installed and has maintained an electronic scoreboard/marquee at the Santa Ana Stadium. B. The City desires to retain Contractor to continue to maintain the scoreboard/marquee. C. Contractor represents that it is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Contractor shall provide maintenance and repair services for the marquee /scoreboard at the Santa Ana Stadium, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, attached hereto and incorporated by reference. The total sum to be expended under this agreement shall not exceed $26,590 plus a $5,000 contingency for training. The total amount to be expended under this Agreement shall not exceed $31,590. b. Payment by City shall be made within thirty (30) days following execution of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2017, unless earlier terminated as set forth in Section 11 below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25E—:r e 1 of 12 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor'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. Contractor shall supply City with a fully executed additional insured endorsement which shall (a) name the City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if it has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. section: d. The following requirements apply to the insurance to be provided by Contractor pursuant to this (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. INDEMNIFICATION Contractor 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 direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright 0 Daktronics, Inc. DF -2939 Rev113011 25E-4 e 2 of 12 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copy to: Parks, Recreation and Community Services Agency City of Santa Ana 26 Civic Center Plaza Santa Ana, California 92702 Fax 714- 571 -4211 To Contractor: Daktronics, Inc. 201 Daktronics Drive BROOKINGS, SD 57006 Phone: 800 - 325 -8766 Daktronics Contact: Teresa Brown 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. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25E-5r e 3 of 12 Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 11. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 2 5 E R 4 of 12 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney i Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager RECOMMENDED FOR APPROVAL: CONTRACTOR GERARDO MOUET Executive Director -PRCSA Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 (NAME) (Title) 25E- 7e5of12 EXHIBIT A EXTENDED SERVICE AGREEMENT Revised DAKTRONICS. INC. ( "Daktronics ") 201 Daktronics Drive BROOKINGS, SD 57006 Phone: 800 - 325 -8766 Daktronics Contact: Teresa Brown Purchaser: City of Santa Ana Address: 20 Civic Center Plaza PO Box 1988 City, State, Zip: Santa Ana, CA 92702 -1988 Province /Country: United States Phone: 714 - 571 -4252 Fax: Contact: Hiram Uribe Email: huribe @santa - ana.org For Internal Use Only Bill to Loc #: Bill to :........................................... ............................... Customer ID: 155374 Loc: 001 Pipeline No.: 443096 Purchaser hereby agrees to purchase the services, peripherals and additional supplies (collectively, the "Services "), subject to this Extended Service Agreement, the Terms and Conditions of Extended Service, and any and all applicable Attachments (collectively, the "Agreement" or the "Contract Documents "), which documents Purchaser has reviewed and agrees to accept. Term (Duration) of the Agreement: Commencement Date: 18 August 2012 Expiration Date: See Attachment B Order No.: E13750 -1 Original Job No.: C13750 End user: Santa Ana Stadium Santa Ana, CA Customer ID: 155374 Loc: 002 Description of Services Provided: Price: See Attachment A Enhanced Services See Attachment B Equipment List See Attachment A Exceptions: Identification /advertising panels are excluded. Payment Terms: Due before commencement Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 2 5 E .qF�e 6 of 12 All notices required herein shall be given to Purchaser at the address indicated above on this Agreement unless otherwise specified below: Notice / Communication Address: Address: 26 Civic Center Plaza City, State, Zip: Santa Ana, CA 92702 Province /Country: USA Phone: 714 - 571 -4218 Cell: Fax: 714 - 571 -4211 Attention: Robert Carroll Email: rcarroll@santa- ana.ore All invoices will be forwarded to Purchaser at the address indicated on page one (1) of this Agreement unless otherwise specified below: Billing Address: Purchaser hereby confirms that the Services are to be delivered at the address indicated on page one (1) of this Agreement unless otherwise specified below: Site Address: Company: City of Santa Ana Company: Santa Ana Stadium Address: 26 Civic Center Plaza Address: 602 N Flower St City, State, Zip: Santa Ana, CA 92703 City, State, Zip: Santa Ana, CA 92702 Province /Country: United States Province /Country: USA Phone: Fax: Phone: 714- 571 -4252 Fax: 714 - 5714211 Contact: Contact: Hiram Uribe Email: E -mail: huribe@santa- ana.ore ACCEPTANCE: In witness hereof, the parties hereto have executed this agreement by and through their duly authorized officers. PURCHASER: City of Santa Ana, Parks, Recreation and Community Services Agency By: Signature DAKTRONICS, INC. By: Signature N -ame /Title: Gerardo Mouet, Executive Director Date: Print or Type Name /Title: Print or Type Date: This form is an important part of your coverage. Please sign and return the entire agreement to Daktronics, Inc. Once the signed agreement is entered into our system, you will receive a copy for your records. Offer expires 60 days from proposal date. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 2559 Equipment List Equipment FB -1630 Football Display w /TNMC AF- 3400 - 16x144 Galaxy Display PS- 23s- 112x144 ProStar Display AF- 3700 - 64x176 Galaxy Display V -Link 4000 Video Processor ATTACHMENT A Qty *Venus 7000 Controller 1 All Sport 5100 Control Console 2 *The parties acknowledge and agree that the indicated equipment is nearing or has exceeded its expected life. As such, some of the components may be unavailable or certain service issues may require a total replacement of this equipment. In the event a service issue regarding this equipment arises, the equipment will be checked. To the extent the failed component of the equipment can be exchanged for a refurbished item or repaired, the costs of the exchange or repairs are included in this Agreement. To the extent that the failed component cannot be exchanged or repaired, the replacement equipment is not included in this agreement. The determination of whether the equipment or any part or portion can be exchanged or repaired shall be at Daktronics reasonable discretion. Nothing herein shall be construed as requiring Daktronics to specially engineer, order, manufacture or otherwise incur costs to procure replacement components for this equipment. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25&U Enhanced Service Portfolio Scope of Services 1. Daktronics Parts Coverage which includes: 1.1. Daktronics Expedited Parts Processing: includes replacement parts, repair and return parts and exchange parts. See Estimated Processing Times for Service Parts (DD #1428254) for estimated lead and delivery times. 1.2. Shipping of repaired or replaced failed electronic components to and from Daktronics. 