HomeMy WebLinkAbout FULL PACKET_2013-12-02CALLED TO ORDER
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 18, 2013
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:07 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
ANGELICA AMEZCUA
P. DAVID BENAVIDES (5:09 P.M.)
MICHELE MARTINEZ
ROMAN A. REYNA (5:09 P.M.)
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
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(d)(1)
Manuel Novella vs. City of Santa Ana, case numbers #ADJ8587984,
ADJ8065209, ADJ4179053 and Unassigned.
• Anthony Silva v. City of Santa Ana and Eugenio Sanchez, Orange
County Superior Court case number 30 -2012- 00596622.
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JOINT ITEM – Gerald Feebler v. California Department of Finance, Ana
Matosantos, et al, County of Sacramento Superior Court Case No. 34-
2012- 80001172, awaiting Court of Appeal Case Number.
113 CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(d)(4)
One matter.
*Councilmember Benavides recused from this matter due to his business
affiliation. He left the room and did not participate in the discussion of the
matter.
CLOSED SESSION REPORT – See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 5:38 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 NOVEMBER 18, 2013
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:45 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
SAM THOMPSON, POLICE CHAPLAIN
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Paul Musco,
Owner of Gemini Industries, for his service to the community.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO
to Orange County Toy Collaborative — Orange County Social Services, Dee Azevedo;
Orange County Fire Authority, Lynnette Round; U.S. Marines, Staff Sergeant Cedrick
McKenzie; USMC Retired, Mauricio Velarde; USMC Retired, Max Madrid; and Society
of St. Vincent De Paul, Demetria Lee for helping to gather and deliver toys to needy
children at Christmas time.
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CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Tennis Star Vic Braden for his work in educating children on Diabetes and the
importance of good nutrition and eating well.
CLOSED SESSION REPORT — City Attorney Carvalho reported that by a 7 -0 vote
approved Manuel Novella vs. City of Santa Ana in the amount of $39,000; the Anthony
Silva v. City of Santa Ana and Eugenio Sanchez in the amount of $9,000; and by a vote
of 6 -0 Closed Session Item 1B instructed staff to work with outside counsel to work on
receivership matter (Benavides abstained).
PUBLIC COMMENT
• Albert Castillo, spoke of police shooting victim; also perceived conflict of interest with
Mayor on recent NAPA contract.
• Vanessa Serta, spoke of gang injunction and personal challenges if City continues
with program; opined that social programs needed; want safe community including
resources and programs.
• Carolyn Torres, spoke in opposition to gang injunctions at Townsend Neighborhood;
seeks support to stop injunction; request meeting with Police Chief and staff to
further discuss the matter.
• Councilmember Benavides noted that Public Safety Council Committee will be
considering matter at Public Safety Council Committee on November 26 at 6
p.m., in the Police Community Room.
• Sarah Guerrero, representing South Coast Repertoire, invited all to "I Love
Dialogos" and their upcoming events on November 19, 22, and 25th.
• Alfredo Amezcua, spoke on behalf of Santa Ana Coalition for Better Government,
concerned with article in Voice of OC regarding potential conflict of interest with
Mayor; concerned that issue discovered months after occurrence; members need to
recuse for personal or indirect interest; request thorough investigation of matter and
sanction if warranted.
• Peter Katz, invited all to Comlink's Annual Veterans and First Responders event.
• Barbara Lemere, spoke of parking issues at Centennial Park generated by Santa
Ana College; parking lot needs resurfacing; request City acquire land back.
• Alex Vega, spoke of various transparency issues.
• Barry Levine, offered comments on 11D, spoke in opposition to project; alleged
misappropriated of contributions.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31E as
recommended by staff with the following modifications:
• Councilmember Amezcua out of an abundance of caution, abstained on Agenda
Item 11 D due to campaign contribution;
CITY COUNCIL MINUTES 4 NOVEMBER 18, 2013
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• Councilmember Benavides abstained on Agenda Item 11 B;
• Mayor Pro Tern Tinajero abstained on Agenda Item 11 C and 22A;
o After Consent vote taken, Mayor Pro Tern corrected abstention on Agenda
Item 11 C and not 11 D as earlier recorded.
• Councilmember Sarmiento abstained on Agenda Item 31 C and 31 D out of an
abundance of caution due to potential property interest; and
• Staff recommended continuation of Agenda Item 11 C
o After Consent vote taken, City Council re -voted on continuing Agenda Item
11 C and not 11 B as considered earlier.
MOTION: Benavides
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Sarmiento
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 4, 2013
MOTION: Approve Minutes.
ORDINANCES /SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.
11A. ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND
INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT
AND REQUISITE FINDINGS - Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 7 -0.
Published in the Orange County Reporter on November 8, 2013.
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MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2851 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF
THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND
THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING
CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN
BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE,
AND INTERNATIONAL PROPERTY MAINTENANCE CODE
11B. AMENDMENT APPLICATION NO. 2013 -03 TO REZONE FOUR
PROPERTIES FROM MULTIPLE - FAMILY RESIDENCE (R3) TO
GENERAL COMMERCIAL (C2) AT 909 NORTH GRAND AVENUE -
Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 6 -0 (Benavides abstained).
Published in the Orange County Reporter on November 8, 2013.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2852 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED
AT 909 NORTH GRAND AVENUE FROM MULTIPLE - FAMILY
RESIDENCE (R3) TO GENERAL COMMERCIAL (C2) (AA NO. 2013 -03)
*Councilmember Benavides abstained on Agenda Item 11 B.
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 7 -0.
Published in the Orange County Reporter on November 8, 2013.
MOTION: Continue consideration of matter to the December 2, 2013
City Council meeting at the request of staff.
MOTION: Martinez SECOND: Sarmiento
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VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: None (0)
ABSTAIN: Tinajero (1)
ABSENT: None (0)
11 D. ZONING ORDINANCE AMENDMENT NO. 2013 -03 FOR A NEW MULTI-
FAMILY RESIDENTIAL DEVELOPMENT AT 301 EAST JEANETTE LANE
VINEYARD DEVELOPMENT- Planning and Building Agency
Placed on first reading at the November 4, 2013 City Council meeting and
approved by a vote of 6 -0 ( Amezcua abstained).
Published in the Orange County Reporter on November 8, 2013.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2854 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT
NO. 59 (SD -59) TO ALLOW THE CONSTRUCTION OF A MULTI - FAMILY
RESIDENTIAL PROJECT WITH 182 UNITS AT 301 EAST JEANETTE
WAY (ZOA NO. 2013 -03)
*Councilmember Amezcua abstained on Agenda Item 11D due to a
campaign contribution.
BOARDS / COMMISSIONS / COMMITTEES
13A. APPOINT REPRESENTATIVE TO THE SANTA ANA RIVER FLOOD
PROTECTION AGENCY - Clerk of the Council Office
MOTION: Appoint William Galvez, Acting Director of Public Works as
the City's representative to the Santa Ana River Flood Protection
Agency.
13B. COUNCIL COMMITTEE REPORTS — Planning and Building Agency
MOTION: Receive and file Development and Transportation City
Council Committee Minutes of September 3, 2013, September 5, 2013
and September 9, 2013.
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MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's
Office
MOTION: Approve as follow:
• AGMT NO. 2013 -179 - Manuel Novella vs. City of Santa Ana, case
numbers #ADJ8587984, ADJ8065209, ADJ4179053 and Unassigned;
settlement in the amount of $39,000.
• AGMT NO. 2013 -180 -Anthony Silva v. City of Santa Ana and Eugenio
Sanchez, Orange County Superior Court case number 30 -2012-
00596622; settlement in the amount of $9,000.
• Initiation of Litigation - One matter; instructed staff to work with outside
counsel on receivership matter.
*Councilmember Benavides recused from this matter due to his
business affiliation. He left the room and did not participate in the
discussion of the matter.
19B. EXCUSED ABSENCES — None
19C. REQUEST FOR PROPOSALS FOR POLICE DEPARTMENT
INTEGRATED SOFTWARE SYSTEM - Police Department
MOTION: Authorize the Police Department to issue a Request for
Proposals (RFP) to qualified companies to provide an integrated
software system for the Police Department.
19D. REQUEST FOR PROPOSALS FOR FEDERAL EMERGENCY
SOLUTIONS GRANT FUNDED HOMELESS EMERGENCY
ASSISTANCE - Community Development Agency
MOTION: Authorize the Community Development Agency to release
a Request for Proposals to tax - exempt non - profit corporations that
provide services for homeless and at -risk of homelessness that are
eligible under the federal Emergency Solutions Grant (ESG) program.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
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22A. SPEC. NO. 11 -060 - ASPHALT STREET MAINTENANCE - (Public Works
Agency) - Finance & Management Services
MOTION: Renew the contract with Ben's Asphalt Inc. for a two -year
period in an amount not to exceed $630,000 annually, subject to non -
substantive changes approved by the City Manager and City
Attorney.
*Councilmember Tinajero abstained on Agenda Item 22A due to a
campaign contribution.
22B. SPEC. NO. 10 -040 - POTHOLE REPAIR - (Public Works Agency) -
Finance & Management Services
MOTION: Renew the contract with Ben's Asphalt, Inc., for a one -year
period in an amount not to exceed $450,000, subject to non -
substantive changes approved by the City Manager and City
Attorney.
22C. SPEC. NO. 12 -062 - ANIMAL FOOD (Parks, Recreation & Community
Services Agency) - Finance & Management Services
MOTION: Renew the contract with Midway City Feed Company for a
one -year period in an annual amount not to exceed $35,000, subject
to non - substantive changes approved by the City Manager and City
Attorney.
AGREEMENTS
25A. AGMT NO 2013 -173 - FIRE STATION CAPITAL IMPROVEMENTS -
Community Development Agency
Continued from the October 21, 2013 City Council Meeting by a vote of 7-
0.
MOTION: Authorize the City Manager and Clerk of the Council to
execute an agreement with Orange County Fire Authority in the
amount of $890,000, subject to non - substantive changes approved
by the City Manager and City Attorney.
2513. AGMT NO 2013 -174 - INTEGRATED SOFTWARE SYSTEM
CONSULTING SERVICES - Police Department
MOTION: Authorize the City Manager and Clerk of the Council to
execute an amendment with Cit Com Inc. in an amount of $36,700,
CITY COUNCIL MINUTES 9 NOVEMBER 18, 2013
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subject to non - substantive changes approved by the City Manager
and City Attorney.
25C. AGMT NO 2013 -175 - COMPUTER AIDED DISPATCH SYSTEM
MAINTENANCE AND SUPPORT SERVICES - Police Department
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an amendment with Tiburon, Inc. in an amount not to exceed
$39,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
25D. AGMT NO 2013 -176 - ANNUAL MAINTENANCE AND SUPPORT OF
POLICE DIGITAL IMAGING MANAGEMENT SYSTEM - Police
Department
MOTION: Direct the City Attorney to prepare and authorize the City
Manager and the Clerk of the Council to execute an agreement with
Linear Systems, in an amount not to exceed $29,999.
25E. AGMT NO 2013 -177 - JOINT POWERS AUTHORITY AGREEMENT
WITH ORANGE COUNTY FIRE AUTHORITY (OCFA) STRUCTURAL
FIRE FUND - Fire Department
MOTION:
1) Approve and direct the City Manager to execute a second
amendment to the amended Orange County Fire Authority Joint
Powers Authority Agreement.
2) Authorize the City Attorney to join in supporting the Orange
County Fire Authority's validation actions, when filed, seeking to
obtain a judicial declaration of the validity of the second
amendment to the amended Joint Powers Authority agreement.
25F. AGMT NO 2013 -178 — RECEIVERSHIP LITIGATION SUPPORT
SERVICES - City Attorney's Office
MOTION: Authorize the City Manager and the Clerk of the Council to
approve an agreement with Silver & Wright, LLP in an amount not to
exceed $40,000, subject to non - substantive changes approved by the
City Manager and City Attorney.
CITY COUNCIL MINUTES 10 NOVEMBER 18, 2013
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MISCELLANEOUS - BUDGET
29A. 2013 -2014 ANNUAL ACTION PLAN SECOND SUBSTANTIAL
AMENDMENT FOR HOMEBUYER DOWN PAYMENT ASSISTANCE
LOAN PROGRAM - Community Development Agency
Finance, Economic Development and Technology Committee approved
recommended action by a vote of 3 -0 on October 14, 2013.
Community Redevelopment and Housing Commission approved
recommended action by a vote of 6 -0 (Sandoval absent) on November 5,
2013
MOTION:
1. Approve a second substantial amendment to the 2013 -14 Annual
Action Plan approving a new program activity using Community
Development Block Grant funds and HOME Investment
Partnerships Program funds, and authorizing its submittal to the
U.S. Department of Housing and Urban Development.
2. Adopt the Homebuyer Down Payment Assistance Loan Program
and allocate $280,000 of HOME Investment Partnerships Program
funds and $120,000 of Community Development Block Grant
(CDBG) funds for program funding.
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIAN CES
31 A. CONDITIONAL USE PERMIT NO. 2013 -12 TO ALLOW A TYPE 47 ABC
LICENSE, CONDITIONAL USE PERMIT NO. 2013 -13 TO ALLOW
AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO.
2013 -14 TO ALLOW A BANQUET USE FOR THE VOLSTEAD AT 207
WEST SECOND, UNIT A — TIM MORLEY, APPLICANT - Planning and
Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 6 -0 (Alderete abstained).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -12 as conditioned, Conditional Use Permit No. 2013-
13 as conditioned, and Conditional Use Permit No. 2013 -14 as
conditioned.
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31 B. CONDITIONAL USE PERMIT NO. 2013 -31 TO ALLOW A TYPE 41 ABC
LICENSE, CONDITIONAL USE PERMIT NO. 2013 -29 TO ALLOW
AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO.
2013 -30 TO ALLOW A BANQUET USE FOR THE ROBBINS NEST
RESTAURANT AT 207 EAST SECOND STREET, UNIT B - VINCE
CANINO, APPLICANT - Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 6 -0 (Alderete abstained).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2013 -31 as conditioned, Conditional Use Permit No. 2013-
29 as conditioned, and Conditional Use Permit No. 2013 -30 as
conditioned.
31 C. CONDITIONAL USE PERMIT NO. 2012 -11 -MOD TO MODIFY A TYPE 47
ABC LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD TO
ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE
PERMIT NO. 2012 -13 -MOD TO ALLOW A BANQUET USE FOR THE
PLAYGROUND AT 220 EAST FOURTH STREET - BOB QUINN -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 7 -0.
MOTION: Receive and file the staff report approving modifications to
Conditional Use Permit No. 2012 -11 -MOD as conditioned, Conditional
Use Permit No. 2012 -12 -MOD as conditioned, and Conditional Use
Permit No. 2012 -13 -MOD as conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31C out of an
abundance of caution.
31 D. CONDITIONAL USE PERMIT NO. 2013 -45 TO ALLOW A TYPE 41 ABC
LICENSE FOR AU NATURAW RESTAURANT AT 206 NORTH
BROADWAY, UNITS A AND B - WILLIAM MASON, APPLICANT -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013, by a vote of 7 -0.
MOTION: Receive and file the staff report. approving Conditional Use
Permit No. 2013 -45 as conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31D out of an
abundance of caution.
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31 E. CONDITIONAL USE PERMIT NO. 2013 -42 TO ALLOW A DOG KENNEL
AT 2110 SOUTH YALE STREET — BUFF DOG KENNEL, APPLICANT -
Planning and Building Agency
Planning Commission approved recommended action on October 28,
2013 by a vote of 7 -0.
MOTION; Receive and file the staff report approving Conditional Use
Permit No. 2013 -42 as conditioned.
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
75A. PUBLIC HEARING — ORDINANCE SECOND READING FOR
AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2007 -01, AND
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 2013 -04 AND
SITE PLAN REVIEW NO. 2013 -03 FOR A NEW MULTI - FAMILY
RESIDENTIAL DEVELOPMENT AT 1901 EAST FIRST STREET — LYON
COMMUNITY DEVELOPMENT, APPLICANT - Planning and Building
Agency
Planning Commission approved recommended action by a vote of 7 -0 on
August 26, 2013
Ordinance placed on first reading at the October 21, 2013 City Council
meeting and approved by a vote of 6 -0 (Reyna absent).
Continued from the October 21, 2013 City Council meeting by a vote of 6-
0 (Reyna absent).
Ordinance title and legal notice for public hearing published in the Orange
County Reporter on November 8, 2013; notices mailed on November 7,
2013.
Staff report presentation by Executive Director of Planning and Building,
Jay Trevino.
Lyon Communities Residential Development - 1901 East First Street
VTTM No. 2013 -4 and Site Plan Review No. 2013 -3
Project Description
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• New 264 -unit multi - family development
• Three and five -story buildings
• Mixture of flats and townhome units
• Extensive project amenities
• Recreation facilities
• Open Spaces
• Retail component
• Affordable units
Site Description
• C -5 zoning with MEMU Overlay
• GP designation of District Center
• Surrounded by office, retail and vacant parcels
Vesting Tentative Tract Map
• Map for condominium purposes to allow future sale of units
• Project consistent with City and State provisions
• CC &R's to address occupancy, outdoor storage and common area
maintenance
Site Plan Review
• Required for all development projects with MEMU Overlay Zone
• Review ensures compatibility with design principles of MEMU
document:
o Parking
o Setbacks
o Architecture
o Massing
o Facades
Project Analysis
• Project in compliance with provisions of the MEMU zone
• Amenity package consistent with similar projects citywide
• Project will serve as catalyst for investment in the MEMU Overlay Zone
area
Planning Commission Action
• Received public testimony on the development project from concerned
citizens
• Voted 7:0 to recommend that the City Council approve the entitlements
for the project
Recommendation
• Recommend that the City Council:
• Approve Vesting Tentative Tract Map No. 2013 -4 as conditioned
• Approve Site Plan Review No. 2013 -3 as conditioned
CITY COUNCIL MINUTES 14 NOVEMBER 18, 2013
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Mayor Pulido opened the Public Hearing. There were no speakers or
written communication received; the Hearing closed.
Councilmember Sarmiento noted that Developer was going to pay an in-
lieu fee, but was able to reconfigure project; now low income units will be
built on site; request that developer work on providing homes to lower
range applicants to meet City objective.
MOTION:
1. Place ordinance on second reading and adopt.
ORDINANCE NS -2850 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
SANTA ANA AND LYON HOUSING (FIRST STREET) XLVIII, LLC
2. Adopt a resolution.
RESOLUTION NO. 2013 -055 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING
TENTATIVE TRACT MAP NO. 2013 -04 AS CONDITIONED AND
APPROVING SITE PLAN REVIEW NO. 2013 -03 AS CONDITIONED
FOR THE PROPERTY LOCATED AT 1901 EAST FIRST STREET
MOTION: Tinajero SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B. PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING
COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and Building
Agency
Legal Notice published in the O.C. Reporter on November 8, 2013.
Staff report presentation by Executive Director of Planning and Building,
Jay Trevino.
Ordinance Deferring Collection of Development Impact Fees
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Program Details
• Program intended to encourage investment, jobs and housing
• Similar to fee deferral programs adopted in 2008, 2011 and 2012
• Adopted by 75+ jurisdictions statewide
• Allows fees to be differed until Certificate of Occupancy or one year
from permit issuance
• Ordinance period extended from one -year to three -years to increase
flexibility
Eligible Fees
• Parks Acquisition and Development Fee
• Drainage Area Master Plan Fee
• Transportation System Improvement Fee (TSIP)
• Major Thoroughfare and Bridge Fee
• Fire Facilities Fee
• Sewer Connection Fee
Recommendation
• Adopt Ordinance to temporarily defer collection of development impact
fees
Mayor Pulido opened the Public Hearing. There were no speakers. The
Building Industry Association submitted letter of support for the record.
Mayor Pulido closed the Hearing.
Councilmember Benavides noted that program will support continued
economic development and business friendly initiatives; consider
establishing an economic development partnership with Chamber of
Commerce to improve our services and business climate.
MOTION: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2855 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND
TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
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ABSTAIN: None (0)
ABSENT: None (0)
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. DIRECT CITY ATTORNEY TO PREPARE RESOLUTION SUPPORTING
THE UNITED STATES POSTAL REFORM LEGISLATION —
(Councilmembers Benavides, Reyna, and Amezcua)
Councilmember Benavides requested that item be brought forward at next
City Council meeting.
MOTION: Place resolution on the December 2, 2013 City Council
meeting for consideration.
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, , Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
WORK STUDY SESSION
WSA. CREATION OF ARTS AND CULTURE COMMISSION - Parks, Recreation
& Community Services Agency
Presentation by Parks, Recreation and Community Services Executive
Director, Gerardo Mouet.
SUMMARY
I. Creation of Arts and Culture Commission to champion the
development, promotion and sustainability of Santa Ana's vibrant arts
and cultural community
II. In the recent Strategic Planning survey, 40% of the community
respondents identified Arts and Culture among their top five priority
areas. Several respondents commented that Arts and Culture will have
a direct link to improved economic development in Santa Ana
CITY COUNCIL MINUTES 17 NOVEMBER 18, 2013
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III. Proposed Commission duties and Commissioner composition are
described below and will be part of the proposed Ordinance at the
December 2 Council meeting
IV. The concept of a new City Commission on Arts and Culture was first
discussed at the October 28 Parks, Recreation, Education, and Youth
(PREY) Council Committee meeting. The PREY Committee expressed
their support and desire to see the proposed new Commission come
before the entire City Council.
V. Staff has been conducting outreach to individuals and groups from the
arts and culture community to get their feedback on the proposed new
Commission and will continue to do so. Please let us know whom you
would like to recommend for staff to follow up and meet to get their
perspective on this proposed new Commission.
Commission Duties
• Champion the development, promotion and sustainability of Santa
Ana's vibrant arts and cultural community
• Will advise the City Council on priorities and identify resources to
support artists and cultural institutions
• Will promote cultural programs and events
• Will advocate for and educate the public on the value of the arts
• Will foster public and private partnerships to sustain these efforts
• Develop a Sister Cities Program
Commissioners
• Residents of Santa Ana and citizen volunteers, appointed by the Mayor
and City Council
• The commission will include representatives from the art, cultural,
business and education communities and the general public
• Will advise the City Council on priorities and identify resources to
support artists and cultural institutions
• Will promote cultural programs and events
• Will advocate for and educate the public on the value of the arts
• Will foster public and private partnerships to sustain these efforts
• All Volunteer Commission — No compensation
Outreach to Art and Culture Community
• Arts Orange County — Richard Stein
• Workshop for Community Arts — Alicia Rojas, Adriana Alexander,
Moises Camacho, Chilo Perez, Elizabeth Cardenas Sevilla, and Lara
Montagne
• United Artist of Santa Ana — Sandra "Pocha" Sarmiento, Victor Payan,
and Mathew Southgate
• Don Crib, President of Santa Ana Council of Arts and Culture
• Mike McGee, Professor, Department of Visual Arts, CSUF
• Silvia Volcan, Misfit #9 Gallery/Art Forum, and Artist
Next Steps
CITY COUNCIL MINUTES 18 NOVEMBER 18, 2013
1 0A -18
• December 2 Council considers approving Commission to establish an
Arts and Culture Commission
• The City Manager's Office will coordinate and approve staffing within
existing department budgets
• Commissioner applications will be developed with candidate
background areas such as art, culture, business, and education
emphasized
• City Council will consider appointing commissioners from January
through March with a goal to have the first Commission meeting by
April
City Council discussion ensued.
Councilmember Martinez, thanked colleagues from Parks, Recreation,
Education, and Youth Council committee for proposing commission; asked
for budget implications, if any, since City adopted 2 year budget.
City Manager Cavazos indicated that existing vacant positions will be used
to staff Commission, since it has been a priority area as noted by the
Committee.
Councilmember Martinez, request staff and fiscal information prior to
Council adoption; avoid false sense of hope for commissioners and
community if not sustainable; supports Sister City Program, full Council
need to approve selection of city.
Councilmember Sarmiento echoed comments by Councilmember
Martinez and City Manager Cavazos; thanked staff for brining matter
forward; need forum to discuss economic impacts of commission.
Mayor Pro Tern Tinajero commented that community wants and needs
commission; respectful of commissions we have collapsed in the past.
Councilmember Amezcua indicated that murals at Santa Ana Plaza
should be handled by commission; supports concept.
Councilmember Benavides said that commission will allow for expansion
of art movement; potential for economic development; proposed small
stipend consistent with existing commissions.
Parks, Recreation and Community Services Executive Director Mouet
noted that aggressive communication implemented; groups have been in
favor; request models from other cities and all comments received to be
circulated to Council as informational.
Councilmember Reyna, excited about public art; will highlight County seat;
utility box art program amongst other efforts will benefit from commission.
CITY COUNCIL MINUTES 19 NOVEMBER 18, 2013
1 0A -19
Mayor Pulido reflected on defunct Santa Ana Arts Council; suggested that
staff review bylaws as reference; staff to proceed but de- couple from other
commissions; manage expectations and accomplishments with
measurable means; thanked PREY committee and City Manager for
proposing.
Victor Payan, spoke on behalf of United Artist of Santa Ana in support of
Arts Commission; draw from professional artist in the community and
representation from all Wards.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B CITY COUNCILMEMBER COMMENTS:
Councilmember Amezcua:
• Commented on Orange County Fire Authority's project to remove
vegetation on City's right -of -way that pose fire danger at the Santiago
Creek; thanked City Manager and Fire Chief Brown for effort; and
• Wished all a Happy Thanksgiving.
Councilmember Reyna:
• Encouraged all to conserve water;
• Commented on Walk and Talk Tour led by Irma Macias; well attended
and informative;
• Commented on Latino Health Access' Wellness Corridor and Resource
Fair over the weekend and Grand Opening ceremony held earlier
today for Garfield Community Center;
• Encouraged all to shop in Santa Ana; and
• Wished all Happy Holidays.
Councilmember Benavides:
• Wellness Corridor Kick -Off and Bike Ride event well attended by
elected officials and residents;
• Wished all Happy Thanksgiving; grateful for all blessings and family;
• Invited all to participate in Orange Friday (November 26) to work -out at
5 a.m. at the Santa Ana Bowl; and
• Urged all to shop and support local businesses.
Councilmember Martinez:
• City held ribbon cutting of Garfield Community Center; students to use
facility during the day and residents in the evening; thanked community
CITY COUNCIL MINUTES 20 NOVEMBER 18, 2013
1 OA -20
for holding City Council accountable; children have state of the art
facility with technology and resources; partnerships and joint use
efforts enabled project;
• Housing Element released for public comments; encouraged all to
participate; walk and talk tours help identify areas of concern for the
City; need public's input before City Council makes policy decision;
• Opined that Wellness Corridor led by America Braccho of Latino
Health Access has mobilized community leaders and residents;
• Spoke of traffic safety - thanked Acting Police Chief, Carlos Rojas and
Acting Public Works Director, William Galvez for efforts to protect
residents; spoke of Long Range Transportation Plan by OCTA to
increase speeds - don't support plan, need to reduce speed; speed at
major arterials is important to address;
• Reflected on Thanksgiving — family, health, and positive thinking.
Councilmember Sarmiento:
• Congratulated Councilmember Martinez on Wellness Corridor Steering
Committee efforts;
• Thanked colleagues on joint use committee for making Garfield
Community Center a reality; also brought Willard and soon Roosevelt
Walker; City has committed funds for sustainability of Centers;
• Approved several conditional use permits on alcohol and beverage
control license, suggest study session on issuing licenses;
• Wished all a Happy Thanksgiving.
Mayor Pro Tern Tinajero:
• Commented on Orange County Fire Authority's month -end report that
will outline activities throughout the County and City and will be posted
on City's website;
• Congratulated Segerstrom and Santa Ana Valley high schools for
advancing to playoffs; recognize at upcoming meeting; Santa Ana
Valley won league championship;
• Pop Warner wrapped season; new football league allows all Santa Ana
players to play together - nice concept; increased opportunities for
youth with AYSO, football groups and girls soccer leagues; discipline
learned carries over to adult life; and
• Thanksgiving is time to reflect and appreciate family; thanked wife,
Jennifer, for tremendous support; congratulated her for finishing her
Masters Degree in December.
Mayor Pulido:
• Thanked loved ones for support;
• Request staff to coordinate meeting with Councilmember Martinez,
Public Works and Orange County Transportation Authority to discuss
reduction of speeds and review different methodology - pedestrian
safety important; early influence important;
CITY COUNCIL MINUTES 21 NOVEMBER 18, 2013
1 OA -21
• Commented on Wellness Corridor and paradigm shift; thanked
Councilmember Martinez for leadership - create exercise area,
walkability, coordinate activities and encourage movement;
• Attended Walk and Talk tour; well attended and informative; staff to
follow up on needs - trees needed to enhance area; thanked Irma
Macias for coordinating event; and
• Happy Thanksgiving to all.
ADJOURNED- 8:03 P.M. - The next meeting of the City Council is scheduled for
Monday, December 2, 2013 at 5:00 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
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
Street Car Project Locally Preferred Alignment
Public Hearing on Sexlinger Property
Adoption of Strategic Plan
Harbor Blvd. Mixed -Use Plan
CITY COUNCIL MINUTES 22 NOVEMBER 18, 2013
1 OA -22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
ORDINANCE SECOND READING: ORDINANCE
TEMPORARILY DEFERRING COLLECTION OF
DEVELOPMENT IMPACT FEES
{
j /, 4
CITY MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
On November 18, 2013, the City Council introduced first reading and authorized publication of
title for the following Ordinance by a vote of 7 -0:
ORDINANCE NO. NS -2855 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO TEMPORARILY SUPERSEDE CERTAIN PROVISIONS OF THE SANTA ANA
MUNICIPAL CODE AND TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS -2856
11B-1
11 B -2
ROH - 11/18/13
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL
CODE AND TO PERMIT DEVELOPERS TO DEFER
PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Mitigation Fee Act (Government Code section 66000, et seq.)
authorizes the City to adopt and regulate monetary exactions for the
purpose of defraying all or a portion of the public facility costs relating to a
development project. The development impact fees are charged as a
condition of approval and are used to alleviate the effects of development
on the community by financing public improvements, services, or
programs that bear a reasonable relationship to the development.
Virtually all California cities, including Santa Ana, require applicants to pay
mitigation fees as a precondition to issuing a building permit. The City
may determine when such fees are to be paid.
B. The City relies on new development to stimulate the local economy and to
provide direct and indirect benefits to its residents and business by
creating construction jobs, new market -rate and affordable housing, and
new tax -base revenues for the City.
C. This ordinance is intended to alleviate certain barriers to development, in
light of the challenges facing the development industry in a fluctuating
market economy, by allowing eligible project applicants to defer certain
development impact fees.
D. The Request for Council Action for this ordinance dated November 18.
2013, shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
E. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418
Ordinance No, NS -XXX
Page 1 of 6
11 B -3
of the City Charter. Any such restatement of existing provisions of the
Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Section 2. Definitions. The following words and phrases are defined for
purposes of this ordinance as follows:
"Applicant" means the owner or owners of record of the real property for which a
fee deferral is sought pursuant to this ordinance.
"Code" means the Santa Ana Municipal Code.
"Executive Director" means the Executive Director of the Planning and Building
Agency of the City.
"Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of
impact fees.
"Eligibility Criteria" means an objective standard established by the Executive
Director with concurrence of the City Manger, which may be amended from time to time as
deemed necessary, used to determine appropriateness for incentives under this Chapter.
"Fee Deferral Agreement" means an agreement, including a deed of trust, by and
between the Applicant and the City in a form acceptable to the City Attorney, which is a
prerequisite requirement for approval for any fee deferral under this ordinance. The Fee
Deferral Agreement shall include provision for the payment of the City's reasonable costs
in preparing.
"Nonresidential" means (a) those commercial business activities which are
permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning
districts as set forth in Title 41 of this Code, or (b) those industrial business activities which
are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this
Code.
"Subject Property" means the real property owned by the Applicant subject to the
Fee Deferral Agreement.
"Residential" means those activities which are permitted or allowed in the RE, R1,
R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41-
143 of this Code, and includes a live -work community as set forth in section 41 -101.5 of
the Code.
Ordinance No. NS -XXX
Page 2 of 6
11 B -4
Section 3. Deferral of Development Impact Fees for Residential and
Nonresidential projects.
A. Notwithstanding any other provisions of this Code, some or all of the
development impact fees imposed on new Residential or Nonresidential buildings and
structures located in the City may, upon application by an Eligible Applicant and approval
of the Executive Director, be deferred subject to the provisions set forth below. Fees
eligible to be deferred shall be:
• Parks Acquisition and Development Fee
• Drainage Area Master Plan Fee
• Transportation System Improvement Fee (TSIP)
• Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and
retained by the City)
• Fire Facilities Fee
• Sewer Connection Fee
B. Prior to the City's consideration of an application for deferral of impact fees,
the Applicant shall provide to the Executive Director, at the Applicant's sole cost and
expense, a current preliminary title report on the Subject Property.
C. No deferral shall be effective until the Applicant provides security to the City
in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance,
approved by the City Manager and in a form acceptable to the City Attorney.
D. The maximum deferral period shall be:
1. Prior to the final inspection or issuance of a temporary certificate of
occupancy or final certificate of occupancy for the new building or structure on the Subject
Property, whichever comes first, or
2. One (1) year from the date of issuance of the building permit for the
Subject Property.
E. Notwithstanding any provision to the contrary, the deferred impact fees not
paid at the time of building permit shall be subject to:
1. Interest on unpaid fees at the annual rate of interest which the City
earns on its investment of pooled funds shall accrue from the date of issuance of the initial
building permit until the deferred impact fees and all accrued interest is paid, and
2. An additional up -front charge shall be added to the unpaid amount to
cover the administrative costs incurred in processing the fee deferral application and
administering the fee deferral program.
Ordinance No. NS -XXX
Page 3 of 6
11B-5
Section 4. Form of Security for Unpaid Development Impact Fees
A. As a condition of the deferral, the City shall require the property owner, or
lessee if the lessee's interest is of record, to execute prior to and as a condition of
issuance of a building permit, a Fee Deferral Agreement, which shall provide that the
deferred development impact fees shall be paid within the time set forth in section 4.D. of
this ordinance, and secured by an obligation that shall inure to the benefit of, and be
enforceable by the City, evidenced by either:
1. a senior, unsubordinated recorded lien on the Subject Property which
shall be enforced against successors in interest to the property owner or lessee,
releasable when the obligation is paid in full, which shall in the case of a Residential
project include requirement for an escrow instruction providing for payment out of escrow
from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the
Applicant's option,
2. an irrevocable letter of credit from the Applicant in a form approved
by the City Attorney, which shall be releasable when the obligation is paid in full.
B. The payment of such development impact fees shall be deemed a debt due
and owing to the City at such time as set forth herein, which debt shall only be deemed
satisfied and discharged upon payment in full to the City. The City may pursue collection
through all available legal and administrative means including, but shall not be limited to,
judicial or non - judicial foreclosure of the recorded lien against the Subject Property, a
demand upon the irrevocable letter of credit, and /or civil judgment against the Applicant for
breach of the Fee Deferral Agreement and /or the security provided hereunder.
Section 5. Applicability.
This ordinance and the incentives derived hereunder shall apply only to new
development projects that have not obtained a building permit from the City at the time this
ordinance is adopted by the City Council. This ordinance shall remain in effect for three
(3) years from the adoption date, and as of that date is repealed unless a City Council
adopts a further ordinance of resolution to extend that sunset date for an additional period
not to exceed three (3) years.
Section 6. Ordinance to Operate Exclusively.
Except as set forth in this ordinance, all other provisions of the Code shall remain in
full force and effect. Nothing contained in this ordinance is deemed to authorize or permit
the deferral of payment of any fee or charge imposed upon Residential or Nonresidential
development in the City except for those development impact fees expressly set forth in
section 2 above.
Ordinance No. NS -XXX
Page 4 of 6
11 B -6
Section 7. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2013.
Miguel A. Pulido
Mayor
11 B -7
Ordinance No. NS -XXX
Page 5 of 6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B -8
Ordinance No, NS -XXX
Page 6 of 6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY;
:'-C• k
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2 "d Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from City departments in accordance
with the retention schedule outlined in City Council Resolution 2013 -014.
DISCUSSION
On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule
for the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the period in which records need to be retained. The Citywide
Records Team compiled the Citywide Records Retention Schedule which sets forth the retention
period for a particular record. The Municipal Code requires that the destruction of a City record be
approved by the City Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City
Attorney has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
Attachments
19C -1
19C -2
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Assistant to the City Manager
Date: December 1, 2013
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2013 -014.
Thank you.
19C -3
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2013
RECORD
RECORD
RECORD
EXPIRATION
CATEGORY
SERIES
DESCRIPTION
DATES
Chronological Files
Staff
Memoranda and Correspondence
December 1,
2011 and prior
Correspondence/
December 1,
Chronological Files
Councilmember
Self- explanatory
2011 and prior
Council Requests
Mayor
Inquiries processed for Mayor
December 1,
2011 and prior
Wards 1 through 6
Inquiries processed for Councilmembers
December 1,
2011 and prior
Correspondence
General Correspondence
Self- explanatory
December 1,
2011 and prior
Staff
Inquiries processed for Staff
December 1,
2011 and prior
Monthly Status
City Manager
Self- explanatory
December 1,
Reports
2011 and prior
Payroll Records
Council /Staff
Self- explanatory
December 1,
2011 and prior
December 1,
Travel Folders
Council /Staff
Self- explanatory
2011 and prior
APPROVE: CONSENT:
David Cav zos Date Sonia R. Carvalho Date
City Manager City Attorney
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
19C -4
AUDITED BY:
Mark Lawrence Date
Assistant to the City Manager
20111A.1111k 1 1/
Lisa Storck
To: Assistant City Attorney Date: November 6, 2013
Senior Management Analyst
From: Community Development Agency
Subject: REQUEST FOR DESTRUCTION OF RECORDS
The Community Development Agency requests your consent to destroy city records
on the attached listing, in accordance with the retention schedule outlined in City
Council Resolution 98 -088.
JAIVO
Terri R. Eggers
19C -5
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
Community Development Agency
2018
Record
Category
Record Series
Record Description
Record Dates
HOUSING
Tax Exempt Bond Program
Income Certification for Tenants Occuping
2003 -2008
Income Certifications
Affordable Units in Tax Exempt Bond Projects
HOUSING
Tax Exempt Bond Program
Income Certifications for Tenants Occupying
2003 -2007
Income Certifications
Affordable Units in Tax Exempt Bond Projects
HOUSING
Tax Exempt Bond Program
Income Certifications for Tenants Occupying
1996 -2001
Income Certifications
Affordable Units in Tax Exempt Bond Projects
HOUSING
Tax Exempt Bond Program
Income Certifications for Tenants Occupying
1998 -2002
Income Certifications
Affordable Units in Tax Exempt Bond Projects
7,10
HOUSING
Loan Files
All Approved paid -off Rehabilitation Loans
2007
S'yn
HOUSING
Loan Files
All Approved paid -off Rehabilitation Loans
2002
PREPARED BY:
xb -i
—Terri Eggers Date
Senior Management A st
Community Development Agency
RECORDS DESTROYED:
Number of boxes
CONCENT BY:
Date
Interim Executive
Community Deve
APPROVED BY:
� � 11-15-13
Sonia R. Carvalho Date
City Attorney
19C -6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING REIMBURSEMENT
FROM COUNTY OF ORANGE FOR
POSTRELEASE COMMUNITY
SUPERVISION
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 15` Reading
❑
Ordinance on 2n° Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached Memorandum of
Understanding with the County of Orange for Public Safety Realignment and Postrelease
Community Supervision cost reimbursement in the amount of $144,434, subject to non -
substantive changes approved by the City Manager and City Attorney.
2. Approve an Appropriation Adjustment in the amount of $144,434 for reimbursement costs
from the County of Orange in revenue account (no. 01114002 50506) and appropriate same
to expenditure account (no. 01114420 - various).
DISCUSSION
Assembly Bill 109 ( "AB109 ") became effective on July 1, 2011 and provided for the enactment
of the "2011 Postrelease Community Supervision Act." This Act requires that certain offenders
released from state prison shall be subject to post release community supervision provided by a
county agency designated by each county's board of supervisors. The Orange County Board of
Supervisors designated the Orange County Probation Department ( "OC Probation ") as the
County agency responsible for providing post release community supervision. Funding has
been provided from the State to the County for administration purposes.
In order to best implement this program, The County has requested enhanced law enforcement
services from the Santa Ana Police Department. OC Probation shall reimburse the City of Santa
Ana for providing these services and incurring authorized expenditures as needed to achieve
the objectives of the public safety realignment plan. These funds are retroactive to July 1, 2013
and will reimburse the City for approximately 83% of a full time police officer.
20A -1
AB 109 MOU and Appropriation Adjustment
December 2, 2013
Page 2
FINANCIAL IMPACT
The Appropriation Adjustment will enhance the AB 109 Reimbursement revenue account (no.
01114002 50506) and increase the Police Department Field Operations account (no.
01114420 - various) by $144,434.
APPROVED AS TO FUNDS AND ACCOUNTS:
1
a tL� ter. Lib
Carlos Rojas Francisco Gutierrez
Acting Chief of Police Executive Director /
Police Department Finance & Mgt. Services Agency U /+'
20A -2
MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA
AND
THE COUNTY OF ORANGE
FOR
PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION
COST REIMBURSEMENT TO LOCAL LAW ENFORCEMENT AGENCIES
FOR ENHANCED SERVICES AND OTHER AUTHORIZED EXPENDITURES
This Memorandum of Understanding, hereinafter referred to as "MOU," entered into on
, 2013, which date is enumerated for purpose of reference only, is by
and between the City of Santa Ana, acting on behalf of its Police Department ( "City "), and the
County of Orange, a political subdivision of the State of California, acting on behalf of the
Orange County Probation Department ("County.,,)
RECITALS
WHEREAS, Assembly Bill ( "AB 109 "), titled "2011 Realignment Legislation Addressing
Public Safety," became effective on July 1, 2011 and provided for the enactment of the "2011
POStrelease Community Supervision Act;"
WHEREAS, the 2011 Postrelease Community Supervision Act requires that certain
offenders released from State prison shall be subject to postrelease community supervision
provided by a county agency designated by each county's board of supervisors, as specified in
section 3450 of the Penal Code and as added by AB 109;
WHEREAS, the Orange County Board of Supervisors, pursuant to Resolution No. 11-
111, designated the Orange County Probation Department ( "OC Probation ") as the County
agency responsible for providing postrelease community supervision;
WHEREAS, on October 18, 2011 the Orange County Board of Supervisors accepted the
Orange County Public Safety Realignment and Postrelease Community Supervision 2011
Implementation Plan ( "PCS 2011 Implementation Plan") developed by the Orange County
Community Corrections Partnership ( "OCCCP ") and approved by the OCCCP Executive
Committee, as required under AB 109 and subsequent related legislation;
WHEREAS, the Fiscal Year 2013 -14 Final Budget Resolution, with funding allocations
of State appropriation for the continuing implementation of ABI09 for enhanced services and
other authorized expenditures for local law enforcement agencies were presented to, and
approved by the Orange County Board of Supervisors on June 24, 2013;
WHEREAS, the parties to this MOU wish to establish the cost reimbursement policies,
procedures and requirements pertaining to City's provision of enhanced services and expenditures
of its AB 109 funding allocation for Fiscal Year 2013 -14, and for subsequent fiscal years thereto.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
20A -3
Cost Reimbursement MOU City of Santa Ana Page 2 of 13
1.0 TERM
The initial term of this MOU shall be effective retroactively from July 1, 2013, through
June 30, 2014, with approval by the Orange County Board of Supervisors. Thereafter, this
MOU may be renewed for succeeding 12 -month fiscal year periods of July 1 through June
30, without further action by the Orange County Board of Supervisors, on the same terms
and conditions and upon mutual written agreement between City and OC Probation, subject
to:
1.1 New or additional funding appropriated to the County by the State legislature for the
continuing implementation of AB 109 and subsequent related legislation;
1.2 Acceptance by the Orange County Board of Supervisors of the State appropriation
for the continuing implementation of AB109 and subsequent related legislation, for
inclusion in the County's budget for each fiscal year covered by this MOU; and
1.3 Approval by the Orange County Board of Supervisors of the funding allocations of
such State appropriation to local resources and needs, including amounts that may be
reimbursed to City for enhanced law enforcement services and other authorized
expenditures.
2.0 POPULATIONS SERVED
2.1 New Populations under County Jurisdiction: Beginning October 1, 2011, AB 109 and
subsequent related legislation, as implemented by County, placed the following
populations under County jurisdiction and supervision by OC Probation:
2.1.1 Persons released from prison on postrelease community supervision (,,PCs,,)
instead of parole, consisting of non - violent, non - serious and non high -risk
sex offenders as defined by the California Department of Corrections and
Rehabilitation.
2.1.2 Persons who have committed felonies and now sentenced to County jail
Pursuant to subdivision (h) of Penal Code section 1170 instead of State
prison, who may also be placed on mandatory supervised release.
2.2 Information on New Populations under County Jurisdiction, OC Probation will
provide City with a "Notice of Supervision" with regard to individuals scheduled by
the State for PCS release, as described in section 2.1.1 herein, Requests for
information on particular individuals placed on mandatory supervised release, as
described in section 2.1.2, may be directed to OC Probation, as needed.
3.0 SCOPE OF ITEMS REIMBURSABLE TO CITY
Under this MOU, OC Probation shall compensate City for providing enhanced law
enforcement services and incurring related expenditures directly related thereto, which shall
consist of, but not be limited to, the following:
3.1 Overtime Services- At various times that are mutually agreed upon and determined
necessary to achieve the objectives of public safety realignment and other purposes
related to AB 109, City shall provide the number of law enforcement personnel
20A -4
Cost Reimbursement MOU City of Santa Ana Page 3 of 13
requested by OC Probation, or by City, in order to check the compliance of offenders,
described in section 2.1 herein, with their conditions of supervision. City law
enforcement personnel shall accompany OC Probation peace officers in conducting
activities, commonly termed as "sweeps," outside of regular work hours, and as more
fully described in section 5.2.2 of this MOU.
3.2 Services of Dedicated Personnel• City may, at its discretion and with written
notification to OC Probation, assign personnel to perform law enforcement services
under this MOU, during their normal work hours as regular -time services, and
additionally outside of their normal work hours as overtime services, as more fully
described in section 5.2.3 of this MOU.
3.3 Other Authorized Expenditures: City may claim reimbursement for operating
expenses directly related to the provision of services under this MOU. Allowable
and claimable operating expenses shall include, but not be limited to, professional
and technical training, equipment, general supplies, travel, and mileage, all as they
directly relate to AB 109 and the objectives of public safety realignment, services
rendered, or authorized expenditures incurred under this MOU.
4.0 AMOUNTS REIMBURSABLE TO CITY
OC Probation shall reimburse City for providing enhanced law enforcement services and
incurring authorized expenditures under this MOU, as needed to achieve the objectives of
public safety realignment, in accordance with the following guidelines:
4.1 Funding Allocation to Cam:
4.1.1 As approved by the Orange County Board of Supervisors for the period July
1, 2013 through June 30, 2014, City shall be reimbursed up to a maximum
amount of $144.434. Such amount is part of, and included in the total
maximum funding allocation of $565,048 to local law enforcement agencies,
as specified in Attachment 1 ( "Local Law Enforcement PCS Funding
Allocation: July 1, 2013 through June 30, 2014 ") of this MOU.
4.1.2 For succeeding 12 -month fiscal year periods of July 1 through June 30, and
subject to new or additional State funding as described in section 1 of this
MOU and allocated by the Orange County Board of Supervisors, City's
funding allocation shall be specified in a written document renewing this
MOU, as mutually agreed upon and signed by both parties.
4.2 Total Funding Allocation to Local Law Enforcement Agencies
During any 12 -month fiscal year period of July 1 through June 30 that this MOU is in
effect, City and all other local law enforcement agencies will be individually
compensated solely from and within the total maximum State funding allocation
recommended by the OCCCP Executive Committee and approved by the Orange
County Board of Supervisors for enhanced law enforcement services and other
authorized expenditures, until such amount is depleted. Any remaining balance at the
end of a fiscal year will carry over to the following fiscal year, starting with the July
1, 2014 through June 30, 2015 fiscal year.
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Cost Reimbursement MOU City of Santa Ana Page 4 of 13
5.0 RESPONSIBILITIES OF PARTIES
5.1 County, through OC Probation, shall:
5.1.1 As needed, and subject to the provisions of section 8 of this MOU,
periodically deploy OC Probation peace officers to City police department
facilities, to act as liaison for ensuring proper coordination of activities under
the PCS 2011 Implementation Plan and succeeding PCS Updates, including
the services provided by City under this MOU
5.1.2 Request overtime services from City to conduct activities commonly termed
as "sweeps," as needed to accomplish specific objectives, pursuant to section
5,2.2 herein
5.1,3 Coordinate the scheduling of such overtime services with City's designated
law enforcement personnel
5.1.4 In advance of scheduled overtime services, provide specific information to
City law enforcement personnel identifying the names, addresses, and known
associations of the intended sweep subjects
5.1.5 Provide County vehicles for OC Probation peace officers assigned to
accompany City law enforcement personnel in the performance of services
related to this MOU
5.1.6 Conduct periodic meetings and participate in briefing sessions with City law
enforcement personnel
5.1.7 Compensate City for services rendered and other authorized expenditures
incurred under this MOU, in accordance with section 6.0 herein
5.1.8 Oversee the administrative processes for billing and compensation for
services rendered and other authorized expenditures incurred under this
MOU
5.1.9 Financially monitor the usage of the amount annually proposed by the
OCCCP Executive Committee and adopted by the Orange County Board of
Supervisors for enhanced law enforcement services and other authorized
expenditures under this MOU, so as not to exceed the maximum allocation
made available from State funding for each fiscal year
5.2 City, through its Police Department, shall have the following responsibilities with
regard to services and authorized expenditures under this MOU:
5.2.1 General Duties
5.2.1.1 Ascertain the whereabouts of persons described in section 2.1 of
this MOU and known to reside within City's geographical
boundaries, and notify OC Probation when practicable, prior to
conducting compliance checks of any offender, in order to verify
20A -6
Cost Reimbursement MOU City of Santa Ana Page 5 of 13
such individual's identity, active supervision status, and any
relevant conditions of supervision that are to be enforced
5.2.1.2 Make searches and seizures, as appropriate and reasonable
5.2.1.3 Perform surveillance of persons described in section 2.1 in City or
any jurisdiction City has an agreement with pursuant to Penal Code
section 830.1
5.2.1.4 Make arrests for violations of supervision conditions with prior
authorization from assigned OC Probation peace officers, or for
active warrants for persons described in section 2.1
5.2.15 Complete and maintain documentation relating to probable cause,
the circumstances of arrests and new law violations, bookings and
all other pertinent information
5.2.1.6 Provide police vehicles for City law enforcement personnel to
conduct activities under this MOU
5.2.1.7 As appropriate, allow OC Probation peace officers to ride as
passengers in City police vehicles, or to operate the vehicles if City
law enforcement personnel are rendered unable to drive said
vehicles, subject to the provisions of section 9 of this MOU
5.2.1.8 Maintain timekeeping and payroll documentation for overtime and
regular -time services rendered by City law enforcement personnel,
and relevant source documentation such as ledgers, journals,
cancelled checks, receipts, and invoices supporting the submittal of
other authorized expenditures incurred by City under this MOU
5.2.2 Overtime Services: With regard to overtime services rendered pursuant to
section 3.1 of this MOU:
5.2.2.1 Advise OC Probation of the number of City peace officers
scheduled to perform the overtime services requested by OC
Probation
5.2.2.2 Notify OC Probation of City's own need to perform overtime
services over and above those requested by OC Probation
5.2.2.3 If necessary and in advance of the scheduled overtime services,
and subject to approval by OC Probation, request that certain
individuals under PCS be added to the scheduled sweep, including
the reasons for such request
5.2.2.4 Make a room available for the parties to participate in briefing
sessions prior to and upon completion of scheduled activities, or at
any other times as may be required, subject to the provisions of
section 8 of this MOU
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Cost Reimbursement MOU City of Santa Ana Page 6 of 13
5.2.3 Services of Dedicated Personnel, With regard to regular -time and overtime
services rendered by personnel dedicated to perform activities under this
MOU:
5.2.3.1 Provide written notification of such dedicated personnel
assignments to OC Probation, for coordination of services and
reimbursement procedures under this MOU, by mail, fax or e-mail,
as follows:
Orange County Probation Department
Attention: Director of Postrelease Community Supervision
Division
P.O. Box 10260
Santa Ana, CA 92711
Fax: 714.558.6329
E -mail: Rita Roberts@nrob ocgov com
5.2.3.2 Notify the assigned OC Probation peace officers of each law
enforcement contact made with offenders, the nature and
circumstances of such contact, and any actions taken or continuing
therefrom, as soon as practicable after the occurrence of such
contact
5.2.3.2.1 For expediency and efficiency in communication and
response times, the preferred method of notification to
OC Probation under this section shall be through
COPLINK. If reporting via COPLINK is not available,
notification may be done by telephone to the assigned
OC probation peace officers, or as described in section
5.2.3.1 above.
5.2.3.3 Provide quarterly statistical and progress reports to OC Probation
of law enforcement activities undertaken under this MOU
5.2.3.4 Attend periodic meetings as requested by OC Probation, or
schedule meetings with OC Probation as needed
6.0 COMPENSATION
County shall compensate City for salaries and benefits paid by City to law enforcement
personnel assigned to perform services under this MOU, as follows:
6.1 Regular Position- The law enforcement personnel assigned by City to perform
services under this MOU shall consist of full -time employees of City in regular
positions, whose normally assigned work hours equal a full work period.
6.1.1 A regular position shall mean a position established on a permanent year -
round basis and requiring work on a schedule designated by City as a normal
work schedule.
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Cost Reimbursement MOU City of Santa Ana Page 7 of 13
6.2 Overtime Services: : Law enforcement personnel may be assigned by City to perform
services under this MOU, pursuant to section 3.1 herein, during hours that are in
excess of an employee's normal work schedule in a regular work period. County
shall pay City for overtime services rendered by such personnel at one and one -half
(1 -1/2) times their hourly rate, multiplied by the number of hours of service actually
provided during the billing period.
6.3 Services of Dedicated Personnel: Law enforcement personnel may be dedicated by
City to perform services under this MOU, pursuant to section 3.2 herein, during their
normal work hours as regular -time services, and additionally outside of their normal
work hours as overtime services. County shall pay City for regular -time services
rendered by such personnel at their hourly rate, and for overtime services at one and
one -half (1 -1/2) times their hourly rate; both as multiplied by the number of hours of
service actually provided during the billing period.
6.4 Claiming Methodology_ For purposes of submitting reimbursement claims to OC
Probation under section 7.0 herein, City shall use its own methodology for
calculating hourly rates, as applicable to regular time or overtime hours recorded by
law enforcement personnel assigned to perform services under this MOU. When
submitting invoices to OC Probation under section 7.1 herein, City may include the
benefits associated with the regular time or overtime hourly rates applicable to the
claimed services, or show such benefits as a separate line item.
6.5 No Supplantation: City acknowledges its understanding that: (a) the services
rendered by law enforcement personnel assigned to perform services under this MOU
have not previously been, or otherwise will be funded by City; and (b) employee
compensation for said services does not supplant or replace any other City- funded
work hours.
6.6 At all times during any particular action under this MOU, each party's employees
shall conform to his or her respective departmental policies, requirements and
procedures. Each party will operate under the direction of its respective chain of
command. No party is responsible for the actions of another party's personnel. Any
evaluation and investigation of any complaints regarding any party or its personnel
shall be referred to the party at issue.
7.0 FINANCIAL ACCOUNTABILITY
7.1 OC Probation's Fiscal Services Unit shall issue instructions to City for claiming
reimbursement of expenses under this MOU. City shall submit invoices for services
rendered and authorized expenditures incurred under this MOU, accompanied by the
source documents described in sections 5.2,1.8 and 6.4 herein, with the following
minimum information:
7.1.1 Date of service and/or expenditure
7.1.2 Name(s) of City law enforcement personnel who rendered the services, with
their hourly and overtime rates, and number of service hours performed,
pursuant to the methodology described in section 6.4 herein
20A -9
Cost Reimbursement MOU City of Santa Ana Page 8 of 13
7.13 Operating expenses, itemized as directly related to the provision of services
under this MOU
7.1.4 City's name and address
7.1.5 City's remittance address, if different from above
7.1.6 City's federal taxpayer identification number
7.1.7 Invoice number or some identifying tracking number specified by City
7.1.8 "Bill To" section in accordance with section 7.2 below
7.1.9 Statement from City's designated representative for this MOU, to read: "I
hereby certify to the appropriateness of the costs claimed and that these costs
have not been reimbursed by revenue, income, or grants from any other
source."
7.2 City's invoices shall be mailed to the following address, with the same "Bill To"
information included in the invoice:
Orange County Probation Department
Attention: Fiscal Services Unit
P.O. Box 10260
Santa Ana, CA 92711
7.3 City may submit invoices claiming reimbursement for services rendered and
authorized expenditures incurred under this MOU on a monthly basis, or quarterly at
a minimum.
7.3.1 For each fiscal year of July 1 through June 30 that this MOU is in effect,
final claims for reimbursement of services rendered and authorized
expenditures incurred by City shall be submitted for receipt by OC Probation
no later than July 5 immediately following.
7,4 Payment by County to City will be within 30 days of receipt of an invoice in the
format specified in section 7.1 herein, as verified and approved by the OC Probation
PCS Division Director, and subject to routine processing requirements. City agrees
to accept such compensation as full remuneration for services rendered and
authorized expenditures incurred under this MOU and for any reasonably unforeseen
difficulties or risks which may arise or be encountered in the performance of services
under this MOIL.
7.5 County reserves the right to verify City's source documents related to the provision of
services and authorized expenditures incurred under this MOU. Auditors of the
County, OC Probation, and State shall have access to information, documents, papers
and records of City, which are determined to be pertinent specifically to this MOU,
for the purpose of making an audit, evaluation, excerpts and transcripts.
Furthermore, OC Probation shall have the right to audit claims submitted for
reimbursement by City, if a subsequent audit determines that certain costs and
expenses claimed by and reimbursed to City are not allowable. City shall reimburse
20A -10
Cost Reimbursement MOU City of Santa Ana Page 9 of 13
OC Probation for any such disallowed amounts.
8.0 LICENSE TO USE CITY REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, City hereby grants to County rent -free
use of office space, office furniture, and office equipment located in the offices of the City
Police Department. Said office space, furniture and equipment shall be used solely by
personnel of City and OC Probation while performing their assigned duties related to
services under this MOU. The precise location, size and type of said office space, office
furniture and office equipment will be determined by City. City shall supply all repair,
maintenance and janitorial supplies and services to said premises and shall be responsible
for all charges for utilities supplied to said premises.
9.0 PERMISSION TO USE CITY VEHICLES
In consideration of the promises contained herein, City hereby grants to County permission
for OC Probation personnel to operate and to ride as passengers in vehicles owned or leased
by City, as necessary while performing their assigned duties related to services under this
MOU. City shall supply all repair and maintenance services for said vehicles, and shall pay
all fuel costs for said vehicles.
10.0 MUTUAL INDEMNIFICATION
County agrees to indemnify, defend with counsel approved in writing by City, and hold
City, its officers, employees, and agents ( "City Indemnitees") harmless from any claims,
demands or liability of any ]find or nature, including but not limited to personal injury or
property damage, arising from or related to the services, or other performance provided by
County pursuant to this MOU. City's approval of counsel shall not be unreasonably
withheld. If judgment is entered against County and City by a court of competent
jurisdiction because of the concurrent active negligence of City or City Indemnitees,
County and City agree that liability will be apportioned as determined by the court. Neither
party shall request a jury apportionment. This indemnification shall commence on the
effective date of this MOU and shall continue thereafter for any and all causes of action
accruing during the term of this MOU.
City agrees to indemnify, defend with counsel approved in writing by County, and hold
County, its elected and appointed officials, officers, employees, agents and those special
districts and agencies for which County's Board of Supervisors acts as the governing board
( "County Indemnitees") harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or
related to the services, or other performance provided by City pursuant to this MOU.
County's approval of counsel shall not be unreasonably withheld. If judgment is entered
against City and County by a court of competent jurisdiction because of the concurrent
active negligence of County or County Indemnitees, City and County agree that liability
will be apportioned as determined by the court. Neither party shall request a jury
apportionment. This indemnification shall commence on the effective date of this MOU
and shall continue thereafter for any and all causes of action accruing during the term of this
MOU.
20A -11
Cost Reimbursement MOU City of Santa Ana Page 10 of 13
11.0 PROTECT MANAGEMENT
The OC Probation PCS Division Director shall manage and oversee the operation and
administration of this MOU pursuant to the terms and conditions contained herein. The
PCS Division of OC Probation shall coordinate with City law enforcement personnel with
regard to the activities covered under this MOU.
12.0 CONTINGENCY OF FUND
City acknowledges that funding or portions of funding for this MOU may be contingent
upon State budget approval, receipt of funds from, and/or obligation of funds by the State to
County; and inclusion of sufficient funding for the services hereunder in the budget
recommended by the OCCCP and approved by the Orange County Board of Supervisors for
each fiscal year covered by this MOU. If such approval, funding or appropriations are not
forthcoming, or are otherwise limited, County may immediately terminate or modify this
MOU without penalty.
13.0 CONFIDENTIALITY:
City agrees to maintain the confidentiality of County and County - related records and
information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this MOU. All such records and
information shall be considered confidential and kept confidential by City and City's staff,
agents and employees.
14.0 TERMINATION:
Either party may terminate this MOU, with or without cause, upon 30 days' written notice
given to the other party. The obligations pertaining to indemnification for, or defense of
causes of action accruing during the term of this MOU, shall extend beyond the termination
of this MOU until fully performed.
15.0 NOTICES:
Any notices required or permitted to be given under this MOU shall be in writing and
addressed as follows:
Notices to City:
Santa Ana Police Department
Attention: Chief of Police
60 Civic Center Plaza
Santa Ana, CA 92701
Notices to County
Orange County Probation Department
Attention: PCS Division Director
P.O. Box 10260
Santa Ana, CA 92711
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Cost Reimbursement MOU City of Santa Ana Page 11 of 13
16.0 ALTERATION OF TERMS:
This MOU fully expresses all understanding of the parties, and is the total agreement
between the parties as to the subject matter of this MOU. No addition to, or alteration of
the terms of this MOU by the parties, whether written or verbal, shall be valid unless made
in the form of a written amendment to this MOU, which is formally approved and executed
by both parties.
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20A -13
Cost Reimbursement MOU City of Santa Ana
Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized officers.
CITY OF SANTA ANA
See Attached Dated:
APPROVED AS TO FORM:
P l ity Attorney
COUNTY OF ORANGE:
Attest:
Dated:
By Dated:../ 0 / L,� zai3
to . Sentman
Chief Probation Officer
Cities AD 109 MOU 7 -1 -13 to 6 -30 -14
20A -14
ATTEST:
MARIA HUIZAR
Clerk of the Coimcil
RECOMMENDED FOR APPROVAL:
cok A�
—�
Carlos Rojas
Acting Chief of Police
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
20A -15
Cost Reimbursement MOU City of Santa Ana Page 13 of 13
ATTACHMENT 1
LOCAL LAW ENFORCEMENT PCS FUNDING ALLOCATION
July 1, 2013 through June 30, 2014
City /Agency Allocation
Orange County Sheriff's
Department Unincorporated
area and Contract Cities *
64,940
Anaheim
94,050
Brea
4,479
Buena Park
13,809
Costa Mesa
32,097
Cypress
7,091
Fountain Valley
6,345
Fullerton
30,977
Garden Grove
40,680
Huntington Beach
27,618
Irvine
11,570
La Habra
11,196
La Palma **
_0_
Laguna Beach
2,613
Los Alamitos
1,866
Newport Beach
5,598
Orange
30,230
Placentia
7,464
Santa Ana
144,434
Seal Beach
1,866
Tustin
9,330
Westminster
16,795
TOTAL
565,048
* The allocations for the Orange County Sheriff's Department include the allocations
that would have previously gone to the City of Yorba Linda, as that is now a Contract
City.
** For the period July 1, 2013 through June 30, 2014, there is no funding allocation for
La Palma, due to the fact that no Probation - supervised, AB 109 offenders reside
within that jurisdiction. In the event this situation changes, local law enforcement
representatives can propose a change in the allocation percentages to individual cities
for consideration and approval by the CCP in future fiscal year allocation plans. At
that point, Probation will develop an MOU with the City of La Palma, following
OCCCP's approval of a funded allocation.
20A -16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
APPROPRIATION
ADJUSTMENT ACCEPTING
CALIFORNIA ENDOWMENT
GRANT FUNDING
C
CITY MANAG
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an appropriation adjustment recognizing California Endowment Program funding in the
amount of $20,000 in revenue account (no. 02414002 57081) and appropriate same to
expenditure accounts (nos. 02414410 - various).
DISCUSSION
The California Endowment, a private statewide health foundation created in 1996, provides
grant funding to Building Healthy Communities network programs throughout the state. Building
Healthy Communities is a 10 -year, $1 billion program of the California Endowment. Fourteen
communities across the state are taking action to improve the health of community members.
They are doing this by improving employment opportunities, education, housing, neighborhood
safety, unhealthy environmental conditions, access to healthy foods and more. The goal is to
create places where children are healthy, safe and ready to learn.
The Santa Ana Police Department has been awarded a grant of $20,000 from the California
Endowment Foundation for this program. This funding will continue to provide the Police
Department resources to focus on community outreach efforts within the Building Healthy
Communities target area. The focused outreach will capitalize on three proven and effective
programs, the Parent Academy, the Jr. COP Program, and the Teen Academy, The
Department will partner with schools and neighborhood associations to determine the locations
that will best benefit from the programs. The grant will provide $10,000 for program supplies
and $10,000 for officer overtime.
FINANCIAL IMPACT
The appropriation adjustment will enhance the Police Special Revenues account (no. 02414002
57081) by $20,000 and increase the expenditure accounts (nos. 02414410 - various) by same.
Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez rnbi
Executive Director
Finance & Mgt. Services Agency
20B -1
20B -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
APPROPRIATION ADJUSTMENT FOR
CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS LAW
ENFORCEMENT FUNDING
f�2 Z
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment recognizing $179,216 in Local Assistance law enforcement
funds from the California Board of State and Community Corrections in the Police Block Grants
revenue account and appropriate same to the grant expenditure account.
DISCUSSION
Legislation associated with the California 2011 Budget Act established the Board of State and
Community Corrections (BSCC) as an independent entity, effective July 1, 2012. The BSCC
assumed the previous functions of the Corrections Standards Authority, as well as other public
safety programs previously administered by the California Emergency Management Agency.
As part of the 2013 State Budget Act, $27.5 million for Local Assistance was appropriated for city
police departments, with the allocation formula to be developed by the BSCC in consultation with
the Department of Finance. The California Police Chiefs Association (CPCA), on behalf of local
law enforcement agencies, presented to the BSCC an allocation formula based upon the regional
needs in each county. In its proposal, the CPCA proposed that the funds could be used
regionally and in cooperation with other agencies, and with a focus on serious, violent crimes and
habitually non - compliant offenders. The Santa Ana Police Department proposes to use its
appropriation to fund overtime, crime analysis systems, and equipment in support of this effort.
Orange County agencies were allocated a total of $1.64 million, with the Santa Ana Police
Department receiving $179,216.
FISCAL IMPACT
The appropriation adjustment will recognize $179,216 in Local Assistance law enforcement funds
from the California Board of State and Community Corrections in the revenue account (no.
12814002 52027) and appropriate same to expenditure account (no. 12814413 - various).
U""'
Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
20C -1
20C -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
AGREEMENT AND APPROPRIATION
ADJUSTMENT ACCEPTING 2013
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT FUNDING
ITY ANAGE r 111�
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
UA'•C• W
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing 2013 Edward Byrne Memorial Justice
Assistance Grant funding in the amount of $93,501 into the Byrne Justice Assistance revenue
account (no. 12814002 - 52001) and appropriate same to expenditure account (no. 12814409 -
various).
2. Authorize the City Manager and the Clerk of the Council to execute an agreement with the
County of Orange, Sheriff's Department to provide 2013 Edward Byrne Memorial Justice
Assistance Grant Program funds in the amount of $93,501, subject to non - substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal
criminal justice funding to state and local jurisdictions. It is a formula grant that blends the
previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. JAG
requires a single unit of county government to function as the applicant/fiscal agent to apply for,
receive, and administer the funds on behalf of the entire county. A memorandum of
understanding designated the County of Orange, Sheriff - Coroner Department as the lead agency
for this program.
For FY 2013, $115,433 has been allocated for Santa Ana. JAG allows the fiscal agent for each
county to use a portion of the award for costs associated with administering the funds. The
Orange County Sheriff - Coroner Department will retain $10,389 (9.0 percent) for administrative
fees. JAG also allows the lead agency to retain 10 percent of the total funding, or $11,543, to
support the Orange County Pro - Active Methamphetamine Laboratory Investigative Team. The
Police Department concurs with this use of funds, as the ProAct Team's work benefits Santa
Ana. The remainder of the funds in the amount of $93,501 will be utilized by the Police
Department for overtime and to support gang suppression and /or prevention programs.
20D -1
2013 JAG Agreement and AA
December 2, 2013
Page 2
FISCAL IMPACT
The appropriation adjustment will recognize 2013 Edward Byrne Memorial Justice Assistance
Grant funding in the amount of $93,501 into the Byrne Justice Assistance revenue account (no.
12814002 - 52001) and appropriate same to expenditure account (no. 12814409 - various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Carlos Rojas Francisco Gutierrez r r(JJ
Acting Chief of Police Executive Director
Police Department Finance & Mgmt. Services Agency
20D -2
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AGREEMENT TO TRANSFER FUNDS
FOR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM
THIS AGREEMENT is entered into this day of 2013, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY ", and
, a municipal corporation, hereinafter referred to as
"SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff - Coroner Department, hereinafter referred to
as SHERIFF, in its capacity as the lead agency on behalf of twelve units of local government, including
SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial
Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance (hereinafter referred to as "the grant ").
WHEREAS, the purpose of the grant is to supplement the resources available to the multi
agency Orange County Pro- Active Methamphetamine Laboratory Investigative Team (PROACT), and
to various programs designated to prevent and control crime within the County of Orange that are
operated by individual agencies included in the above - referenced twelve units of local government, as
set forth in Attachment A hereto ( "Program Narrative "), which is attached hereto and incorporated
herein by reference.
WHEREAS, the terns of the grant require that certain grant funds be transferred to
SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical
assistance, strategic planning, research & evaluation, data, collection, training, personnel, equipment,
forensic laboratories, supplies, contractual support, and information systems for law enforcement, as
more particularly described in Attachment A hereto.
28
CFDA 16.738
FY2013 JAG Progrnin
11.5. Department of .Justice
Page 1 of 5
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS;
1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
required information and documentation, as set forth in Attachment B hereto ( "How to Apply for JAG
I Grant Reimbursements "), which is attached hereto and incorporated herein by reference. In no event
will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed
SUBGRANTEE's allocation, as set forth in Attachment C hereto ( "JAG Program Allocation "), which is
attached hereto and incorporated herein by reference.
2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter
called "grant property and equipment "] or to perform such other grant functions, if any, for which
Attaclunent A specifies that SUBGRANTEE may utilize grant funds.
3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment
only for grant purposes in accordance with Attachment A hereto.
4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
I information in accordance with requirements set out in Attachment D ( "Edward Byrne Memorial Justice
Assistance Grant Reporting Requirements "), which is attached hereto and incorporated herein by
reference.
CFDA 16.738
FY2013 JAG Progrmn
U.S. Department ofkistlee
Page 2 of 5
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7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are
attached hereto as Attachment E ("FY 13 Grant Award & Special Conditions ") and incorporated herein
by reference.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto.
SUB GRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
hereunder.
10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant fluids, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, D and E hereto, and from any and all claims and losses accreting or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, D and E hereto.
11. No alteration or variation of the terms of this Agr=nent shall be valid unless made in
writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
12. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
13. For a period of three years after final payment hereunder or until all claims related to
this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in
accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time
CFDA 16.738
FY2013 JAG Program
U.S. Department of Justice
Page 3 of 5
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period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
agency frm which COUNTY received the grant finds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
request, during usual working hours.
14. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies,
15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perfoim any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time
and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
//
//
//
CFDA 16,738
FY2013 JAG Progmin
U.S. Deparhnent of Justice
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 9 _, 2013
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole Sims, Deputy
DATED: _g111 '2013
ATTEST:
By
City Cleric
DATED: .2013
CFDA 16.738
FY2013 JAG Progiam
Us, Department orJustice
COUNTY OF ORANGE, a
subdivision of the State of (
al
Sandra Hutchens; Sheriff-Coroner
Sheriff- Coroner Department
"COUNTY"
SUBGRANTEE
By
DATED:
David Cavazos, City Manager
City of Santa Ana
2013
PROVED AS TO FORM
Laura A. Rossini
Assistant City Attorney
Pago 5 of 5
20D -7
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Acting Chief of Police
r10
ATTACHMENT A 2013 -DJ -BX -1065
BJA FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
PROGRAM NARRATIVE
General Description of Program Activities;
The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad
range of activities to prevent and control crime within the County of Orange. The County of Orange has
been certified disparate; therefore, this joint application includes twelve units of local government for
which the applicant and fiscal agent is the County of Orange.
The JAG funds will be utilized for the program/putpose areas outlined in the grant solicitation. The
twelve units of local government in the jurisdiction will utilize the funds for law enforcement, local
initiatives, technical assistance, strategic plamring, research & evaluation, data collection, trailing,
personnel, equipment, forensic laboratories, supplies, contractual support and information systems for
program areas. The JAG funds support all components of the criminal justice system, from multi -
jurisdictional drug and gang task forces to crime prevention programs, prosecution and court, corrections,
drug treatment and enforcement and technology improvements. The expenditure details of the funds for
each city are outlined in the following narrative.
2013- .DJ -BX -1065 Page 1 of 29
20D -9
ATTACHMENT A 2013 -DJ -BX -1065
Multl- Auencv Tundine:
In a collaborative effort to benefit the County of Orange, the sixteen units of local government involved in
this grant application have agreed to utilize $23,216 (approximately 5.52 %) of the total funding to
supplement the multi jurisdictional Orange County Pro - Active Methamphetamine Laboratory
Investigative Team, hereafter referred to as PROACT.
Program Narrative:
Outline the Proposed program activities —
Methamphetamine is traditionally the primary drug investigated by local, state, and federal law
enforcement agencies within the boundaries of Orange County. Successful clandestine methamphetamine
laboratory prosecutions require acquired expertise and are especially time consuming and labor intensive.
Local law enforcement agencies do not have the resources, specialized training, or safety equipment
required to conduct the specialized investigations required to combat these types of operations The labs
themselves are toxic and explosive in nature. Children of clandestine laboratory operators and meth users
are often forced to live in an environment of toxic chemicals with lasting effects on their overall physical
and mental health, PROACT has traditionally responded to investigate all clandestine laboratory incidents
within Orange County while maintaining a close investigative liaison with those local agencies. These
agencies are able to forward clan lab intelligence to PROACT for review, evaluation, and subsequent
enforcement action. According to state and local law enforcement agencies, the threat associated with
rnethamphetamine trafficking and abuse exceeds any other drug.
PROACT integrates city law enforcement agencies, the Sheriffs Department, the District Attorney's
Office, the CA Bureau of Investigation, the Probation Department, and Child Protective Services to
conduct criminal investigations of clandestine methamphetamine laboratory operators, suppliers, and
traffickers.
PROACT personnel will initiate investigations, conduct covert surveillances, conduct parole and
probation searches, execute search warrants, and arrest criminal perpetrators. PROACT has previously
distinguished itself by focusing on disrupting and eliminating individuals and criminal cells responsible
for providing both the precursor and essential chemicals that are required to manufacture
methamphetamine. In essence, PROACT has functioned as the highly unique "proactive" effort against
the entire clandestine methamphetamine laboratory hierarchy, within and having a nexus to Orange
County,
Provide a brief'Analysis of the need for the programs —
Precursor chemical smurfing has emerged as the preeminent source of pseudoephedrine for
methamphetamine production throughout the United States. Recent law enforcement investigations
suggest that organized precursor chemical smurftng organizations are supplying necessary quantities of
pscudoephedrine to methamphetamine laboratory operators. These operations are composed of
individuals or "smurfs" who make multiple purchases of products containing pseudoephedrine from
pharmacies, drug stores, and retail outlets. These products are often sold to chemical precursor brokers or
directly to methamplretamine laboratory operators. The success of drug market disruption is duo in large
part to the tireless work of state and local law enforcement agencies and the task forces they comprise.
Methamphetamine- related criminal activity has increased concurrently with the rise in the overall threat
posed by the trafficking and abuse of the drug. The impact of the manufacturing, trafficking, and use of
2013 -DJ -BX -1065 Page 2 of 29
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ATTACHMENT A 2013 -DJ -BX -1065
methamphetamine has been devastating to many cities and rural counties throughout the country. State
and local law enforcement agencies identify methamphetamine as the drug that most contributes to
violent crime, .
Methamphetamine critical incidents occurring in Orange County have and continue to represent the
majority of all narcotic incidents occurring within the county.
Goal:
The goal of the PROACT Task Force is to pro - actively seek out and disrupt clandestine
methamphetamine lab operators and methamphetamne trafficking organizations in Orange County,
thereby providing a safer community for the residents, employees and visitors within the County. The
objectives of the PROACT Task Force are to reduce the availability of mothamphetamfne in Orange
County, improve public safety in Orange County by eradicating hazardous clandestine methamphetamine
labs, and identify, disrupt and arrest suppliers of methamphetamine precursor and essential chemicals.
Strategics to be used for project:
PROACT Task Force persomtel will initiate investigations, conduct covert surveillances, conduct parole
and probation searches, execute search warrants, and arrest criminal perpetrators, PROACT will continue
to focus on disrupting and eliminating individuals and criminal cells responsible for providing both the
essential chemicals that are required to manufacture methamphetamine.
PROACT will continue to utilize innovative investigative techniques in an attempt to identify and
apprehend methamphetamine clandestine laboratory violators. Examples of techniques used include;
reverse stings of laboratory apparatus and essential chemicals; use of court authorized electronic tracking
devices; wiretap investigations, pursuing chemical sources, as well as continuing to assist and enter into
partnerships with all Orange County law enforcement agencies at all levels of pro- active investigations.
PROACT will continue to maintain an on -going training profile in an attempt to stay current with all
progressive case law and new investigative techniques, as well as new safety procedures,
Lastly, the PROACT Task Force subscribes to the philosophy that the existence of methamphetamine
laboratories is defined by a three- pronged cycle of Facilitation, Manufacturing and Distribution.
Subscribing to this philosophy, PROACT will continue to focus on disrupting each of these prongs to the
best of its ability.
Project identifiers:
Meth labs
Fundine:
TOTAL PROACT ALLOCATION (5.52 %): $23,216
2013 -DJ -BX -1.065
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Page 3 of 29
ATTACHMENT A 2013 -DJ -BX -1065
County /OCSD:
The Orange County Sheriff - Coroner Department, Orange County Crime Laboratory proposes to
use the 2013 Justice Assistance Grant Program funding as follows:
Purpose Areas:
Law Enforcement
Program Narrative:
The Orange County Crime Laboratory (OCCL) is a full service forensic laboratory providing extensive
identification and analytical support to all law enforcement agencies, the Orange County Sheriff, and the
Coroner Division of the Sheriff Department in the County of Orange. In 2012 the OCCL provided
forensic support and analysis on over 34,000 cases; over 180,000 exams were conducted on nearly 64,000
items of evidence. The laboratory's scope of forensic responsibilities is broad and includes such areas as
crime scene investigation, firearms examination, toxicological testing of biological samples from
impaired driving cases, drug facilitated sexual assault, and death investigations. The laboratory is seeking
grant funds to improve and update technology utilized in its Identification, Critninalistics and Forensic
Chemistry Bureaus.
The Identification Bureau (responsible for crime scene response, documentation and collection of
physical evidence, and latent print processing and comparison) requests the purchase of two gas powered
portable generators and associated supplies to power overhead lights for crime scenes at night. Many
scenes are in remote locations where evidence collection and documentation is conducted in very low
lighting. Generator power is needed to run lights that improve the laboratory's ability to effectively
process these types of crime scenes.