2. Technical Phone Support: 2.1. General phone support hours 24/7/365. 2.2. Remote assisted technical support.' 3. Account Services: Access to Daktronics Service Coordination 24/7/365. 4. On -Site Field Services: On -site response between 24 -48 hours of notification. 5. Costs of access to the display /equipment. 6. One Annual System Check to include display and control system checks and display filter change when applicable. 7. On -Site Parts Inventory Management, including inventory control. Enhanced Service Portfolio shall not include nor be construed to include any service or support that is not expressly stated above in the definition of the Enhanced Service Portfolio. Examples of services that are not within the scope of standard service include, but are not limited to, the following: 1. Remote monitoring services. 2. Camera calibration. 3. Display washing. Above listed exclusions are available as billable services. Quotes may be provided upon request. Purchaser Responsibilities The items listed below are the responsibility of the Purchaser. 1. Purchaser is responsible for routine operator functions such as content creation or management and all configuration, set -up, and operation for events /usage. 2. Purchaser is responsible for providing a secure internet connection. 3. Purchaser is responsible for the maintenance items listed below; failure to properly maintain equipment may, at Daktronics' sole discretion, relieve Daktronics of its responsibilities under the Terms and Conditions of Extended Service attached hereto. 3.1. Throughout the term of this Agreement, Purchaser shall maintain site conditions within the common environmental range of all system devices as specified by Daktronics. 3.2. Purchaser is responsible for routine, preventative maintenance functions of the external cooling systems (including but not limited to filters, fans, air conditioning) for displays. 1 Available with internet connection. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25E9.421 ATTACHMENT B Unless otherwise agreed below, payment for the Service Agreement must be paid in full before the commencement date. Service Package: Please initial and check your selection: ❑ One Year Enhanced Services: $5,910 Expiration Date: 17 August 2013 ❑ Three Year Enhanced Services: $16,305 Pricing reflects an 8% lump sum discount. Expiration Date: 17 August 2015 ✓ ❑ Five Year Enhanced Services: $26,590 Pricing reflects a 10% lump sum discount. Expiration Date: 17 August 2017 (note: The amount will not exceed $24,900 Per Teresa Brown, Account Manager from Daktronics,lnc.) Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25E*112 Terms and Conditions of Extended Service 1. Scope of Extended Service Agreement. The scope of the Extended Service Agreement covers the Equipment and includes those services defined on Attachment A (excluding maintenance services which are the responsibility of Purchaser as defined on Attachment A or services which may be purchased for an additional fee) (the "Services "). Response Times are defined on Attachment A. 2. Contract Documents. The parties agree that any subsequently- issued Purchaser form, such as a purchase order, shall incorporate the terms and conditions of this Agreement. The provisions of this Agreement shall control in the event of any conflicting provision in Purchaser's form. 3. Commencement Date. The Services shall begin upon the date stated as the "Commencement Date" on the cover page of this Agreement. 4. Conditions Precedent. Daktronics reserves the right to suspend its performance in the event Purchaser fails to: (a) make payment as required, (b) maintain the Equipment within the recommended environmental conditions, including but not limited to appropriate ventilation /air conditioning for its location (Air conditioning systems must be maintained according to manufacturer's specifications), or (c) perform any other obligation. 5. Payment. Purchaser agrees to pay Daktronics according to the Payment Schedule. Unless otherwise stated, the price is exclusive of federal, state and local taxes, including without limitation sales, use, excise, privilege, or transactional taxes, but excluding Daktronics' income tax ( "Tax "). Purchaser shall promptly pay upon demand such applicable Tax. Purchaser must present a valid exemption certificate if it claims any exemption from Tax. Late payments shall accrue interest at the rate of 1.5% per month. 6. Spare Parts Package. In the event the Equipment was purchased with a spare parts package, the parties acknowledge and agree that the spare parts package is designed to exhaust over the life of the Equipment and, as such, the replenishment of the package is not included in the scope of this Extended Services Agreement. 7. Limitations of Coverage. This Agreement does not cover (a) service due to: (i) inadequate or improper power, (ii) improper care, maintenance, storage or use of the Equipment, (iii) a Force Majeure Event, (iv) environmental conditions outside the Equipment's technical specifications (including, without limitation excessive temperatures, corrosives, and metallic pollutants), or (v) incorporation of accessories, attachments, or other devices not furnished by Daktronics; (b) the provision of replacement communication methods (such as wire, fiber optic cable, conduit, trenching or other solutions) for the purpose of overcoming local site interference; (c) LED degradation occurring within Daktronics technical specifications (degradation means the LED continues to emit light, but at some lesser level of brightness); .(d) paint or refinishing the Equipment or furnishing material for this purpose; (e) pixel failure less than a total of .5% of the overall display, or in the case of free form elements, one entire element; (f) electrical work external to the Equipment; (g) batteries; or (h) metallic or fiber optic data cable. 8. Actions that Void the Service Agreement. Daktronics shall be under no obligation to continue service under this Agreement if the Equipment is: (a) moved from its location of initial installation or reinstalled without the prior written approval of Daktronics (unless the equipment was designed by Daktronics to be mobile), or (b) improperly repaired or altered in a manner inconsistent with the Equipment manufacturer's standards or recommendations. 9. Service Providers. Daktronics may select the parties delivering services under this Agreement at its reasonable discretion. 10. Access to the Equipment. The Purchaser shall provide unfettered, solid, safe and unrestricted access to the Equipment, taking into account environmental or site conditions. Unless otherwise specified on Attachment A, the Purchaser shall be required to provide any lifts or access equipment. Additional equipment or personnel required for safety, as determined by Daktronics in its reasonable discretion, shall be billed separately on a time and material basis. 