The Firearms Section of the Critninalisties Bureau in the OCCL uses camera technology on 15 year -old
comparison microscopes. The Section requests funds to update these cameras. The compari
fi son
microscopes and related cameras assist with forensic tool -mark, cartridge case and bullet comparisons, as
well as documenting and evaluating general rifling characteristics. Associated software will be
purchased.
Finally, the Toxicology Section of the Forensic Chemistry Bureau uses computers to evaluate and
examine nzstrlunental data on over 6,900 cases annually. The computers currently in use by the section
are over 7 years old. Updating the computers will enable the section to use faster and more efficient
operating systems, and communicate with newer instrumental software programs.
2013 -DJ -BX -1065
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Page 4 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Goals of the project:
The project goals are to update equipment and technology for the OCCL. Providing generator power
enables the laboratory to conduct evidence collection and crime scene investigation in remote locations,
and in night, improving service to County law enforcement agencies. Updating computer and camera
technology improves efficiency and quality of analysis for both the Toxicology and Firearms Sections of
the laboratory. This in turn improves the quality and timeliness of service provided to our law
enforcement stakeholders.
Strate2les to be used for project:
Each year the Orange County Crime Laboratory supports over 30 law enforcement agencies throughout
the County. Improved technology enhances the quality of service; and specifically for this project, will
enhance crime scene response, firearms and tool mark examinations, and instrumental data evaluation in
forensic toxicology casework.
Proiect identifiers:
Crime Laboratory
Equipment — Forensic
Computer software /hardware
Firearms
Impaired Driving
Budget and Budget Narrative:
JAG funds will be utilized to purchase two gas powered generators and associated supplies for
rernote crime scene response. Additionally, the funds will be used to purchase an updated
comparison microscopes camera for firearms and tool marks examinations, and thirteen
computers for toxicology instrumental data evaluation. All purchases requested are for
equipment. Any funds exceeding the 2013 JAG award will be paid from our general fund,
• Gas powered portable generators (2), minimum of 3,000 Watts - $1,800
• E -ZEE link extension cords (20) for crime scene vans — $1,000
• Leica MC170 HD Carnera and Software Kit (1) - $4,800
• Dell OptiPlex 9010 Desktop Computer with Standard PSU (13) - $10,300
Total: $17,900
2013 -DJ -BX -1065
20D -13
Page 5 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Timeline and/or project Ulan:
Once the fiends are received and made available by the County Board of Supervisors' approval
process, the equipment requested will be purchased. All purchases must go through the required
County purchasing process and may be subject to competitive public bid. The difference in the
cost of the project and the JAG funds, if received, will be offset with Orange County Crime
Laboratory Division funds, All purchases will be completed in FFY 13 -14.
Funding:
Total Allocation: $16,672
PROACT Contribution: (10 %) $1,667
Administrative Fee (9 %): $1,500
Funds Retained by City /County: $13,504
2013 -DJ -BX -1065
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Page 6 of 29
ATTACHMENT A 2013 -DJ -BX -1065
City: Anaheim
The City of Anaheim proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Law Enforcement
Program Narrative:
The Anaheim Police Department (APD) would like to use JAG funds to support the overtime expenses of
the Department's frontline sworn personnel in the following divisions: Operations, Operation Support,
hrvestigations, and Special Operations. Tire City's budget conditions for fiscal year 2013 /14 have
decreased APD's overtime budget tremendously. In addition, in the past few years, APD has reduced our
sworn staff in order to meet the City's budgetary goals. Hence, responsibilities for each employee have
increased in order to maintain a safe community. Overtime hours have become an intricate part in
helping APD's personnel work efficiently and effectively. Overtime hours will be assigned to employees
within the four divisions at the discretion of the Department.
Goals of the project:
The Department's project goal is to improve and enhance the community's safety, while working with a
smaller budget, and reduced personnel. In order to accomplish this goal, overtime hours will be assigned
to each employee at the discretion of the Department.
Strategies to be used for project:
Overtime hours will be assigned to each employee at the discretion of the Department. A separate account
code will be assigned specifically for this project, All overtime documents for this project will be
assigned a specific account code. A copy of all overtime documents will be approved by the Department
prior to submittal, A payroll download of all overtime hours and any other required documents will he
included in each reimbursement submitted to the Orange County Sheriff's Department.
Proieetidentifiers:
Overtime for sworn personnel within Anaheim Police Department's four divisions: Operations, Operation.
Support, Investigations and Special Operations.
Budget and Budget Narrative:
Overtime for the Department's personnel will range from $30.00- $90,00 per hour depending on the
position and rank of each employee. Due to budget constraints, APD is currently unable to fully fund the
Department's overtime expenses.
2013 -DJ -BX -1065 Page 7 of 29
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ATTACHMENT A 2013 -DJ -BX -1065
Timeline and /or project plan:
The project goals and objectives wi11 be implemented immediately upon approval of the JAG program
funds and Anaheim's City Council approval to utilize the JAG funds for this project.
Funding:
Total Allocation: $92,011
PROACT Contribution: (4 %) $3,680
Administrative Fee (9 1/6): $ 8,281
Funds Retained by City: $ 80,050
2013 -DJ -BX -1065
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Page 8 of 29
ATTACHMENT A 2013 -DJ -BX -1065
City: Buena Park:
The City of Buena Park proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Law Enforcement
Program Narrative:
Law enforcement agencies, regardless of size, are not immune to rising crime rates, staff shortages and
budget restrictions. Rising crime rates can tax the investigative and administrative resources of an
agency, More crime may mean that fewer cases are pursued vigorously, fewer opportunities arise for
follow -up, or individual caseloads increase from aheady overworked detectives. It is not uncommon for
transfers, retirements or other personnel changes to occur, resulting in lack of follow -up on some cases.
The Buena Park Police Department currently has 27 unsolved homicide cases, commonly referred to as
"cold cases ", some dating back to the year 1970. The Police Department wants to continue a "cold case"
program, utilizing experienced investigators to pursue leads in these cases and track down possible
suspects. The arrest of suspects in one `bold case" may either solve other cases (through new leads and
information from suspects) or prevent new cases (by keeping killers from committing other crimes).
Today, homicide investigators have at their disposal technology, investigative methods and resources that
were not available to law enforcement agencies in the past.
h 2009, the Buena Park Police Department, received approval to use JAG funding for cold case homicide
investigations. These fiords allowed investigators to work with members of the Orange County District
Attorney's Office, to solve a homicide that had occurred in 1987. Through hours and hours of thorough
interviews and sifting through evidence, investigators were finally able to arrest the suspect in 2013 and
he is currently awaiting trial for this crime. This is a success story in every sense of the word.
Coals of the project:
Investigators will review all unsolved "cold case" homicides and prioritize them according to the
likelihood of an eventual solution. The highest priority cases are those hi which suspects were previously
names or identified through forensic methods; an arrest warrant was previously issued (but no arrest has
been made), significant physical evidence (such as fingerprints, DNA or shell casings) can be reprocessed
with new technology for further evidence; new documented leads have arisen and /or critical witnesses are
accessible and willing to cooperate.
Strateeiesto be used for project:
Investigators will review all unsolved "cold case" homicides and prioritize them according to the
likelihood of an eventual solution. The highest priority cases are those in which suspects were previously
names or identified through forensic methods; an arrest warrant was previously issued (but no arrest has
been made), significant physical evidence (such as fingerprints, DNA or shell casings) can be reprocessed
with new technology for further evidence; new documented leads have arisen and /or critical witnesses are
accessible and willing to cooperate.
2013 -DJ -BX -1065 Page 9 of 29
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ATTACHMENT A 2013 -DJ -BX -1065
Project identifiers: See JAG Identifiers (attached)
Law Enforcement
puantifiable Performance Measures:
The most visible measure of "cold case" investigations effectiveness is the number of cases that are
solved by the use of overtone hours paid for using JAG funds. Other internal and external gauges that
will be evaluated will be awareness to the public, families, witnesses and other law enforcement agencies
of our ongoing investigations of these cases. Additionally, the number of investigations handled by the
investigators along with the number of resolutions and successful prosecution will all be indicators of the
effectiveness.
Budeet and Budeet Narrative:
Buena Park P.D. will utilize the 2013 JAG award ($16,580) for homicide investigators to work overtime
on "Cold Case" homicide cases.
Timeline and/or project plan:
Unsolved homicide cases will be investigated on an overtime bases with existing personnel until JAG
funds are exhausted.
Funding:
Total Allocation: $18,220
PROACT Contribution: (0 %) $0
Administrative Fee (9 %): $1,640
Funds Retained by City /County: $16,580
2013 -DJ -BX -1065
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ATTACHMENT A 2013 -DJ -BX -1065
City: Costa Mesa
The City of Costa Mesa proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Planning, Evaluation, and Technology Improvement
Program Narrative:
The Costa Mesa Police Department's proposed program activity is to expand upon an interoperable video
and data. network, linking a top terrorist target retail district to police systems. The South Coast Plaza
(SCP) retail district, located at 3333 Bristol Street and 3333 Bear Street, have been designated by the
Department of Homeland Security (DRS) as the number 10 terrorist soft target among 600 designated
terrorist targets throughout Orange County. A federal ACAMS (Automated Critical Asset Management
Systems) assessment has been conducted at this site. With 25 million customers who frequent this
location annually, it has been deemed by DRS as likely to experience a terrorist -type attack (active
shooter, etc.). JAG award finds will be used to enable streaming live video feed from the retail district's
extensive closed circuit television network to responding police cars via smart tablet devices installed in
the police cars. The department lacks funding to expand its current capabilities with Clio retail district's
CCTV network.
Goals ofProiect:
The department's project goal is to develop an interface between the SCP dispatch center to responding
police cars. The interface would consist of the developed capability of streaming live video — of
monitored activity occurring anywhere in the retail district — to responding patrol cars dispatched to any
locations within the retail district to manage a terrorist type incident. The installation of smart tablet
devices in patrol cars will improve coordination and reduce response times by police and fire personnel
responding to a terrorist -type incident.
Another goal is to develop technology to enable police officers, working at the SCP police substation, to
stream live video (in the same manner described above) to responding police cars dispatched to a
terrorist -type activity at the location. The development of this goal will involve expanding the
capabilities of a "viewing station" located inside the police substation. This viewing station consists of an
array of four flat screen TV's with an accompanying ,joystick "controller" that permits officers to
selectively monitor activity in the location via an array of an extensive CCTV remote camera network
A third goal is to develop the same streaming video capability to mobile smart tablet devices to enable an
interoperable platform to be shared with j oint police and fire agencies during a mutual aid scale incident
occurring at the SCP location, or in the immediate neighboring region, The realization of these goals will
facilitate effective command and control through a centralized, technologically supported incident
command system. Mutual agency Incident Command Staff will, in turn, be able to systematically stage,
assign and deploy mutual aid personnel and assets in a most effective manner.
2013 -DJ -BX -1065 Page 11 of 29
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ATTACHMENT A 2013 -DJ -BX -1065
Strategies to be used for Project:
To accomplish the department's 2013 JAG project goal, the agency will obtain quotes from vendors that
can supply the identified service, technology and/or equipment needed.
Project Identifiers:
1) Electronic Monitoring, 2) System hnprovements
Budget & Budget Narrative:
Preliminary quotes have been obtained for the department's proposed program. The estimated cost is:
$17,800.
CONTRACT:
LexRay Moble Operations Center
LexRay video management system connector
Cost Totals
$12,000.00
Note: Listed item is software /driver to interface with video management (ICMS) system physically
located at 3333 Bristol Street.
LexRay "smart tablet software" provided for (9) smart tablet devices $5,800.00
Note: Listed items are software (user licenses) written to he installed in smart tablet devices, e.g. Ipaa;
smart phone, eta, to enable reception of video streamed from the the 3333 Bristol Street location. This
location encompasses (2) city blocks and has installed a CCTV network array of 200+ remote cameras
related to this project. Costs for the pruchase and installation of all hardware (smart tablets), and
annual costs (cell use rate, LexRay maintenance rate, etc.) related to this project will be incurred by the
City of Costa Mesa.
TOTAL COST $17,800.00
Tirpeline and /or Proleet Plan:
The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City
Council and the department's ability to utilize the JAG allocation for expenditures.
Funding:
Total Allocation: $19,666
PROACT Contribution: (0 %) $ 0
Administrative Fee (9 ° /,): $1,770
Funds Retained by City /County: $17,896
2013 -DJ -BX -1065
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Page 12 of 29
ATTACHMENT A
City: Fullerton
2013 -DJ -BX -1065
The City of Fullerton proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas.
Purpose Areas related to the proposed CCTV (Closed Circuit TV) Project include Law Enforcement,
Prosecution, Corot, Defense; Corrections and Community Corrections; and Planning, Evaluation and
Technology Improvement,
Program Narrative:
Outline the Proposed program activities —
The Fullerton Police Department proposes to use JAG 2013 funds of $25,836 to augment the approved
2012 JAG funding of $28,186 and Police Department asset seizure funds of $91,314 for its CCTV
(Closed Circuit TV) Project, originally estimated at $119,500 by the Communications & Technology
Division of the Orange County Sheriff's Department. However, the three quotes obtained were much
higher than the OCSD estimate. The most qualified bidder, who was also the lowest bidder, has a
detailed quote of $186,207 for Phases 1 and 2 of a three -phase project estimated at a total of $195,707;
hence the need to utilize JAG 2013 funds of $25,836 to augment the existing JAG and asset seizure funds
already approved, with the remaining $40,871 to be funded through additional asset seizure funds and /or
department budget savings.
Continental Computers was identified as the most qualified contractor for the project, given its extensive
experience and Ialowledge in providing audio /video equipment and services for law enforcement
agencies. The Orange County Sheriffs .Department Special Operations, County Regional Narcotics
Suppression Program, City of San Clemente and the Los Angeles Police Department are among the
references that Continental Computers was able to offer.
Phase I (Jail Cameras and Total Audio/Video Infrastructure) - $82,357:
19 outdated cameras at the Jail facility replaced with 27 high - definition cameras
2 servers /DVR's with one -year retention to record from the new Jail cameras
New overall audio /video infrastructure to be built, i,e, networking products, configuration, and
surveillance software
Phase 2 (Police Facility and Exterior Cameras) - $103,850
• 18 outdated cameras at the Police Department facility replaced with 20 high - definition cameras
and 2 microphones
• 2 servers/DVR's with 1 year retention capabilities and software installed
Phase 3 (Watch Commander's Office —Not part of JAG 2013 - to be completed at a later date) - $9,500:
4 monitors installed
1 server installed
2013 -DJ -BX -1065 20D -21 Page 13 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Provide a brief Analysis of the need for the programs —
Although the CCTV Project is considerably more costly. than originally anticipated, it is a critical that this
project be completed as soon as possible. The Fullerton Police Department and Jail camera systems are
so antiquated that they have been characterized by audio /video technicians, including the Sheriff's
Communications & Technology Division, as virtually irreparable, with parts no longer available.
Because of their age, most of these cameras cannot be integrated into a new security system. However,
the system breaks down frequently so makeshift but costly repairs must still be made. In addition, there
are no cameras monitoring activities in front of the Police Department and City Hall, an employee
parking lot, and some interior walkways and gates as well as a back lot, so four new cameras will be
installed in these areas. And, because the Jail cameras and the Police facility cameras are currently on
separate systems - making monitoring a cumbersome task - an integrated system is a logical necessity.
Very importantly, too, the Police Department currently has no video recorders connected to their
security cameras. Hence, the CCTV project, which includes the installation of four server /DV.R's in
Phases 1 and 2, is particularly vital to the protection of the public, jail inmates, and City and Police staff,
and will provide critical information and evidence in the event of an incident.
Incidents involving up to 500 protestors in front of the Police Department and City Hall greatly hampered
the safety of City employees and those seeking City or Police services, and also resulted in assaults and
vandalism against vehicles and City property. However, these criminal activities went unrecorded,
making identification and prosecution difficult. With the proposed cameras and DVR's, any acts of civil
disorder can be monitored by a Police Department supervisor, who can then safely coordinate effective
and appropriate responses, while video evidence of any criminal activities would also be recorded.
Goals of the project:
Increase and improve security and monitoring capabilities within the Police Department and Jail.
Utilize the data gathered, if needed, to assist in the investigation, prosecution or exoneration of
individuals involved in a recorded event.
Strategies to be used for project:
• Most qualified bidder, Continental Computers, has been identified for the estimated $186,207 in
CCTV Project Phase 1 and 2 costs
• Purchase security system equipment and services from Continental Computers
+ Utilize $28,186 in approved JAG 2012 grant funds for Phase 1 project expenses
• Propose $25,836 of JAG 2013 grant funds for additional Phase 1 project expenses
• Utilize approved asset seizure fields in the amount of $91,314 and additional estimated asset seizure
funds or general funds savings of $40,871 to fund the remaining' Phase I and all Phase 2 costs.
Project identifiers: See JAG Identifiers (attached)
• Jails
• Equipment — Video /Audio Recording
2013 -DJ -BX -1065
20D -22
Page 14 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the
program. Include a breakdown of costs
CONTRACTS: -
Continental Computers (Detailed quotes attached
Quote ##
Est. Cost
TOTALS
PHASE 1
Brocade Hardware
15352
11,921
Milestone Software
15712
8,019
2 Servers
15710
16,204
20 Sony Cameras and 2 microphones
15711
13,998
Labor
15714
32,215
TOTAL PHASE 1
82,357
PHASE 2
Milestone Software
15706
8,019
2 Servers
15713
13,496
27 Sony Cameras
15707
23,094
Misc. Cameras
15708
6,477
Labor
15709
52,765
TOTAL PHASE 2
1-0--318-5-1-
GRAND TOTAL — PHASE 1 &c 2
186,207
FUNDING:
JAG 2012
28,186
JAG 2013 Proposed
25,836
Approved Asset Seizure Funds
91,314
Asset Seizure and /or Budget Savings
40,871
TOTAL FUNDING
186,207
Timeline and/or project plan: Identify when the goals and objectives will be completed
• Installation of camera and video recording system —Estimated three months after bid award
Funding:
Total Allocation: $31,897
PROACT Contribution: (10 %) $3,190
Administrative Fee (9 %): $2,871
Funds Retained by City /County: $25,837
2013 -DJ -BX -1065 Page 15 of 29
20D -23
ATTACHMENT A 2013 -DJ -BX -1065
City: Garden Grove
The City of Garden Grove proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Law Enforcement; Corrections and Community Corrections
Program Narrative:
The Police Department will use 2013 JAG funds to pay a portion of its jail services contract. The jail
contract saves thousands of department man -hours and is a key component for maximizing police officer
time out on the streets.
The Garden Grove Police Department has one of the lowest ratios of officers per capita of any city its size
in California, yet the Department must still struggle to keep staffing levels from decreasing. The
elimination of the Garden Grove Redevelopment Agency last year continues to affect the City's current
and projected financial condition. The loss of millions of agency dollars caused the City to immediately
implement additional budget cuts, which will remain in effect for the duration of FY 2013 -14.
Contracting out jail services allows officers to spend the majority of their time in the field, which is
especially critical during dire financial times when no new officers will be hired.
Goals of the project:
Create operational efficiencies in Patrol that would generate the equivalent productive hours of up to
seven additional Police Officers that could be used to augment patrol operations.
Strategies to be used for proieet:
Contracting out jail services allows the Police Department to concentrate much more of its efforts on
cormnwiity safety rather than expending energy and resources on jail operations. Prior to the contract,
officers would spend approximately two hours processing and transporting an arrest". If the arrostee
required medical clearance, that process could be extended by several hours. Now, sworn police officers
complete preliminary paperwork on the arrestee and return to their field duties in as little as 15 minutes
while the jailers complete the fingerprinting, photographing, transporting, eto. procedures. This increases
the officer's availability to handle additional calls for services. In 2012, the jailers processed 6,492
arrestees, saving sworn officers approximately 12,984 hours that would have been spent processing
arrestees,
Project identifiers: See JAG Identifiers (attached)
Cormmninity Policing; Detention (Non- residential). The Garden Grove Police Department implemented
the Community Policing philosophy many years ago. Contracting out staffing of the detention facility
facilitates that philosophy, by enabling patrol officers to return to their beat areas snore quickly.
2013 -DJ -BX -1065 Page 16 of 29
20D -24
ATTACHMENT A 2013 -DJ -BX -1065
Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the
program. Include a breakdown of costs
The funds retained by the City will help to offset the annual cost of [lie jail services contract. For FY
2013 -14 the monthly cost of the contract will be $42,194. The cost covers staffing, operating expenses,
and management fees, as well as liability insurance maintained by the vendor. Personnel services
provided tinder this contract guarantee 24/7/365 staffing of the jail at 9.6 FTE.
Timeline and /or project plan: Identify when the goals and objectives will be completed
The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are
met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the
policing presence in the City.
Funding:
Total Allocation: $38,799
PROACT Contribution: (0 %) $0
Administrative Fee (9%): $3,492
Funds Retained by City /County: $35,307
2013 -DJ -BX -1065 Page 17 of 29
20D -25
ATTACHMENT A 2013 -DJ -BX -1065
City: Huntington Beach
The City of Huntington Beach proposes to use the 2013 Justice Assistance Grant Program funding
as follows:
Purpose Areas:
Law Enforcement and Technology Improvement
Program Narrative:
Oudine the Proposedprogram activities for the life ofgrant:
If awarded, proposed program activities include:
1. Initiate the purchasing process of GPS software.
2, Schedule GPS software installation rollout on all 70 MDC's.
3, Implement training to relevant personnel on technology and troubleshooting issues.
4, Install GPS software updates as needed.
Outline the type of programs to be funded by the JAG award — Technology Upgrade to Mobile Data
Computers to Reduce Response Time and Improve Officer Safety
Provide a brigf Analysis of the need for the programs - The program is needed to facilitate the day to day
operations of the police officers in the City of Huntington Beach. It has the additional benefit of
providing a safety net for officers out in the street should they be unable to communicate effectively
through the normal dispatch channels.
Enabling GPS (Global Positioning Satellite) software in each police vehicle will assist the law
enforcement and technology aspects of the police department in multiple areas, It would need to be
installed on approximately 70 police computers.
Reduce Response Times for Victims. By equipping our dispatch center with this technology,
we will be better able to assign appropriate police officers based on their location at the time the
call comes in. If officers are able to respond to crimes more efficiently and quickly, one can
deduce a positive benefit for victims of crimes as well as location of flexing suspects and victims,
Reduce Response Times for Officers. Officers will be able to utilize the mapping system in
their vehicles and quickly see an aerial map of their location in conjunction to the location they
are traveling to. This will allow officers to choose the quickest and most efficient route.
Improve Officer Safety. By denoting the location of each officer, dispatchers will be able to
quickly identify each officer's location and be better able to assign the closest and most
appropriate police car to respond. It will also allow dispatchers to see locations of all officers
should one of them need help. Occasionally in law enforcement an officer finds himself in
trouble and unable to notify others of the emergency situation he finds himself in. This system
will allow a remote person to instantly gather the officer's location and notify responding units so
help can arrive quickly and efficiently,
2013 -DJ -BX -1065
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Page 18 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Goals of the project:
The goal of this project is to provide a safe and sensible location platform to be used by all emergency
response persomiel in the police department.
Strategies to be used for project:
The strategies employed will be to add additional software to all Mobile Digital Computers (70) in the
police department. We will also need to equip our dispatch center with a monitor so the officers,
locations can be ascertained instantaneously and crime fighting techniques deployed. This technology
will greatly improve our abilities as a police department to be better equipped when responding to crimes,
whether they involve citizens or officers. We can intuitively deduce that some injuries up to and
including deaths, will be reduced and possibly eliminated.
Project identifiers:
GPS Trackers
Budget and Budget Narrative: Outline how JAG funds will be used to support and implement die
program, Include a breakdown of costs
We will use the 2013 JAG funds to purchase GPS tracker software and install them in police patrol
vehicles, Our dispatchers will be able to better assign appropriate police officers based on their location
at the time the call comes in.
Cost of the GPS software purchase is approximately $40,000. We plan to fund $28,448 using this 2013
JAG funds to purchase GPS tracker software. The overage of $11,554 will be funded by our general
fund.
Timeline and /or proi ect plan: Identify when the goals and objectives will be completed
Upon receipt of grant funds, installation of the software begins. This software is largely ready to be
installed and activated. The project in its newly activated state should last at least two to three years
based on the life of the equipment it is installed on
Funding:
Total Allocation: $31,262
PROACT Contribution: (0 %) $0
Administrative Fee (9 %): $2,814
Funds Retained by City /County: $28,448
2013 -D7 -13X -1065 20D -27 Page 19 of 29
ATTACHMENT A 2013 -DJ -BX -1065
City: La Habra
The City of La Habra proposes to use the 2013 Justice Assistance Grant funding as follows:
P_ urpose Areas:
Computer Software and Equipment - General
Program Narrative:
The La Habra Police Department proposes to use the 2013 JAG funds to be spent in two areas;
1. COMPUTER SOFTWARE: To purchase computer software for the Patrol Bureau's Field
Training Officer (FTO) program to convert existing paper processes to electronic processes. The
software is uniquely developed for the purpose of documenting daily observation reports of
trainee's progress in the field training process, enables electronic routing and approval, provides
for analysis and reporting of trainers' evaluation trends, status of all trainees with the process, etc.
2. EQUIPMENT — GENERAL: To purchase two (2) Automated External Defibrillators (AED's) to
be deployed in patrol cars. Police officers most often arrive at the scene of medical emergencies
before the fire department or paramedics. hi cardiac cases, patrol officers can, with little training,
deploy a cardiac defibrillator to render lifesaving treatment within the critical five minute window
before permanent brain damage occurs.
Goals of the nroiect:
To computerize the documentation process and management of new police officer training as
well as in- service training for all other police employees.
2, To deploy two cardiac defibrillators within the city of La Habra; this will provide police officers
with lifesaving equipment for heart attack related medical emergencies within the community.
Strategies to be used for rrroiect:
To purchase the "Law Enforcement Automated Personnel System" (LEAPS), the La Habra PD
staff has obtained a quote from Coplogic, Inc., a company specializing in law enforcement
reporting and documentation. This is an established company whose citizen -based on -line
reporting system is currently used by La Habra PD and many other area police departments. The
city of La Habra Information. Technology specialists will work with the vendor to set up the
software and train the PD staff.
2. The AE'E's will be deployed h1 police cars to the two existing geographical patrol areas within
the city of La Habra, All La Habra patrol officers have already been trained on the use of the
AED's, in conjunction with first aid training, conducting by a contracted ambulance company.
2013 -DJ -BX -1065
20D -28
Page 20 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Project identifiers: See JAG Identifiers (attached)
1. Computer hardware /software
2. Equipment - General
Budget and Budget Narrative: Outline how JAG fiends will be used to support grid implement the
program, Include a breakdown of costs
Of the total award of $14,464 allocated to the city of La Habra, 10% ($1,446) will be directed to the
Orange County PROACT Taskforce, and 9% ($1,302) will be directed to the County of Orange for
administrative costs, leaving a remaining balance of $11,716.
An estimated $6,500 will be spent on COMPUTER SOFTWARE to purchase the Coplogic LEAPS
software; and the balance of the award, estimated at $5,000, will be spent on EQUIPMENT -- GENERAL
to purchase two AED's (vendor to be determined) which are estimated to cost $2,500 each. Should there
be unanticipated cost increases, then non - general fund monies will be used to supplement the grant
funding.
Timeline and /or project utan: Identify when the goals and objectives will be completed
This project involves a relatively simple purchase and installation of computer software and it is
anticipated to be completed within 120 days of grant approval.
The goal is to purchase and install the software and equipment within 90 days of grant approval and
award.
Funding:
Total Allocation: $14,464
FROACT Contribution: (10 %) $1,446
Administrative Fee (9 %): $1,302
Funds Retained by City /County: $11,716
2DI3 -DJ -BX -1065 20D -29 Page 21 of 29
ATTACHMENT A 2013 -DJ -EX -1065
City: ORANGE
The City of Orange proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Law Enforcement
Program Narrative:
During 2012, Orange Police Department personnel completed 14,217 incident reports. Of those, 4,654
reports were forwarded to detectives for additional follow -up and investigation. A large portion of
investigations involve the suspect's use of electronic devices during the commission of crimes. Many
times a cellular phone contains minute by minute digital evidence of a suspect's location and
communication before, during and after the commission of a crime. This information can be very
important to each investigation. With the prevalence of social media ht society and smart phone use,
suspect's computers are frequently linked to their criminal activity. Computers are often used as a tool of
crime in addition to the storing of digital evidence.
By obtaining sophisticated computer forensic software, the Orange Police Department will be able to
handle more technologically complex investigations utilizing digital evidence. This will help solidify
successful prosecutions of suspects using evidence that simply could not be obtained by traditional
methods.
The Orange Police Department needs to obtain sophisticated forensic software, coupled with a computer
forensic workstation, to maintain investigative effectiveness in an increasingly teehnological society.
Many times physical evidence is complimented by digital evidence. Sometimes digital evidence is all
that exists to provide investigative leads.
Goals of the project:
Obtain sophisticated software to use in conjunction with a computer forensic workstation to view and
analyze digital evidence. With most criminal investigation cases, this type of evidence cannot be
accessed by ordinary methods. This software, coupled with state of the art computer equipment, will
enable the our investigators to conduct computer forensic examinations on a multitude of electronic
devices, including but not limited to; computers, cellular phones, cameras and all removable media where
digital evidence may reside.
Strategies to be used for project:
The Department already has an investigator trained in digital evidence. The Department will leverage
JAG funds by utilizing asset forfeiture monies to purchase the needed computer hardware.
2013 -DJ -BX -1065 Page 22 of 29
20D -30
ATTACHMENT A 2013 -DJ -BX -1065
Project identifiers:
The JAG identifiers for this project are:
Computer software /hardware
Cybercrime
Internet crime
Budget and Budget Narrative:
JAG funds will be used to purchase and maintain sophisticated computer forensic software to be utilized
on a computer forensic workstation:
• Forensic Tool Kit Standalone Software - Includes Registry Viewer, Imager, Password Recover
Tool Kit and DNA 50. — $2,995
• Forensic Tool Kit Standalone Software- (Software Maintenance and Support) -$840
• All Access Pass software training- $7,000
• Mobile Phone Examiner Plus (MPE +) Software, Phone cables and Support - $4,260
Total: $15,095
Total witb 8% sales tax $16,302.60
Timeline and /or proiect plan:
Once the funds are received and made available through the City's normal approval process, it is
anticipated that software ordering, delivery, and setup would be complete within four weeks. Use of the
software would be implemented immediately as there are already cases that this software will aid in
investigation. The difference in the cost of the project and the JAG fluids received leaves a balance of
$6,112.60. This balance will be offset by asset forfeiture finds.
Funding:
Total Allocation: $11,550
PROACT Contribution: (5 %) $593
Administrative Fee (9 %): $1,067
Funds Retained by City/County: $10,191
2013 -DJ -BX -1065 20D -31 Page 23 of 29
ATTACHMENT A 2013 -DJ -BX -1065
Santa Ana City:
The City of Santa Ana proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Areas:
Law Enforcement;
Proem Narrative:
Outline the Proposed program activities —
Through the use of grant funding, the City of Santa Ana Proposes a three pronged approach to reducing
criminal activity. Funding will allow:
1.) Augmentation of our Gang Enforcement. Funding will provide for gang enforcement activity with
suppression details working overtime to target specific enforcement of gang members involved in
violent behavior. The department currently lacks the manpower and fiscal resources to address this
problem, these officers will be deployed directly into the neighborhoods being most negatively
affected by gang activity and will be funded for the three year grant period.
2,) Enhancement of Educational Opportunities. The Santa Ana Police Department believes Community
Oriented Policing (COP) has been and must remain at the core of crime reduction. A major
component of COP is educational opportunities offered to residents, With funding severely cut,
educational programs and staffing that provided this valuable resource have been reduced. Officers as
well as non -sworn staff will offer COP related training programs on an overtime basis to complete
this goal, Funding will cover the entire grant performance period.
3.) Enhancement of Community Policing. Funding will provide for community policing enforcement
operations with suppression details working overtime to address crimes of public disorder specifically
tied to community complaints. The department currently utilizes a robust community complaint
tracking system to ensure responsiveness to resident concerns. Funding will cover the entire grant
performance period.
The Santa Ana Police Department is additionally providing 10% of its allocated funds to the Pro -Act
Program in support of their operational needs
This funding will equate to approximately 1,247 hours of additional law enforcement resources within oar
community,
Outline the type of programs to he£maned by the JAG award —
The Department will utilize overtime funds to perform enforcement actions speciRcaIly directed at violent
gang crime and crimes of public disorder. The remainder of the finds will be utilized to offer educational
opportunities for neighborhood associations, community gatherings and residents ranging from children
to adults.
.Provide a brief Analysis of the need for the programs —
The Santa Ana criminal street gang population of approximately 6,900 accounts for the less than two
percent of the City's population however; this criminal element constitutes a significant impact on fear in
the community and threatens the safety and stability of our neighborhoods. The Department routinely
receives between 20 and 30 specific community complaints per week which directly impact the quality of
2013 -DJ -BX -1065 Page 24 of 29
20D -32
ATTACHMENT A 2013 -DJ -BX -1065
life for our residents. Enforcement related activities will be coupled with an educational component,
which will enhance public understanding, trust and confidence,
Goals of the project:
The goal of this project is to reduce criminal activity and increase public safety through enhanced
enforcement and educational efforts.
Strategies to be used for project:
The use of selective enforcement overtime, response to community complaints, coupled with crime
analysis data allows resources to be specifically deployed in areas of increased criminal activity during
time frames found to be most beneficial to project goals:
1. Contact gang members and individuals involved in crimes of public disorder to gain intelligence,
investigative information and ensure problem solving for prosecutorial purposes while striving to
resolve longstanding community concerns.
2. Increase the number of arrests and prosecution of gang members.
3. Increase the number of conmmaity complaints resolved.
4. Reduce the fear gang members evolve in the community and decrease community concerns
through high visibility police presence and enforcement activities,
5. Offer enhanced educational opportunities through schools, community associations and
neighborhood watch groups.
Project identifiers:
Gangs; Education; CommumityPolicing
Budget and Budget Narrative
Funds will be utilized for personnel overtime. No funds are allocated for travel, supplies, consultants or
contracts.
Timeline an(Vor project plan: Identify when the goals and objectives will be completed
Months 1 -36; Clang Enforcement and Community Complaint enforcement continues throughout the life
of the grant.
Months 1 -36; Educational endeavors continue throughout the life of the grant,
Funding:
Total Mlocation: $115,433
PROACT Contribution: (10 %) $11,543
Administrative Fee (90/()): $10,389
Funds .Retained by City /County: $93,501
2013 -D7 -BX -1065 20D -33 Page 25 of 29
ATTACHMENT A 2013 -DJ -BBC -1065
City: Stanton
The City of Stanton proposes to use the 2013 Justice Assistance Grant funding as follows:
Purpose Arens:
Law enforcement
The City of Stanton is a diverse community presenting unique challenges for law enforcement. A large
Hispanic immigrant population and the resulting language barrier can cause a gap between residents,
businesses and law enforcement providers. In many cases immigrant residents are fearful of police due to
their immigration status. Stanton is home to several active criminal street gangs which use fear and
intimidation of residents as a method for ensuring many crimes are never reported to police.
Through implementation of community policing practices we intend to increase awareness and positive
interaction among residents, business owners and law enforcement in a community effort to reduce crime.
Reducing crimes against persons and businesses will help ensure that the City of Stanton has an active
and flourishing business community supported by its residents. It is a commonly recognized fact that
public support is necessary for business to flourish. This is also the case for police effectiveness in
accomplishing their core mission of preventing crime. Building relationships with the public increases
police legitimacy and affects how well they can control crime.
Prozrani Narrative:
To increase law enforcement presence in the community. Use of overtime to place personnel into
problem areas of the City, either on foot, bicycle or patrol car. Their efforts will be directed to combat a
growing graffiti, gang, prostitution, and other crime problems, This will be done in an effort to reduce
crime and blight in the City of Stanton.
Staff will determine target areas for which personnel will utilize crimes and calls for service data and
work with the OCSD Crime analysis unit to patrol during times that have higher activity levels. The target
areas will be chosen based upon level of calls for service, citizen complaints, Part I and II crimes. The
type of area will also determine the type of patrol to be used, certain high density housing areas will use
either foot or bicycle patrol. Larger sprawling gang areas may require a vehicle.
Goals of the project:
It is our intent to approach every community in Stanton in the next 12 months and direct personnel to
combat or eliminate their specific problem(s) whether it is graffiti, loitering, illegal drug activity,
prostitution, public alcohol consumption or otherwise. We are also working with the City of Stanton to
determine enforcement and presence needs during their upcoming community events,
Strategies to he used for project:
Community policing efforts are already underway in Stanton, Previous JAG and other grant funding has
allowed us to implement a gang education and prevention program in our local schools and to conducted
limited. neighborhood and business watch activities. Currently fiords are limited for targeting specific
areas that are experiencing increased vandalism /graffiti and increased complaints.
2013 -DJ -BX -1065 Page 26 of 29
20D-34
ATTACHMENT A 2013- 1DJ -BX -1065
Project identifiers: See JAG Identifiers (attached)
Overtime (Deputies for directed enforcement efforts and Neighborhood Watch)
Budget and Budget Narrative:
Personnel OT- $8,879
Timeline and/or project plan: Identify when the goals and objectives will be completed
Community policing efforts are already underway in Stanton. Previous JAG and other grant funding has
allowed us to implement a gang education and prevention program in our local schools and to conducted
limited neighborhood and business watch activities. Currently funds are limited for targeting specific
areas that are experiencing increased vandalism/graffiti and increased complaints.
It is our intent to approach every community in Stanton in the next 12 months and direct personnel to
combat or eliminate their specific problem(s) whether it is graffiti, loitering, illegal drug activity, public
alcohol consumption or otherwise. We are also working with the City of Stanton to determine
enforcement and presence needs during their upcoming community events.
Funding;
Total Allocation: $10,962
PROACT Contribution: (10 %) $1,096
Administrative Fee: (9 %) $987
Funds Retained by City /County, $8,879
2013 -DJ -BX -1065 20D -35 Page 27 of 29
ATTACHMENT A
City: Westminster
2013 -DJ -BX -1065
The City of Westminster proposes to use the 2013 Justice Assistance Grant funding as follows;
Purpose Area:
Law Enforcement
Program Narrative;
These grant funds are intended to provide the fimding for 1 part -time Animal Control Officer to be
utilized by the Westminster Police Department's Animal Control Division.
Due to the recent staff reductions the Westminster Police Department's Animal Control Division has been
inundated with calls for service due to the lack of service personnel available. Police officers often have
to be called to provide Animal Control services which take them out of circulation for other police
responsibilities. Animal Control Officers also investigate animal cruelty, animal theft, and are also
responsible for the enforcement of animal related municipal code sections.
The Westminster Police Department will hire 1 part-time Animal Control Officer to assist the full -time
Animal Control Officer with all Animal Control Division responsibilities and requests for sevice. The
grant funds will provide the funding for the part-time Animal Control Officer until the 2013 JAG Grant
funds are exhausted or the until the grant expires, whichever comes first.
Goals of the project:
The goal of the project is to provide as much general Animal Control services as possible to the citizens
of Westminster.
Strategies to be used for the project:
The new part-time Animal Control Officer will work under the fall-time Animal Control officer and
provide general Animal Control services to the citizens of Westminster. Animal Control Officers also
investigate animal cruelty, animal theft, and are also responsible for the enforcement of animal related
municipal code sections.
Proiect identifiers;
Law Enforcement
Provide Animal Control services
Budget Narrative:
Part -time Animal Control Officer: The cost of this position per hour, including part-time benefits, is
approximately $23.73. The Part -time Animal Control Officer will work approximately 20 hours per week
for 37.55 weeks, or 751 hours or until the 2013 funds are exhausted, for a total of $17,827
2013 -DJ -BX -1065 Page 28 of 29
20D -36
ATTACHMENT A 2013 -DJ -BX -1065
Timeline and/or project plan:
The 2013 JAG Grant fluids will be utilized to hire a part -time Animal Control Officer by October of
2013. The position will be maintained until the fiords are exhausted (Approximately 9 months),
Funding:
Total Allocatiou: $19,590
PROACT Contribution: (0 %) $o
Administrative Fee (9 %): $1,763
Funds Retained by City /County: $17,827
2013 -DJ -BX -1065 20D -37 Page 29 of 29
ATTACHMENT B 2013 -DJ -BX -1065
HOW TO APPLY FOR lAC -GRANT REIMBURSEMENT.,
1. A letter on your cities letterhead that includes or states the followin
A. Your agency's request for reimbursement in the amount of $
B. Against Grant Award #2013 -W -BX -1065;
C. List of items purchased and types of costs being claimed for the quarter that match your city's
initial write -up /request;
D. Certification that you complied with all procurement procedures outlined in your agency's
procurement manual and financial and administrative requirements set forth in the current
OJP Financial guide;
E. Letter is to be signed by the person authorized in the JAG Program MOU (City Manager),
�. Reouired attachments to the letter
A. FEDERAL FINANCIAL REPORT
Your agency is required to submit quarterly Federal Financial Report using a Standard Form
SF -425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated
obligations incurred, and the unobligated balance of federal funds. The Federal Financial
Report is due at the Sheriffs Department Financial Division by the due dates indicated below:
Qtr, ending 03-3 1-W due no later than 4/10
Qtr. ending 06 -30 -YY due no later than 7/10
Qtr. ending 09 -30-YY due no later than 10/10
Qtr. ending 12 -31 -YY due no later than 01/10
A helpful hints guide for completing Federal Financial Report is available at the DOJ -OJP
website at: http_ /Lwww ojn usdgj goy /fimcling /forms htm
B. INVOICE BILLING OC,$D
a. The package should include an invoice from the city billing the Orange County
Sheriffs Department (OCSD), The invoice /bill should reference the grant name, grant
number and quarter ending date,
b. OCSD will reference your city's invoice number when reimbursement is made to your
city,
C. BACKUP DOCUMENTS
a. All invoices /receipts and relevant purchase orders pertaining to federal monies
spent.
b. Time Sheets and part of payroll register showing personnel name or other individual
identifier and details of payroll costs claimed, if any.
c. Copies of signed check(s) for purchase(s) and general ledger, reports clearly
indicating expenditures for the quarter.
All of the above documents must be provided to our office otherwise your cl tim will not he
processed. Please send your claims to
Orange County Sheriffs Department - Financial /Admin. Division
Attn: Karla Lazaridis
320 N. Flower Street, Suite 108, Santa Ana, CA 92703.
If you have any questions please call Karla Lazaridis at (714) 834 -6675.
20D -38
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ATTACHMENT D 2013 -DJ -BX -1065
FY2013 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS
Programmatic Reporting
Categorical Assistance Progress Reports
Reporting on the progress of the grant program is required, Some grants may require an annual
submission of progress report information. Most programs require semiannual and /or quarterly
reporting. Reporting requirements are specified in the grant solicitation and in the special
conditions specified in the award. Questions concerning progress reporting should be directed to
the Program Manager for the award.
Quarterly Programmatic (PMT) Reporting periods are:
January 1— March 31
April 1— June 30
July I — September 30
October 1— December 31
Reporting requirements must be met during the life of the grant, A full explanation of these
requirements can be found in the OJP Financial Guide, which may be accessed at
http: / /www.ojp, usdoj .gov /financialguido /index.htn-t. Also check special conditions on awards for
additional reporting requirements, GPRS will not permit access to funds if financial reporting is
delinquent.
The following information concerns:
• Single Audit Reports
• Categorical Progress Reports
• Federal Financial Reports
Single Audit Reports
A special condition may be included with your award that details reporting requirements for
audit reports. Please review and comply with that special condition. There is rto form for
submission of audit reports; however, a transmittal letter is needed. Information about the letter
and the rules for single audits maybe found in the OJ'P Financial Guide, Post award
Requirements, Audit Requirements and in OMB Circular No. A -133, Audits of States, Local
Governments, and Non - Profit Organizations.
20D-40
ATTACHMENT D 2013 -DJ -BX -1065
The submission of audit reports for all grantees shall be as follows:
State and Local Governments, Institutions of Higher Edification, and
Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007
should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East
10th Street, Jeffersonville, IN 47132. Completed audit reports for fiscal years 2008
and later should be submitted on the Federal Audit Clearinghouse's Web site at
bttp: //Irarvester,cons Lis.gov /sac. Do NOT submit your audit reports to OJP unless
specifically requested.
Commercial Organizations and Individuals. One copy of all audit reports should be
mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN:
Control Desk, S 10 Seventh Street NW., Room 5303, Washington, DC 20531.
Direct any questions regarding the grant program to Susie Cabrera.
scabreraQocsd. ore
431 The City Drive South
Orange, CA 92868
(714) 935 -6869
20D -41
Attachment E
d - Deparbuent of Justice
Office of Justice Programs
Bureau of Justice Assistance -
Office of Justice Programs WnsAlagron, D.a. 20531
August 26, 2013
Mr. Shawn Nelson
County of Orange
10 Civic Center Plaza
Santa Ana, CA 92701
Dear Mr. Nelson
On behalf of Attorney General Ede Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local in the
amount of $420,826 for County of Orange,
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash -on -hand, Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact,
Program Questions, Carrie 130001, Program Manager at (202) 309 -7426: and
Financial Questions, the Office of the chief financial Officer, Customer Service Center (CSC) at
(800) 458 -0786, m you may contact the CSC at ask.ac£o Cs7usdoj.gov,
Congratulations, and we look forward to wonting wide you.
Sincerely,
Denise O'Donnell
Director
Enclosures
20D-42
Department of Justice
a. A Office of Justice Programs
Office for Civil Mgbts
Wti,h W,v,nD.Ci 20531
August 26, 2013
Mr. Shawn Nelson
County of Orange
10 Civic Center Plaza
Santa Ann, CA 92701
Dear Mr, Nelson;
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Fader al funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OV W), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance,, from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits, Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Jndividuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please seethe website at http: / /www.lop,gov.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Org olizatioms; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant ar recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition pills board of directors.
The regulation also prohibits faith -boxed organizations from using financial assistance from the Department of Justice to fund inherently
religious activities, wtdle faift -based organizations can engage in non - funded inherently religious activities, they must be hold separately
from the Department of Justice funded program, gild customers or beneficiaries cannot be compelled to participate In them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by die Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please flee OCR's
website at http:( hvww .ojp.tisdoj,goy /oor /etfbo,htm,
State, Administering Agencies and faith -based organizations should also note that the 5afo Sheets Act, as amended; ton Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion In employment Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based
organizations applying for funding under the applicable program statutes boll, to receive DOD funds and to continue considering religion
when hiring staff, even If the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
20D-43
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from bath Individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet Count employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, mast meet two additional reguirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 CT.R, § 42301 -308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5))
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 61n the Standard Assurances, COPS Assurance No. 8E, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: / /www,ojp.v5doj,gov /oar /eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208.
If your organization received an award between $25,000 and $500,000 and has 5D or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the HEOP on file and
make it available for review on request. In addition, your organization has to complete Section S of the Certification Form and return it to
OCR. The Certification Form can be found at http; /Iwww,ojp.usdoj.goy /ocr /eeop,htm,
If your organization received an award for less than $25,00D; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the ESOP requirement. However, your organization must complete Section A oi'the Certification Form and
return it to OCR. The Certification Form can be found at http: / /Www.ojp.usdoj.gov /ocr /ecop.btm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review
Ensuring the Compliance of Subreciplents
If your organization makes subawards to other agencies, you are responsible for assuring that subreeiparas also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to UP persons, State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
}f we can assist you In any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307.
0690 or visit our website at littp: / /www,ojp,usdoj.gov /ocr /.
cc: Grant Manager
Financial Analyst
Sincerely,
A&A----
Michael L. Alston
Director
20D-44
Department of Justice
Offlice of Jusllce Programs
a 1
Bureau Of Justice Assistance
PACE I OF B
Grant
L RECIPIENT NAME AND ADDRESS Qnd4fi g ZIP Code)
4. AWARD NUMBER; 2013 -DI -BX -1065
County of Orange
10 CIA. Cenw Plun
5. PROTECT PERIOD, FROM 10/01/2012 TO 09/30/2016
Santa Ann, CA 92701
BUDOETPBRIOD; FROM 10/01/2012 TO 09/3012016
6. AWARD DATE 08/26/2013
8. SUPPLEMENT NUMBER
7. ACTION
Initial
I A, GRANTEE IRS/VENDOR NO.
930009281
00
9. PREVIOUS AWARD AMOUNT $0
3, PROJECT TITLE
10. AMOUNT OF THIS AWARD $420,826
Local Law Enfomarnem Programs
If, TOTAL AWARD S420,826
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT I$ APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE
ATTACHED PAGE(S),
13, STATUTORY AUTHORITY FOR GRANT
This project is supported under FYI 3(BTA - JAG) 42 USC 3750, w seq.
15. METHOD OF PAYMENT
GPRS
AGENCYAPPROVAL
GRANTEEACCEPTANCE
18. TYPED NAME AND TITLE OF AUTHOR12ED GRANTEE OFFICIAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
Denise O'Donnell
Shawn Nelson
Dirnnnr
Board of Supervisors Chair
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF A7d 6AI�,I EC1 TOPPICIAL
19A. DATE
J
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21, NIDJUCT0768
FISCALYFUNDC BUDA ORE. DIVAS SUB. POMS AMOUNT
EAR ODE CT, 0,
X B D] 80 00 00 420A26
OJT' FORM 4000/2 (REV, 5 -87) PREVIOUS EDITIONS ARE OBSOLET't,
OJP FORM 4000/2 (REV. 4.88)
20D -45
FACSIMILE SIGNATURE AUTHORIZED
PER G.C, SEC. 25103, RESO 791535
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS I'll 111,11111,
TO THE CHAIR OF THE & W D
ATTCST �D
gy1p,OGy�1
SUSAN NOVAK
OLERK OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
20D-46
Department of Justice
' •� Cfftceef Justice Programs AWARD
K Bureau of Justice Assistance CONTINUATIONSHEET PAM 2 Da e
M 3
,.,. Grant
PROJECTNUMBER 2013- MJBXd065 AWARD DATE 00/26/2013
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the entrant edition of the
Office of justice Programs (OJP) Financial Guide.
2, The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42,302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States,
Local Governments, and Non- Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues Of any) from OMB Circular A -133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide,
4. Recipient understands and agrees that it cannot use any federal funds, either directly ce indirectly, In support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP,
5, The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. potential fraud, Waste,
abuse, or misconduct Should he reported to the OJG by -
mail:
Office of the Inspector General
U.S. Department of Justice,
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e -mail: oig.hotline@usdoi,gov
hotline: (contact information in English and Spanish): (800) 869 -4499
or hotline fax: (202) 616 -9881
Additional information is available from the DOJ OJG website at www.usdoj,gov /oig,
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP. -
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipiculis a high -risk grantee. Cf. 28 C.P.R. parts fib, 70
OJP FORM 4000 /2 (REV. 4-88)
20D -47 � 0
F• - Department of Justice
Office of Justice programs AWARD
Bureau of Justlee Assistance CONTINUATIONSHEET PAGE 3 of s
Grant
PROJECT NUMB OR 2013- DJ- BX-1065 AWARD DAM 08126/2013
SPECIAL CONDITIONS
The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management (SAM) (or with a successor government -wide system officially designated by OMB and DIP). The
recipient also agrees to comply with applicable restrictions on subewards to first -tier subrecipients that da not acquire
and provide a Data Universal Numbering System (DUNS) number The details of recipient obligations are posted on
the Office of Justice Programs web site at http: / /www.ojp.gov /funding /sam,htm (Award condition; Registration with the
System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This
special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non - profit organization that he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513, 'Federal Leadership on Reducing Text Messaging While Driving," 74 Fed, Reg,
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers,
10. The recipient agrees to comply With all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approve] and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, and other events, including the provision of food and /or beverages at such
events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is
available at www.ojp,goy /funding /confcost,htm,
11, The recipient understands and agrees that any hailing or training materials developed or delivered with funding
provided under this award must adhere to the Off Training Guiding Principles for Grantees and Subgrantees, available
at hitp: / /www.ojp,usdoj.goy/ funding /ojptrainingguidingprinciplo min,
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or
more of the identical cost items for which finds are being provided under this OJP award, the recipient will promptly
notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget - modification or
change -of- project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
14, The recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in
subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or ally
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with
BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and /or site visits The recipient agrees to provide to BJA and OCFD all documentation necessary to
complete monitoring tasks, including documentation related to any subewards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's /OCFO's grant monitoring activities may result In sanctions affecting the recipients
DOJ awards, including, but not limited to: withholdings and /or other restrictions on the recipient's access to grant
funds; refenal to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk
grantee; or tm'mination of an award(s).
OP KORM 4000/2 ds RV. 4 -88)
rIR -:
�1
Department of Justice
Office of Justice Programs AWARD
Bureau Of Justice Assistance CONTINUATIONSHEET PACE 4 OF 8
Grant
PROJECT NUMBER 20n.DJ.BX -1065 AWARD DATE 08/262013
SPECIAL CONDITIONS
16. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS), The details of recipient obligations, which derive from the Federal flooding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http: /lwww.oji),gov /funding /ffata,htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to
an individual who received the sward as a natural person (i.e„ unrelated to any business or non- profit organization that
he or she may own or operate in his or her name).
17, The recipient agrees that all income generated as a direct result of this award shell be deemed program income. All
program income earned must be accounted for and used for the purposes of funds provided under this award, including
such use being consistent with the conditions of the award, the effective edition of the ON Financial Guide and, as
applicable, either (1) 28 C.P.R. Part 66 or (2) 28 CTA Part 70 and 2 C,F.R. Part 215 (OMB Circular A -110). Further,
the use of program income must be reported on the quarterly Federal Financial Report, SF 425,
18, To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstnte connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of 13JA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
J9, In order to prornote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOPS Global Justice Information Sharing Initiative
(DOPs Global) guidelines and rceotnnrendatlons Par this particular grant. Grantee $halt conforn to the Global
Standards Package (GSP) and all constituent elements, where applicable, as described air
http:// www ,it.ojpgov /gsp_grantcondition. Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared informatma, or provide detailed
justification for why an alternative approach Is recommended,
OJP PORNI 400012 (REV, 4 -887
20D-49
Department of Justice
F' Office of Justice Programs
i
;a Bureau of Justice Assistance
AWARD
CONTINUATIONSHEET
Grant
PROJECT NUMBER 20134X-3X -1065 AWARD DATE 00/26/2013
SPECIAL CONDITIONS
PAGE 5 OF e
20. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of theso purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds, That is, as long as the activity is being conducted by the grantee, a
subgramoo, or any third party and the activity needs to he undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
A, New construction;
b. Minor renovation orremodeling of a property located in an environmentally or historically sensitive Area, including
properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on er
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, fm example, In office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine metbamph flmoame laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and /or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
bttp: / /www.ojp.usdoj,gov/BJA /resource /nepa.htm], for programs relating to methaniphetamine laboratory operations.
Applioalion of This Special Condition to Grantee's Existing Programs or Activities; For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental a32es3menl
of that funded program or activity.
21. The recipient Is required to establish a trust fund account, (The trust fund may or may not be an interest- bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Frost am (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant fonds
(including any interest earned) not expended by the end of the grant period most be returned to the Bureau of Justice
Assistance no later than 90 days after the end of Ilse grant period, along with the final submission of the Federal
Financial Report (SF-425).
22. JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50%a match for
pwyows; of the Bulletproof Vest Pat lots (BVP) program.
23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased
with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies most keep signed
certifications nn file fm' any subrecipients planning to utilize JAG funds for ballistic- resistant and stab - resistant body
armor purchases. This policy must be in place for at least all uniformed officers before Any FY 2013 funding can be
used by the agency for vests, There are no requirements regarding the nature of the policy other than it being a
mandatory weer policy for all uniformed officers while on duty,
OJP FORM 4000 /2 (REV. 4 -E8)
20D -50
Department of Justice
Office of Justice Programs AWARD
Bureau of Justice Assistance CONTINUATIONBFIEET PAOB 6 OF a
r` Grant
PROIECTITUMBBR 2013A1 -33X -1065 AWARD DATE 08516 /2013
SP EC /AL CONDJTIONS
24. Ballistic- resistant and stab - resistant body armorpurchased with JAC funds maybe purchased at any threat level, make
or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with
applicable National Institute of Justice ballistic or stab standards and are listed on the NJJ Compliant Body Armor
Model List (hate / /nij.gov), In addition, ballistic - resistant and stab - resistant body armor purchased must be American.
made, The latest NIJ standard information can be found here: http ✓ /www,nii.gov /topics /tachnology/body- armor /safety,
initudivisbim
25, The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R, Part 23, Criminal Intelligence Systems Operating Policies, if OFF determines this regulation to be applicable.
Should OJP determine 28 C.P.R. Part 23 to be applicable, OR may, at its discretion, perform audits of the system, as
per the regulation Should any violation of 28 C.F,R. Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c) -(d). Recipient may not satisfy such a fine with federal funds.
26. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notificaNmt
regarding any information technology project funded by this grant during the obligation and expenditure period, This is
to facilitate communication among local and state governmental entities regarding various Information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http:l/www.it.ojp.gov/defRult.mpx7area—polfGyAndPrao6co&page= 1046,
27. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"), The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religions activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub - grantee must be voluntmy. The Equal Treatment Regulation also makes clear that organizations
participating in programs tic achy funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion, Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for employment. See
h tLtp: / /www. oji). gov /about /ocr /equ aLfbo.htm.
28. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
29. Connote agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedm es regarding the protection of hcnan research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
30. Grantee agrees to comply with all confidentiality requiremeuts of 42 U.S,C, section 3789g and 28 C.F.R. Part 22 that
are applicable to collector, use, and revelation of data or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate that is in accord with requirements of 28 CY R, Part 22 and, in particular,
section 22.21
31. The recipient agrees to monitar subawards under thia JAG award in accordance with all applicable statutes, regulations,
OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this
award in any subaward, The recipient is responsible for oversight of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrccipumts. The recipient agrees to submit, upon request,
documentation ofils policies and procedures for monitoring of subawards under this award,
OUP FORNT 4000/1z (REV. 4 -88)
20D -51
`I
Department of Justice
Off] ceof JUN tinePrograms AWARD
Bureau of Justice Assistance CONTINUATIONSHEET PACE 7 OF s
,a Grant
PROJECT NUMBER 2013 -DJ.BX -1065 AWARD DATE 08/26/2013
SPECIAL CONDITIONS
32. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities,
33. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through
GMS (https: / /grants.ojp,usdoi,gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), SL. 103 -62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetoels.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG repotting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and furore High Risk
designation,
34. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized -
Representative contact information in GMS, including telephone number and e-mail address, If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes,
35. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force
funded with these funds who is a task force commander, agency executive, task force officer, or other task force
member of equivalent rank, will complete required online (interne - based) task force training Additionally, all future
task for members are required to complete this training once during the life of this award, or once every four years if
multiple awards include this requirement. The defining is provided free of charge online through BJA's Center for Task
Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key
issues Including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task
farce oversight and accountability. When BJA funding supports a task force, a task force personnel raster should be
compiled and maintained, along with course completion certificates, by the grant recipient'. Additional information is
available regarding this required training and access methods via BJA's web site and the Center for Task Force
Integrity and Leadership (www.ctfli.org).
36. No JAG funds may be expended an unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or
UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to
the maintenance of public safety and good order. Additionally, any JAG funding approved far this purpose would be
subject to additional reporting, which would be stipulated by BJA post - award,
37. BJA strongly encourages the recipient submit annual (or more frequent) JAG success stories at
JAG,Showcasa@ojp,usdoj,gov or via the online for at https : / /www.bja.gov /contactus.aspx. JAG success stories should
Include the; name and location of program /project; point of contact with phone and e-mail; amount of JAG funding
received and in which fiscal year; and a brief summary describing the program /project and its impact.
38. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of Iha maximum annual salary payable to a member of the
federal government's Senior Executive Service (SRS) at an agency with a Certified SES Performance Appraisal System
for that year, (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non - federal funds,)
This limitation on compensation rates allowable under this award may bo, waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
on, FORM 400012 (REV.448)
20D -52 `'0
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD
CONTINUATIONSHEET
Grant
PAGE 8 OF 8
PROR3CTNUMHER 2013•DJ -BX -1065 AWARD DATE 08/2612013 I
SPECIAL CONDITIONS
39. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
received and approved the signed Memorandum of Understanding (MOU) between the disparate jurisdictions and has
issued a Grant Adjustment Notice (GAN) releasing this special condition.
40, Recipient may not expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has
reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice
(GAN) informing the recipient of the approval.
OJP FORM 4000/2 (REV. 448)
20D -53
Sri
Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
Office of Justice Programs
I.
t
PROJECT SUMMARY
Bureau of Justice As918tance
Grant
PROJECTNUMBER
2013- DJ- BRJ065 PAGE 1 OF I
This project is supponed under FY13(SJA -SAC) 42 USC 3750, et seq.
1. STAFF CONTACT (Name & telephone number)
2, PROJECT DIRECTOR (Name, address & telephone number)
Carrie Booth
Susie Cabrera
(202) 305 -7426
Adrumiakative Manager
431 The City Dove South
Grunion, CA 928683303
(714)935 -6869
3a, TITLE OF THE PROGRAM
36, POMS CODE (SEE INSTRUCTIONS
13JA FY 13 Edward Byrne Memorial Justice Assistance Crane (JAG) Program: Local
ON REVERSE)
4. TITLE OFPROJECT
Local Law Enforcmment Programs
S. NAME & ADDRESS OP GRANTEE
S OF SUBGRANTEE
9f enter
10 Civi
P 10 Civle Center Plaza
Santa Ann, CA 92701
T6.
7. PROGRAM PERIOD
FROM: 10/01/2012 TO: 09/30/2016
I0VOt12012 'PO: 0913012016
9. AMOUNT OF AWARD
10. DATE OF AWARD
$ 420,826
08/20013
I L SECOND YEAR'S BUDGET
1 & SECOND YEARS BUDGET AMOUNT
13, THIRD YEAR'S BUDGET PERIOD
14. TFIIRD YEAR'S AUDCET AM011NT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAC) allows states and units of local government, Including tribes, to support a brood range of
activities to prevent and eonu'ol crime based on their own state and local needs and nos difo.,. Grant funds can be used fm'slate and local irflualves, technical
assistance, training, personnel, equipment, .supplies, contracbua Support, and infoorrumn systems for criminal justice, including for Any one or more of the
following program areas: I) law enforcement Pragmms: 2) prosecution and court programs; 3) prevention And education Programs, 4) corrections And community
corrections programs; 5) drug tnmun,m And enforcement programs; 6) planning, evaluation, And technology improvement in counts; and 7) crime victim and
witness programs (other than compensation),
The County ul Orange will carve 118 the itscul ug¢nt for all 12 jurlsdlctlons listed as dlspamte entities ands, the FY 2013 Loaal JAG Program. Bach j I dIctien plans
m utilize JAG fund., 10 support various criminal Justice hit tindws. Funds will be ad lived to support a broad range of ucIN i ti As io prevent And control crime within
OJP FORM 4000/2 (REV. 4-8 9)
20D -54
the community, The souls of the project Are to meet local and state initiatives such as; fund technical AAsIsumce, training, personnel, equipment, supplies, conueeuinl
support, information systems for crirnimIjustice, and criminn] justice related rasearehlevalnatian ncllvillas that will Improve or enhance law enforcement specific
programs,
NCA/NCF
20D -55
Department of Justice
Office of Justice Programs
MuvM �f
Bureau of Justice Assistance
WaAhlgrm,, D,C, 20531
Memorandum Tot Official Grant File
From: Orbin Terry, NEPA Coordinator
Subject, Incorporates NEPA Compliance in Further Developmental Stages for County of
Orange
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminaI justice system, some of
which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are;
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d, Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and /or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please see http:// www. ojp. usdoj .gov/BJA/resource /nepa.html.
Fleme be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
20D -56
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
CONTINGENCY INCREASE FOR
BROADWAY REHABILITATION FROM
ANAHURST PLACE TO FIRST STREET
(PROJECT NOS. 116736 & 116746)
( CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Increase the contingency for the Broadway Rehabilitation Project by $200,000 which will
increase the total construction contract with All American Asphalt, Inc., to $2,967,682.
Approve an Appropriation Adjustment recognizing $200,000 in interest earned in the
Proposition 1B Fund revenue account and appropriating the same into the Proposition 1B
Fund expenditure account
DISCUSSION
The recommended actions will allow the City to close out and release retention payments to the
construction contractor for the Broadway Rehabilitation from Anahurst Place to First Street
(Broadway Rehabilitation) Project. This project consisted of reconstructing the pavement,
replacing curb and gutter, and repairing sidewalks and curb ramps.
At the November 6, 2006, election, California voters passed Prop 1B to allow the state to sell
$19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties,
to fund the maintenance and improvement of local transportation facilities. The share of the fund that
the City is allocated is determined by the State Controller's Office. Interest has been earned since the
inception of the funds, but that amount has not been recognized in prior year Capital Improvement
Programs. The recommended appropriation adjustment will recognize the funds in Fiscal Year
2013/2014 and appropriate them for use in the construction of Broadway Rehabilitation Project
(Project No. 116746).
On July 16, 2012, the City Council awarded a contract to All American Asphalt, Inc., in the
amount of $2,443,348. The funding analysis included a 10 percent construction contingency in
the amount of $244,334, for a maximum total authorized construction contract expenditure limit
of $2,687,682.
23A -1
Contingency Increase
Broadway Rehabilitation Project
December 2, 2013
Page 2
During construction there were cost savings and other cost efficiencies that resulted in a total cost
well below the contract. After evaluation, staff recommended to the City Council the addition of
traffic calming bulb -outs at five intersections along the route (Exhibit 1) and upgrades to the
antiquated streetlight system along Broadway from McFadden Avenue to Borchard Avenue.
On May 6, 2013, the City Council authorized an $80,000 increase in the contract contingency to
complete the bulb -outs and streetlight upgrades. While the actual cost of the additional work
was $242,212, preliminary estimates projected that there would be some contingency remaining
in the construction contract. Therefore, staff requested only what was needed above and
beyond the contract authorized limit.
Now that project construction and final closeout accounting have been completed, it has been
determined that the original contract contingency was needed for the original scope of the
project. Therefore, staff is requesting an additional $200,000 to close out the contract.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Proposition 1 B unrecognized interest earnings will be accepted into the Proposition 1 B Fund
revenue account (03017002- 50001) and appropriated into the Proposition 1B Fund expenditure
account (03017660- 66220, Project No. 116746).
Edwin "William' Galvez, P.E.
Interim Executive Director
Public Works Agency
EWG:TC
Exhibits: 1. Bulb -out Locations
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez _ --
Executive Director
Finance & Management Services Agency
23A -2
AND AV
hi
EDt4GBq AVE
*1A ST
AVE
�::= ANNAF#Mff PL
BROADWAY BULB -OUT LOCATIONS
SANTA ANA CONTINGENCY INCREASE FOR
City Council BROADWAY REHABILITATION
PL Agenda Date
FROM ANAHURST PLACE TO FIRST STREET
11aL,l December 2, 2013
(PROJECT NOS. 116736 t 116746)
23IBIT
23A -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
AGREEMENT WITH SIEMENS INC. FOR OC
CIVIC CENTER CAMERA SYSTEM
MAINTENANCE
1
CITY MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
F —A DO
❑ As Recommended
❑ As Amended
❑ Ordinance onI"Reading
❑ Ordinance on 2nd Reading ❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Siemens Inc. for Orange County Civic Center Camera System maintenance
for a period of eighteen months, in an amount not to exceed $109,540, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security, Office of Grants and Training has
developed the Urban Areas Security Initiative (UASI) funding program. This initiative was
designed to enhance the domestic preparedness of urban areas by ensuring that all emergency
first responders have adequate and appropriate equipment and training to prevent, respond to,
and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City
since 2003. As such, for certain grant years, Santa Ana is responsible for purchasing equipment
and providing training to the other 34 jurisdictions in Orange County.
The US Department of Homeland Security has identified Critical Infrastructure & Key Resources
(CIKR) protection as a priority for state and local jurisdictions. The Anaheim /Santa Ana Urban
Area has funded all phases of a Video Security /Surveillance system for the Civic Center and
Police Department within the City of Santa Ana.
The project began with the installation of a video camera system at police headquarters to
harden and protect the perimeter of the facility. Phase I was completed in early 2012. Phase II
included the installation of approximately 25 -30 cameras around the OC Civic Center, creating a
similar network to what exists at police headquarters. Due to the City of Santa Ana being the
County Seat, the buildings and entities in the Civic Center are vital to the day -to -day operations
of the City, State, and Federal governments. The Ronald Regan Federal Courthouse, U.S.
Marshalls and Customs, California Appellate Court, Orange County Criminal Courts building, and
25A -1
Agreement with Siemens for Camera Maintenance
December 2, 2013
Page 2
the Santa Ana City Hall are all co- located within the OC Civic Center. The cameras installed in
this phase connect into the police department's existing network, allowing for first -hand incident
prevention, response, and management capability. The system is very complex and uses state -
of- the -art video management technology. Without a comprehensive maintenance agreement, the
Civic Center and Police Department risk losing the hardened security provided by the cameras.
Technical hardware and software are susceptible to and require consistent updates and /or minor
adjustments or replacements.
The equipment and services associated with this project will be acquired through Siemens
(original vendor /architect/builder of the system) using the National Joint Powers Alliance (NJPA).
Santa Ana City Municipal Code Section 2 -807 (d) which authorizes the City to purchase from
vendors who have been awarded the same type of purchase contract from any public agency
utilizing a competitive bid process. The base agreement is for $99,540 and a $10,000
contingency has been added for unanticipated improvements, for a total not to exceed amount of
$109,540 for an 18 month period.
FISCAL IMPACT
Funds are available in the FY 2013 UASI Grant fund (no. 12514407 - 62300 - 14422001182 -3498)
t APPROVED AS TO FUNDS AND ACCOUNTS: �
�A mm�a � I\L) )� , Carlos Rojas Francisco Gutierrez
Acting Chief of Police Executive Director
Police Department Finance & Mgmt. Services Agency
25A -2
MAINTENANCE SERVICE AGREEMENT
This Agreement ( "Agreement ") dated December 2, 2013, by and between SIEMENS INDUSTRY, INC.,
An Illinois corporation, ( "Siemens "), and the City of Santa Ana, a charter city and municipal corporation,
( "City ").
RECITALS
A. The City of Santa Ana has purchased and installed a video security / surveillance system for the
Police Department and Civic Center, to protect critical infrastructure and key resources.
B. The City desires to retain a contractor having special skill and knowledge to maintain and
repair the video security / surveillance system.
C. Siemens represents that it is able and willing to provide such services to the City.
D. In undertaking the performance of this Agreement, Siemens represents that it is
knowledgeable in the field and that any services performed by Siemens 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
Siemens shall provide maintenance and repair services for the Orange County Civic Center
Security System, as set forth in Exhibit A to this Agreement. Said services shall be performed in
accordance with Siemens Service Terms and Conditions (Rev. 10/09), except as amended by this
Agreement. Additional equipment and/or system modifications may be approved, on the written approval
of the City Project Manager.
2. COMPENSATION
City agrees to pay, and Siemens agrees to accept as total payment for its services, a monthly fee
of $5,530.00, payable in advance by the first day of the month. A contingency of $10,000.00 shall be
available for the additional equipment and system modifications, as set forth in Section 1, above. The
total sum to be expended under this Agreement shall not exceed $109,540.00, during the term of this
Agreement.
3. TERM
This Agreement shall commence on the date first written above and terminate on May 31, 2015,
unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended for up to one additional 18 -month period upon a writing executed by the Chief of Police and the
City Attorney.
25A -3
4. INDEPENDENT CONTRACTOR
Siemens 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 Siemens performs the services which are the
subject matter of this Agreement; however, the services to be provided by Siemens shall be provided in a
manner consistent with all applicable standards and regulations governing such services. Siemens shall
pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Siemens shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Siemens 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 Siemens'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.
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, Siemens, if Siemens 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, Siemens agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Siemens pursuant to
this section:
(i) Siemens shall supply City with a fully executed additional insured endorsement for
commercial general liability and automobile coverages which a) names the City of Santa
Ana, its officers, employees, agents and volunteers as additional insured, b) provides that
Siemens insurance coverage shall be primary and that any other insurance, or self
insurance maintained by the City, its officers, employees, agents and volunteers shall be
excess of Siemen's insurance and shall not contribute with it.
(ii) Siemens agrees to waive subrogation which any of its insurers may acquire from Siemens
by virtue of payment of any loss. Siemens agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation.
25A -4
(iii) Siemens shall maintain all insurance required above in full force and effect for the entire
period covered by this Agreement.
(iv) Certificates of insurance shall be furnished to the City upon execution of this Agreement
and shall be approved in form by the City Attorney.
(v) 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.
(vi) Certificates and renewals shall be sent to:
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. If Siemens fails or refuses to produce or maintain the insurance required by this section or fails
or refuses to furnish the City with required proof that insurance has been procured and is in force and paid
for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Siemens's right to be paid for its time and materials expended prior to
notification of termination. Siemens waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Siemens agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
consultants, special counsel, and representatives from liability for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
death, and claims for property damage, which may arise from the negligence or willful misconduct of
Siemens or its contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this Section.
7. CONFIDENTIALITY
If Siemens receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Siemens agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Siemens disclosed in a publicly available source; (c) is in rightful possession
of the Siemens without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Siemens without reference to information disclosed by the
City.
25A -5
8. CONFLICT OF INTEREST CLAUSE
Siemens 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.
9. NOTICE
With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, 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
With courtesy copies to:
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
To Siemens: Siemens Industry, Inc.
Douglas Hicks, Business Development Manager
10775 Business Center Drive
Cypress, CA 90630
(714) 866- 289 -3006 Fax Number
(714) 252 -1306 Phone Number
Doug.hicks@siemens.com
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Siemens,
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 Siemens. 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
25A -6
hereof, shall not bind or obligate Siemens nor the City. Each party to this Agreement acknowledges that
no representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Siemens, Siemens
may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of
the City and any such assignment, transfer, delegation or subcontract without the City's prior written
consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's
ability to have any of the services which are the subject to this Agreement performed by City personnel or
by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. hi such event, Siemens shall be entitled to receive and the City shall pay Siemens compensation
for all services performed by Siemens prior to receipt of such notice of termination.
13. DISCRIMINATION
Siemens 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.
Siemens affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
15. LICENSES AND PERMITS
Siemens 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. Siemens 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.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
25A -7
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 Cowicil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
FOR APPROVAL:
CARLOSROJAS
Interim Chief of Police
CITY OF SANTA ANA
DAVID CAVAZO:S
City Manager
SIEMENS INDUSTRY, INC.
ERIC ACKERMAN
Area Fire Safety & Security Manager
25A -8
EXHIBIT A
SIEMENS MAINTENANCE PROPOSAL
DATED
NOVEMBER 11, 2013
25A -9
SIEMENS
INDUSTRY, Inc.
November 11, 2013
Officer Otto Laufer
City of Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
Subject: City of Santa Ana Police Department Surveillance System Maintenance Proposal
Scope of Work Summary
p TA N9
40LiG£
Siemens is pleased to provide the following comprehensive Technical Support/Service Program (TSP) to the City
of Santa Ana and the Santa Ana Police Department. The design and purpose of this program is based on the
need to ensure system uptime, availability and resiliency for the City of Santa Ana Police Department facility and
the Civic Center Campus Security Systems.
The enclosed Siemens Service Program includes the following Coverage Features:
Test and Inspection
Camera Cleaning
Milestone Software Upgrade Program (SUP)
Repair and /or Replacement of Video Surveillance System components
Test and Inspection
Siemens to provide two inspections and testing of identified components per year. Siemens shall visually inspect
identified components on a twice annual basis for any damage. Based on our findings during the test and
inspection process Siemens technicians will provide parts replacements and system optimization. Coverage will
include those components identified as critical to the system operation. The list includes:
- Cameras
- Radios
- Antennas
- Power Supplies
- Switch Equipment
- VMS Software and related PC Hardware
Camera Cleaning
Siemens will clean cameras located in and around the Santa Ana PD facility and the cameras installed as part of
the Civic Center Campus Security System. This proposal includes cleaning for the following cameras and
quantities:
- Cameras in and around the Santa Ana PD, 48 in total.
- Cameras installed during the Civic Center Campus Security System project, 35 in total, seven (7) of which
are located at intersections which will require a bucket truck.
Milestone Software Upgrade Program (SUP)
Siemens will provide for the yearly renewal of the Milestone Software Upgrade Program (SUP). SUP provides for
online customer service access. Milestone requires a valid SUP for all technical support functions. Lapse in SUP
could critically affect service performance on your system. Please note our proposal includes the cost to re -new
the SUP with Milestone on or about May 1 5'2014.
Siemens Confidential and Proprietary
25A -10
iSIEMENS
buff
NOUSTRY, Inc.
Repair and /or Replacement of video surveillance system components
The program provides the City of Santa Ana and the Santa Ana Police Department with priority service response.
Siemens service prioritizes in coming service requests based on TSP contracted services, nature of request
(emergency and non - emergency) and order of call (as logged by Customer Service Call Center). Customers with
contracted Technical Support Programs (TSP) will always be Siemens' priority customers. The response time for
customers with a TSP contract is a maximum of four (4) hours for emergency conditions and next business day
for all non critical calls. After hours and emergency service is offered to those customers contracting for this level
of service. Customers without a TSP contract and relying on "Time and Materials" service receive first available
service (after TSP customers have been serviced). Items covered under this agreement include:
- Cameras: Axis indoor /outdoor fixed cameras, indoor /outdoor PTZ cameras. Camera count included in this
proposal includes: (48) cameras in and around the Santa Ana PD and (35) cameras installed during the
Civic Center Campus Security System Project
- Radios: (30) Ubiquity radios, (2) Bridgewave radios, one installed on the roof of the PD and the other on
the roof of Santa Ana City Hall
- Antennas
- Power Supplies
- Cisco Switch Equipment supplied by Siemens
- Cables: Siemens guarantees the workmanship of the cabling installed by a Siemens technician or our
valued sub contractors for one (1) year
- SureView Immix Siemens Technical Support'
- (2) HP DL380 & (2) HP DL360 Servers
Siemens Confidential and Proprietary
25A -11
SIEMENS
INDUSTRY, Inc.
Synopsis
hN�
aSUCf
Service
Coverage
Response time — onsite for critical components
Response time 4 hours
Response time — onsite non - emergency
Next business day — Monday through Friday
8:00am -5:00 m
Hours of Service
24/7/365
Emergency Service
Weekends, Holidays and after hours included
Milestone Video System Software
Included
Software Revisions included as released
Labor Coverage
Included
Parts Coverage
Included
Preventative Maintenance —visual inspection
ncluded, three times during contract term
Camera Cleaning
Included, three times during contract term
Siemens Pricing Summary
Siemens Industry, Inc. shall provide the services as outlined in this proposal dated 11/11/2013 and the attached
terms and conditions.
Duration: This agreement shall remain in effect for an Initial Term of 18 months beginning 12/1/2013.
18 months 12/01/2013 to 05/31/2015 $99,540.00 paid in advance
Applicable sales taxes are included in the price of this proposal. Prices quoted in this proposal are firm forgo
days.
Proposal accepted by: Proposal submitted by:
Otto Laufer
Officer Santa Ana Police Department
Signature Date
P.O.#
M
❑ Customer purchase order included as an attachment to this
agreement and will be referenced on invoices.
❑ Customer purchase order not required. Invoices will be
approved and processed with signature of authorized customer
representative.
Thank you for your time and consideration,
Doug Hicks
Business Development Manager
Siemens Industry, Inc.
Cities and Infrastructure
714 - 454 -9809
Siemens Confidential and Proprietary
25A -12
Doug Hicks
Business Development Manager
Siemens Industry, Inc.
Signature Date
Eric Ackerman
Area Fire Safety and Security Manager
Signature Date
SIEMENS
INDUSTRY, Inc.
The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc.; (i) the Proposal and the Contract
Terms and Conditions, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with
respect to its subject matter (collectively, hereinafter referred to as the "Agreement") and (ii) in the event of any conflict between the terms and
conditions of the Proposal and the terms and conditions of The Contract Terms and Conditions, the Contract Terms and Conditions shall control.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS
INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT
(S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER.