11. Adverse Conditions. In no event shall Daktronics be obliged to perform Services under this Agreement during the existence of Adverse Conditions. "Adverse Conditions" include without limitation, the following: severe inclement weather, hazardous site conditions including infestations of animals or dangerous insects, saturated ground conditions, or residence or occupation by unauthorized personnel. The determination of a site condition as an Adverse Condition shall be at the reasonable discretion of Daktronics. Inaccessibility due to Adverse Conditions will exempt a location from coverage under this Agreement until such time as the Equipment becomes safely accessible once again. 12. Cooperation. Purchaser shall fully cooperate with Daktronics in connection with the service of the Equipment. The Purchaser shall promptly notify Daktronics of Equipment failure. Waiver of liability or other restrictions shall not be imposed as a requirement prior to accessing the site. 13. Return Items. All items returned to Daktronics must have a Return Material Authorization (RMA) number. For exchange items, the number is included with the shipment of the exchange unit. For repair items, an RMA number can be obtained by phone (800- 325 - 8766), (International +1- 605 - 697 - 4000), fax (605- 697 -4444) unless otherwise directed by Daktronics. Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 A Copyright © Daktronics, Inc. DF -2939 Rev113011 25E413 14. Shipping. When returning parts to Daktronics for repair or replacement, Purchaser assumes all risk of loss or damage, agrees to use any shipping containers, which might be provided by Daktronics, and agrees to ship the Equipment in the manner prescribed by Daktronics. Daktronics assumes all risk of loss or damage during return shipment to Purchaser. 15. Confidentiality. To the extent permitted by law, Purchaser shall consider all information furnished by Daktronics, including the terms and conditions of this Agreement, to be confidential and shall not disclose any such information to any other person, or use such information itself for any purpose other than fulfillment of this Agreement unless Purchaser first obtains written permission from Daktronics to do so. Purchaser shall provide confidential information only to those of its agents, servants and employees who have been informed of the requirements of this paragraph and have agreed to be bound by them. The provisions of this paragraph shall survive termination of the Agreement. 16. Default. Daktronics reserves the right to terminate this agreement and accelerate all amounts due and payable if: (a) Purchaser fails to make payment to Daktronics within ten days of the agreed payment dates, (b) Purchaser otherwise fails to comply with any material provision of this Agreement, or (c) any proceeding is filed by or against Purchaser in bankruptcy. Daktronics reserves all its rights (both legal and equitable) under the agreement, applicable statutes, and the common law. If Purchaser fails to perform any covenant or obligation under this Agreement or any other agreement that Purchaser has with Daktronics, including without limitation the failure to pay when due any amounts owed to Daktronics, Daktronics shall be excused from the performance of any of its obligations under this Agreement and any other agreement it has with the Purchaser. Purchaser shall be liable for any and all costs and expenses (including reasonable attorney's fees) incurred by Daktronics in enforcing any provision of this Agreement. 17. Indemnity. Daktronics shall indemnify, defend and hold harmless the Purchaser and their respective subsidiaries, officers, directors, shareholders, partners, employees, agents, insurers, successors and assigns from any third -party claims for liability, losses, damages, costs or expenses (collectively, "Losses ") arising out of: (i) any material breach of this Agreement by Daktronics; (ii) any negligent act or omission by Daktronics or its personnel, agents, subcontractors, or others engaged by Daktronics or under Daktronics' control related to the execution of this Agreement; (iii) any claim against any indemnified party by reason of or alleging any unauthorized or infringing use by an indemnified party of any patent, process, trade secret, copyright, trademark, or other intellectual property right regarding the Equipment or the Software and its components; or, (iv) any fine or assessment with respect to any violation or alleged violation of any Applicable Laws regarding safety or health. The Purchaser shall indemnify, defend and hold harmless Daktronics and its subsidiaries, officers, directors, shareholders, partners, representatives, employees, agents, insurers, successors and assigns of each of the foregoing from any and all Losses arising out of or in any way related to: (i) any material breach of this Agreement by the Purchaser; or (ii) any negligent act or omission by the Purchaser or its personnel, agents, subcontractors, or others engaged by the Purchaser or under their control (other than Daktronics or its personnel, agents, subcontractors, or others engaged by Daktronics or under Daktronics' control), (iii) any unauthorized or infringing use by an indemnified party of any patent, process, trade secret, copyright, trademark, or other intellectual property right. 18. Limitation of Liability. The parties agree that in no event whatsoever shall the liability of either party exceed the amount of the purchase price. It is agreed that in no event shall either party be liable for special, incidental, consequential or indirect damages, regardless of cause. Purchaser understands and agrees that the prices granted herein would be higher in the absence of this limitation of liability. Daktronics shall have no liability with respect to claims relating to or arising from Purchaser's use of third -party products and services. 19. Force Majeure. Both parties shall be excused from any liability under this Agreement for any delay in performance or failure to perform which delay or failure to perform is caused by circumstances which are beyond the reasonable control of that party, including without limitation acts of God, natural disaster, fire, flood, labor or material shortages, war, vermin, earthquakes, tsunami, acts of terrorism, etc. (a "Force Majeure Event "). 20. Assignment. Unless otherwise stated, this Agreement may not be assigned by either party without the prior written consent of the other party. 21. Miscellaneous. This Agreement shall be governed by the laws of the state where the Services are provided without regard to its conflict of law principles. This Agreement is the product of negotiations between the parties hereto represented by counsel and any rules of construction relating to interpretation against the drafter of an agreement shall not apply to this Agreement and are expressly waived. This Agreement represents the entire agreement of the parties and supersedes any previous understanding or agreement. This Agreement may not be amended or altered in any manner except in a writing signed by both parties. This Agreement may be executed in counterparts. The Purchaser and Daktronics are not partners or joint venturers. If any part of this Agreement is in any manner held to be invalid, illegal, void, or to be in conflict with any law, then the validity of the remaining portions or provisions of this Agreement shall not be affected, and such part, term, paragraph or provision shall be construed and enforced in a manner designed to effectuate the intent expressed in this Agreement to the maximum extent permitted by law Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750 -1 Copyright © Daktronics, Inc. DF -2939 Rev113011 25EA14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012 -24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY — AUSTRAILIAN SWIM SCHOOL, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012 -24 as conditioned. PLANNING COMMISSION ACTION On November 13, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012 -24 as conditioned by a vote of 5:0 (Acosta absent) to allow an indoor sports facility at 1404 South Village Way, located in the Light Industrial (M -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning & Building Agency VF:rb vt\reports \CUP 12 -24 Australian Swim School 1404 Village.