SERVICE TERMS AND CONDITIONS (REV, 10109) Included In the Services are limited to restoring the proper working condition of
Analclel: Cho erel such Covered Equlprnenl. SIEMENS will not be obligated to provide
1.1 (a) This Agreement conallial the entire, complete and exclusive replacement Covered Equipment that represents significant capital
agreement between the parties relating to the services ( "Seat yi to be improvement compered to the original. Exchanged or removed components
provided by SIEMENS end supersedes end cancels all pdar proposals, become the property of SIEMENS. except Hazardous Materiels, which under
agreements and understandings, when or oral, relating to the suspect matter of all circumstances remain the property and responsibility of Customer
this Agreement. Neither party may assign the Agreement or any rlgbts or 3.4 Unless agreed otherwise, SeMces do Rat Include and SIEMENS Is not
obligations hereunder without the prior written consent of the other except that responsible for (a): (a) service or provision of consumable topples, including
either party may assign this Agreement to its affiliates and SIEMENS may but not limited to batteries and Fell cylinder charging; (b) nanstalaton Or
grant a security interest to the proceeds to be Said to SIEMENS under this relocation of Covered Equipment, (c) painting or refinishing of Covered
Agreement; assign proceeds of the Agreement; and /or use subcontractors In Equipment or surrounding surfaces; Ch changes to S¢Ncos; (e) parts,
performance of the Services. Tha terms and conditions of this Agreement shell accessodes, attachments or other devices added to Covered Equipment but
not be modified or rescinded except in writing with the prior approval of the not furnished by SIEMENS; (f) failure to continually provide suitable operating
Legal Deparimervts of SIEMENS and Customer and signed by duty aghodEed envatoment including, but not United to adequate space, ventilation. electrical
officers ormenagers of SIEMENS and Customer. power and protection from the elements; or Sp the removal or reinstallatlon of
gn Nothing contained In this Agreement shall be construed to give any rights replacement valves, dampers, waterflow switches, venting or draining systems.
or benefits to anyone other than the Customer and SIEMENS without the SIEMENS is not responsible for services performed on any Covered
express written consent of both parties. All provisions of this Agreement Equipment other than by SIEMENS or its agents.
allocating resporestu rty or Ilabllity between the partles shall survive the 3.8 The Services shall be performed In a manner consistent with the degree of
completion of the Services and termination of this Agreement. care and skill stalnedly exerclsed by persons performing the same or similar
(c) Certain terms and conditions contained herein may not apply to the Services Services in the same locale under similar circumstances end conditions.
to be provided hereunder. If is the intent of the parties, however. that the 3.6 SIEMENS shall perform the Services during its local, normal vmrking
IRdefpfetalion to be given to the terms and conditions Is to apply all terms and hours, Unless otherwise stated In this Agreement .
conditions unless clearly Inapplicable given the type of Services included. 3.7 SIEMENS is not required to conduct safety or other tests, install or
1.2 This Agreement shall be governed by and enforced in accordance with the maihiatn any devices or equipment or make modifications or upgrades to any
laws of the State of Illinois. Any fission arising under this Agreement shall be equipment beyond the scope of this Agreement. Any request to change the
brought In the Slate or Commonwealth In %Nch the Services are proulded to scope or the nature of the Services must be In the form of a mutually agreed
Customer. TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE change order, effective onlywhen executed by all Pulse hereto.
ANY RIGHT TO A JURY TRIAL ON MATTERS ARISING OUT OF THIS 3.8 AN reports and drawings specifically prepared for and deliverable to
AGREEMENT. Customer pursuant to this Agreement (`Oefivxwbf vf) shall become Customers
1.3 Afterthe eNchadon of me Inhal Term, MIS Agreement shall ishomalicafy rearm la property upon full payment to SIEMENS. SIEMENS may retain fre copies of
succeasloe one yearpededs beginning an the anntversary data of Me lnldal Term unless such Deliverables, All other reports. notes, calculations, data bravados,
slated dheRase inthe Agreement, estimates, specifications, manuals, other documents and all computer
1A FiNxnparty may lermirete aementl[his Agreement al the antl of [M1e initial Term programs, codes and computerized materials prepared by or for SIEMENS are
OF at the end of a renewal term by hang the other parry at leas[ suvy (00) days poor Instruments of SIEMENS' work ( 'Insvumend) and shall remain SIEMENS
'mitten nonce of suchamendmenis orinant not to renew. property. Siemens conveys no license to sonyvare unless olreadi ,expressly
1.5 H. dubng ad n:Wn 90 days after the term of this Advanced, Qammer engages provided in this Agreement. At Delivort and Instruments provided to
any Sl EMENS eleplaym who has performed work under this or any other agreement Customer are for Permitted Users use only for the purposes disclosed to
between Customer and SIEMENS. Custaner shall pay SIEMENS an amount cousin, SIEMENS, and Customer shall not transfer them to others or use them or
the emplosai latest annual salary. permit them to be used for any extension of the Services or any other purpose.
Artro1e2: Covered Equipment without SIEMENS' express wrltlen consent. Any reuse of Deliverables or
2.1 "Covered etathro t" shall mean that equipment expressly identified as Instruments for other projects or locations Abdul the written consent of
System Components in this Agreement, The Customer represents that at the SIEMENS, cruse by any party other than Permitted Users, will boat Permitted
commencement of this Agreement ell Covered Equipment is in satisfactory Users Sole risk and without liabilily to SIEMENS, and in adjudicate any other
working condllon and complies with all applicable codes, rights SIEMENS may have. Customer shall Indemnify, defend and hold
2.2 H the fire or fife safety system is Included as pad of the Covered SIEMENS harmless from any dolma, losses or damages arising therefrom.
Equipment does not comply with all applicable codes or If removal of any 3.9 Customer acknowledges that SIEMENS, In the name] cana l of Its
Covered Equipment from coverage would compromise or impair the integrity or business, may use concepts, skills and know -how developed while performing
the compliance with law of any system or Services, and Catonist' falls to take other contracts. Customer acknowledges the benefit which may accrue to It
cor ecllve astloa than SIEMENS may terminate. this Agreement w,thauf former though this practico . and accordingly agrees that anything In this Agreement
obllgafiom and retain all monies ro eleadpumuontlo this Agreement. notwithstanding Siemens may continue, without payment of a royally, this
2.3 All ban[p, and ar pecllon of any Covered Equipment provided for in this practice of using concepts, skills and know -how developed while performing this
Agreement will be performed at the time and place and in the manner deemed Agreement,
appropriate by SIEMENS. In accordance with applicable law and the 3.10 where Sauces include energy consulting, any estimates Of probable
.comments of than current National Fire protected Association ( "NFPA") construmtlon or lmplerrrentaflon costs, financial evaluations, feasibility studios or
guidelines if apals.ble, and other relevant Standards, Customer is solely economic analyses prepared by SIEMENS, the documents prepared for the
responsible far, and hereby indemnifies and holds SIEMENS harmless from Customer will represent SIEMENS' best judgment based on SIEMENS'
and against, any lability acting from Customer's Specification of a testing experience and the information reasonably available to SIEMENS at the time
schedule other than then current NFPA or other applicable standards or It that IDs BervPpes am performed. Customer acknowledges that SIEMENS does
2,4 IT the Covered Equipment Is allered or moved by any parson, Including not control. (a) the costs of tabor, materials, equipment or services fundshad by
Customer, other than SIEMENS or a person authorized by It, Customer shall others; (or averad market conditions or, le) coniredors' methods of
imm istely notify SIEMENS in writing, and SIEMENS reserves the right to determining prices. Aesord rgy. Customer acknowledges that proposal, bids
perform a raecceptance test on, or If necessary, a recommissioning of the or actual costs may differ from opinions, ovaluatlons or studies submitted by
system at Customer's expense, Reacceptenca tests will be performed in SIEMENS as part of the Services provided hereunder .
accordance with then current NFPA or other applicable woolromenis. and 3.11 Where Services Include EMC, SIEMENS will have a disaster recovery
charged on a time and materials basis, plan and a disaster contingency plan.
Afarele S Services by SIEMENS Arilcle d: Responslbli ties of Customer
3.1 SIEMENS shall onlyperfonnlhe Seruess Identified lnthle Agreement, 4.4 Customer, without nest to SIEMENS, shelf
3.2 SIEMENS shall have no liability or obligation to continue providing (a) Designate a contact person with authority to make decisions for Customer
Services is the event Customer fails to pin authorize a reecceptence lest or regarding the Services and provide SIEMENS with mformahon sufficient Iq
recommissioning that SIEMENS reationality deems necessary: (b) naliry contact such careen In an emergency. If such representative cannot be
SIEMENS of any modifications or changes to the Covered Equipment or reached, any request for SeMces facatvad from a person located at
unusual or asterisk, changed Operating conditions, hours of usage, system Customer's site will be deemed authorized by Customer, and SIEMENS will, In
malfunctions nbuildlo, alterations that may affect the Sarvless',(c) preyidethe its reasonable discretion, ad accordingly;
acoess to any site where Services are to be performed or (d) operate, service (b) Provide or orange without cost all reasonable provisions, means and
or maintain the Covered Equipment in accordance win manufacturer's or access for SIEMENS to any site and the equipment where Services are o be
suppliers instructions or this Agreement. After any of the aforesaid events performed
SIEMENS may terminate or suspend services under this Agreement
Immedlatal, upon gluing notice to Customer. (of Permit SIEMENS to control and/or operate all controls, systems,
31 Ary repelrs and replagamanls of Covered Equipment as may be expressly apparatus, equipment and machinery necessary to perform the Services;
Siemens Industry, Inc., Building Technologies Division Service Only 2009
Siemens Confidential and Proprietary
25A -13
SIEMENS
INDUSTRY, Inc.
al.rc
(d) Furnish SIEMENS with all avallabla information pertinent to the Services', amount under this Agreement. CUSlomer shall reimburse SIEMENS costs and
(a) Obtain and furnish to SIEMENS all approvals, permits and consents from expenses (including reasonable attorneys' and witnesses' fees) incurred for
government authorms and others as may be required for performance of the collection under this Agreement. If Customer disputes any portion or all of an
Services except for those SIEMENS has expressly agreed In mating to obtain: Invoice, it shall notify SIEMENS In writing of the amount in dispute and the
(f) Maintain the Services site in a safe condition; notify SIEMENS promptly reason for its disagreement within 21 days of receipt of the invoice. The
of any site conditions requiring special care; and provide SIEMENS with any undisputed portion shall be paid when due, and interest on any unpaid portion
available documents describing the quantity, nature, location and extent of such shall accrue as aforesaid, from the date due until paid, to the extent that such
conditions; amounts are finally determined to be bell SIEMENS,
fig) Comply With all laws and provide any notices required to be given to any S4 Except to the Worst expressly agreed in this Agreement, SIEMENS' fees
government authorities In connection with the SeMces, except such notices do not Include any lazes, excises, fees, duties, permits or other government
SIEMENS has expressiyagreed Inthis Agreement to give; charges related to the Services. Customer shall pay such amounts or reimburse
(h) Provide SIEMENS with Materiel Safety Data Sheets (MSDS) conforming SIEMENS for any amounts It pays. If Customer claims a tax exemption or
to OSHA requirements related to all Hazardous Materials at the site Which may direct payment permit, It shall provide SIEMENS with a valid exemption
impact the Services; candidate or permit and indemnify, defend and hold SIEMENS harmless from
(i) Furnish to SIEMENS any contingency plans related to the site any taxes, costs and renafies arising out of same.
J) Furnish the Specified operating environment, Including without limitation, 5.5 Unless agreed otherwise, the pricing for each year after the Ingal Term of
suitable, clean, Stable, properly conditioned elaclncal pacer and other utllilue.; the Agreement and each year of each renewal of the Agreement shall be
(k) Maintain all Covered Equipment in good wonting order in compliance with determined as the immediate prior year price plus a than escalator based upon
all applicable laws and service, repair and replace all Covered Equipment as the U.S. Department of Labor, Bureau of Labor Statistics Urban Consumer
necessary; and, price Index -AII Urban Consumers U.S. All items, 1902— 1904 =100 ('CPI-U'),
(9 Perform inspections and tests as Indicated in the Life Safety System In addition, each renewal term pricing shall be adusted for any So lions or
Logbook and record same In the Life Safety System logj deletions to Services selected forms renewal term, The price escalatorshing be
4.2 Customer acknowledges mat the technical and pricing information herein Is the latest Seml- annual CPI -U Identified above published prior to each annual
proprietary to SIEMENS and agrees not to disclose or otherwise make It anniversary , This escalator shall be applicable to each annual term, whether a
available to others. renewal term Oran annual term after the first year of the Initial Tenn,
4.7 Customer ecknowfifill that it is now and shall be at all limes in control of Article (h Changes; Delays; Excused Performance
the Services site. SIEMENS shall not have any responsi billy, duty or authority 6,1 As the Services are performed, conditions may change or cimumstances
to direct, supervise or oversee any employees or contractors of Customer or outside SIEMENS' reasonable control (such as changes of law) may develop
their Well or to provide the means, methods or sequence of [heir Work or to which require SIEMENS to expend additional costs, anon or time to complete
stop their work. SIEMENS' work anchor presence at a site shall not Above the Services, in which case SIEMENS shall notify Customer and an equitable
others of their responsibility to Customer or to others. Except as expressly adjustment made to the compensation and time for performance. In the event
provided herein, SIEMENS Is not responsible for the adequacy of the health, conditions or circumstances require Services to be suspended or terminated
safety or security programs or precautions related to Customer's or It other SIEMENS shell be compensated for Services performed and for coals
contractors' activities or operations the work of any other person or entity: or reasonable Incurred in connection with the suspension or termm mulon.
Customers site conditions. SIEMENS is not responsible for inspecting, 6.2 SIEMENS shall not be responsible for loss. delay, Injury. damage or
observing, reporting an correcting health or safety conditions or deficiencies of failure of performance that may be caused by circumstances beyond Its control,
Customer or others of Customer's site. So as not to discourage SIEMENS Including but not limited to acts or emissions by Customer or Its employees,
from voluntarily addressing such Issues, In the event SIEMENS does make agents or contractors. Acts of God, war, c1v11 commotion, acts or omissions of
observations, reports, suggestions or otherwise regarding such Issues, government authorities, fire, (hall, corrosion, flood. water damage, lightning,
SIEMENS Shall not be liable or responsible for same. freeze -ups, strikes, lockouts, differences with workman, rots, explosions,
4.4 Except as expressy, stated In this Agreement, Customer is solely quarantine restrictions, delays in transportation, or shortage of vehicles, fuel,
responsible for any removal, replacement or refinishing of the building Simcture labor or materials. In the event of any such circumstances. SIEMENS shall be
or finishes that maybe required to perform or gain access to the Services excused from performance of the Services and the time for performance shag
4.5 Customer alone shall act to protect life and property from the time a partial be Wended by a period equal to the time lost plus a reasonable recovery
ormll System mill occurs until SIEMENS notifies Customer that such system period and the compensation equitably adjusted to compensate for additional
is operational or the emergency has been cleared. Customers actions shall costs SIEMENS incurs due to such dreumsturado
include all appropriate Interim safely precautions (such as a manual "fire ArTicle7r Warrantles;Ofscfafiners; Llmltetlonof Liability
watcH'L SIEMENS shall have no obligation to provide guards, fire watch Zf Labor In performing the Services is warranted to be free from defects In
personnel, or other services follrnNirtg a system failure, except Services as are worlamanshlp for 9U days after the Services are performed All labor provided
specifically provided for in this Agreement, by SIEMENS hereunder found to be defective and emermoe qualifying under
4,6 Customer shall not attach to the system or Covered Equipment any device this warranty shall be re- parformed by SIEMENS, Such re- performance
that interferes with the Services or the proper operation of the system or hereunder shall not interrupt or prolong the terms o1 this warranty. In the event
Covered Equipment that any such re- performance tails to cure such defects, then Customers
Article 5. Comparesatlon exclusive remedy against SIEMENS for damages from any cruse whatsoever,
5.1 Annual Feels) Shalt be adjusted far each year after the final year of the whether in contract or ton, shall not exceed an amount equal to the Iimta0on set
Initial Term pursuant to the agreed Price Adjustment hereto and incorporated forth in Section 7.5 herein.
herein, Unless otherwise agreed in writing, this Agreement is not cancelable 72 THE EXPRESS LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU
and the annual fee is not refundable except as provided herein, OF AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY,
5.2 Paymbarts to be made under this Agreement wll poade, for and be in EXPRESS. OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL
consideration of, any SeMces spedfi Included under the Proposed Seidl. At EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
other SeMces. Including but red limited to the following, shall be separately bill or FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CAPACITY, OR
surcharged on a time and materials basis'. (s) emergency SeMces Performed at WORKMANSHIP, ALL EXPRESS OR IMPLIED WARRANTIES AGAINST
Custo,rl request, if Inspection does not reveal any dercleney covel'ed by INS PATENT INFRINGEMENTS OR DEFECTS, WHETHER HIDDEN OR
Agreennal (b) SeMces performed other then aunty SIEMENS' fomrel waking APPARENT, AND EXPRESS OR IMPLIED WARRANTIES WITH RESPECT
fil arid( of Serdceperformed aiequipmentnotcovered bythls Ageement TO COMPLIANCE OF THE COVERED EQUIPMENT WITH! THE
5.3 SIEMENS Shall Invoice Customer as provided in this Agreement, or if not REQUIREMENTS OF ANY LAW, REGULATION, SPECIFICATION OR
expressly provided, then an an annual basis prior to the Start Date and annually CONTRACT RELATIVE THERETO. WHICH ARE HEREBY EXPRESSLY
thereafter on the anniversary of such Slant Dale, Invoices are due and payable DISCLAIMED.
net cash upon receipt unless Customer has applied and been approved for 7.3 Customer hereby, for it and any parties claming under it, releases and
credit with SIEMENS, I. which case the invoice is payable within 30 ..leader discharges SIEMENS from any liability arising out of all hazards covered by
days of receipt by Customer or as otherwise set forth In this Agreement. If any Customer's insurance, and all claims against SIEMENS arising out of such
payment is not received when due, SIEMENS may deem Customer to be in hazards, Including any night of suprogatlom by Customers insurance carrier, are
breach hereof and may enforce any remedies avallabla to It hereunder or at herebywaived by Customer.
law, Including will-wt limitation, acwlaralion of payments and suspension or
termination of Services at any time and without notice, and shall be enlitled to 7.4 ANY IDEAS, SUGGESTIONS, RECOMMENDATIONS, FINANCIAL
compensation for 8ervlces previously performed and costs reasonably Incurred EVALUATIONS, FEASIBILITY STUDIES OR ECONOMIC ANALYSIS
In connection With the suspension or lerninatlon. In the event that any payment PREPARED BY SIEMENS UNDER THIS AGREEMENT WILL REPRESENT
due hereunder Is not paid when due, Customer Spool to pay, upon demand, ITS BEST JUDGMENT BASED ON ITS EXPERIENCE AND THE
as a late charge, one and one -half percent T 514) of the amount of the payment AVAILABLE INFORMATION, CUSTOMER ACKNOWLEDGES THAT THE
per month, hann ed by the maximum ale permitted by law of each overdue ENERGY MARKET IS VOLATILE AND SUBJECT TO FREQUENT PRICE
Siemens Industry, Inc., Building Technologies Division Service Only 2009
Siemens Confidential and Proprietary
25A -14
INDUSTRY, Inc.
AND REGULATORY CHANGES_ THEREFORE. CUSTOMER FURTHER
ACKNOWLEDGES THAT SIEMENS DOES NOT CONTROL FUTURE
MARKET CONDITIONS ORTHE ENERGY MARKET'S REGULATORY
CLIMATE, NOTHING HEREIN SHALL BE CONSTRUED BY THE
CUSTOMER AS A PREDICTION OF FUTURE ENERGY MARKET
CONDITIONS OR ENERGY PRICES. ACCORDINGLY, SIEMENS DOES
NOTPROVIDE CUSTOMER A GUARANTYOR WARRANTY OF THE
RESULTS OF SIEMENS' RECOMMENDATIONS_ CUSTOMER
MAKESANY AND ALL ENERGY PROCUREMENT AND RELATED
DECISIONS. CUSTOMER ACKNOWLEDGES THAT ALL ENERGY
PROCUREMENT AND RELATED DECISIONS ARE MADE AT THE
CUSTOMER'S SOLE RISK.
7.5 WITH RESPECT TO ANY LIABILITY (WARRANTY OR OTHERWISE)
THAT SIEMENS MAY HAVE UNDER THE AGREEMENT, IN NO EVENT
SHALL SIEMENS BE LIABLE (INCLUDING WITHOUT LIMITATION, UNDER
ANY THEORY IN TORTS) FOR ANY L055 OF USE, REVENUE,
ANTICIPATED PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS AND/OR LOST BUSINESS OPPORTUNITIES) ARISING OUT OF
OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES
WHETHER ARISING IN WARRANTY, TORT, CONTRACT , STRICT
LIABILITY, OR ANY OTHER THEORY OF LIABILITY, WHETHER, FOR
WARRANTY, LATE OR NON- DELIVERY OF ANY SERVICES, AND
WHETHER SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES', and, in any even. SIEMENS aggregate liability for anyend
all claims, losses or expenses (including attorneys fees) arising out of this
Agreement, or out of any Services furnished under this Agreement. whether
based In contract, negligence, strict liability, agency, warranty, trespass,
indemnity or any other theory of liability, shall be limited, as liquidated damages,
to the greater of $1,000 or 10% of me total compensation received by
SIEMENS from Customer under this Agreement. SIEMENS reserves the right
to control the defense and settlement of any clalm for which SIEMENS has an
obligation under the wardely hereunder. The parties acknowledge that the price
which SIEMENS has agreed to perform its Services and obligations under this
Agreement is activated based upon the foregoing limitations of [lability and
that SIEMENS has expressly relied on, and would not have entered into this
Agreement buffer such limitations of lleality,
7.6 It is understood and agreed by and between the parties that SIEMENS Is
not an Insurer and this Agreement is not Intended to be an Insurance pollcyor a
substitute for an moral poppy. Insurance, If any shell he obtained by
Customer. Fees are based solely upon the value or the Seamless, and are
unrelated to me value of Customers property or the property of others on
Customers premises,
8.1 SB: LrrniO w1lmn t be rrnfinflnre for the maintenance, s
B.9 mees t ceseeb of he respatshle f. the malntenanc lintle it or replacement Of,
or rsee pe necessitated by reason oc (a) nonmed tocro nourepleceehle a
obsolete a of Iha ,and Equipment, incadhi tf r not our, tl to tludwoci shell nd twater
heat exdargers, rd's, unit ural sus, cesngs, refrnday material, and bar alsame, water
and pneumatic piping stated h r lX or coding town, slats antl basins. etc. unless
otherwise spspers or stated herein; a (b) rogigmce, abuse, misuse, improper ce
or repairs re naciflactions
manuf Improper aural a lack it opamla maintenance
or is o failure to campy sear menNndIts de opa. SARI and S refnmedal regulmrt>m's,
Mrs of God or othaurreasaa beyond Its Equi STEM ENS than by s no 2sNS or for any sancta perfemretl on any Covered Equipment other Than by SIEMENS ar fts
'aras
6.2 ea SIEMENS Shames beresponsibo loss,uding butnot' damage mat maybe
eased M yCuLTAfances beyond its co r ag rs, Acts but not war. Gfud to ads n.
ads of government, Qlstamer arks em,AOy el a or serfs, s, of God, war. rill bisexu l
ads of ess, fire, melt, canceled
systemn,acker water damage, Ile, dng,ences am
compNer stoke x program ar mine re hackers. shakes, ticks art tion, or shortage
am
workmen, cots, arposiorrs, quaar0ne reshitlions, delays in transportation, or shortage
6. va SIE FEN, is not reason h.
ds SIEMENS is not for repeim, ter was treatment b Cesto LgersRAl
due to diced corrosion, erosion, Ins b aer or is p eguele wain Ireelmed by dhers, plectra is
BA SIEMEND shot 'not he responsible
atite ibleforwehes. allarclnslutions, of an other
valves,
rmar my mou. wrieffrow antl tamper snitches, allow, �atlons and ET she
permaner2y mounted Inlegml pipe or air rind comporavl. Pddliorely, SIEMENS shall
not be responsible ER ay venting or dmelning of systems.
8.6 WHERE ATTAIN INCLUDE EFFORTS BY SIEMENS TO HELP
CUSTOMER TO ATT N REBATES AND/OR INCENTIVES N, AVAILABLE
SOURCES OR THAT ANY COLT REDUCTION, CUSTOMER
COST REDUCTION THAT ANY REBAT AVAILABLE OR ENERGY! FUEL
COAT REDUCTION THAT MAY T AVAILABLE TO CUSTOMER IS
GRANTED BY A THIRD PARTY OUTDID[ THE CONTROL ENS.
CUSTOMER FURTHER ACKNOWLEDGES THAT WHILE SIEMENS WILL
EITHER ASSIST CUSTOMER OR ENDEAVOR ITSELF TO OBTAIN ANY
AND ALL E. SATESNJC DOES NOT OR ENERGY/ FUEL COST ILL OBTAIN
AVAILABLE. SIEMENS DOES NOT GUARANTEE THAT IT WILL OBTAIN
OR APPLY FOR ALL REBATES/INCEIITIVES OR ENERGY,' FUEL COST
Siemens Industry, Mc., Building Technologies Division
REDUCTIONS THAT MAY BE AVAILABLE TO CUSTOMER FURTHER,
CUSTOMER HEREBY RELEASES SIEMENS FROM ANY AND ALL
LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING FROM
SIEMENS' FAILURE TO OBTAIN OR APPLY FOR ANY REBATE/
INCENTIVE OR ENERGY /FUEL COST REDUCTION THAT COULD IN ANY
WAY BE OBTAINED BY CUSTOMER,
Articfe Of Hazardous Materials Provlslons
0.1 The Services does not include drectly or Indirectly performing or arranging
for the detection, monitoring, handing. storage. removal, Iramporlatlon,
disoosal or treatment of OII or Hazardous Medical.. Except as disclosed
Perri this Article, Customer represonathat. to its best knowledge, there Is
no asbestos or any other hazardous or toxic materials, as defined in the
Comprehensive Environmental Response, Compenselion antl Liability Act of
1880, as amended, the regulations promulgated thereunder and other
applicable federal, state or local law ('Nazereadus Materials "), present at
Customer's Sites where the SBMces are performed. SIEMENS will call
Customer Immediately If If discovers or suspects the presence of any
Hazardous MatecaL Al Services have been priced and agreed to by SIEMENS
In reliance on Customers representations BS Set forth In this Amas The
puissance of Hazardous Materials constitutes a thongs in this Agreement
whose terms must be agreed upon by SIEMENS before Its obligations
hereunde- andlcanlinuld
9.2 Customer Is salary responsible for testing, abating, encapsulating,
removing, remedying or neutralizing such Hazartlous Materials, and for the
costs thereof. Customer Is responsible for the proper diaexam of all Hazardous
Moledels and Oil that at anytime are present at the Services site In accordance
with all applicable federal, state, and local laws, regulations, and ordinances.
Even if change order has been entered Into pursuant to this Article, SIEMENS
shall have the right to slop the Services until the site is free from Hazardous
Matene[s. In such event, SIEMENS shag receive an equitable extension of time
to complete me Services, and compensation for delays caused by Hazardous
Materials remediallon. In no event shall SIEMENS be required or construed to
take dire ownership or responsibility for such Oil or Hazardous Materials.
Customer shall sign any required waste manifests in conformance with ell
government regulations, listing Customer as the generator of the waste.
99 Customer warrants that, prior to the execution of this Agreement, it shall
notify SIEMENS In wrlting of any and all Hazardous Materials which to
Customers best knowledge are present, potentially present ar Ilkely to become
present at the Services site and shall provide a ca, of any slle safely policies,
including but not limited to look out and tag procedures, chemical hygiene plan,
hi or otter items required to be disclosed or maintained by federal, state,
or local Jews, regulations or ordinances.
9.4 Customer shall indemnify, defend and hold SIEMENS harmless from and
against any damages, losses, cost's, liabilities or expanses (Including attorneys'
fees) arising out of any Oil or Hazardous Materials or from Customer's breach
of, or !allure to perform Its obligations under this Article.
itrtlele l0: fmpmtlEr mothodemelfy
10.1 Customer acknowledges that SIEMENS is raquhatl to comply with
applicable export laws and regulatlohs relating to the sale, exportation, transfer,
assignment, disposal and usage of the Covered Equipmenl or Services
provided under the Contract, Including any expert license requirements.
Customer agrees that such Covered Equipment a Services shag not at any
time already or Indirectly be used prepared, sold, transferred, assigned or
otherwise disposed of in a manner which mdll result in non - compliance with such
applicable export laws and regulations. It shall be a condition of the continuing
performance by SIEMENS of its obligations hereunder that compliance with
such export laws ant regulations be maintained at all times. CUSTOMER
AGREES TO INDEMNIFY AND HOLD SIEMENS HARMLESS FROM ANY
AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES
RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS
AND REGULATIONS.
Article 1 L Small Business Concern
11A SIEMENS shall adhere to FAR 5221 M6 regarding the'Utlfzatl on of Smell
Business Concerns as pad of its Commercial Small Business 5ubcontractiry
Agreement with the federal government. SIEMENS' policy is to offer' small
business concerns, including small disadvantaged businesses, women owned
small businesses, HUBi smell businesses, veteran owned small businesses
end service disabled veteran ownetl small businesses, the "maximum radical
opportunity'to paddleats In performing contracts let by any commercial entity,
[cost government or federal agency, including smnoniracts for subsystems,
assemblies, components, end related services for major systems,
Siemens Confidential and Proprietary
25A -15
service only 2009
ye fit
25A -16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
SETTLEMENT AGREEMENT WITH THE
SMOG PLACE FOR GRAND AVENUE
WIDENING (PROJECT NO. 081732
NONGENERALFUND)
CITY MANAGIL
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
r_1=10.141YJAW
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a settlement agreement with
Antonio Rios dba The Smog Place, tenant of the property located at 1222 East Fourth Street (APN
398 - 385 -03), in the amount of $17,665 for all right, title, and interest, in and to certain
improvements, including fixtures and equipment, subject to nonsubstantive changes approved by
the City Manager and City Attorney.
DISCUSSION
Grand Avenue is a north -south transportation facility which is designated as a major arterial
highway and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue
between First and Seventeenth Streets has been a long -term priority project that will be
constructed in several phases. Improvements include widening the roadway from two to three
lanes in each direction; construction of raised landscape medians; new curb, gutter, and sidewalk;
and bike lanes. The Public Works Agency is acquiring property for development of Phase I,
bounded by First and Fourth Streets, and expects to complete the acquisition process by
December 2013. Construction is anticipated to begin by early 2014.
The Uniform Relocation Act obligates the City to relocate tenants of the properties acquired for the
widening of Grand Avenue and sets standards for benefit amounts. As part of the relocation
process, Antonio Rios, the tenant at 1222 East Fourth Street (Exhibit 1), will be paid for all rights,
title, and interest, in and to certain improvements, including fixtures and equipment, due to the
relocation of the business (Exhibit 2). The compensation amount for the property is the appraised
value as prepared by an appraiser licensed by the State of California.
25B -1
Settlement Agreement with The Smog Place for
Grand Avenue Widening Project
December 2, 2013
Page 2 of 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Final Environmental Impact
Report (SCH No. 1998051068) approved by the City Council in 2002. In accordance with the
National Environmental Policy Act, an Environmental Assessment document with a Finding of No
Significant Impact was prepared for the proposed project and approved by the California
Department of Transportation and Federal Highway Administration in 2011.
FISCAL IMPACT
Funds to cover the recommended settlement agreement payouts are appropriated in the Regional
Surface Transportation Program (Account 05917660 - 66220) and Transportation System
Improvement Area Fund (Account 99117950- 66220).
Edwin "William" G Ivez, P.E.
Interim Executive Director
Public Works Agency
EWG /KN
Exhibits: 1. Location Map
2. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25B -2
4 A
(NTS) j 398 - 383-04
i 398383.08
39B 383 13
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LEGEND:
Uw SUBJECT PROPERTY
EXHIBIT 1
SANTA ANA lT LE:
SETTLEMENT AGREEMENT FOR
.. P "IA . AGENDA DATE:
GRAND AVENUE WIDENING
L DEQ 2.2m (PROJECT NO; 081732 NON — GENERAL FUND)
25B -3
25B -4
SELL ALL (NO SALVAGE)
Project: Grand Avenue Widening Project
APN: 398- 385 -03
Tenant - Seller: Antonio E. Rios dba
The Smog Place
AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S
INTEREST IN REAL PROPERTY
THIS AGREEMENT ( "Agreement ") is entered into as of this day of
2013, by and between THE CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the Constitution and laws of the State of California
(`Buyer "), and ANTONIO RIOS DBA THE SMOG PLACE ( "Tenant - Seller") for the
acquisition by Buyer of certain interests in real property described herein.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT. Tenant - Seller agrees to sell and convey to Buyer, and Buyer agrees to
purchase and acquire from Tenant - Seller, upon the terms and for the consideration set forth in
this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures
and equipment (collectively "Improvements ") located in, on, or affixed in any manner to the
premises lmown and numbered as 1222 E. 0' Street, Unit B, Santa Ana, California ( "Premises ")
which Premises are part of that real property described in Exhibit "l" attached hereto, located in
the City of Santa Ana, Orange County, California ( "Property "), and (b) any tenancy interest of
Tenant - Seller ("Tenancy Interest ") in and to the Premises and the Property. The Improvements
to be conveyed by Tenant - Seller are a part of the Premises, and specifically include, without
limitation, the items described in the list of Improvements Pertaining to the Realty attached
hereto as Exhibit "2 ".
2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement,
shall be the sum of: SEVENTEEN THOUSAND SIX HUNDRED SIXTY FIVE DOLLARS
NO /100 DOLLARS ($17,665.00) ( "Purchase Price "), and shall be paid as follows:
SEVENTEEN THOUSAND SEVENTY -ONE AND 96/100 DOLLARS ($17,071,96) payable to
Antonio E. Rios dba The Smog Place; and
FIVE HUNDRED NINETY - THREE AND 04/100 DOLLARS ($593.04) payable to
Employment Development Dept., P.O. Box 989061, West Sacramento, California 95798 -9061
3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant - Seller agrees to execute
a Quitclaim Deed in the same form as that attached hereto as Exhibit "3" in favor of Buyer
( "Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title
and interest in and to the Tenancy Interest,
4. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also
convey from Tenant - Seller to Buyer all of Tenant - Seller's interest in and to the Improvements,
which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens,
EXHIBIT 2
25B -5
assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and
Closing (as defined below) of the transaction described herein shall be subject to Tenant - Seller's
vacation of the Premises and proof of clear title to all said Improvements having been obtained
and received by Buyer in accordance with Paragraphs S mid 9 of this Agreement.
S, RECORDING, Recordation of any documents delivered through this Agreement is
authorized if necessary or proper, upon acceptance by Buyer as described herein.
6, CERTIFICATION OF OWNERSHIP. Tenant - Seller hereby warrants and certifies under
penalty of perjury that Tenant - Seller is the owner of the Improvements and that no document has
been signed by or on behalf of Tenant - Seller for the purpose of creating any lien, encumbrance,
or security interest in any of the Improvements, and that the Tenant - Seller does not know of any
claim of lien, encuunbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the
Property, duly recorded, mid (b) real and personal property taxes.
7. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its
authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing
of this transaction for the purpose of malting necessary inspections.
S. BLuI.I� SALE. In order to establish proof of clear title to the Improvements, Buyer may
publish allotice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain
a title report and /or a reportt from the Secretary of State's Office as to filings of security interests
covering the Improvements.
9. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security
interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall,
upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -
Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such
claim of interest or lien, The withholding of such Raids shall not .prevent Closing of this
transaction if the total funds to be withheld from Tenant- Sclter do not exceed the net amount to
be paid to Tenant - Seller through this transaction. Buyer will not pay out the withheld funds or
disburse any withheld funds to any claimant or other party (except upon court order or Ievy)
without the written consent of Tenant - Seller.
A general creditor's claim shall not be deemed to be a claim against any specific item of
Improvements and Tenant-Seller hereby agrees to accept all responsibility therefore. Unless
otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this
transaction for the Improvements, It shall be, Presumed that the Property owner is the owner of
all improvements, fixtures and equipment associated with the Premises other than the,
Improvements,
10, DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an
action to condejun the Tenancy Interest and /or Tenant - Seller's interest in the Improvements,
Tonant-Seller hereby consents to the dismissal of such action and waives any claims for
compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which
might arise out of the tiling of such action, whether or not such claim is specifically identified
herein. Tenant - Seller hereby authorizes Buyer to withdraw and wake payable to Buyer any
funds deposited with the Court in any such eminent domain action.
r
11. CLOSING: PURCHASE PRICE ADJUSTMENTS, Recording of the Quitclaim Deed by
Buyer will constitute "Closing" of this transaction. At Closing, Buyer will 'pay the Purchase
Price to Tenant - Seller, subject to the following adjustments:
A. Pay and charge Tenant - Seller fnr any and all
current and /or delinquent taxes and any penalties and interest
thereon, and for any delinquent or non- delinquent assessments or
bonds against the Improvements and the Tenancy firterest,
B. Pay and charge Tenant- Seller for any amount necessary to place title in the
condition necessary to satisfy Paragraphs 4 and 9 of this Agreement,
C. Disburse funds when conditions of this Agreement have been satisfied by Buyer
and Tenaat-Seller.
12. FULL AND COMPLETE SETTLEMENT, Tenant - Seller hereby acimowledges that the
compensation paid to Tenant - Seller through this Agreement constitutes the full and complete
settlement of any and all claims against Buyer, resulting from or arising out of Buyer's
acquisition of the Property and the Tenancy Interest and any dislocation of Tenant- Seller from
the Premises, specifically including, but not limited to the value of the Improvements, leasehold
improvements, any and all claims for rental or leasehold value and any and all claims in inverse
condemnation and for precondemnation damages and any and all other claims that Tenant - Sellor
may have, whether or not specifically mentioned here, relating directly or indirectly to the
acquisition by Buyer of the Property, the Improvements and the 'Tenancy Interest (but excluding
relocation benefits to which Tenant - Seller may be entitled and the loss of business goodwill, if
any). Tenant- Seller and Buyer and each and all of their agents, representatives, attorneys,
principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries
(collectively "Releasees "), hereby release the other party, and its Releasees, and each of them
from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitation those relating to just compensation or
damages which any of them now have, or might hereafter have by reason of any matter or thing
arising out of or in any way related to any condemnation action affecting the Property, the
Improvements and the Tenancy Interest.
13, ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tonant- Seller
acknowledges that it has been advised by its attorneys concerning, and is familiar with, the
provisions of California Civil Code §1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor"
Tenant- Seller aclmowledges that it and any others acting on its behalf herein may have sustained
damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give
rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant - Seller
acknowledges that this Agreement has been negotiated and agreed upon iii Tight of that situation
and hereby expressly waives any and all rights which it or others acting on its behalf may have
under California Civil Code §1542, or wader any statute or common law or equitable principle of
similar effect.
256 -7
Tenant - Seller:
14, jQONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the
duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the
Improvements. This transaction is further subject to and contingent upon approval and
acceptance by Buyer.
15. AGREEMENT TO EXECUTE. Tonaut- Seller and Buyer agree to execute and file any
additional agreements, consents or other documents reasonably necessary to effect the fall and
complete settlement and purchase of the Improvements and the Tenancy Interest,
16. AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that
the persons executing this Agreement are duty authorized to do so and to act on behalf of
Tenant - Seller and Buyer respectively.
17. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of
pending or potential litigation between Tenant- Soller and Buyer and shall never be treated as an
admission by Buyer for any purpose of liability or as to value of any property or claim.
18, SURVIVAL OF RIGHTS AND QBLIGATIONS. Notwithstanding the releases
contained herein and agreement concerning this transaction, all the rights and obligations created
under and pursuant to this Agreement shall survive the execution of the Agreement, the releases
contained herein and the Closing of this transaction,
19, WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER.