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 13, 2012 TITLE: PUBLIC HEARING — FILED BY DIANE BAINBRIDGE FOR CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO __4f:!ExA cutnre Director Planning Man #r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012 -24 as conditioned. DISCUSSION Request of the Applicant Ms. Diane Bainbridge of the Australian Swim School is requesting approval of a conditional use permit to allow an indoor sports facility at 1404 South Village Way. Specifically, the applicant is requesting approval per Section 41- 472.5(s) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for an indoor sports facility such as a swim school in the Light Industrial (M1) zoning district. Prolect Location and Site Description The subject property is a 17 acre, irregularly shaped parcel of land located on Village Way just south of East McFadden Avenue and south of the southbound entrance to the Newport-Costa Mesa (SR -55) Freeway. Nine buildings, consisting of approximately 275,536 square feet, are located on the site. The subject building (Building H) is approximately 39,812 square feet in size and is located at the northwest section of the site. The buildings are occupied by a combination of retail and industrial uses. A total of 807 parking spaces are currently located on the site. The site is surrounded by industrial uses to the north and west, the Santa Ana Auto Mall to the south and the Newport-Costa Mesa (SR -55) Freeway to the east (Exhibits 1 and 2). EXHIBIT A lkii_I_� Conditional Use Permit No. 2012 -24 November 13, 2012 Page 2 Proiect Descriintion The applicant is proposing to occupy a 6,373 square foot tenant space within an existing retail building with the Australian Swim School. Several improvements are proposed to be made to accommodate the proposed use. An existing warehouse roll -up door on the building exterior will be removed and replaced with a glass storefront. Further, a four -foot deep swimming pool will be installed, new changing rooms will be constructed and new restrooms will be provided. Minimal site improvements, such as enhanced parking lot lighting and upgrades to the building's handicap accessibility to comply with State and Federal disability act guidelines will be made. Finally, new signs will be installed to identify the proposed use (Exhibits 3, 4 and 5). The hours of operation will be from 8:00 a.m. to 8:00 p.m., Monday through Friday, and from 8:00 a.m. to 3:00 p.m. on weekends. The sessions will primarily be 1/2 hour group swim lessons with three to five students per group. During any time period, a maximum of eight sessions may be operating per half hour. The bulk of the lessons are offered between 4:00 p.m. and 8:00 p.m. during the week and all day on the weekends. During the less busy morning hours, lap swimming or small specialty classes may be offered. The facility will not be open for public and /or recreational swimming. Project Background The Australian Swim School, which was established 35 years ago, is proposing to open a fifth swim school. The swim school was started in response to an increase in accidental backyard drownings of young children. Since it has been open, the school has gained a reputation for their strong infant and toddler learning programs. Although their clientele ranges in ages from three months old to senior citizens, the bulk of the lessons are centered on children under 10 years old. The Australian Swim School is considered to be a leader in the learn -to -swim industry and has received several awards, including being inducted into the United States Swim School Association's "Hall Of Fame." Further, they were key contributors in the preparation of the Syllabus for the United States Swim School Association and had a role in creating the organization 20 years ago. The McFadden Place development was constructed in the early 1970's as an industrial park and was historically used by warehouse, distribution and warehouse related uses. In 1988, Conditional Use Permit No. 1988 -08 was approved to allow a combination of retail (maximum of approximately 125,000 square feet) and industrial related uses on the site. The subject building has historically contained retail uses, with the Habitat for Humanity retail store partially occupying the building. 31A-4 Conditional Use Permit No. 2012 -24 November 13, 2012 Page 3 General Plan and Zoning Analysis The General Plan land use designation for the site is Industrial (IND), which allows for a variety of industrial and industrial serving commercial uses. The proposed project is consistent with the General Plan. The subject site is located in the Light Industrial (M -1) zoning district. The Light Industrial district is a zoning designation that allows manufacturing, warehouse and wholesale uses, as well as commercial uses that support the industrial tenants. These uses include retail, restaurants and indoor sports facilities. The project site is consistent with this zoning designation. Project Analysis Ordinance No. NS -2776 was adopted in 2008 and added Indoor Sports f=acilities as a conditionally permitted use in the Light Industrial zoning district. Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities, in combination with higher lease rates in commercial areas, resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. In response to the growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M -1) zoning district subject to compliance with certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The proposed swim school meets all of the requirements specified in Section 41 -482 of the Santa Ana Municipal Code relating to indoor sports facilities. The subject property is in compliance with the Industrial development standards including landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding tenants within the center. The addition of a swim school facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. 31A-5 Conditional Use Permit No. 2012 -24 November 13, 2012 Page 4 Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The swim school will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. • The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. lkl_I�Q� Conditional Use Permit No. 2012 -24 November 13, 2012 Page 5 • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. Public Notification The project site is not located within or near any neighborhood association. Staff has been in contact with the property owner, who has informed the existing tenants of the proposed use. 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 had been received. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2012 -60 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 -24 as conditioned. Vince Freg0. 0, A1 CP Principal Planner VF:jm vfVeporlMCUP 12 -24 Australian Swim School 1404 Village.111312.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan 31A-7 R4 R4 i M1 R3 M1 I Al ti _L__jCS MCFAD 4 fN AV �— M1 1 I 1 IF Ml M1 ;� \MI PROJECTSITE \ MI M1 g SD-60 SO-60 M1 y SD-60 I SD-60 SD-60 SD -60 EDINGER AV. Q P MI M1 Ml DLa Mt SD-69 SD-69 M1 City of Tu tlu rANOanv PL Ml �3�P Q4' Q SD-69 Ml SD-69 rC2 GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT PARKING MODIFICATION -F FLOORAREARATIO PRE) PLANNED RESIDENTIAL DEVELOPMENT COMMUNRYCOMMERCIAL GC GOVERNMENTCENIER RI SINGLEFAMILY RESIDENCE COMMUNFTYCOMMERCIAL- bSUSEUMDISIRICT MI LIGHT INDUSTRIAL R2 TWO - FAMILY RESIDENCE GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE CENMALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APART61LNT C3-A CENTRALBUSINESS- ARTISTS'NLLAGE O OPENSPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAYZONE SO SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CUP 2012 -24 AUSTRALIAN SWIM SCHOOL m (9 = 1404 SOUTH VILLAGE WAY - - = SOOFEET I"= IOoO 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 VICINITY MAP EXHIBIT 1 CUP 2012 -24 AUSTRALIAN SWIM SCHOOL 1404 SOUTH VILLAGE WAY P L A N N I N G A N D B U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 iki I I N D U TRIAL t; J I N D U S T R I A L 0 r 1 WILSHIRE AVENUE z Dealer I N D U S T R I A L Parking N q ui S F O� 5 a Volkswagen — Saab "9G� Parking z p Vacant Vacant TO AU Mq((pq DAN GURNEY OR. MINI BMW d 4 aVolvo Volkswagen ' — l? BMW z o W z Honda � Lt z k Q cc INDUSTRIAL �Q EDINGER AVENUE 0 I N D U S T 0 R I A L O � INDUSTRIALS V V CUP 2012 -24 AUSTRALIAN SWIM SCHOOL 1404 SOUTH VILLAGE WAY P L A N N I N G A N D B U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 iki UAW zz Ilill r w < w Illllll 0, 0. ui U C7_ w w \N�\ N. N. ci TM IT Ox t111LU 96rir I I i I Iin I I US �LLlll I anvae'o..m•33aiss 1 1 I _3 I 1 _ Z I I -�� = rM z 0 z i III _i II I` > 5 w a. ( cn W W < - -- ------ - - - - -- - - -- � � 3'1h37Y 3H;HSYA1 awa <rruVx ro \mlr000s R.s M.ve�vi. -axaw ..emon-�p- e�e[lV a.ee Y1 Mwo'Vn.+. *• I�11 ®� t S LL a I All 9 it t� � all� } .r, 1- I I I I � I I_ I I \ � I 1 I d ly / T a ts T�g v e6F I � J I I & E Q YPb KI-iIQCLL£ eUYM1WOf MS MYULII- 21tl1]11 NRMI 4M i+•�n IBf 31 A -12 ROH - 11/13/12 RESOLUTION NO. 2012 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012 -24 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1404 SOUTH VILLAGE WAY 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. The applicant is requesting approval of Conditional Use Permit No. 2012- 24 to allow an indoor sports facility in the Light Industrial (M1) zoning district for the property located at 1404 South Village Way. B. Conditional Use Permit No. 2012 -24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 13, 2012. C. Santa Ana Municipal Code Section 41- 472.5(s) allows indoor sports facilities in the M1 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The swim school will provide a service that will improve the general well being of the neighborhood and community by offering an opportunity for youth and adult recreation within an area of the City that is substantially underserved by existing parks and open space. Further, the business will provide additional employment opportunities for residents of the City. 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use will not be detrimental to persons residing or working in the area as the use is located in an area that is Resolution No. 2012 -13 31 A -13 Page 1 of 3 predominantly industrial in nature. Further, improvements will be made to bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project to mitigate any negative impacts that could affect the health, safety or welfare of surrounding uses. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements to be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all regulations and conditions of Chapter 41 (Zoning) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2012 -60 will be filed for this project. Section 3. The Planning Commission. of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012 -24, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an indoor sports facility in the M1 zoning district for the property located at 1404 South Village Way. 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 Resolution No. 2012 -13 31A-14 Page 2 of 3 November 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of November, 2012 by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Acosta (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete 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, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012 -13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2012. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012 -13 31 A -15 Page 3 of 3 EXHIBIT A Conditions for Conditional Use Permit No 2012 -24 Should the Planning Commission approve Conditional Use Permit No. 2012 -24, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 improvements must conform to the Site Plan Review approval of DP No. 2012 -32 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department The existing building and required parking must conform with the provisions of Chapter 8, Article II, Division 3 of th e Code (Building Security Ordinance). These code that the existing projects lighting, door /window addressing be upgraded to current code standard cannot be located in required landscape planters. iki V.1115 Santa Ana Municipal conditions will require locking devices and s. Lighting standards REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: VARIANCE NO. 2012 -09 TO ALLOW A MONUMENT SIGN TO EXCEED THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER AVENUE — BROOKHOLLOW OFFICE PARK ASSOCIATION, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U9 9000M =Tile.' ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2012 -09 as conditioned. PLANNING COMMISSION ACTION On November 13, 2012, the Planning Commission adopted a resolution approving Variance No. 2012 -09 as conditioned by a vote of 5:0 (Acosta absent) to allow a monument sign to exceed the maximum allowable height, width and area at 1500 East Warner Avenue, located in the Specific Development No. 8 (SD8) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja ' . Trevino Executive Director Planning & Building Agency VF:rb vflreports \Vas \VA12 -09 Brookhollow sign.cc Exhibit: A. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 13, 2012 TITLE: PUBLIC HEARING — VARIANCE NO. 2012-09 TO ALLOW A MONUMENT SIGN TO EXCEED THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER AVENUE Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED O As Recommended O As Amended O Set Public Hearing For DENIED 13 Applicant's Request ❑ Staff Recommendation CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Variance No. 2012 -09 as conditioned. DISCUSSION Request of the Applicant Shlrin Zarkesh, representing the Brookhollow Office Park Association, is requesting approval of a variance to allow a monument sign to exceed the maximum allowable height, width and area. Specifically, Section 41- 862(c)(3) of the Santa Ana Municipal Code (SAMC) allows parcels that are larger than 15 acres to have one monument signs that is a maximum of 15 feet in height, 10 feet in width and sign area that is a maximum of 60 square feet. Protect Location and Site Description The Brookhollow Office Park, located at the southeast corner of Warner and Grand Avenues, is a 35 -acre development that consists of 24 parcels and eight common area lots. A total of 24 one and two -story buildings are located within the office park that encompass approximately 399,516 square feet of floor area. The office park is governed by Covenants, Conditions and Restrictions (CC &R's) that are controlled by a Master Association. The southern three -acre section of the office park is currently vacant but was entitled in 2006 to allow for retail and restaurant uses. Surrounding land uses include both industrial and commercial development to the north, commercial uses and the Costa Mesa (SR -55) Freeway to the south, office uses and the Costa Mesa (SR -55) Freeway to the east, and a Southern California Edison distribution station, industrial and hotel /motel uses across Grand Avenue to the west (Exhibits 1 and 2). EXHIBIT A Variance No. 2012 -09 November 13, 2012 Page 2 Protect Descrintion The proposed project consists of the installation of a monument sign along the east property line of the development that fronts the Costa Mesa (SR -55) Freeway. The sign is proposed to be located between the retail building at 1554 East Warner Avenue (Brookhollow Drive) and the two -story office building at 1560 East Warner Avenue (Brookhollow Drive). The sign is proposed to be 26 feet in height, 14 feet 4 inches in width and contain a sign area of 171 square feet. The signs will incorporate Brookhollow's trademarked web address on the structural support column and contain panels for six major tenants. The web address will consist of reverse pan channel letters with halo illumination. The tenant panels will be routed out push through letters with internal illumination. The sign will incorporate a legerstone veneer that will be incorporated into the existing monument signs within the Brookhollow Office Park (Exhibits 3, 4 and 5). Project Background In May 1977, the City Council approved a rezoning of the subject property from Industrial to Specific Development No. 8 (SD -8) to allow the construction of the Brookhollow Office Park. Shortly thereafter, the first of the 24 buildings were constructed, with construction completed by 1985. The site's zoning was changed due to the mixture of uses (retail, office and warehouse) proposed for the site. In 1989, 2004 and 2006, the SD was revised to address new uses and modify development standards in place at the office park. In 2005 and 2007, subdivision maps were approved to allow the creation of 15 separate parcels at the office park. General Plan and Zonina Analysis The General Plan land use designation for the site is Professional and Administrative Office (PAO), which allows for office development sites such as Brookhollow Office Park and ancillary signage for permitted developments. Professional and Administrative Office areas are designed to serve as anchors for the City's office uses. The project site and signage proposal is consistent with this General Plan land use designation. The zoning for the site is Specific Development District No. 8 (Brookhollow Office Park). The SD -8 designation is a mixed -use zone that allows office, restaurant, retail, hotel and industrial land uses. The zoning also permits signage that supports uses permitted in the SD No. 8 district. Therefore, the proposed use is also consistent with the zoning designation. Prolect Analysis Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. Variance No. 2012 -09 November 13, 2012 Page 3 • 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. Regarding this project, Section 41- 862(c)(3) of the Santa Ana Municipal Code (SAMC) states that no monument sign, if located on a parcel of land that is over 15 acres in size, shall be taller than 15 feet, wider than 10 feet and have a sign area greater than 60 square feet. As the applicant is proposing to install a larger monument sign, a variance needs to be approved. In analyzing the variance request staff believes that the following findings of fact warrant approval of the variance. • The project site has a special circumstance related to its size, shape and location. The Brookhollow Office Park is a triangular shaped parcel of land located in a highly urbanized setting that is immediately adjacent to the Costa Mesa (SR -55) Freeway. Immediately surrounding the office park are several large single - tenant buildings that have visibility from the SR -55 Freeway. Since the Brookhollow Office Park has approximately 100 tenants with little or no visibility to the freeway, the location and placement of these buildings makes it difficult to identify the tenants. In order to allow the major tenants to be distinguished from the other adjacent structures, signage that is visible from the SR -55 Freeway is necessary. The current limitation restricting the largest monument signage to a maximum of 15 feet in height and 60 square feet in size is not adequate given the developments location adjacent to a freeway. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The larger monument sign will allow the office park the ability to adequately identify the major tenants within the project. Further, allowing the larger signage will allow the Brookhollow Office Park to be competitive with similar uses in the area. The signage will be consistent with Policy 2.2 of the Land Use Element, which supports commercial uses to accommodate the City's needs for services. • The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property as the remaining signage will be in compliance with all aspects of the Specific Development No. 8 (SD -8) zoning district. In addition, the proposed signage will not generate any operational impacts that will adversely affect surrounding properties nor distract vehicles travelling on the Costa Mesa (SR -55) Freeway. Finally, the signage will be designed to comply with the provision of the California Building Standards Code. 31 B -5 Variance No. 2012 -09 November 13, 2012 Page 4 • Finally, the granting of the variance will not adversely affect the General Plan of the City since the proposed signage was designed to be in conformance with the City's General Plan goals and policies. For example, the signage is consistent with Goal 2 to promote uses that enhance the City's economic and fiscal viability, and Goal 4, which encourages development that protects and enhances sites and districts which are unique community assets that enhance the quality of life. Public Notification The project site is not located within the boundaries of an organized neighborhood, but is located within the Brookhoilow Office Park Association. The president of this Association was notified by mail 10 days prior to this public hearing and was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Association nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the construction of minor projects with no expansion of the existing use. Categorical Exemption Environmental Review No. 2011 -58 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 -09 as conditioned. Vince Fregos , AICP Principal Planner VF:jm Oreportsfts \VA12 -09 Brookholiow sign. 11 1312.pc Attachments: Exhibit 1 — I Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Signage Plans 41: i Rt Ml SD -69 Ml � a�•oavR Ml _ , Ml ae t� Ml SD•69 pit Ml RI RI Rl RI SD -69tt tt M1 ' Ml F• Rl � M1 .