Tenant - Seller hereby warrants, represents, and /or covenants to Buyer that:
A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material
claims, legal proceedings, or any other proceedings affecting the hnprovements,
the Tenancy Interest or any portion thereof, at law or in equity, before any court
or govenmiental agency.
B. Until the Closing, Tenant- Seller shall maintain the Improvements and the
Premises in good condition and state of repair and maintenance, and shall perform
all of its obligations under any service contracts or other contracts affecting the
Improvements and the Promises.
C. Until the Closing, Tenant - Seller shall not do anything which woudd impair
Tenant - Seller's title to the Promises, the Impovements or the Tenancy Interest.
D, All utilities including gas, electricity, water, sewage, and telephone, are available
to the Premises, and to the best of Tenant - Seller's knowledge, all such items are
in good working order.
E. To the best of Tenant- Seller's knowledge, neither the execution of this Agreement
nor the performance of the obligations herein will eouflict with, or violate any of
the provisions of any bond, note, evidence of indebtednoss, contract, lease, or
other agreement or instrument to which Tenant- Seller, the Premises, the
Improvements or the Tenancy Interest may be subject.
F
F. Until the Closing, Tenant - Seller shall, upon learning of any fact or condition
which would cause any of the warranties and representations in this Paragraph 19
not to be true as of Closing, immediately give written notice of such fact or
condition to Buyer.
20. HAZARDOUS WASTF. Neither Tenant - Seller nor, to the best of Tenant- Seller's
knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has
used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic
substances, or related materials ('Hazardous Materials1d) on, under, in, or about the Property or
the Premises, or transported any Hazardous Materials to or from the property or the Premises.
Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage,
or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any
Hazardous Materials to or from the Premises, The term "Hazardous Materials" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to, any
material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste",
or "restricted hazardous waste" under §25115, §25117 or §25122,7, or listed pursuant to §25140
of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
Law), (ii) defined as "hazardous substance" under §25316 of the California Health mid Safety
Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tannor Hazardous Substance Account Act),
(iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under
§25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
§25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls,
(viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix)
designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33
U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. 56901 et sect, (42 U,S.C. 56903) or (xi) defined as a
"hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901)•
21, COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant - Seller's
knowledge, the Premises and its use complies with all applicable laws and governmental
regulations including, without limitation, all applicable federal, state and local laws pertaining to
air and water quality, hazardous waste, waste disposal and other environmental matters,
including, but not limited to, the Clean Wafer, Clean Air, Federal Water Pollution Control, Solid
Waste Disposal, Resource Conservation Recovery and Comprehensive Fnvirommental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations and ordinances of the city within which the subject Property is located, the California
Department of Health Services, the Regional Water Quality Control Board, the State Water
Resources Control Board, the Envlaonrmentgl Protection Agency and all applicable federal, state
and local agencies and bureaus.
22• INDEMNITi , Tenant- Sollor agrees to indemnify, defend and hold Buyer harmless from
and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), ,resulting
5
25B -9
from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage,
or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such
materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of hazardous Materials on, under, in, or
about, to or from, the Premises, This indemnity shall include, without limitation, any damage,
liability, fine, penalty, punitive darnage, cost, or expense arising from or out of any claim, action,
suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible
property damage, damage to the natural resource or the enviromnent, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment. This indemnity
extends only to acts or omissions of Tenant - Seller herein,
23. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any
provision of this Agreement, the party prevailing in such action sball be entitled, in addition to
such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs,
24. COUNTERPARTS. This Agreement may be executed in counterparts and when so
executed by both parties, each counterpart will constitute an original document.
25, BINDING EFFECT, The terns, conditions, covenants and agreements set forth herein
shall apply to and bind the heirs, executors, achninistrators, assigns and successors of the parties
hereto.
26. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both
parties; neither party relies upon any warranty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year set forth hereinabove,
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND..
SIGNATURE PAGE FOLLOWS.
6
25B -10
Mailing Address of Tenant - Seller Tellant- Seller
702 B. 4 " Street
Santa Ana, CA 92701-4708
By: Antonio B. Rios
Its: ]Business Owner
Buyer
Mailing Address of Buyer
20 Civic Center Plaza, M -30 THE CITY OF SANTA ANA, a charter city and
Santa Ana, California 92701 Ymmicipal corporation duly organized under the
Constitution and laws of the State of California
Paul Walters
City Manager
.Attest:
By:_.._._.V _ _.
Maria A. Iiuizar
City Cleric
Date:
Approved as to Form:
Sonia R. Carvalho
City Attorney
By.
Jose Sandoval
Chief Assistant City Attorney
256 -11
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
25B -12
LE c; AL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT 2 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO, 1,1- IUMPHREY'S
ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK I1, PAGE 39 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA,
APN: 398 - 38503
25B -13
EXHIBIT "2"
IMPROVEMENTS PERTAINING TO THE REALTY
25B -14
PUBLIC WORKS 7 DAY TIRE
CITY OF SANTA ANA FAIR MARKET VALUE
GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE: AUGUST 7, 2012
ITEM QTY DE5CRI FAIR SALVAGE
NO, IMPROVEMENTS PERTAINING INING COND PIC # MARKET TO THE REALITY VALUE VALUE
THE SMOG PLACE
11 1 BATHROOM COSTRUCTION, PERMITTED 2008: A $11,200 $0
(1) INTERIOR WALL CONSTRUCTION, 13 LF X 8' H
(1) WALL SINK, CERAMIC, SINGLE FAUCET
(1) WATER CLOSET, STANDARD
(1) 36" GRAB BAR
(1) 48" GRAB BAR
(42) SF LINOLEUM TILE, 12" X 12"
(1) MIRROR, WOOD FRAME, 24" X 32"
(1) TOILET PAPER DISPENSER, KIMBERLY -CLARK
(1) HAND TOWEL DISPENSER, KIMBERLY -CLARK
(13) LF WALL SHELVING, WOOD, 10" D
(1) FLOOR DRAIN, SINK ROUGH -IN,
WATER CLOSET DRAIN
(1) LIGHT FIXTURE WITH SWITCH
(1) DOOR, HOLLOW CORE, 36"W
(1) SUMP PUMP TO CITY PIPE, 4' X 4' PIT
(1) RESTROOM GENDER SIGN
12 1 INTERIOR CONSTRUCTION, SHOP, 010: A
3,100 0
(18) LF WALL SHELF, WOOD, 10" AND 12" D
(1) INTERIOR WALL, WOOD FRAME, DOUBLE
DRYWALL, NO ELECTRICAL, 25' L X 10'H
(2) MISC, ELECTRICAL CONDUIT(SWITCH
(00) LF 314" RIGID EXPOSED CONDUIT,
2-110,1-220
(3) 4' X 12' PIT FOR DYNOMOMETER ROLLERS
13 1 LOT CIO EXTERIOR SIGNAGE: A
1,615 0
(12) INDIVIDUAL LETTERS, PLASTIC FACE,
FOAM BACK
(1) "SMOG CHECK' SIGN, 36" DIAMETER
14 1 AWNING, 1.5" SQ ALUMINUM TUBE FRAME, SHEET U
1,350 0
METAL COVER, PAINTED, 4'X 18'
16 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A
400 20
THE SMOG PLACE $17,665 $20
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
HJelmstromAssociates 25B -15 Page Al
EYMBIT "Y'
QUITCLAIM DLLD
(See Attached)
25B -16
RECORDING REQUESTED BY:
THE CITY OF SANTA ANA
AND WHEN RECORDED MAIL TO:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M•30
Santa Ana, California 92701
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
QUITCLAIM DEED
County Assessor's parcel Number:
398- 385 -03
ne
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
Antonio E. Rios, dba The Smog Place
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the
THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, the real property in the City of Santa Ana,
County of Orange, State of California, described as
all right title and interest In and to the following described real property in Exhibit "A" including any and
all leasehold interest, title and Interest in and to the improvements pertaining to the realty which are
attached or affixed in any manner to the following described real property specifically including, but not
limited to the items in Exhibit "B ", list of Improvements Pertaining to the Realty, (fixtures and
equipment), attached hereto and by this reference made a part hereof, which are either generally or for
purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange,
State of California, described as follows:
Grantor for himself, his heirs, representatives and assigns covenants and warrants that: f) Grantor is
the sole owner of the itemized Improvements Pertaining to the Realty conveyed by this Quitclaim Deed
free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the
real property described above, including all Improvements Pertaining to the Realty, against all
demands and claims of all persons.
SEE FXHIBIT "A" & "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF
IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as
of this_ day of , 2013.
By, Date:
Antonio E. Rios
25B -17
EXIIIBIT "A"
(to Quitclaim Deed)
LEGAL DESCRIPTION OP PROPERTY
25B -18
LEGAL DESCRIPTION
Real property in the City of Santa Ana, Cotm y of Orange, State of California, described as
follows:
LOT 2 OF BLOCK A OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY "S
ADDITION TO SANTA ANA, AS PER MAP THEREOF RECORDED IN BOOK 11, PAGE 39 OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.
APN: 398 - 385 -03
25B -19
EXHIBIT 44B))
(to Quitclaim Deed)
DESCRIPTION OF CONVF YL-+D IMPPiOVEMENTS
25B -20
PUBLIC WORKS 7 DAY TIRE
CITY OF SANTA ANA FAIR MARKET VALUE
GRAND AVENUE STREET WIDENING PROJECT DATE OF VALUE; AUGUST 7, 2012
FAIR SALVAGE
ITEM DESCRIPTION: COND PIC # MARKET
NO. QTY IMPROVEMENTS PERTAINING TO THE REALITY VALUE VALUE
THE SMOG PLACE
11 1 BATHROOM COSTRUCTION, PERMITTED 2006: A $11,200 $0
(1) INTERIOR WALL CONSTRUCTION, 13 LF X S' H
(1) WALL SINK, CERAMIC, SINGLE FAUCET
(1) WATER CLOSET, STANDARD
(1) 36" GRAB BAR
(1) 48" GRAB BAR
(42) SF LINOLEUM TILE, 12" X 12"
(1) MIRROR, WOOD FRAME, 24"X 32"
(1) TOILET PAPER DISPENSER, KIMBERLY -CLARK
(1) HAND TOWEL DISPENSER, KIMBERLY -CLARK
(13) LF WALL SHELVING, WOOD, 10" D
(1) FLOOR DRAIN, SINK ROUGH -IN,
WATER CLOSET DRAIN
(1) LIGHT FIXTURE WITH SWITCH
(1) DOOR, HOLLOW CORE, 36" W
(1) SUMP PUMP TO CITY PIPE, 4' X 4' PIT
(1) RESTROOM GENDER SIGN
12 1 INTERIOR CONSTRUCTION, SHOP, CIO: A
3,100 0
(18) LF WALL SHELF, WOOD, 10" AND 12" D
(1) INTERIOR WALL, WOOD FRAME, DOUBLE
DRYWALL, NO ELECTRICAL, 25' LX 10' H
(2) MISC. ELECTRICAL CONDUIT /SWITCH
(00) LF 314" RIGID EXPOSED CONDUIT,
2- 110,1 -220
(3) *X 12' PIT FOR DYNOMOMETER ROLLERS
13 1 LOT 010 EXTERIOR SIGNAGE: A
1,616 0
(12) INDIVIDUAL LETTERS, PLASTIC FACE,
FOAM BACK
(1) "SMOG CHECK" SIGN, 36" DIAMETER
14 1 AWNING, 1.5" SCE ALUMINUM TUBE FRAME, SHEET G
1,350 0
METAL COVER, PAINTED, 4'X 18'
15 4 LIGHT FIXTURE, FLOURESCENT, 8' DBL BULB A
400 20
THE SMOG PLACE
TOTAL IMPROVEMENTS PERTAINING TO THE REALTY
$17,665 $20
HpelmsteomAssociates 25B_21 Page Al
25B -22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
SOFTWARE MAINTENANCE
AGREEMENT WITH BENTLEY
SYSTEMS, INC.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•:•
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
A 01111AAI*AV
Authorize the City Manager and the Clerk of the Council to execute an agreement with Bentley
Systems, Inc., for software maintenance and technical support for the specialized engineering
software used in the Public Works Agency, in an amount not to exceed $50,000 per year, for a
one year period, with the option to extend for up to two additional one -year terms, exercisable
by the City Manager or his designated representative.
DISCUSSION
This software maintenance agreement will allow the City to continue to utilize the Bentley
license server which provides maximum license availability without having to purchase separate
licenses of each product for every machine. Without this benefit, additional software is likely to
be required for work to continue. The Public Works Agency utilizes a number of specialized
engineering software products for its computer design services and for accessing data on the
Geographic Information System. Bentley Systems, Inc., owns and maintains this software.
The software maintenance agreement also ensures that the City receives technical support for
critical software issues that could greatly impact the Agency's ability to meet deadlines for
engineering projects in our Traffic, Design, and Water divisions. The Agency's current
agreement expires at the end of the month.
FISCAL IMPACT
The cost of maintenance for the first year of the agreement is projected to be $44,188.21.
Funds are budgeted in FY 13/14 and FY 14/15 in the Public Works Administration program for
professional contract services (Account 10117601- 62300). Funds for the optional final
agreement extension year will be allocated in the FY 15/16 budget.
Edwin "Willi " Galvez, P.E.
Interim Executive Director
Public Works Agency
Exhibit 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
2rjCi- Finance & Management Services Agency
25C -2
BENTLEY SELECT PROGRAM SALES AGREEMENT AND SOFTWARE LICENSE
This Agreement is entered into this 2nd day of December, 2013, between BENTLEY
SYSTEMS, INC. ( "Company "), with its principal place of business at 685 Stockton Drive, Exton,
PA 19341, and the City of Santa Ana ( "Customer "), a California municipal corporation.
Term of Agreement. This Agreement shall commence on the Effective Date and shall
continue for an initial term of twelve (12) months. This Agreement may be extended for up to two
additional one -year periods, exercisable by the City Manager or his designated representative.
SECTION A. TERMS AND CONDITIONS APPLICABLE TO PURCHASE AND
INSTALLATION OF EQUIPMENT, SOFTWARE, AND OTHER
ITEMS.
1. General Scope of Services. COMPANY promises and agrees to furnish to the City
all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully
and adequately supply the specialized engineering software products necessary for computer design
services and for accessing data on the Geographic Information System ('Services'). The Services
are more particularly described in `Bentley Select Program Agreement (6/11) ", Exhibit 'A' attached
hereto and incorporated herein by reference including definitions required for interpreting the
services described. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
2. Schedule of Services. COMPANY shall perform the Services expeditiously, within
the term of this Agreement. COMPANY represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions. In order to
facilitate COMPANY's conformance with the Schedule, City shall respond to COMPANY's
submittals in a timely manner. Upon request of City, COMPANY shall provide a more detailed
schedule of anticipated performance to meet the Schedule of Services.
3. Payment. Payment terms: City shall pay the license subscription fees set forth in
Exhibit B, within 45 days after the effective date of this Agreement.
4. Limited Warranty. COMPANY warrants that all COMPANY Equipment and
Software media shall be free from defects in materials and workmanship, for a period of one (1)
year from the date of shipment. This warranty is extended to Customer only and shall not apply to
any Equipment (or parts thereof) or Software media in the event of:
(a) Damage, defects or malfunctions resulting from misuse, accident, neglect,
tampering, (including modification or replacement of any COMPANY
components on any boards supplied with the Equipment), unusual physical
or electrical stress or causes other than normal and intended use;
BENTLEYSELECTAGR
EXHIBIT 1
25C -3
(b) Failure of Customer to provide and maintain a suitable installation
environment;
EXCEPT AS PROVIDED ABOVE, THE PARTIES AGREE THAT ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXCLUDED.
5. Limitation of Liability. Customer's sole remedy, and the sole liability of
COMPANY, for any breach by COMPANY shall be to repair or replace, at COMPANY' option,
any parts or Software media found to be defective, without charge to Customer for parts or labor,
provided that the COMPANY Equipment and Software media have been installed, maintained and
used in accordance with COMPANY requirements and have not been subject to abuse or tampering.
COMPANY agrees to be liable for personal injury caused solely by the negligence of its
contractors, agents and employees.
6. General
(a) This Agreement shall be governed by California Law. Venue shall be in
Orange County.
(b) The invalidity or illegality of any provision of this Agreement shall not
affect the validity of any other provision. The parties intend for the
remaining unaffected provisions to remain in full force and effect.
(c) Customer shall not assign this Agreement or the License to the Software
without the prior written consent of COMPANY and any purported
assignment, without such consent, shall be void.
(d) Neither party shall be liable for failures or delays in performance due to
causes beyond its reasonable control, including war, strikes, lockouts, fire,
flood, storm or other acts of God. Both parties agree to use their best
efforts to minimize the effects of such failures or delays.
(e) All notices given under this Agreement shall be in writing and sent
postage pre -paid, if to COMPANY, to the COMPANY address on the
front of the Agreement, or if to Customer, to the billing address on the
front of this Agreement.
(f) No action, regardless of form, may be brought by either party more than
one (1) year after the cause of action has arisen.
(g) This Agreement supersedes all prior or contemporaneous representations,
negotiations, or other communications between the parties relating to the
subject matter of this Agreement. This Agreement may be amended only
in writing signed by authorized representatives of both parties.
BENTLEYSELECTAGR
25C -4
(h) COMPANY warrants that it has good title to equipment and the necessary
rights to license the software.
(i) COMPANY warrants that the software and equipment, as delivered to
Customer, does not infringe upon any third -party rights in patent,
copyright, or trade secrets in the United States.
(j) Notification. All notices required herein and communications regarding
interpretation of the terms of the Agreement or changes thereto shall be
provided by the mailing thereof by United States mail, postage prepaid
and addressed as follows:
CUSTOMER COMPANY
City of Santa Ana Bentley Systems, Inc.
Public Works Agency (M21) 685 Stockton Drive
P.O. Box 1988 Exton, PA 19341
Santa Ana, CA 92701 -4058
Attn: Trevor Burgan
Attn: Dick Franklin
SECTION B. TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ONLY
1. Schedule of Services. COMPANY shall perform the Services expeditiously, within
the term of this Agreement, and in accordance with the terms and conditions set forth in Exhibit
W. COMPANY represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate COMPANY's conformance
with the Schedule, City shall respond to COMPANY's submittals in a timely manner. Upon request
of City, COMPANY shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
2. License Terms. COMPANY owns or has the right to license the Software. The
Software contains proprietary trade secret technology. Unauthorized use and copying of such
Software is prohibited by law, including United States and foreign copyright law. The price
Customer pays for a copy of the Software constitutes a license fee that entitles Customer to use the
Software as set forth below.
(a) COMPANY grants to Customer a non - exclusive, nontransferable license
to use the Software. This License may be terminated by COMPANY by
written notice to Customer upon any material breach of this Agreement by
Customer. This License is subject to all of the terms of this Agreement,
including those set forth below:
(b) Customer recognizes and agrees that the license to use the Software is
limited, based upon the amount of the license fee paid by Customer.
Limitations may include the number of employees, simultaneous users,
Software product modules, Software features, computer model and serial
number, and/or the number of terminals to which the Software is permitted.
BENYLEYSELECYAGR
25C -5
to be connected. Customer agrees to: 1.) use the Software only for the
number of employees, simultaneous users, computer model and serial
number, and /or terminals permitted by the applicable license fee; 2.) use
only the product modules and /or features permitted by the applicable
license fees; and 3.) use the Software only in support of Customer's own
business. Customer agrees not to increase the number of employees,
simultaneous users, terminals, product modules, features, or to upgrade the
model, as applicable, unless and until Customer pays the applicable fee for
such increase /upgrade. Customer may not relicense or sublicense the
Software to, or otherwise permit use of the Software (including
timesharing or networking use) by any third party. Customer may not
provide service bureau or other data processing services that make use of
the Software without the express prior written consent of COMPANY.
(c) Customer may use the computer programs included in the Software (the
"Programs ") in object code form only, and shall not reverse compile,
disassemble or otherwise convert the Programs into uncompiled or
unassembled code.
(d) Customer may copy the Programs as necessary to load and execute the
Programs and for backup purposes only. All copies of the Programs or
any part thereof, whether in printed or machine readable form and whether
on storage media or otherwise, are subject to all the terms of this License,
and all copies of the Programs or any part of the Programs shall include
the copyright and proprietary rights notices contained in the Programs as
delivered to the Customer.
(e) In the event that COMPANY supplies updates, corrections, modifications,
new versions or new releases of the Software, (collectively referred to as
"Updates "), such Updates shall be part of the Software and the provisions
of this License shall apply to such Updates and to the Software as
modified thereby.
(f) Customer may terminate this License at any time by returning to
COMPANY the original copy of the Software and destroying all other
copies of the Software. Upon termination of this License by COMPANY,
Customer will return the original Software to COMPANY and destroy all
other copies of the Software.
BENTLEY SYSTEMS INCORPORATED
BY:
NAME;
TITLE:
DATE:
BENTLEYSEUCTAGR
25C -6
CITY OF SANTA ANA
IC
DA
DAVID CAVAZOS
City Manager
BENTLEYSELECTAGR
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
BY:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
EDWIN "WILLIAM" GALVEZ, P.E.
Interim Executive Director
Public Works Agency
25C -7
`_-�'Benttey, BENTLEY SYSTEMS, INCORPORATED
SELECT PROGRAM AGREEMENT Bentley SELECT
NORTH AMERICA
Bentley SELECT Agreement CLA Number
This SELECT Program Agreement (together with all exhibits and attachments hereto as in effect from time to time, the "Agreement ") is made as
of the Effective Date by and between Bentley Systems, Incorporated, a Delaware corporation with its principal office and place of business at 685
Stockton Drive, Exton, Pennsylvania 19341, and the subscriber identified below ( "Subscriber "). All references herein to "Bentley" include Bentley
Systems, Incorporated and its direct and indirect subsidiaries.
Subscriber desires to enter into this Agreement to subscribe to the Bentley SELECTS Program ( "SELECT Program ") to acquire licensing
privileges and services offered from time to time under the SELECT Program, all as more fully described in the lettered exhibits attached hereto.
Subscriber, upon signing this Agreement, is bound by the terms of this Agreement and Exhibits A and B hereto. Subscriber shall be bound by any
amended or supplemental exhibit provided by Bentley upon Subscriber's license or purchase of products or services to which such amended or
supplemental exhibits apply. The lettered exhibits attached to this Agreement are incorporated herein and made a part of this Agreement, as such
exhibits may be updated, amended and supplemented with additional exhibits from time to time upon thirty (30) days after delivery through
electronic or other means to the Subscriber; provided, that as to particular products and services licensed or purchased hereunder, Subscriber shall be
bound by the form of the exhibits in effect at the time the products or services are licensed or provided. Upon any renewal of this Agreement, the
updated, amended or supplemented exhibits in effect at the time of such renewal, if any, shall be applicable to all licensing privileges and services
under the SELECT Program provided from and after the date of such renewal. Notwithstanding the foregoing, unless Bentley and Subscriber agree
otherwise by a writing duly executed by authorized representatives of the parties, no amendment or supplement to the exhibits to this Agreement
after any perpetual license purchase shall limit or impair the rights of Subscriber under the perpetual license terms and conditions in effect at the time
such license is acquired.
For definitions of the capitalized terms used in this Agreement and the Exhibits hereto, see Section 1 of the General Terms and Conditions
included as Exhibit B. The term of this Agreement is set forth in the General Terms and Conditions under the caption "Term;
Termination." The terms of all Product licenses acquired hereunder shall be as set forth in Section 5 of Exhibit A to this Agreement, and all
Product licenses hereunder are subject to the termination provisions applicable to such licenses in Section 5 of Exhibit A to this Agreement
and in the General Terms and Conditions. Subscribers may not use the licenses, services and other benefits provided under this Agreement
for purposes of developing software applications for distribution outside of their organization or for providing end -user training on Bentley
Products other than to internal end users. If your organization falls into either of the foregoing prohibited categories, then please contact
Bentley about other programs that are better suited for your business.
BY SIGNING BELOW, SUBSCRIBER ACKNOWLEDGES THAT, THROUGH ITS AUTHORIZED REPRESENTATIVES, IT HAS
READ AND UNDERSTANDS THIS AGREEMENT (INCLUDING ALL ATTACHED EXHIBITS), AGREES TO BE BOUND BY THE
TERMS AND CONDITIONS CONTAINED HEREIN AND HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT.
SUBSCRIBER IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATIONS NOT EXPRESSLY SET
FORTH HEREIN. A FULLY EXECUTED COPY OF THIS AGREEMENT WILL BE RETURNED TO SUBSCRIBER AFTER THIS
AGREEMENT 1S APPROVED AND ACCEPTED BY BENTLEY.
SUBSCRIBER BENTLEY SYSTEMS, INCORPORATED
Company Name
Signature
Printed Name
E -mail Address
Address:
Telephone:
Date Signed:
SEL002520- 1/0005 6 /11
Printed Name
685 Stockton Drive
Exton, Pennsylvania 19341
Telephone: 610-458 -5000
Exhibit A Date Signed:
BENTLEY SELECT PROGRAM AGREEMENT
SELECT Program Benefits
Exhibit A
Dated as of January 2010
General.
Subscriber agrees to purchase SELECT Program coverage for all
Bentley Products licensed and CALs acquired by Subscriber. Bentley
shall provide SELECT Program services to Subscriber for all Bentley
Products licensed by Subscriber, subject to the provisions of this
Agreement. Subscriber may complete and submit to Bentley a
supplemental form referenced by Bentley as Attachment I
( "Attachment T'), and if completed Attachment 1 shall be
incorporated into this Agreement, provided that (except with respect
to the duration of the initial terra of the Agreement) in the event of
any inconsistency between this Agreement and Attachment 1, this
Agreement shall control with respect to Subscriber's SELECT
Program subscription. Any additional Bentley Products licensed by
Subscriber during the tern of this Agreement shall be added
automatically to Subscriber's SELECT Program coverage hereunder
and the additional SELECT Program Fees will be included in
Subscriber's periodic invoices for SELECT Program services.
SELECT Support Services
platform for an equivalent license for such Product on another
platform (a `Platform Exchange "),
3.02. Such Upgrade, Update, or Platform Exchange may be in
downloadable electronic form, or any other means as Bentley may
choose from time to time in its sole discretion.
3.03. In order for Subscriber to be eligible to receive Upgrades, Updates, or
Platform Exchanges, Bentley may require that Subscriber first return
the Product (or component thereof, such as hardware lock or CD.
ROM) subject to the Upgrade, Update, or Phrtfonn Exchange directly
to Bentley.
3.04. If Subscriber receives an Upgrade and uses such Upgrade then
Subscriber's aggregate use of the Upgrade and the original Product
subject to such Upgrade may not exceed the number of licenses
purchased for such Product. If Subscriber receives a Platform
Exchange then Subscriber must immediately cease using the original
Product subject to such Platform Exchange,
2.01. Bentley may provide SELECT support services to Subscriber either
directly or, at its discretion, through authorized Bentley Channel
Partners, A Channel Partner's authorization may be limited to a
particular Site or Sites, Subscriber acknowledges that Channel
Partners are independent contractors of Bentley, and that there is no 4.01
employer /employee relationship between Bentley and its Channel
Partners.
2.02. Bentley shall provide Technical Support services to Subscriber,
which includes telephone, facsimile, electronic mail, and Internet
based support to assist Subscribers regarding the use of Bentley
Products, CALs and services (however, not to include professional
services or professional training services) and reasonable efforts to
respond to technical inquiries within four hours during regular
business hours. The telephone portion of Technical Support services
will be available seven days a week, 24 hours per day, provided that
after normal business boom at a Subscriber's regional support
location, Subscriber may be required to contact another Bentley
support center.
2.03. Bentley shall have no obligation to provide a response or other
service hereunder if Subscriber's technical inquiry is caused by: (a)
incorporation or attachment of a feature, program, or device to a
Product not approved or supplied by Bentley; (b) any
nonconformance caused by accident, transportation, neglect, misuse,
alteration, modification, or enhancement of a Produce (c) failure to
provide a suitable installation environment; (d) use of the Product
other than as described in its Document Set or as authorized under
this Agreement; or (e) failure to incorporate any Update previously
released by Bentley. Bentley shalt offer SELECT support services for
a given version of a Product, for at least twelve months, or until two
Upgrades have been released by Bentley, whichever occurs fast.
2.04. If Subscriber experiences a production - stopping anomaly, Bentley
will use good faith effort's to create an appropriate solution and
deliver it electronically, or through such other moans as Bentley may
choose in its sole discretion,
3. Upgrades, Updates, and Platform Exchanges
3.01. Subscriber shall have the right to receive, at no additional charge
(other than shipping and handling, if applicable), Upgrades and
Updates for each Product covered by the SELECT Program as such
Upgrades and Updates become available. Subscriber shall also have
the right to exchange, at no additioind charge (other than shipping and
handling, if applicable), a license for a Product (other than a
Subscription License) covered by the SELECT Program on one
SEL002520 -1 /0005 6 /11
SELECT Online.
Subscriber shall receive access to SELECT Online as set forth below
and in more detail in the applicable online agreement found at
www.benVley.corn (the "Online Agreement "):
Bentley may, from time to tine, offer certain services, including, but
not limited to, paining services, to its SELECT subscribers on a
computer online service, electronic bulletin board, Internet site or
through technology developed in the future ( "SELECT Online "),
Subscriber shall use SELECT Online only in accordance with and
subject to this Agreement, the terns provided herein and as
supplemented from time to time in the Online Agreement that is a
condition precedent to use of SELECT Online. 'The Online
Agreement supplements this Agreement but does not supersede it in
any respect. In the event of a conflict between the Online Agreement
and this Agreement, the terns of this Agreement shall control.
4.02. Bentley shall have the sole right to control the format, content,
delivery and all other aspects of SELECT Online. Bentley specifically
reserves the right at any time to modify the information provided
through SELECT Online, discontinue any portion of SBLECT
Online, or terminate the SELECT Online service altogether without
providing Subscriber any prior notice.
4.03. Absent a written agreement with Bentley to the contrary, Subscriber's
use of SELECT Online constitutes Subscriber agreement to be bound
by the terns of the Online Agreement.
5. Product Licensing
5.01. General
(a) Existing Licenses. Bentley and Subscriber agree that the terns
of this Agreement shall amend and supplement all license
agreements existing as of the Effective Date for Products
(including prior versions thereof). In the event of a conflict
between the terns of any license agreements existing as of the
Effective Date for Products and the terms of this Agreement, the
terms of this Agreement shall control until termination of this
Agreement, whereupon, with respect to any perpetually licensed
Products, the terms of the license agreement provided with the
Product upon its delivery to Subscriber shall govern
Subscriber's use of any such Product.
(b) Future Licenses. In the event that Subscriber acquires or
licenses a copy of a Product, Subscriber's use of such Product
shall be governed by the terms of the license agreement
Page 2 of 12
BENTLEY SELECT PROGRAM AGREEMENT
SELECT Program Benefits
Exhibit A
Dated as of January 2010
provided with the Product upon its delivery to Subscriber, as
Subscriber using pooled licensing hereby agrees to install and
amended or supplemented by the terns of this Agreement in
implement Bentley's SELECTserver or such other Bentley
effect at the time of such purchase. Subscriber hereby agrees
licensing technology as may be required by Bentley from time
that its downloading or use of any Products delivered to it shall
to time to monitor usage. Subscriber agrees and acknowledges
constitute Subscriber's acceptance of the license agreement
that Bentley's SELECTserver will from time to time transmit to
terns provided with the Product upon its delivery to Subscriber,
Bentley the usage log files generated by SELECTserver or such
If Subscriber licenses additional copies of a Product that is
other Bentley licensing technology. Subscriber agrees to allow
already licensed by Subscriber, such additional licenses may be
the above transmission to Bentley or otherwise to transmit to
authorized through delivery of a new License Key and without
Bentley true and accurate copies of such usage log files. For
delivery or download of any additional Product. In such
purposes of clarity, the right to pool licenses of Products granted
instances, Subscriber agrees that the license agreement terms
to Subscriber pursuant to this Section 5.02(a) of Exhibit A shall
contained or cross - referenced in the License Key shall govem
terminate in the event of any termination or non - renewal of this
Subscriber's use of such Product. In the event of a conflict
Agreement, notwithstanding that the subject Products may be
between the terns of the license agreement provided with a
licensed on a perpetual basis. The pooled licensing benefits set
Product upon its delivery to Subscriber and the terns of this
forth in this Section 5.02(a) of Exhibit A are not applicable to
Agreement in effect at the time such Product is purchased, the
Server Products, Client Software and associated CALs.
terms of this Agreement in effect at the time such Product is
purchased shall control for the term of this Agreement
(b) No -Charge Licenses.
However, with respect to any perpetually licensed Product,
upon any termination of this Agreement the terms and
(1) If a Product is designated as eligible on SELECT Online,
conditions of the license agreement provided with the Product
Subscriber is hereby entitled on a non - exclusive basis,
upon its delivery to Subscriber shall govern Subscriber's use of
without payment of license fees but otherwise subject to
the Product,
the terns of this Agreement, to create Production Use
copies, for use only by Subscriber, of certain Products
(o) No Transfers. Subject to Section 8.01 of Exhibit B, Subscriber
made available by Bentley from time to time and which
shall not sell, transfer, assign, grant a security interest in,
are designated by Bentley as no- charge software.
sublicense, loan, lease or rent soy of its rights under its CALs or
Subscriber is entitled to redistribute such Products, which
licenses to use Bentley Products without the prior written
are designated by Bentley as available for such
consent of Bentley. If consent is given by Bentley, Subscriber
redistribution, in machine readable form to third parties to
may permanently transfer a license to another end user,
which Subscriber distributes its Bentley Product's files;
provided all software and related documentation and media
provided that Subscriber procures each such thud party's
covered by such license are transferred to the transferee end
agreement not to further redistribute such Product's. Unless
user and the Subscriber does not retain any copies thereof, and
Bentley specifically authorizes otherwise in writing, such
provided further that the transferee end user agrees in writing
free licenses granted or redistributed hereunder will expire
with Bentley to cover all of its CALs and licensed Products
upon termination of this Agreement.
under the SELECT Program and be bound by the terns of the
license agreement then in effect for such CAL or Product.
(2) For each of Subscriber's licenses of a Product designated
by Bentley as eligible on SELECT Online, Subscribermay
(d) No Commercial Hosting. Products am licensed for Production
at no charge receive a single CAL allowing one additional
Use only. Products may not be used to provide commercial
User (which User may, under the terms of Section 5.02(1)
hosting services or as the basis for fee or transaction based
of Exhibit A, be an External User) of that designated
services.
Product to instill and use Client Software to access any
properly licensed Server Products, for Production Use, and
5.02. Licensing Programs. Unless otherwise specifically set forth herein,
in accordance with Section 5.02(t) of Exhibit A. Such
Bentley Products are licensed on a Per Device basis as set forth in the
CALs granted hereunder will expire upon termination of
applicable end user license that ships with the Bentley Product. The
this Agreement.
following licensing programs are not available for all Products; please
check SELECT Online to see which Products are eligible for the
(e) Home Use Licenses. Unless Subscriber notifies Bentley in
respective licensing programs (absent a specific designation of
writing that Subscriber's employees shall not be entitled to
eligibility, a Product is ineligible for any such program). Bentley
obtain home use editions of a Product, Bentley will distribute
reserves the right to add or remove any Product from eligibility for
upon an employee's request made through Subscriber's site
licensing under the following programs. Bentley reserves the right to
administrator, and permit Subscriber's employees to use,
discontinue any of its licensing programs at any time, without notice
without charge, home use editions of certain Products (for
to Subscriber. However, until renewal or termination of this
which such editions are available, as designated on SELECT
Agreement, such termination of any licensing program shall not affect
Online) in accordance with the temrs set forth in the license
the licenses for Products previously granted pursuant to such
agreement provided with such home use edition of a Product, as
terminated licensing program. For purposes of cla iry, all licenses
amended and supplemented by this Agreement. Restrictions on
previously granted pursuant to a terminated licensing program shall
home use licenses include the following: home use licenses are
terminate upon the renewal or termination of this Agreement.
not permitted to be used for Production Use or any commercial
use, including training; home use licenses are not for use in
(a) Pooled Licensing. If a Product is designated as eligible on
Subscriber's offices; home use licenses may not be stored on
SELECT Online, then Bentley hereby grants to Subscriber a
any electronic media; home use licenses roust be permitted in
limited non - transferable non - exclusive right to use such Product
Subscriber's jurisdiction. no total number of home use editions
for Production Use only on multi -mser computer networks, and
available to Subscriber's employees may not exceed the number
to install a licensed Product on more than one computer or hard
of Subscriber's Product licenses to which the home rise editions
disk, provided that all users under this arrangement are at the
relate. Home use editions of Products are ineligible for
store Site and the number of users that Use a Product during
Technical Support even if Subscriber has purchased SELECT
any one interval does not exceed the number of copies of such
Program services. Subscriber shall not be responsible for
Product for which Subscriber has licenses at such Site. Any
tusm-hg compliance by its employees with the Bentley home
SEL002520 -1 /0005 6 /11
Page 3 of 12
BENTLEY SELECT PROGRAM AGREEMENT
SELECT Program Benefits
Exhibit A
Dated as of January 2010
use license, nor shall Subscriber be liable for any breaches of
SELECT Program services that the same CALs or
such license by its employees. Such home use licenses granted
Products under a perpetual license would entitle
hereunder will expire upon ternhtation of this Agreement.
Subscriber to receive.
(d) Evaluation of Products. If a Product is designated as eligible
(5) Subscriber recognizes that the CALs, Products and
on SELECT Online, Bentley hereby giants to Subscriber,
Portfolios acquired or licensed under a Subscription
subject to its compliance with the procedures of this Section
License are provided to Subscriber for use only for the
5.02(d) of Exhibit A, a limited nondransferable non - exclusive
applicable License Tenn or any renewal tern. In no event
right to create, using SELECT Online (following the registration
will a Subscription License continue beyond the expiration
requirements set forth on SELECT Online), one (1) copy per
or earlier irradiation of the SELECT Agreement tinder
Site of each Product contained on SELECT Online solely for
which it is granted. Subscriber recognizes that CAL
Evaluation Use of such Product, provided that Subscriber shall
Subscriptions, Product Subscriptions and Portfolio
have no right to create evaluation copies of Products previously
Subscriptions may be delivered to Subscriber with
licensed by Subscriber. The duration of use of an evaluation
embedded Thne Clocks. Subscriber agrees that Time
copy shall not exceed thirty (30) days, and Bentley may provide
Clocks are not considered a defect of such Subscription
the Product with a mechanism that will cause the Product to
Licenses and releases Bentley from any and all claims,
time out or expire after thirty (30) days. Upon the earlier of the
however characterized, arising from or related to Time
conclusion of such (30) day evaluation period or the termination
Clocks or their operation. Subscriber may not remove or
of this Agreement, Subscriber shall destroy all copies of
evade Time Clocks.
Products created for evaluation hereunder and, upon request by
Bentley, certify such destruction in writing.
(6) hr the event of any inconsistency between this Section
5.02(e) of Exhibit A and any other Section or Exhibit of
(e) Subscription Licensing.
this Agreement, or between this Section 5.02(e) of Exhibit
A and the terms and conditions in the license agreement
(1) Subscriber may, upon Bentley's approval, license certain
provided with any Product or CAL that is the subject of a
Products, or acquire CALs, for a specified term (a
Subscription License, this Section 5.02(e) of Exhibit A
"Subscription License"). A Subscription License may
shall control with respect to Subscription Licenses.
entitle Subscriber m license rights in a single Product (a
"Product Subscription ") or a specified portfolio of (t)
Client Software Benefits. "Client Access License" or "CAL"
Products (a `Portfolio Subscription ") for Production Use,
is a license right to install and use Client Software and permit a
in Object Code form and within the Country, Each
User to access Server Products licensed by Subscriber, if Client
Portfolio Subscription is licensed for use on a single
Software is designated as eligible on SELECT Online,
computer at one time, and its component parts or
Subscriber may, up to the total number of CALs licensed by
individual Product elements, if any, may not be separated
Subscriber, for Production Use only: (1) install and use Client
for we on more than one computer. To be eligible to
Software, (2) permit Users, including External Users, to access
participate, Subscriber must be current on all outstanding
Server Products licensed by Subscriber; and (3) access Server
invoices for amounts owed to Bentley.
Products licensed by an External User, and the total number of
CALs counted as used hereunder shall be the number of unique
(2) The license term for a Product Subscription or Portfolio
Users, which number shall include External Users, recorded in
Subscription shall commence upon Subscriber's receipt of
the usage log files transmitted pursuant to this Section 5.02(t),
the License Key and, unless earlier terminated, shall
during the tern of this Agreement. The parties acknowledge
continue for the remaining current term of the Agreement
and agree that an External User may be permitted to access
or such shorter tenor (not less than one (1) month) as
Server Products licensed by Subscriber using a CAL owned by
Subscriber may elect at the tine the purchase order is
that External User. Subscriber agrees to transmit to Bentley,
delivered and reflected in the License Key (the "License
upon Bentley's request, true and accurate copies of the usage
Term "). The License Tenn (and each successive term)
log files generated by Server Products or such other Bentley
shall automatically renew at its expiration for a successive
licensing technology as may be required by Bentley from time
tern equal to the then remaining term of the Agreement,
to time, and information identifying any External User that has
or such shorter tern (not less than one month) as a
accessed Server Products licensed by Subscriber. Upon
Subscriber may elect at the time of such renewal, unless
expiration or earlier termination of this Agreement, the terns of
either party gives notice of its election not to renew the
the license agreement provided with the Client Software and the
License Tenn at least thirty (30) days prior to the
CAL shall thereafter govern the use of such Client Software and
expiration of the then current tern. The License Term for
the associated CAL, and Subscriber shall no longer be entitled
a particular Product Subscription or Portfolio Subscription
to the Client Software Benefits as set forth in this Section.
shall terminate upon termination of the Agreement or in
the event of non - renewal at the end of the then current (g)
SELECTserver, Subscriber may, upon Bentley's approval, and
License Tenn as provided in the preceding sentence.
at no charge, receive a Subscription License for Bentley's
SELECTserver Product (or such other server -based license
(3) The tees in effect as of the date a Subscription License for
management technology that Bentley may offer). The terns of
a CAL, Product Subscription or Portfolio Subscription is
Subscriber's use of the SELECTserver Product shall be as set
initiated or renewed hereunder shall remain in effect for
forth in the license agreement provided with the SELECTserver
such CAL, Product or Portfolio Subscription until the
Product, as such terms are amended or supplemented in this
expiration or renewal date of the License Term for such
Agreement, Subscriber acknowledges that SELECTserver (m'
CAL, Product or Portfolio Subscription. On the renewal
such other server -based license management technology that
date, the prices in effect on such date shall be applicable.
Bentley may offer) may be delivered to Subscriber with
embedded Time Clocks. Subscriber agrees that Time Clocks are
(4) During the License Term, and any renewal term, all
not considered a defect ofthe Product and releases Bentley from
Subscription Licenses for CALs, Product Subscriptions
any and all claims, however characterized, arising front or
and Portfolio Snbsoriptions shall entitle Subscriber to all
related to Time Clocks or then operation. Subscriber may not
SEL002520- 1/0005 6/11
Page 4 of 12
BENTLEY SELECT PROGRAM AGREEMENT
SELECT Program Benefits
Exhibit A
Dated as of January 2010
remove or evade Time Clocks. Subscriber agrees and
acknowledges that Bentley's SELECTserver will from time to
time transmit to Bentley the usage log files generated by
SELECTserver or such other Bentley licensing technology.
Subscriber agrees to allow the above transmission to Bentley or
otherwise to transmit to Bentley true and accurate copies of
such usage log files.
6. SELECT Program Fees
6.01. Subscriber shall pay to Bentley the applicable SELECT Program Fee
in effect for each Product licensed or CAL acquired as of the
Effective Date of this Agreement, Subscriber shall pay to Bentley the
applicable SELECT Program Fee in effect for each additional Product
licensed or CAL acquired during the tern hereof as of the date such
additional Product license or CAL is purchased. With respect to the
Products licensed or CALs acquired by Subscriber during the teen of
the Agreement, the fees in place as of the Effective Date, or, with
respect to additional Products licensed or CALs acquired, as of the
date of such purchase, shall remain in effect for the Subscriber until
the date of the next renewal of this Agreement, at which time the fees
shall be changed to those charged by Bentley as of such renewal date,
provided that no changes in fees for Products or CALs covered shall
be effective until thirty (30) days after Subscriber receives notice of
such changes. Subscription License fees as set forth in Section
5.02(e) of this Exhibit A are inclusive of SELECT Program coverage
and no additional fees for SELECT Program coverage shall apply for
Products licensed or CALs acquired under a Subscription License.
6.02. Bentley shall initially invoice Subscriber for one (1) year of SELECT
Program Fees for all Product licenses and CALs as of the Effective
Date of this Agreement. Bentley shall provide Subscriber with a pro-
rated around invoice for all Product licenses and CALs purchased
during the fast year following the Effective Date of this Agreement.
As of the first anniversary of the Effective Date of this Agreement,
invoices for SELECT Program Fees for Product licenses and CALs
shall be issued quarterly or annually. Invoices reflecting new Product
licenses or CALs will include a prorated amount reflecting coverage
of the Product or CAL under the SELECT Program during the
preceding invoice period plus the full amount for the current invoice
period. Bentley may modify the toning of invoicing hereunder at ally
time.
6.03. Calculation and payment of the SELECT Program Fee hereunder
shall be based on the local price and local currency of the
Subscriber's Site where the related Products or CAU are used.
SEL002520- 1/0005 6/11
Page 5 of 12
BENTLEY SELECT PROGRAM AGREEMENT
General Terms and Conditions
Exhibit B
Dated as of January 2010
1.
Definitions.
1.16.
"Object Code" means the Products in a machine readable form that
The capitalized words, terns and phrases in this Agreement shall
is not convenient to human understanding of the program logic, and
have the meanings set forth below:
that can be executed by a computer using the appropriate operating
system without compilation or interpretation, Object Code
1.01.
"Agreement" means the SELECT Program Agreement executed by
specifically excludes source code.
Bentley and the Subscriber and all exhibits, attachments and
amendments as in effect from time to time.
1.17.
"Online Agreement" shall be defined as set forth in Exhibit A,
Section 4 herein.
1.02.
"Bentley Products" or "Products" mean the software products, data
and other materials, previously or hereafter distributed by Bentley
1.18.
"Order" shall be defined as set forth in Exhibit C, Section 1.01
through delivery mechanisms determined in Bentley's sole discretion
herein.
(including but not limited to distribution via SELECT Online through
download or by ordering through CD format) that Bentley makes
1,19.
"Pre - Existing Works" shall be defined as set forth in Exhibit C,
available to Subscriber typically in Object Code form only, for
Section 1.08 herein.
licensing hereunder, including Updates and Upgrades thereto.
1.20.
"Platform Exchange" shall be defined as set forth in Exhibit A,
1.03.
"CAL" shall be defined as set forth in Exhibit A, Section 5.020
Section 3.01 herein.
herein.
1.21.
"Portfolio Subscription" shall be defined as set forth in Exhibit A,
1.04.
"Channel Partner" or "Bentley Channel Partner" means
Section 5.02(e)(1) herein.
individuals and companies who are authorized by Bentley to provide
SELECT support services as set forth in Exhibit A, Section 2.
1.22.
"Product Subscription" shall be defined as set forth in Exhibit A,
Section 5.02(e)(1) herein.
1.05.
"Client Software" means software that allows a Device to access or
utilize (or where applicable, be managed by) Sewer Products (and,
123.
"Production Use" means use of a Bentley Product in Object Code
also where applicable, to utilize certain aspects of the Products when
form by a User or Device, as applicable, solely for Subscriber's
disconnected from the Server),
internal production purposes, and excludes External Users (except
with respect to use of CALs and access of Server Products pursuant to
1.06.
"Country" means the country: (i) where the Product is twat obtained
Exhibit A, Section 5,020 herein) and Service Bureau Use.
from Bentley or a Channel Partner; or (ii) specified in the purchase
-red
order for which a Production Use copy of the Product may be made
124.
"Proprietary Information" shah] be der as set forth in Exhibit
or the Product is authorized to be used.
B, Section 3.06(x) herein.
1.07.
"Definition of Use" shall have the meaning set forth in each License
1.25.
`SELECT Online" shall be defined as set forth in Exhibit A, Section
Key,
4.01 herein.
1,08.
"Device" means a single personal computer, workstation, terminal,
126.
`SELECT Program Fee" means the fee for SELECT Program
hand held computer, pager, telephone, personal digital assistant,
services as set forth fi'mm time to time in Bentley's sole discretion.
Server, or other electronic device.
1.22
`SELECTserver °° means Bentley's serveo-based licensing
1.09.
"Distribute" means distribution by Bentley through all means now
technology.
known or hercinalter developed.
1.28.
"Serial Number" means a unique number issued by Bentley for
1.M
"Document Set" means, with respect to a Product, one copy of one
identification of a particular copy of a Product, which number shall be
or more user guides developed for use with such Product in electronic
registered to Subscriber and assigned by Subscriber to a particular
format or such other format as elected by Bentley in its sole
copy of such Product.
discretion.
1.29.
"Server" means one of Subscriber's computers that can run a Server
1.11.
"Effective Date" means the date that this Agreement is accepted by
Product.
Bentley as indicated on the first page of this Agreement,
1.30.
"Server Product" means a Product that provides services or
1.12.
"Evaluation Use" means the use of a Bentley Product solely for
functionality to Subscriber's Server(s).
internal evaluation of such Product. Evaluation Use expressly
excludes use in connection with ongoing projects, use for
1.31.
"Service Bureau Use" includes managing, hosting, distributing or
compensation of any kind, and Production Use.
otherwise providing access to Products across a wide area network.
1.13. "External User" means any User (not an organization) who is not
(i) one of Subscriber's full -time, part-time, or temporary employees;
or (ii) agency temporary personnel or an independent contractor on
assigument at Subscriber's place of business or work -site,
1.14. "License Key" means the document famished by Bentley in
electronic or such other format as determined in Bentley's sole
discretion, to Subscriber identifying the Product licensed and
authorizing use of a Product.
1,15. "License Term" shall be defined as set forth in Exhibit A, Section
5.02(e)(2) herein.
SEL002520- 1/0005 6/11
1.32. "Site" means all of the discrete geographic locations at which
Subscriber Uses or manages the operation of Products within the
geographic boundaries of a single Country.
1.33, "Subscriber" shall be defined as set forth on the flont page of this
Agreement, and with respect to Use of Products the tern
"Subscriber" shall refer to: (i) one of Subscriber's full -time, part-
time, or temporary employees; or (h) agency temporary personnel or
an independent contractor engaged in Production Use on assignment
at Subscriber's place of business or work -site.
Page 6 of 12
BENTLEY SELECT PROGRAM AGREEMENT
General Terms and Conditions
Exhibit B
Dated as of January 2010
134.
"Subscription License" shall be deemed as set forth in Exhibit A,
Subscriber has complied with its obligations hereunder. These records
Section 5.02(e)(1) herein,
shall include the location and identification of the Subscriber
hardware on which Subscriber uses each copy of the CALs or
1.35.
"Subscription Licensing" means acquisition of a CAL or licensing
Products. Subscriber shall, upon seven (7) days advance written
of a Product or portfolio of Products as set forth in Section 5.02(e) of
notice by Bentley, permit reasonable inspection and copying of such
Exhibit A of this Agreement
records by Bentley or a third -party auditor retained by Bentley at the
offices of Subscriber during regular working hours.
1.36.
"Technical Support" means telephone, facsimile, Internet and
electronic mail based support to assist a subscriber to the SELECT
3.
Intellectual Property Rights
Program as described in Exhibit A, Section 2.02 of this Agreement.
1.37.
"Time Clocks" means copy - protection mechanisms, or other security
3.01.
Title; Reservation of Rights. Subscriber acknowledges and agrees
devices which may deactivate Products or CALs, including Bentley's
that:
SELECTserven after termination or expiration of the Agreement, any
(a) The Products, including Document Sets for each
applicable License Term or any applicable renewal tern,
is
and any information which Subscriber obtains through the
ugh the
1.38.
"Update" means a maintenance release of a Product.
SELECT Program or the use of SELECT Online or any other
means of electronic transmission, contain proprietary
1.39.
"Upgrade" means a commercial release of a Product which has
information of Bentley, its licensors or other suppliers, and are
substantial added functionality over the Product it is intended to
protected under United States copyright laws, other applicable
replace.
copyright laws, other laws relating to the protection of
intellectual property, and international treaty provisions;
1.40.
"Use" (whether or not capitalized) means utilization of the Product or
(b) The entire right, title and interest in and to the Products, the
CAL by an individual or when a Product has been loaded into
Document Sets, any information Subscriber obtains through the
temporary memory (i.e, RAM) installed into permanent memory
SELECT Program or the use of SELECT Online or any other
(e.g. hard disk, CD -ROM, or other storage device) of a computer,
means of electronic transmission, and all associated intellectual
1.41.
"User" means an individual person.
property rights, shall remain with Bentley or its licensors;
1.42.
"Work" shall be defined as set forth in Exhibit C, Section 1.01
(c) The Products are licensed, not sold, and title to each copy of the
herein.
Products shall remain with Bentley or its licensors, mid shall not
pass to Subscriber; and
1.43.
"Work Product" shall be defined as set forth in Exhibit O, Section
(d) Bentley retains all rights not expressly granted.
1.01 herein.
3.02.
Source Code. Subscriber shall have no right hereunder Co receive,
2.
Payment of Bentley Invoices.
review, use or otherwise have access Co the source code for the
Products.
2.01.
Payment Terms. Subscriber shall pay each Bentley invoice for all
3.03.
Copyright Notices. Subscriber shall reproduce and include on all
CALs, Product licenses and services provided hereunder within thirty
copies of the Products created by Subscriber all copyright notices and
days the date of such invoice. Interest shall accrue on
proprietary legends of Bentley or its licensors as they appear in or on
athe
deli payments of such the the rate and one-half
delinquent pa)
the original media containing the Products supplied by Bentley,
per high st hone
percent (1.5 /o) per month or the highest rate permitted by applicable
law, whichever is less. In the event any payment bereunder is past
3.04.
Reproduction of Document Sets. Subscriber may reproduce the
due, Bentley, at its discretion, may suspend or, after notice of such
Document Sets for its internal, non- cmmnemial use only, but the
overdue payment and a thirty (30) day period to cure, terminate
cumulative number of snob reproduced Document Sets may not
Subscriber's services, rights, and licenses provided under this
exceed the number of Products licensed by Subscribes that
Agreement.
correspond to the Document Sets.
2.01
Taxes. Subscriber shall pay to Bentley all levied taxes that
3.05.
Reverse Engineering. Subscriber may not decode, reverse engineer,
Bentley is required under applicable law to collect from Subscriber by
reverse assemble, reverse compile, or otherwise translate the Products
reason of the transactions contemplated by this Agreement,
including, but not limited to cotes, use, occupation, value added,
or Document Sets except and only b the extent that such activity is
excise, and property taxes (except for taxes based on Bentley's net
expressly permitted by applicable law notwithstanding this limitation.
income). If Subscriber is obligated under an applicable law to
To the extent that Subscriber is expressly permitted by law to
withhold or deduct taxes from any payment of SELECT Program
undertake any of the activities listed in the revious sentence,
Fees to Bentley, Subscriber shall famish to Bentley official receipts
Subscriber will not exercise those rights until it has provided Bentley
evidencing Subscriber's payment of such taxes.
with thirty (30) days prior written notice of its intent Co exercise such
rights,
2.03. Local Price and Currency. Calculation and payment of the SELECT 3.06. Proprietary Information.
Program Pee or any separate price for all CALs, Products and
services hereunder shall be based on the local price and local (a) Subscriber understands sari agrees that Bentley may, in
currency of the Subscriber's Site where such CAL, Product or service connection with the provision of CALs, Products and services
is used, hereunder, disclose to Subscriber confidential, proprietary and
2.04. Records; Audit. Subscriber shall maintain complete and accurate technical information pertaining Co Bentley Products and to
records of CALs and Product licenses prior to the date of this Bentley's teclmology and business practices (collectively
Agreement and its creation and use of the CALs acquired and "Proprietary Information "). Subscriber agrees to treat all
Products licensed hereunder Co permit Bentley Co determine whether
SEL002520 -1 /0005 6/11
Page ] of 12
BENTLEY SELECT PROGRAM AGREEMENT
General Terms and Conditions
Exhibit B
Dated as of January 2010
Proprietary Information in accordance with this Section 3.06 of
Exhibit B.
(b) Subscriber shall maintain the confidentiality of all Proprietary
Information. Subscriber shall not reproduce or copy Proprietary
Information except as permitted in this Agreement or as may be
expressly authorized in writing in advance by Bentley. All such
copies shall be marked by Subscriber as proprietary and
confidential information.
(c) Subscriber shall only use Proprietary Information in furtherance
of this Agreement, and may disclose Proprietary Information
only to those employees required to have knowledge of same to
perform their duties pursuant to this Agreement. Subscriber
shall not disclose or make Proprietary Information available to
any third party at any time.
(d) Subscriber shall treat Proprietary Information with the same 4.03.
degree of care as it uses to protect its own confidential
information, and in no case less than a reasonable degree of
care.
(e) Upon the termination or non- renewal of this Agreement,
Subscriber shall return to Bentley or, if so requested, destroy all
Proprietary Information in its possession,
(f) Subscriber shall have no obligation of confidentiality with
respect many Proprietary Information that (i) has entered the
public domain other than through a breach of this Agreement,
(u) has been rightfully obtained by Subscriber from a third pmty
with no obligation of confidentiality, or (in) is previously
known by Subscriber as demonstrated by clear and convincing
evidence.
(g) Subscriber shall promptly inform Bentley upon knowledge of
any actual or potential unauthorized use or disclosure of the
Proprietary Information.
3.07. No Benchmarks. Subscriber may not disclose the results of any
Product testing, including but not limited to benchmarks, to any third
party without first obtaining Bentley's written consent to do so.
Limited Warranty; Limitation of Remedies and Liability
4.01. Limited Warranty to Subscriber. Except for Products licensed
under Section 5.02(b), Section 5.02(e) or Section 5.02(d) of Exhibit A
hereof, which are provided to Subscriber "AS -IS" and without
warranty of any kind, Bentley hereby warrants for the benefit only of
Subscriber that (a) for a period of ninety (90) days ( "Warranty
Period ") Join the date of delivery to Subscriber of a Serial Number
or Product, as the case may be, the Product shall, under normal use,
operate in substantial conformance with the functional specifications
set forth in the Document Set applicable to such Product, and (b) for a
period of ninety (90) days from the date of delivery, other products
and materials furnished by Bentley to Subscriber shall, under normal
rise, operate in substantial conformance with the Bentley
documentation applicable to such products and materials. If any
modifications, enhancements or changes are made by Subscriber or at
Subscriber's direction to the Products; if the Products are reverse.
engineered, decompiled or disassembled; or if Subscriber breaches
the terms of this Agreement, then the warranties in this section shall
be immediately terminated. This limited warranty gives Subscriber
specific legal rights, Subscriber may have other rights which may
vary front state/jurisdiction to state/jurisdiction.
4.02. Exclusion of Warranties. THE WARRANTIES STA'L'ED IN
SECTION 4.01 ARE BENTLEY'S SOLE AND EXCLUSIVE
WARRANTIES PERTAINING TO THE PRODUCTS, SELECT
SEL002520 -1 /0005 6/11
SUPPORT SERVICES AND OTHER MATERIALS AND
SERVICES LICENSED, DELIVERED OR OTHERWISE
FURNISHED BY BENTLEY UNDER THIS AGREEMENT.
BENTLEY DOES NOT WARRANT THAT THE PRODUCTS,
SELECT SUPPORT SERVICES, OR ANY OTHER SERVICE OR
MATERIALS WILL MEET SUBSCRIBER'S REQUIREMENTS,
BE FREE FROM VIRUSES OR OPERATE UNINTERRUPTED OR
ERROR FREE. BENTLEY HEREBY DISCLAIMS ALL OTHER
WARRANTIES EITHER STATUTORY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES
AGAINST NON - INFRINGEMENT AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE,
THESE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER AS
SOME STATES /JURISDICTION DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES.
Exclusive Remedy. The entire liability of Bentley and the sole and
exclusive remedy of Subscriber shall be, in Bentley's sole and
absolute discretion, (i) to repair or replace a Product or other
materials in breach of the foregoing warranties, fi) to advise
Subscriber how to achieve the same functionality with the Product as
described in the Document Set through a procedure different firm
that set forth in the Document Set, or (in) to return the purchase price
or fees paid therefore, where written notice of such breach, specifying
the defect, is furnished to Bentley during the Warranty Period.
Repaired, corrected, or replaced Products and Document Sets shall be
covered by this limited warranty for ninety (90) days after the date;
(a) of shipment to Subscriber of the repaired or replaced Products and
Document Sets, or (b) Bentley advised Subscriber how to operate the
Products so as to achieve the functionality described in the Document
Sets.
4.04. Exclusion of Damages. IN NO EVENT SHALL BENTLEY AND
ITS LICENSORS AND SUPPLIERS BE LIABLE TO
SUBSCRIBER FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE
NATURE OF THE CLAIM, INCLUDING WITHOUT
LIMITATION LOST PROFITS, COSTS OF DELAY,
INTERRUPTION OF BUSINESS, LOSS OF USE, INABILITY TO
ACCESS ONLINE SERVICES, ANY FAILURE OF DELIVERY,
COSTS OF LOST OR DAMAGED DATA OR
DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES
ARISING FROM ANY SOURCE, EVEN IF BENTLEY HAS BEEN
ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES OR CLAIMS, BECAUSE
SOME STATES /JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO SUBSCRIBER.
4.05. Disclaimer. Subscriber acknowledges that the Product's are not fault -
tolemnt and have not been designed, manufactured or intended for
use and will not be used in the development of weapons of mass
destruction, as on -line control equipment in hazardous envirormrents
requiring faiWafe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, ht which
the failure of the Products could lead directly to death, personal
injury, or severe physical or environmental damage. Subscriber
further acknowledges that the Products are not substitutes for
Subscriber's professional judgment, and accordingly, neither Bentley
nor its licensors or suppliers are responsible for Subscriber's use of
the Products or the results obtained from such use. The Products are
intended only to assist Subscriber in its business, acrd are not meant to
be substitutes for Subscriber's independent testing and verification of
stress, safety, utility or other design parmneters.
Page 8 of 12
BENTLEY SELECT PROGRAM AGREEMENT
General Terms and Conditions
Exhibit B
Dated as of January 2010
4.06. Limitation of Bentley Liability. IN THE EVENT THAT,
NOTWITHSTANDING SECTIONS 4.01, 4.02, 4.03, 4.04 AND 4.05
OF THIS EXHIBIT B, BENTLEY IS FOUND LIABLE FOR
DAMAGES BASED ON ANY BREACH, DEFECT, DEFICIENCY
OR NON - CONFORMITY IN A PRODUCT, IN SELECT SUPPORT
SERVICES, OR IN ANY OTHER SERVICE OR
MATERIALS,WHETHER IN CONTRACT, TORT OR
OTHERWISE, AND REGARDLESS OF WHETHER ANY
REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE BY LAW, BENTLEY'S CUMULATIVE LIABILITY
HEREUNDER SHALL NOT EXCEED THE PRICE PAID BY
SUBSCRIBER FOR (i) SUCH PRODUCT, (ii) A ONE -YEAR
SUBSCRIPTION TO THE SELECT PROGRAM, OR (ii) SUCH
OTHER DEFECTIVE SERVICE OR MATERIALS, AS THE CASE
MAY BE, THE PROVISIONS OF THIS AGREEMENT
ALLOCATE THE RISKS BETWEEN BENTLEY AND
SUBSCRIBER, BENTLEY'S PRICING REFLECTS THIS
ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY
SPECIFIED HEREIN.
4.07. Indemnification by Bentley. Bentley shall pay any damages finally
awarded against Subscriber based on a claim against Subscriber that a
Product which is developed and owned by Bentley infringes a third
party's copyright under the laws of a Berme Convention signatory
country, or results in a misappropriation of a third party's trade secret,
in the Country where Subscriber has been authorized to place the
Product subject to such claim into Production Use, if Subscriber
provides to Bentley: (a) prompt written notice of any such claim, (b)
all available information and assistance, and (c) the opportunity to
exercise sole control of the defense and settlement of any such claim.
Bentley shall also have the right, at its expense, either to procure the
right for Subscriber to continue to use the Product or to replace or
modify such Product so that it becomes non- infiinging. If neither of
the foregoing alternatives is available on terns that Bentley, in its
sole discretion, deems desirable, Subscriber shall, upon written
request from Bentley, return to Bentley the allegedly infringing
Product, in which event Bentley shall refund to Subscriber the price
paid by Subscriber for each copy of such returned Product, less
twenty percent (20 %) for each elapsed year since the conunenceent
of the license for such copy. Bentley shall have no liability and this
indemnity, shall not apply if the alleged infringement is contained in a
Product which is not developed or owned by Bentley or is due to
modification of die Product by Subscriber or the combination,
operation or use of a Product with other software that does not
originate from Bentley or if Subscriber is in breach of this
Agreement. Bentley shall also have no liability, and this indemnity
shall not apply, for the portion of any claim of infringement based on
use of a superseded or altered release of a Product if the infringement
would have been avoided by the use of a current, unaltered release of
the Product In no event shall Bentley's liability hereunder to
Subscriber exceed the license fees paid by Subscriber for the
allegedly infringing Product. This Section 4.07 sets forth Subscriber's
sole remedy for intellectual property infringement.
Export Controls.
The Products have been manufactured or developed in the United
States of America and accordingly may be subject to U.S. export
control laws, regulations and requirements. Regardless of any
disclosure made by Subscriber to Bentley of an ultimate destination
of the Products, Subscriber must not export or transfer, whether
directly or indirectly, the Products, or any portion thereof, or any
system containing such Products or portion thereof to anyone outside
the United States (including further export if Subscriber took delivery
of the Products outside the United States) without first complying
strictly and idly with all export controls that may be imposed on the
Products by the United States Government or any country or
organization of nations within whose jurisdiction Subscriber uses the
SEL002520 -1 /0005 6/11
Products. The countries subject to restriction by action of the United
States Government are subject to change, and it is Subscriber's
responsibility to comply with the United States Government
requirements as they may be amended from time to time. Subscriber
shall indemnify, defend and hold Bentley harmless for any breach of
its obligations pursuant to this Section.
U.S. Government Restricted Rights.
If the Products are acquired for or on behalf of the United States of
America, its agencies and/or instrumentalities ( "U.S, Government "),
it is provided with restricted rights. The Products and accompanying
documentation are "commercial computer software" and "commercial
computer software documentation," respectively, pursuant to 48
C.F.R. 12.212 and 227.7202, and `restricted computer software"
pursuant to 48 C.F.R. 52.22749(a), as applicable. Use, modification,
reproduction, release, performance, display or disclosure of the
Products and accompanying documentation by the U.S. Government
are subject to restrictions as set forth in this Agreement and pursuant
to 48 C.F.R. 12.212, 52.227 -19, 227.7202, and 1852.227 -86, as
applicable.
7. Term; Termination
7.01. Term. This Agreement and Subscriber's SELECT Program
subscription shall become effective on the Effective Date, and shall
continue for an initial term of twelve (12) months (unless Attachment
1 provides for a longer duration of the initial term), and shall
automatically renew for terns of like tenure unless either party gives
notice of its election to not renew the term at least thirty (30) days
prior to the expiration of the then - current term.
7.02. Termination for Material Breach. Either party may, at its option,
terminate this Agreement in the event of a material breach of this
Agreement by the other party. Any such termination may be effected
only through a written notice to the other panty, specifically
identifying the breach or breaches on which termination is based.
Following receipt of such notice, the party in breach shall have
twenty-one (21) days to cure such breach or breaches, and this
Agreement shall terminate in the event that such care is not made by
the end of such period; provided, however, Bentley shall have the
right to terminate this Agreement immediately if Subscriber breaches
any of its obligations under Section 3 of this Exhibit B. The failure of
Subscriber to pay an outstanding invoice of Bentley shall always
constitute a material breach of this Agreement.
7.03, Insolvency. If, under applicable insolvency laws, Subscriber becomes
unable to pay its debts or becomes insolvent or bankrupt or makes
arrangements with its c mditors, or otherwise goes into liquidation,
administration or receivership, then Bentley shall have the right to
terminate this Agreement immediately by written notice.
7.04. Consequences of Termination. Upon the termination of this
Agreement for any reason, all of the rights and licenses granted to
Subscriber in this Agreement shall terminate immediately. With
respect to any perpetually licensed Products, the terns and conditions
set forth in the license agreement delivered with such Products and
the Definition of Use shall govern Subscriber's use of such Products.
Subscriber shall immediately discontinue use of SELECT Online.
7.05 Reinstatement Following Termination. Following a termination of
the SELECT Program, Subscriber may reinstate such services only if
Bentley consents to such reinstatement and Subscriber pays to
Bentley, in advance, a SELECT reinstatement fee, in an amount to be
determined in Bentley's sole discretion, such amo nd not to exceed
the amount of all fees that would have accrued and been payable,
excluding discounts, for the period between the date of termination
and the date of reinstatement.
Page 9 of 12
BENTLEY SELECT PROGRAM AGREEMENT
General Terms and Conditions
Exhibit B
Dated as of January 2010
8.
Miscellaneous.
International Sale of Goods, as amended, and of the Uniform
Computer Information Transactions Act, as it may have been or
8.01.
Assignment. Subscriber shall not assign this Agreement or delegate
hereafter may be in effect in any jurisdiction, shall not apply to this
its duties hereunder without prior written consent by Bentley. For
Agreement,
purposes of this Agreement, a change in control of Subscriber shall be
considered an assignment for which Bentley's prior written consent is 8.10.
Arbitration. h1 the event of any dispute, controversy or claim
hereby granted provided that the surviving entity fiom such change in
between the parties arising under this Agreement, the parties shall
control must enter into a SELECT Agreement. This Agreement may
submit to binding arbitration before a single arbitrator in Philadelphia,
be assigned by Bentley to any successor in interest to Bentley's
Pennsylvania in accordance with the Commercial Arbitration Rules of
business or to any direct or indirect wbolly -owned subsidiary of
the American Arbitration Association. The decision of the arbitrator
Bentley Systems, hnconporated. Any purported assignment in
shall be final and binding on the parties, and the judgment upon the
violation of this provision shall be void and without effect.
award rendered by the arbitrator shall be enforceable in any court of
competent jurisdiction. Each party shall bear its own attorney's fees,
8.02.
Entire Agreement. This Agreement, together with the Exhibits and
costs, and expenses incurred in such arbitration,
signed Amendments, if any, incorporate the entire agreement of the
parties and supersede and merge all prior oral and written agreements, 8.11.
Independent Contractor. Bentley's relationship with Subscriber For
discussions and understandings between the parties with respect to
all purposes hereunder shall be that of an independent contractor and
the subject mater hereof, The terms and conditions of this Agreement
nothing herein shall be consumed as creating, at any tine, an
and of the applicable Bentley confirmation shall apply to each order
employer and employee relationship between the parties.
accepted or shipped by Bentley hereunder. Any additional or different
terms or conditions appearing on a purchase order issued by M2.
Change of Ownership. Subscriber shall provide Bentley with sixty
Subscriber hereunder, even if Bentley acknowledges such terms and
(60) days advance written notice of any changes in its ownership or
conditions, shall not be binding on the parties unless both parties
location.
expressly agree in a separate writing as provided under Section 8.03
of this Exhibit B. 8.13.
Headings. The headings in this Agreement are intended solely for
convenience of reference and shall not affect the meaning or
8.03.
Amendments. Except as otherwise contemplated herein with respect
interpretation of this Agreement.
to updating, amending and supplementing the exhibits, this
Agreement may only be amended or modified by a writing duly
executed by authorized representatives of the parties, provided,
however, that any additional or different terms or conditions
appearing on a purchase order, even if required to be acknowledged
by Bentley, shall not be binding on the parties.
8.04.
Notices. Notices under this Agreement shall be made or given as of
the date of either hand delivery or mailing to such party, if sent
prepaid certified mail or next day air delivery to the address set forth
on the first page of this Agreement. All notices under this Agreement
shall be addressed, if to Bentley, to its General Counsel, and if to
Subscriber, to its authorized representative identified in this
Agreement or in a subsequent notice to Bentley.
8.05.
Force Mnieure. Bentley shall not be liable for failure to fulfill the
terms of this Agreement due to fire, strike, war, government
regulations, acts of God, labor disturbances, acts of terrorism or other
causes which are rmavoidable and beyond its control.
8.06.
Waiver. The failure of either party to insist upon any of its rights
under this Agreement upon one or more occasions, or to exercise any
of its rights, shall not be deemed a waiver of such rights on any
subsequent occasions.
8.07.
Survival. The covenants contained in this Agreement which, by their
terms, require or contemplate performance by the parties after the
expiration or termination of the Agreement (including, but not limited
to, Sections 5.01(a), (b), (c) and (d) and 6.01 of Exhibit A, Sections 1,
2, 3, 4, 5, 6, 7.04, 7.05 and 8 of Exhibit B, and Sections 1.06, 1.07,
1.08, 1.09, 1.10, 1.1 I, 1.12, 1.14, 1.16 and 1.17 of Exhibit C) shall be
enforceable notwithstanding said expiration or termination.
8.08.
Severability. The provisions of this Agreement shall be severable and
the invalidity or unenforceabitty of any one provision shall not affect
any other unless otherwise noted.
8.09.
Governing Law. This Agreement shall be governed by, interpreted,
and enforced in accordance with the laws of the Commonwealth of
Pennsylvania, without regard to conflicts of law provisions. To the
maximum extent permitted by applicable taw, the parties agree that
the provisions of the United Nations Convention on Contracts for the
SEL002520
-1 /0005 6/11
_ _
Page 10 of 12
BENTLEY SELECT PROGRAM AGREEMENT
Professional Services
Exhibit C
Dated as of January 2010
Professional Services.
1.01. Subscriber may request professional services from time to time and
Bentley may agree to perform such services pursuant to this
Agreement. The description of professional services requested by
Subscriber and which Bentley agrees to perform shall be set forth
in one or more written descriptions labeled "SELECT
Professional Services" and signed by Subscriber and Bentley
(each an "Order"). Bentley shall have the right to accept or
decline any proposed Order. Each Order shall set forth, at a
minimum, the work to be done, the number of Bentley's personnel
to be assigned to Subscriber's work, the duration of each
individual's assignment, and the fees for the work. The services
and other provisions described on the Order(s) are referred to
collectively as the "Work" while the results of the Work, if any,
are referred to as the "Work Product"
1.02. Method of Performance. Bentley, in conjunction with its
personnel, will determine the method, details, and means of
performing the work to be carried out for Subscriber, including the
use of sub- conmactors if deemed necessary. Subscriber shall have
no right to, and shall not, control the manner or determine the
method of accomplishing such work. Subscriber may, however,
require Bentley's personnel to observe at all tunes the security and
safety policies of Subscribe. In addition, Subscriber shall be
entitled to exercise a broad general power of supervision and
control over the results of work performed by Bentley to ensure
satisfactory performance. This power of supervision shall include
the right to inspect, stop work, make suggestions or
recommendations as to the derails of the work, and request
modifications to the scope of so Order.
1.03. Scheduling. Bentley will try to accommodate work schedule
requests of Subscriber to the extent possible. Should any personnel
of Bentley be unable to perform scheduled services because of
illness, resignation, or other causes beyond Bentley's reasonable
control, Bentley will attempt to replace such personnel within a
reasonable time, but Bentley shall not be liable for failure if it is
unable to do so, giving due regard to its other commitments and
priorities.
1.04. Reporting. Subscriber will advise Bentley of the individuals to
whom Bentley's manager will report progress on day -to -day work.
Subscriber and Bentley shall develop appropriate administrative
procedures for performance of work at Subscriber's site, if
necessary. Subscriber shall periodically prepare an evaluation of
the work performed by Bentley for submission to Bentley upon
Bentley's request.
1.05. Place of Work Certain projects or tasks may require Bentley's
personnel to perform work for Subscribe at Subscriber's premises.
In the event that such projects or tasks are required to be performed
at Subscriber's premises, Subscriber agrees to provide working
space and facilities, and any other services and materials Bentley
or its personnel may reasonably request in order to perform their
work. Subscriber recognizes that there may be a need to train
Bentley's personnel in the unique procedures used at Subscriber's
location. When Subscriber determines that such training is
necessary, Subscriber shall, unless otherwise agreed in writing, pay
Bentley for its personnel's training time.
1.06. Non - Exclusive. Bentley shall retain the right to perform work for
others during the term of this Agreement. Subscriber shall retain
the right to cause work of the sane or a different kind to be
performed by its own personnel or other contractors daring the
term of this Agreement.
1.07. Perpetual License. Upon bill payment for the Work, Bentley shall
gram Subscriber a paid -up, perpetual, royalty-See right and license
SEL002520- 1/0005 6/11
to use the Work Product for Production Use. Bentley retains all
right, title and interest to the Work Product not otherwise granted
to Subscriber.
1.08. Preexisting Works of Bentley, Notwithstanding Section 1.07 of
Exhibit C hereof, Bentley hereby reserves and retains ownership of
all works which Bentley created unrelated to the Work performed
pursuant to any Order, including but not limited to Products (the
"Pre- Existing Works "). Bentley does not grant Subscriber any
rights or licenses with respect to the Pre - Existing Works,
1.09, Residuals. It is mutually acknowledged that, during the normal
course of its dealings with Subscriber and the Work, Bentley and
its personnel and agents may become acquainted with ideas,
concepts, know -how, methods, techniques, processes, skills, and
adaptations pertaining to the Work, including those that Subscriber
considers to be proprietary or secret. Notwithstanding anything in
this Agreement to the contrary, and regardless of any termination
of this Agreement, Bentley shall be entitled to use, disclose, and
otherwise employ any ideas, concepts, know -how, methods,
techniques, processes, and skills, adaptations, including
generalized features of the sequence, structure, and organization of
any works of authorship, in conducting its business (including
providing services or creating programming or materials for other
customers), and Subscriber shall not assert against Bentley or its
personnel any prohibition or restraint from so doing,
1.10. Third -Party Interests. Subscriber's interest in and obligations
with respect to any programming, materials, or data to be obtained
(torn third -party vendors, regardless of whether obtained with the
assistance of Bentley, shall be detemlined in accordance with the
agreements and policies of such vendors,
1.11. Fees. Bentley shall be paid the fee as specified in each Order
(which Bentley reserves the right to change upon at least sixty (60)
days advance notice or at any tune for any now Order or modified
portion of an existing Order), or, if no fee is specified, at Bentley's
customary rates for the level of personnel providing such services.
1.12. Expenses. Subscriber shall also pay either the actual cost of
Bentley's reasonable travel and living expenses or an agreeddo
amount for such navel and living expenses (other than normal
commutation travel) for Bentley employees in the performance of
Work set forth in each Order along with all other out -of- pocket
expenses incurred by Bentley.
1.13, Estimates. Estimates of total fees for projects may be provided in
an Order, but Bentley does not guarantee such estimates. Bentley
will, however, notify Subscriber as soon as possible if it will
exceed the estimate, and Subscriber may then terminate the project
and pay only for services actually rendered if Subscriber so
chooses.
1.14. Confidentiality. In the performance of die Work, Bentley may
acquire information of Subscriber which is proprietary, non - public
and identified in writing as confidential by Subscriber. Bentley
shall not disclose to anyone not employed by Subscriber nor use
except on behalf of Subscriber any such confidential information
acquired in the performance of the Work except as authorized by
Subscriber in writing and as may be permitted by Section L09 of
this Exhibit C. Bentley shall have no obligation of confidentiality
with respect to any information of Subscriber that (i) has entered
the public domain other than through a breach of this Agreement,
(ii) has been rightfully obtained by Bentley from a third party with
no obligation of confidentiality, or (iii) is previously known by
Bentley as demonstrated by clear and convincing evidence.
Notwithstanding the foregoing restrictions, Bentley and its
personnel may use and disclose any information to the extent
required by an order of any court or other governmental authority
Page 11 of 12
BENTLEY SELECT PROGRAM AGREEMENT
Professional Services
Exhibit C
Dated as of January 2010
or as necessary for it or them to protect their interest in this
Agreement, but in each case only after Subscriber has been so
notified and has had the opportunity, if possible, to obtain
reasonable protection for such information in connection with such
disclosure.