� M1 M1 s`c� RI RI Ml Ml c R7 ' ww.orod /I- gm -� Ml W WiSi A1C R2 is• !I City of T—lin R2 1%011 r RZ I o // m I/ U R2 M7 Mt — ii $0 -8 it Ml F. 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F Lt1f1 ip O>4c( cy 1O WN�N �i I-D� F- 4 ¢Q322G) 9E* 4a6 r "= I 0 4) t.l ! f ' ,mot ter, Q c- I Z -- 41 fj 0 � �S'•� �'�i ,�5 "ez 0 ` II t I l , 11JAf1OTION 1OOUS �11 L11 4 V 7 V} 3 j ! iy e2 f� roml, s qf! i� i ihh �ryry ,i k!J �i [[r� Q3 k, \P -/ a �jV1 [n U V o PCI �F 9y h � rl u . lukm� m Gar$-$ u LPk411000 � I 110-IL - r�l t t TI 1. 14 r I 1 e!' °I o zlemolloHloous LO 1 1 I 1 1 I 1 I I 1 1 1 fs 1 W ati aw uj ©" U) wow E DO Z Z (0 00 � - C) z J �1� w w rJ ra z k' Ili i N �L 0_0 N � r Cie -% 119 l FX Fy{ Fd' aM 3N ROH — 11/13/12 RESOLUTION NO. 2012 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2012 -09 AS CONDITIONED TO ALLOW A MONUMENT SIGN TO EXCEED THE ALLOWABLE HEIGHT, WIDTH AND SIGN AREA AT THE BROOKHOLLOW OFFICE PARK LOCATED AT 1500 EAST WARNER AVENUE 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 2012 -09, to allow a monument sign to exceed the maximum allowable height, width and sign area at the Brookhollow Office Park located at 1500 East Warner Avenue. B. Variance No. 2012 -09 came before the Planning Commission on November 13, 2012, for a duly noticed public hearing. C. Section 41- 862(c)(3) of the Santa Ana Municipal Code allows parcels that are larger than 15 acres to have one monument sign that is a maximum of 15 feet in height, 10 feet in width and sign area that is a maximum of 60 square feet. The Brookhollow Office Park is a 35 acre development. The sign is proposed to be 26 feet in height, 14 feet 4 inches in width and contain a sign area of 171 square feet. D. The Planning Commission determines that for Variance No. 2012 -09, the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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 the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. The Brookhollow Office Park is a triangular shaped parcel of land located in a highly urbanized setting that is adjacent to the Costa Mesa (SR -55) Freeway. Immediately surrounding the office park are several large Resolution No. 2012 -14 31 B -13 Page 1 of 4 single- tenant buildings that have visibility from the SR -55 Freeway. Since the Brookhollow Office Park has approximately 100 tenants with little or no visibility to the freeway, the location and placement of these buildings makes it difficult to identify the tenants. In order to allow the major tenants to be distinguished from the other adjacent structures, signage that is visible from the SR -55 Freeway is necessary. The current limitation restricting the largest monument signage to a maximum of 10 feet in height and 60 square feet in size is not adequate given the developments location adjacent to a freeway. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The larger monument sign will allow the office park the ability to adequately identify the major tenants within the project. Further, allowing the larger signage will allow the Brookhollow Office Park to be competitive with similar uses in the area. The signage will be consistent with Policy 2.2 of the Land Use Element, which supports commercial uses to accommodate the City's needs for services. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property as the remaining signage will be in compliance with all aspects of the Specific Development No. 8 (SD -8) zoning district. In addition, the proposed signage will not generate any operational impacts that will adversely affect surrounding properties nor distract vehicles travelling on the Costa Mesa (SR -55) Freeway. Finally, the signage will be designed to comply with the provision of the California Building Standards Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the granting of the variance will not adversely affect the General Plan of the City since the proposed signage was designed to be in conformance with the City's General Plan goals and policies. For example, the signage is consistent with Goal 2 to promote uses that enhance the City's Resolution No. 2012 -14 31 B -14 Page 2 of 4 economic and fiscal viability, and Goal 4, which encourages development that protects and enhances sites and districts that are unique community assets that enhance the quality of life. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the construction of minor projects with no expansion of the existing use. Categorical Exemption Environmental Review No. 2011 -58 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2012 -09 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of November, 2012, by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney None (0) Acosta (1) None (0) Eric Alderete Chairman 31 B -15 Resolution No. 2012 -14 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012 -14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2012. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012 -14 31 B -16 Page 4of4 Conditions for Approval for Variance No. 2012 -09 Should the Planning Commission approve Variance No. 2012 -09, 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 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -23 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. All monument signs within the Brookhollow Office Park shall be remodeled to be consistent in design and materials. Exhibit "A" 31 B -17 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: RESOLUTION AFFIRMING ADOPTION OF THE MEASURE M2 YEAR -END EXPENDITURE REPORT (: i� C^ 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 I a I kilo] u1:3:17 Adopt a resolution approving the Measure M2 Annual Expenditure Report and authorize the City to submit it to the Orange County Transportation Authority as required by Measure M2. DISCUSSION Each year local agencies are required to submit documentation to the Orange County Transportation Authority (OCTA) to obtain Measure M2 Comprehensive Transportation Funding Programs (CTFP) Funds and remain eligible to receive them in the future. Among these requirements, the City is required to submit a year -end Expenditure Report along with a resolution which acknowledges Council's adoption of the Expenditure Report. The Expenditure Report is a detailed financial document submitted by each jurisdiction, and is used to track financial activity as it relates to Renewed Measure M2 and other improvement funds. The report accounts for receipt, interest earned, and the use of Measure M2 and other funds. This report helps to validate eligible use of funds and must be submitted within six months of the jurisdiction's fiscal year end. Additionally, adoption of the resolution will enable the City to continue to receive approximately $4.0 million in Measure M2 Fairshare funds each year and to remain eligible for CTFP funding administered by the OCTA. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Direct r Public Works Agency RG /ML Exhibit: 1. Resolution 55A -1 55A -2 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2011/12 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Orange County Local Transportation Authority Ordinance No. 3 requires local jurisdictions to adopt an annual Expenditure Report to account for Net Revenues, developer /traffic impact fees, and funds expended by local jurisdictions which satisfy the Measure M2 Maintenance of Effort requirements. B. The Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by activity type and funding source for each program or project. C. The Expenditure Report must be adopted and submitted to the Orange County Transportation Authority each year within six months of the end of the City's fiscal year to be eligible to receive Net Revenues as part of Measure M2. Section 2: The City Council of the City of Santa Ana hereby finds that the FY 2011/12 Annual Expenditure Report is in conformance with the M2 Expenditure Report Template provided in the Renewed Measure M Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. Section 3: The City Council adopts the Annual Expenditure Report, and authorizes the Executive Director of the Public Works Agency, or his designee, to submit the Expenditure Report to the Orange County Transportation Authority. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Page 1 of 2 55A -3 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2012. Miguel A. Pulido Mayor CERTIFICATE OF 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 55A -4 Page 2 of 2 ROH (07/02/12) RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 15, 2008, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law "), the City Council established the Downtown Santa Ana Community Management District (the "CMD ") by adopting Resolution No. 2008 -078. B. Section 13 -214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, the City Council requested that staff begin proceedings to disestablish the CMD. On August 24, 2011, the City Council decided to continue this item for future consideration. On September 19, 2011, the City Council decided to continue this item to October 3, 2011. On October 3, 2011, the City Council decided to continue this item to October 17, 2011. On October 17, 2011, the City Council decided to continue this item to November 7, 2011. On November 7, 2011, the City Council decided to not take any further action toward disestablishment at that time. The matter came back before the City Council for further consideration on July 2, 2012. Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty - six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of Resolution No. 2012 -XXX 85B -1 Page 1 of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on August 6, 2012, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of July, 2012. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Miguel A. Pulido Mayor Resolution No. 2012 -XXX Page 2 of 3 85B -2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: .9 Clerk of the Council City of Santa Ana Resolution No. 2012 -XXX Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: RECEIVE AND FILE REGARDING SINGLE - SPACE PARKING METER FIELD TRIAL PROGRAM CITY MANAGER DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER In recent years, the Downtown area has seen significant changes to the area with the addition of new offices, retail, entertainment venues, restaurant and residential uses. These positive changes have presented the city with the opportunity to explore improvements to our current metered parking equipment to enhance the parking experience for a wider range of patrons. There are approximately 1,300 metered parking spaces in the City with 530 metered parking spaces in the downtown area. Currently, the traditional parking meters only accept coins. Faced with new parking challenges and the fact that many people are carrying limited cash /change, many cities are converting to smart meters that conveniently accept credit and debit cards as well as coins and are seeing revenue enhancement between 20 -30 percent with the upgraded technology. Based on the successes of smart parking meters in other cities, the city is interested in entering into a trial 90 -day term agreement with IPS Group, Inc. and First National Bank of Omaha /TSYS Merchant Solutions, LLC to sample 50 single -space meters that accept multiple payment options and ten space sensors that detect when a vehicle departs. This San Diego -based company has been the leader in intelligent single -space parking meter technology for over 15 years. Their product can be seen in over 40 cities in the United States and Canada as well as several nearby communities. In an effort to sample different areas in the Downtown and to receive feedback from users, the trial meters would be placed on high demand blocks of east and west 4th Street, N. Broadway and N. Sycamore. In addition to the 50 smart meters, we will also sample ten space sensors to be placed in the ground to detect the presence or absence of a vehicle. The sensors provide the ability to add courtesy time on the meter, supports anti -meter feeding and typically increases revenues by having spaces reset when a vehicle departs. 417M Receive and File Regarding Single -Space Parking Meter Field Trial Program December 3, 2012 Page 2 The IPS smart meters use a mechanism that retrofits into our current meter unit. Therefore, it is a very economical way to upgrade without any changes to the infrastructure or need for additional hardware and equipment. The device is solar - powered, uses LED lights to provide visual enforcement, and will accept coins, tokens, credit/debit cards and smart cards. The data management system will wirelessly notify parking operations staff of any faults or jams and provides financial information on each meter. In addition, the change to solar - powered meters will eliminate the need to replace over 2,400 nine -volt batteries each year. Prior to and throughout the trial period, staff will initiate a public outreach effort to first, inform all Downtown stakeholders, residents, and visitors, and secondly, to evaluate the success and acceptance of the products. Public outreach methods to be utilized will include placing an online public awareness video and survey on the city website and advertised throughout the city, as well as a sticker being placed on each trial meter. Downtown Inc. will also be asked to help inform the public by including an article in their newsletter. Staff will also personally speak with businesses in the trial areas and parking meter and parking control officers will carry information material. The IPS Group smart meters will include a variety of management reports to compare current meter revenues with smart meter revenues on both sensored and non - sensored meters during this trial period. In order to use the credit card feature, a valid merchant account is needed prior to the installation. First National Bank of Omaha, TSYS Merchant Solutions, LLC has provided the best rate to the City. They will be responsible for the payment process of receiving transactions from the IPS meters (via the wireless transmission) and depositing the transactions into the bank. The city is charged a fee of .035 cents per transaction. 41hVIA