1,15. Term. This Exhibit C will become effective as of the date of the
frost executed Order and will continue in effect through the
completion of each Order.
1.16. Termination of Orders. Subscriber or Bentley may terminate any
uncompleted Order at any time by giving thirty (30) days written
notice to the other party. Upon such termination, Bentley agrees to
stop Work under the Order in question and to forward to
Subscriber all completed or uncompleted drawings, reports or
other documents relating to the Work. In the event of such
termination Subscriber shall be liable only for such fees, costs and
expenses as have accrued prior to the effective date of such
termination.
1.17. Prohibition on Hiring. Subscriber shall not solicit for
employment or hire any Bentley employees providing professional
services hereunder for the duration of the Work, plus a period of
one (1) year after completion of the professional services provided
hereunder,
SELOO2520-1 /0006 6 /11
Page 12 of 12
25C -20
F2--_P� t go
1 Sustaining Infrastructure
12 August 2013
City of Santa Ana
PURCHASING DIVISION M -16
20 CIVIC CENTER PLAZA RM 429
SANTA ANA CA 92701 -4058
USA
SELECT Agreement: 10362400
Dear Sir /Madam,
Bentley Systems, Incorporated
685 Stockton Drive,
Exton, PA 19341
Tel: 1 800 513 5103
Fax: +1 (610) 458 2779
Business Partner No.:4033297
RE: Reminder for renewal of Bentley SELECT Subscription for your software licenses
All pricing on this quote is based on State Government Contract ( 03- 01- 70- 1198B) (unless otherwise noted). Please reference the State
Government contract #(03- 01- 70- 11986) on your purchase order to ensure acceptance.
Our records show that your current Bentley SELECT Agreement is due for renewal on 30 November 2013. We are very pleased that you
have chosen Bentley as your technology partner and trust you have enjoyed the benefits of the program. We look forward to strengtheni
our relationship with your organization and continuing to sustain the productivity of your people, software and information.
In accordance with the terms and conditions of your SELECT Program Agreement, we will be sending you an invoice for the next term of
your contract as per the attached Renewal Quote. If your organization has a requirement to issue a Purchase Order, please use the
attached Renewal Quote 40521307 as your reference. Please ensure you review the detailed listing of all your products and submit your
PO promptly to Bentley Systems, Incorporated by 30 October 2013. This will ensure your Bentley SELECT services continue without
interruption. Please contact your Bentley Sales Representative if you wish to review or discuss any aspect of this Renewal Quote.
The Bentley SELECT subscription program continues to deliver the most comprehensive investment protection program for your Bentley
software, your team and the information they create. Renewal of Bentley SELECT
(http: / /www.bentley.com /en -US /Subscriptions /Bentley +SELECT /) will ensure continuity of the following benefits:
■ Flexible Licensing Options, including portfolio balancing and pooled licensing
■ 24/7/365 Support
■ Anytime Software Upgrades, to name a few
Your Bentley SELECT Agreement is our commitment to continue to provide you and your organization with the highest levels of service.
As an immediate benefit to you, we will be upgrading your SELECTserver to the latest version that will help you with better management of
your Bentley assets. For details on the upgrade process, please click here.
Please do not hesitate to contact your Sales representative, Dick Franklin or a Bentley representative here if you have any inquiries or
require any assistance.
We look forward to continuing our mutually beneficial relationship for many years to come!!
Yours truly,
Dick Franklin 1.,
Tel: +1 (610) 458 -5000 Exhibit B
Fax: +1 (813) 412 -8773
E -mail: DICK.FRANKLIN @BENTLEY.COM
25C -21
Bentlev
Sustaining Infrastructure
Date:
12 August 2013
Valid Until:
12 September 2013
Customer ID:
4010965
Ship -to:
City of Santa Ana
Public Works
No.
PO Box 1988
Quantity
SANTA ANA CA 92701 -4058
Total
USA
Tel No: +1 (714) 647 -5691
Fax No:
Renewal Advice
RAS Number: 40521307
Number of Pages: 2/4
Bill -to: City of Santa Ana
Public Works
PO Box 1988
SANTA ANA CA 92701 -4058
USA
Tel No: +1 (714) 647 -5691
Fax No:
If your organization is a subscriber to Bentley SELECT, the pricing listed on this page of the quote is prorated to the end of your current
billing cycle. If applicable, future invoices will be generated based on the billing cycle shown on the following pages. The total from this
first section of the quote is your immediate purchase value.
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.c25C 2:lc @bentley.com
Subscriptions
No.
Part#
Quantity
Unit Pricing
Total
Description
20
1592/ Bentley InRoads SELECT Subscription
4
Gross Value 1,172.80
4,573.92
Subscription Period 01 December 2013 Through 30
Discount /Surcharge -29.32
November2014
Net Price 1,143.48
30
1577/ Bentley InRoads Survey SELECT Sub
2
Gross Value 293.20
571.74
Subscription Period 01 December 2013 Through 30
Discount/Surcharge -7.33
November2014
Net Price 285.87
50
6418/ Bentley WaterGEMS SELECT Subscription
1
Gross Value 5,863.98
5,717.38
Subscription Period 01 December 2013 Through 30
Discount/Surcharge - 146.60
November2014
Net Price 5,717.38
60
1003/ MicroStation SELECT Subscription
38
Gross Value 779.42
28,877.51
Subscription Period 01 December 2013 Through 30
Discount/Surcharge -19.49
November 2014
Net Price 759.93
70
5353/ Bentley CivilStorm SA Portfolio Balancin
1
Gross Value 2,829.22
2,758.49
Subscription Period 01 December 2013 Through 30
Discount/Surcharge -70.73
November 2014
Net Price 2,758.49
80
6403/ Bentley StormCAD Stand Alone Portfolio B
1
Gross Value 657.43
640.99
Subscription Period 01 December 2013 Through 30
Discount /Surcharge -16.44
November 2014
Net Price 640.99
Subscription Sub Total
43,140.03
Total of Immediate Purchase
43,140.03
Grand Total of Quote (over life of contract)
44,188.21
Currency
USD
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.c25C 2:lc @bentley.com
r�Sentleyo
Sustaining Infrastructure
Date: 12 August 2013
Valid Until: 12 September 2013
Customer ID: 4010965
Ship -to: City of Santa Ana Bill -to:
PUBLIC WORKS MAINTENANCE
CORPORATE YARD BLDG "A"
220 S Daisy Avenue, M -85
SANTA ANA CA 92703 -4334
USA
Tel No: +1 (714) 647 3378 Tel No:
Fax No: +1 (714) 647 3345 Fax No:
Renewal Advice
RAS Number: 40521307
Number of Pages: 3/4
City of Santa Ana
Public Works
PO Box 1988
SANTA ANA CA 92701 -4058
USA
+1 (714) 647 -5691
If your organization is a subscriber to Bentley SELECT, the pricing listed on this page of the quote is prorated to the end of your current
billing cycle. If applicable, future invoices will be generated based on the billing cycle shown on the following pages. The total from this
first section of the quote is your immediate purchase value.
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.c25 nWjlmac @bentley.com
Subscrintions
No.
P art #
Quantity
Unit Pricing
Total
Description
10
1919/ promis.e Prof. Stand Alone SELECT Sub
1
Gross Value 1,075.06
1,048.18
Subscription Period 01 December 2013 Through 30
Discount/Surcharge -26.88
November2014
Net Price 1,048.18
Subscription Sub Total
1,048.18
Total of Immediate Purchase
1,048.18
Grand Total of Quote (over life of contract)
44,188.21
Currency
USD
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.c25 nWjlmac @bentley.com
■. :ri Sastaloing Infrastructure
�Sentley
Export Control:
Renewal Advice
RAS Number: 40521307
Number of Pages: 4/4
You acknowledge that these commodities, technology or software are subject to the export control laws, rules, regulations, restrictions and
national security controls of the United States and other agencies or authorities based outside of the United States (the "Export Controls ").
You must not export, re-export or transfer, whether directly or Indirectly, the commodities, technology or software, or any portion thereof, or any
system containing such commodities, technology or software or portion thereof, without first complying strictly and fully with all Export Controls
that may be imposed on them.
The countries subject to restriction by action of the United States Government or any other governmental agency or authority based outside of
the United States, are subject to change, and it is your responsibility to comply with the applicable United States Government requirements, or
those of any other governmental agency or authority based outside of the United States, as they may be amended from time to time. For
additional information, see http: / /www.bis.doe.gov
** Note:
Pricing is only applicable to the products and quantities contained within this quote and may not be applied to a subset of the quotation. If you
are a SELECT Subscriber, the terms of your SELECT Program Agreement shall apply to any purchases made pursuant to this quote.
Your payment term shall be: Net 45 Days
Any additional or different terms or conditions appearing on your purchase order, even if Bentley acknowledges such terms and conditions, shall
not be binding on the parties unless both parties agree in a separate written agreement.
Agreed and accepted by:
(Subscriber's Signature)
(Subscriber's Name)
If you would like us to bill this quote against a Purchase Order, please
indicate the purchase order number below and attach a copy with your
acceptance of this quote.
❑ Please bill against PO
❑ Purchase Order is not required. We will accept
Bentley's invoice on the basis of this signed quote.
(Title) (Subscriber's Signature)
(Date) (Date)
Bentley Contact:
Name: Dick Franklin
Tel: +1 (610) 458 -5000
Fax: +1 (813) 412 -8773
Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341
Phone: 1 800 513 5103 Fax: +1 (610) 458 2779
Website: www.bentley.c2 5 my�j�: jhac @bentley.com
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 02, 2013
TITLE:
AGREEMENT FOR VOLUME LICENSING
AND MAINTENANCE FOR MICROSOFT
SOFTWARE AND PRODUCTS THROUGH
COMPUCOM SYSTEMS, INC.
CI Y MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and Clerk of the Council to execute the attached
agreement with CompuCom Systems, Inc. in an annual amount of $410,000 for a three year term
with the option to renew the agreement for one additional three -year term for Microsoft licensing
and services plus up to $50,000 per year for additional Microsoft licensing and services as required
in support of changes in City business operations subject to non - substantive changes approved by
the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to
execute the attached Microsoft Enterprise and Select Enrollment Agreements for volume licensing
and maintenance.
DISCUSSION
The City licenses a great many products from Microsoft Corporation which is by far the largest
manufacturer of software used by the City. As the City utilization of computer technology evolves
and Microsoft's business model for licensing its products changes, the challenge of ensuring the
City complies with current software licensing requirements on all computing devices [PC, laptops,
tables, smartphones, etc.] is complex. The risk from the liability of using unlicensed Microsoft
products could be monetarily very large. Purchasing a Microsoft enterprise volume license for the
entire organization is a cost effective means for managing Microsoft software as a resource and
insuring the City's compliance with software usage obligations and agreements.
The City of Santa Ana has used the County of Riverside's Microsoft Enterprise Agreement (MEA)
since 2008. This request is for a renewal of the City's MEA. The County of Riverside's master
agreement with Microsoft is based on participation of any county, city, and special district in the
State. The very large volume of Microsoft products used by these statewide agencies has allowed
the County of Riverside to obtain deep discounts for these products which in turn are passed on to
agencies participating under this master agreement with Microsoft.
Specifically this is a request for the City to participate in volume licensing and support services
agreements for Microsoft Product Licensing and Maintenance as described in the Riverside
County Microsoft Enterprise Agreement (MEA), dated November 28, 2011 with a term period
through December 31, 2016. The City's participation under this agreement will ensure the City the
lowest pricing for Microsoft licensing and sugL�eryices
Agreement for Microsoft Volume Licensing
December 02, 2013
Page 2
Acting as Microsoft's reseller for the agreement will be CompuCom Systems, Inc. The County of
Riverside conducted a competitive process among six firms qualified to serve as the "Large
Account Reseller" under the County of Riverside/ Microsoft agreement. Under the terms of the,
competitive process, and with an added existing customer discount, CompuCom Systems, Inc. will'
provide the lowest pricing to the City for the MEA.
For computing needs which are best served by acquiring Microsoft product licensing only or for
licensing and support of small quantities of specialized Microsoft products, the County of Riverside
master agreement with Microsoft also includes provisions for the Microsoft Select program. It is
recommended that the City participate in the Microsoft Select program through the terms of the
County of Riverside master agreement.
In summary, Staff requests Council approval of a three -year enterprise volume licensing
agreement with the option to renew the agreement for an additional three -year term, and a three -
year Select program agreement with Microsoft Licensing, GP, using the terms and conditions set
forth by the County of Riverside, California [reference RIVCO- 20800 -(002- 007 - 12/12)] using
CompuCom Systems, Inc. as the "Large Account Reseller."
FISCAL IMPACT
Funds are budgeted and are available in the Information Services Technology Plan Contract
Services account (10910147- 62300). The recommended action incorporates a 15% contingency if
additional licenses are needed during the three -year term.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez C�
Executive Director
Finance & Management Services Agency
25D -2
LARGE ACCOUNT RESELLER AGREEMENT
FOR THE CITY OF SANTA ANA UNDER THE
MICROSOFT ENTERPRISE AGREEMENT AND
SELECT SOFTWARE LICENSING AGREEMENT
THIS AGREEMENT, made and entered into this day of December, 2013 by
and between CompuCom Systems, Inc., a Delaware corporation (hereinafter
"CompuCom "), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California
(hereinafter "City ").
RECITALS
A. The City has elected to purchase Microsoft licenses and services under the
terms and conditions of the Microsoft Enterprise Agreement and Microsoft
Select program for State and Local Governments and the Microsoft SLP
Agreement for State and Local Governments.
B. The City has selected CompuCom as the large account reseller to provide
services for Microsoft pursuant to the Enterprise and Select Agreements.
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
CompuCom shall provide Large Account Reseller (LAR) services pursuant to the
terms and conditions set forth by the County of Riverside, California, Microsoft
Enterprise Agreement (MEA) (RIVCO- 20800 -(002- 007) -12/12 master agreement,
and the Microsoft Select Agreements, collectively referred to as "Master Agreements" on
file with the Santa Ana Cleric of the Council. City retains the right to purchase licenses
and/or services pursuant to either Microsoft Master Agreement, based upon which
provides the greater benefit to the City. Said services shall be provided pursuant to the
terms and conditions set forth in:
• The County of Riverside, California, Microsoft Enterprise Agreement
(MEA) (RIVCO- 20800 -(002- 007) -12/12 master agreement which includes
all elements of the County of Riverside bid response; MEA award; reseller
bids and agreements including CompuCom Systems, Inc.; and MEA
enrollment forms and signatures, attached hereto as Exhibit A, and
incorporated by this reference
• CompuCom Systems, Inc. email, subject: Santa Ana / CompuCom EA
Renewal Price Confirmation, sent: Monday, October 28, 2013 12:12 PM,
attached hereto as Exhibit B, and incorporated by this reference.
This Agreement and all Exhibits attached hereto shall be construed together as
one document. In the event of a conflict among the documents, the provisions of this
25D -3
Agreement shall take precedence, followed by the provision of CompuCom's Proposal
and then the RFP.
2. COMPENSATION
a. In the County of Riverside MEA (Exhibit A), CompuCom Systems, Inc.
accepted bid to provide Microsoft licenses and maintenance services as per Table A
below.
b. CompuCom Systems, Inc. furthermore has provided the City with a special
Existing Customer discount on top of the MEA which is identified Table A below.
Table A. CompuCom Systems, Inc. Pricing Schedule
c. City agrees to pay, and CompuCom agrees to accept as total payment for its (1)
"added at MEA signing" and (2) "true -ups [annual]" services, at the stated percentage
identified in Table A for the quantity of specific Microsoft licenses and related products
purchased through CompuCom as Microsoft's LAR, as identified in Exhibit C. The total
sum shall be paid in three equal annual payments, without interest.
d. Should the City elect to purchase additional Microsoft licenses and /or
maintenance services under this Agreement, the payment /s will be in addition to the
charges incurred for the MEA signing.
e. CompuCom Systems, Inc. will provide Microsoft licenses and maintenance
services under the Microsoft Select program at the Base Pricing of Microsoft Level D -7.5
Cost plus mark up %.
25D -4
Base
Final Pricing of
Pricing of
Microsoft Level D-
Microsoft
7.5 Cost plus mark
Level D-
up% plus Existing
7.5 Cost
Customer discount
Microsoft Product
plus mark
of -1.00% at MEA
Type
When applicable
u %
signing
Applications
Added at MEA signing
-1.50%
-2.50%
True-ups annual
-0.50%
-0.50%
Systems
Added at MEA signing
-1.50%
-2.50%
True -ups [annual]
-0.50%
-0.50%
Servers
Added at MEA signing
-1.50%
-2.50%
True-ups [annual]
-0.50%
-0.50%
New Additional
Added at MEA signing
1.50%
-2.50%
Products [non-specific]
True-ups [annual]
-0.50%
-0.50%
c. City agrees to pay, and CompuCom agrees to accept as total payment for its (1)
"added at MEA signing" and (2) "true -ups [annual]" services, at the stated percentage
identified in Table A for the quantity of specific Microsoft licenses and related products
purchased through CompuCom as Microsoft's LAR, as identified in Exhibit C. The total
sum shall be paid in three equal annual payments, without interest.
d. Should the City elect to purchase additional Microsoft licenses and /or
maintenance services under this Agreement, the payment /s will be in addition to the
charges incurred for the MEA signing.
e. CompuCom Systems, Inc. will provide Microsoft licenses and maintenance
services under the Microsoft Select program at the Base Pricing of Microsoft Level D -7.5
Cost plus mark up %.
25D -4
f The total sum to be expended under this Agreement shall not exceed Five
Hundred Thousand Dollars ($500,000) annually, during the three (3) year term of this
Agreement.
g. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing Microsoft licenses and related services purchased, subject to
City accounting procedures.
3. TERM
This Agreement shall commence on the date of City's acceptance of the Master
Agreements and ending on the last day of the month three (3) years after such date,
unless terminated earlier in accordance with Section 8, below. There is an option to
renew this Agreement for an additional three (3) year term exercisable by the City
Council..
4. CONFIDENTIALITY
If CompuCom receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, CompuCom
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement.
The foregoing obligations of non -use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no
fault of CompuCom disclosed in a publicly available source; (c) is in rightful possession
of CompuCom without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by CompuCom without reference to
information disclosed by the City.
5. CONFLICT OF INTEREST CLAUSE
CompuCom 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.
6. 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:
25D -5
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
Executive Director of Finance and Management Services
and
Information Services Manager
City of Santa Ana
20 Civic Center Plaza (M -12)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -5406
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To CompuCom: CompuCom Systems, Inc.
Attention: Legal Services
7171 Forest Lane
Dallas, Texas 75230
telefacsimile (972) 856 -7438
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.
7. EXCLUSIVITY AND AMENDMENT
This Agreement and the attached Exhibits set forth the entire agreement between
the parties with respect to the provision of Microsoft licensing and services. Terms and
25D -6
conditions inconsistent with, contrary or in addition to the terms and conditions of this
Agreement, shall not be added to or incorporated into this Agreement and its Exhibits, by
any subsequent purchase order or otherwise, and any such attempt to add or incorporate
such terms and conditions are hereby rejected. The terms and conditions of this
Agreement and its Exhibits shall prevail and govern in the case of any such inconsistent
or additional terms.
8. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, CompuCom shall be entitled to receive and the City
shall pay CompuCom compensation for all services performed by CompuCom prior to
receipt of such notice of termination.
9. DISCRIMINATION
CompuCom 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. CompuCom affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
10. 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.
11. 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 have executed this Agreement as of the date of
execution by both parties below.
CITY OF SANTA ANA
ATTEST:
25D -7
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa StorckAssistant City Attorney
DAVID CAVAZOS
City Manager
COMPUCOM SYSTEMS, INC.
SVP
Tax ID# 38- 2363156
Date:
25D -8
EXHIBIT A
County of Riverside Microsoft Enterprise Agreement Award
25D -9
w
�.�E3CIN
I
s
'IBID IE
PURCHASI \G AX'D FLEET SERVICES
ROBERT J. H04YDYSHELL
PURCIMLSING
SUPPLY
CENTRAL NVUL
PRINTING
NOTIFICATION TO BIDDERS
REQUEST FOR QUOTE (RFQ) # PUARC -1200
Microsoft Enterprise License
Riverside County Purchasing and Fleet Services would like to thank you for
submitting a proposal for the above mentioned RFQ.
The overall most responsive and responsible vendor:
Insight Public Sector, Inc.
The County has recommended that Insight Public Sector, Inc., be awarded a
contract which is scheduled to be submitted for approval at the County of
Riverside Board of Supervisors' meeting on
November 8, 2011, Agenda No. 3.27
In addition the other five vendors will be listed for statewide contracts:
CompuCom, Softchoice Corp, PC Mall Gov, EnPointe Technologies, and Dell
Marketing
The County appreciates your interest and your company's name will remain on
our vendor's list for future bid considerations.
Please visit the County of Riverside Purchasing
Website for future opportunities at:
www .purchasing.co.riverside.ca.us
Ines Mark
Procurement Contract Specialist
NIGP CODE: 20800, 20811
2950 WASHINGTON STREET - RIVERSIDE, CA 92504 -4647 - (951) 955 -4937 - FAX (951) 955 -4946
Exhibit A
25D -10
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Attachment 1
CONTRACT
County of Riverside
VendorlD 0000026616
PC Mail
File 55327
Los Angeles CA 90074 -5327
USA
Microsoft Enterprise
Agreement software
licenses for Riverside
County ad surrounding
Government Agencies
within California
Pricing Agreement: Pricing Date:
Pricing Quantity:
Quantity Type:
RFQ #PUARC -1200 F 11 -11 /8/11 3.27
Reference Microsoft Master Agreement Number 01 E73134.
Disnatch via Print
Contract ID
Page
RIVCO- 0 -005 -12/12
1 of 1
Contract Dates Currency
Rate Type
Rate Dale
01101/201 to 12/31/2012 USD
CRRNT
PO Date
Description:
Contract Maximum
Microsoft Enterprise Acireament
0.00
Allow Multicurrency PO
1.00 0.0
All terms, conditions, and specification of RFQ #PUARC -1200 are hereby included with full force and like effect as if set
forth herein.
PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the invoice is
received by the County or the date the goods /services are received, which ever Is later.
In the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail.
The County reserves the right to cancel the unexpended balance of this order at any time.
Period of Performance: From January 1, 2012 through December 31, 2012.
Year: 1 of 5, final year end date of December 31, 2016.
So rd approyaJ dd1tel November 8, 2011
Ines Mark V V L
Procurement Contract Specialist
County of Riverside- Purchasing and Fleet Services
Voice: (951) 9554944
Fax: (951) 955-4946
E -mail: imark &o.riverside.ca.us
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
25D -1 2 Attachment 2
CONTRACT
County of Riverside
VendorlD 0000015980
En Pointe Technologies
PO Box 514429
Los Angeles CA 90051
USA
Microsoft Enterprise
Agreement software
licenses for Riverside
County ad surrounding
Government Agencies
within California
Pricing Agreement: Pricing Date:
Pricing Quantity:
Quantity Type:
Disnatch via Print
Contract ID —
Page
IVC0- 20800 -b04 -12112
1 of 1
Contract Dates Currency
Rate Type
Rate Date
01/01!2012 to 12/31/2012 USD
CRRNT
PO Date
Description:
Contract Maximum
Microsoft Enterprise A reement
0.00
Allow Multicurrency PO
1.00 0.00 0.00 D.00
RFQ #PUARC- 1200F11- 1118111327
Reference Microsoft Master Agreement Number 01 E73134.
All terms, conditions, and specification of RFQ #PUARC -1200 are hereby included with full force and like effect as If set
forth herein.
PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the Invoice is
received by the County or the date the goods /services are received, which ever Is later,
In the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail,
The County reserves the right to cancel the unexpended balance of this order at any time.
Period of Performance: From January 1, 2012 through December 31, 2012,
Year: 1 of 5, final year end date of December $1, 2016.
oa app! v date: November 8, 2011
Id Ls Mark
Procurement Contract Specialist
County of Riverside- Purchasing and Fleet Services
Voice: (951) 955 -4944
Fax: (951) 955 -4946
E -mail: Imark&o.riverside.ca.us
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments If any other adjustments have been applied
25D -13
CONTRACT
County of Riverside
Vendor ID 0000000033
Compucom Systems Inc
7171 Forest Lane -
Dallas TX 75230
USA
Microsoft Enterprise
Agreement software
licenses for Riverside
County ad surrounding
Government Agencies
within Callfornia
nicnnfr_h via Print
Contract ID
Page
RIV O -2080 - 002.12/12
lot 1
Contract Dates Currency
Rate Type
Rate Date
01/01/2012 to 12/3112012 USE)
CRRN7
PO Date
Description:
Contract Maximum
Microsoft Enterprise Agreement
0.00
Allow Multicurrency PO
00 0.00 0.00 0.00
.. ._. _.
Pricing Agreement: Pricing Date:
Pricing Quantity:
Quantity Type: _
Reference Microsoft Master Agreement Number 01 E73134.
All terms, conditions, and specification of RFQ #PUARC -1200 are hereby included with full force and like effect as if set
forth herein.
PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the Invoice Is
received by the County or the date the goods/services are received, whichever is later.
In the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail.
The County reserves the right to cancel the unexpended balance of this order at any time.
Period of Performance: From January 1, 2012 through December 31, 2012.
Year:: 1 of 5, final year end date of December 31, 2016,
Bo fd' ppro �r(j ate: November 8, 2011
i ll!
Ines Mark ` a
Procurement Contract Specialist
County of Riverside- Purchasing and Fleet Services
Voice: (951) 965-4944
Fax: (951) 955 -4946
E -mail: imark &o.riverside.ca.us
Hard = Apply adjustments regardless of other adjustments -
Skip = Skip adjustments if any other adjustments have been applied
25D -14
CONTRACT
County of Riverside
VendorlD 0000005200
Dell Marketing LP
PO Box 910916
Pasadena CA 91110 -0916
USA
Microsoft Enterprise
Agreement software
licenses for Riverside
County ad surrounding
Government Agencies
Within California
Disnatch via Print
Contract ID
Page
RIVOO-20800-003-12112
1 of 1
Contract Dates Currency
Rate Type
Rate Date
01/01/2012 to 12/31/2012 USD
CRRNT
PO Date
Description:
Contract Maximum
Microsoft Enterprise A reement
0.00
Allow Multicurrency PO
0.00 0.00 0.00
Pricing Agreement:_ Pricing Date: ., .
Pricing Quantity:
Quantity Type:
Reference Microsoft Master Agreement Number 01 E73134.
All terms, conditions, and specification of RFQ #PUARC -1200 are hereby included with full force and like effect as if set
forth herein.
PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the invoice Is
received by the County or the date the goods /services are received, which ever is later,
In the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail.
The County reserves the right to cancel the unexpended balance of this order at any time.
Period of Performance: From January 1, 2012 through December 31, 2012
Year: 1 of 5, final year end date of December 31, 2016.
Bpafdapt{t'gyal date: November 8, 2011
Procurement Contract Specialist
County of Riverside- Purchasing and Fleet Services
Voice: (951) 955 -4944
Fax: (951) 955 -4946
E -mail: imark @co.riverside.ca.us
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
25D -15
C&i�a4ch via int"
CC9Cd ?P,1ACT
County of REvereod®
fDat=U0r�1z��2
�.Ra data
comF
L Dates Currency
�Ra1,e.7ype
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i�1Ito 17.�35120,12UsD
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'ContractMaxlmum
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Vendor lD 00000"732
`
Micioi
lnslght Public Sector Inc
.6820 South HarlAVenue
. Tempe A2 85283`
C&i�a4ch via int"
Page
fDat=U0r�1z��2
�.Ra data
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�Ra1,e.7ype
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4lankt
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latero&e'Adreement„�,_.:
'_ ;B4OOg noa.00_„�.✓.
'CONTRACT
County of Riverside
,USA
Mend6r)D 0000044732
'Insight Public Sector Ino
'
South Harl, Avenue
TarnpipAZ. 85M
USAF
Dispatch r M.Pront
Page
RIVCO-26 2of 3
0 HMO Rata7ype Rate Date
11YO81261116 1213 12012,,USD PO Date
DeacriptlaM: :Contract Maximum
mtomq#, I temrli&Aoreemeft 6.000.400.00'.,
-
Pfflot4g A' Nam ant:'
g a h
pricing Quaqti4 t:
61, R120800-OP07
'a Ity, Type :,
0 X06
25D-1 7
CONTRACT
County of Riverside
USA
VendoelD 0000044732
Insigght Public Sector Info
6820 South Had Avenue
Tempe AZ,852 &3,
USA
iJisD ch Via :Pr
C4ntraGt`ID Page
RIV - 80D600742l12 3. 3
:ContradtDow . Currenoy, .Rda,Type..: Rata Date -
111lt1,Q/D11. +to 12!A1(2014:U30 :.;CQRRNT P.06ate
. De50r1pu0n: Contract MOAMUM
Microsoft Entegariss Agreemont
Ekctr4nic SoNware CYeltY$ry,
3nce Mtcmog Meeter Agreement Number 010,,
LlGanse Perioddf PerFormance: From January4,2012fhrough DeceMber 314012,,
Yaar:.i af6,(u3al;yaar eriddale ot.peGemoac 3d,.2p }fi;
Slgri: / r
Name: pavid CYistal
71Ue.; Ylce- Pnasidank- General'Manage(
Company" Insight Public Sector, Inc.,.
Addreas: 68MS.:Harl RVs:.
Tempe,:AZ 85283 .. _. ,. ,,...
Voice: 600-467448x3071
Fat 480.760 -9488
Email: eYtca:4alchatti @inaigf.bcom
25D -18
Amt
I,
M�auemum7'Qpen �
taty
CONTRACT
County of Riverside
VendorlD 0000044719
Softchoice Corporation
314 W. Superior, Suite 402
Chicago IL 60654
USA
Microsoft Enterprise
Agreement software
licenses for Riverside
County ad surrounding
Government Agencies
within California
nisnafnh via Print
Contract ID
Page
RIVCO -20 00 -006 -12/12
1 of 1
Contract Dates Currency
Rate Type
Rate Date
01 01 2012 to 1213112012 USD
CRRNT
PO Date
Description:
Contract Maximum
Microsoft Enterprise A reement
0.00
Allow Multicurrency PO
1.00 0.00 0.00 0.00
Pricing Agreement: Pricing Date:
Pricing Quantity: ^^
Quantity Type:
Reference Microsoft Master Agreement Number 01 E73134.
All terms, conditions, and specification of RFQ *PUARC -1200 are hereby included with full force and like effect as if set
forth herein.
PAYMENT TERMS - For calculating due dates for payment terms, the County will use either the date that the invoice is
received by the County or the date the goods /services are received, which ever is later.
In the event of contradiction, between the County's and the Seller's conditions, the County's conditions shall prevail.
The County reserves the right to cancel the unexpended balance of this order at any time.
Period of Performance: From January 1, 2012 through December 31, 2012.
Year: 1 of 5, final year end date of December 31, 2016.
B voval date: November 8, 2011
Has Mark t
Procurement Contract Specialist
County of Riverside- Purchasing and Fleet Services
Voice: (951) 955-4944
Fax: (951) 955 -4946
E -mail: imark &o.riverside.ca.us
i Inal = -i ne price Is final aner adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
25D -19
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011@1:30 1:30 P.M.
REQUEST FOR QUOTE # PUARC -1200
Microsoft Enterprise License
J Or
. � UN T),
Zo
UI t m
ByERN CAlIQ"' 3
�r 9I $�J
By:
Ines Mark
Riverside County Purchasing & Fleet Services
2980 Washington Street
Riverside, CA 92504 -4647
Telephone: (951) 955 -4937
Email: imark @co.riverside.ca.us
NIGP Code(s):20800, 20811
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -20
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011@1:30 1:30 P.M.
INSTRUCTIONS TO BIDDERS
I. Vendor Registration — Unless stated elsewhere in this document, vendor must register online at www ,Purchasine.co.rivelBide.ca.us and
at //http�/ /www pmblicpurchase corn/ /with all current Vendor information, to be registered on the County's database.
II. For all RFQ's Riverside County's Purchasing website will past a letter ofnotifioation on its websim, and will provide a direct link to PublicPtachase.com.
III. Format - Use the electronic format provided by PubliePurchase.com, If submitting more than one bid, separate the bid documents.
IV. Pricing /Delivery /Terms /Tax - All pricing shall be quoted F.O.B. destination, (e.g., cash terns less than 20 days should be considered net) excluding
applicable tax, which is a separate line item. The County reserves the right to designate method of fieight. The County pays California Sales Tax and is
exempt from Federal excise tax. In the event of an extension error, the unit price shall prevail.
V. Other Terms and Conditions - The terns and conditions as indicated in this document and/or attached are hereby included with Rill force and like effect as
if set forth herein. Copies of the applicable Terns and Conditions may be obtained by contacting Riverside County Purchasing at the number shown above
and requesting a copy be faxed or mailed to you.
VI. Period of Firm Pricing - Unless stated otherwise elsewhere in this document, prices shall be fain for 90 days after the closing date, and prior to an award
being made.
VII. Specification/Changes - Wherever brand Haines are used, the words "or equal" shall be considered to appear and be a part of the specification. If you are
quoting another make or model, cross out our nomenclature and insert yours. If no make or model is stipulated, insert yours. Attach applicable specifications
and/or brochures. Variations in manufacturers, design, etc., may be acceptable, bidders are encouraged to offer them as alternatives; however, the County
reserves the right to reject those alternatives as non - responsive.
VIII. Recycled Material - Wherever possible, the County of Riverside is looking for items made from, or contenting in part, recycled material. Bidders are
encouraged to bid items containing recycled material as an alternative for the items specified; however, the County reserves the right to reject those
alternatives as non - responsive.
IX. Method of Award - The Comity reserves the light to reject any or all offers, to waive any discrepancy or technicality and to split or make the award in any
manner determined by the County to be most advantageous to the County. The County recognizes that prices are only one of several criteria to be used in
judging an offer and the County is not legally bound to accept the lowest offer.
X. Return of Bid/Closing Date/Return to - The bid response shall be submitted electronically to PubliePurchase.com by 1:30 pan. on the closing date listed
above. Bid responses not received by County Purchasing by the closing date and time indicated above will not be accepted. The County will not be
responsible for and will not except late bids due to slow internet connection, or incomplete transmissions.
XI Local Preference - The County of Riverside has adopted a local preference program for those bidders located within the County of Riverside. A five percent
(5 %) price preference may be applied to the total bid price during evaluation of the bid responses. To qualify as a local business, the business must have
fixed offices within the geographical boundaries of Riverside County and must credit all sales taxes paid resulting from this RFQ to that Riverside County
location, or
ME - Disabled Veteran Business Enterprise Preference - The County of Riverside has implemented a Disabled Veteran Owned Business preference policy. A
three percent (3% preference shall be applied to the total bid price of all quotes/bids /proposals received by the County from certified disabled veterans
owned businesses. If the bid is submitted by a non - Disabled Veteran owned business, but lists subcontractors that are identified and qualified as Disabled
Owned Business, the total bid price will be adjusted by 3% of the value of that subcontractor's portion of the bid
IF CHECKED, THE FOLLOWING DOCUMENTS HEREBY MADE PART OF THIS RFQ
X APPENDIX "A° PLANS/DRAWINGS SAMPLES X EXHIBITS (A) X ATTACHMENT (Product List)
#116 -110 Special Conditions/Response _ #116 -130 Equipment Information Sheet
X #116 -260 Local Business Qualification Affidavit _ #116 -310 Boilerplate Contract
IF CHECKED, THE FOLLOWING GENERAL CONDITIONS ARE INCLUDED WITH FULL FORCE
AND LIKE EFFECT AS IF SET FORTH HEREIN
X #116 -200 General Conditions X #116 -210 General Conditions Materials and/or Services
#116 -230 General Conditions - Equipment _ #116 -220 General Conditions - Public Works
T #116 -240 General Conditions - PersonalTrofessional Service
To access any of these General Conditions go to www .nurchasine.co.riverside.ca.us, located in Vendor Registration/Bidding Opportunities.
If an addendum is issued for this procurement, it will be the vendor's responsibility to retrieve all
applicable addendum(s) from the Public Purchase website.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -21
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
APPENDIX A
1.1 LIQUIDATED DAMAGES - It is agreed by the parties that time is of the essence, and in the event
complete delivery is not made within the schedule set by the County, and pursuant to the bid
specifications, damage will be sustained by the County, it will be impractical, and extremely difficult to
ascertain, and determine the actual damage sustained. Therefore, it is agreed that the successful bidder
shall pay to the County of Riverside, as fixed and liquidated damages, and not as penalty, a dollar sum in
the amount of $ per calendar day for each and every calendar day that a delay in malting
delivery in excess of the time or times specified. It is further agreed that in the event such damages are
sustained by the County, the County shall deduct the amount from any payment due or that may become
due to the vendor under the contract.
1.2 "Electronic submission hereof is certification that the Bidder has read and understands the terms and
conditions hereof, and that the Bidder's principal is fully bound and committed." All County terms and
conditions are found at www .purchasine.co.riverside.ca.us. Bidders must acknowledge the applicable
terms and conditions that are checked at the bottom of page 2 of this document.
1.3 CASH DISCOUNT _% from receipt of good or invoice, whichever is later. (terms less than 20 days will
be considered net) Cash discount shall be applied to grand total.
1.4 Delivery: calendar days after receipt of order.
1.5 Please Check: Disabled Veteran Local Business — if checked, the above signer certifies that
the above business is located within the geographical boundaries of Riverside County and that all sales
taxes generated based on this RFQ will be credited to that location in Riverside County. If claiming
Local Preference please submit form 116 -260.
1.6 If Bidder experiences technical issue with the online bidding process, Bidder must contact the
Procurement Contract Specialist (PCS) for further bid submission instructions. Bidder must contact the
appropriate PCS a minimum of 1 hour prior to bid close time of 1:30 PM.
2.0 DEFINITIONS
A. Wherever these words occur in this RFQ, they shall have the following meaning:
B. "RFQ" shall mean Request for Quote.
C. "Addendum" shall mean an amendment or modification to the RFQ (Request for Quote).
D. "Bid" shall mean the proposal submitted by a Bidder on the Bid Form consistent with the Instructions to
Bidders, to complete the Work for a specified sum of money and within a specified period of time.
E. "Bidder" shall mean an individual, firm, partnership, or corporation that submits a qualified Bid for the
Work, either directly or through a duly authorized representative.
F. "Contractor" shall mean any employee, agent, or representative of the contract company used in
conjunction with the performance of the contract. For the purposes of this RFQ, Contractor and Bidder
are used interchangeably.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -22
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
G. "COUNTY" shall mean the County of Riverside and its agencies.
H. "CCISDA" shall mean the California County Information Services Directors Association
I. "MISAC" shall mean the Municipal Information Systems Association
J. "LAR" shall mean the Large Account Resellers
K. "EA" shall mean Enterprise Agreement
L. "Qualified Device" shall mean any personal desktop computer, portal computer, workstation, or similar
device that is used by of for the benefit of Enrolled Affiliate's Enterprise. It does not include: (1) any
computer that is designated as a server and not used as a personal computer, (2) any Industry Device, (3)
any device running an embedded operating system (e.g., Windows Phone 7) that does not access a
virtual desktop infrastructure, or (4) any device that is not managed and/or controlled either directly or
indirectly by Enrolled Affiliate's Enterprise. Enrolled Affiliate may include as a Qualified Device any
device which would be excluded above (e.g., Industry Device).
M. "MDOP" shall mean Microsoft Desktop Optimization Platform
N. "MSDN" shall mean Microsoft Developer Network
3.1 Purpose
a) The County of Riverside is soliciting bids for a consortia approach to collectively enter into a Microsoft
Enterprise Agreement and Select program in order to utilize the desktop volumes to achieve the best
possible price as detailed in this RFQ. Microsoft has demonstrated flexibility in dealing with
CCISDAVVIISAC to accommodate government issues and concerns to offer a customized Enterprise
Agreement that will work for all government agencies within the state of California.
b) The purpose of this RFQ is to seek both renewal pricing for those under the current Microsoft
Agreement from any authorized LAR within the State of California plus allow new enrollments to take
place based on combined volumes of those staying with the old agreement, those renewing in this new
contract, and those joining into the new contract for the first time.
c) The intent of this RFQ is to award to no more than five (5) Microsoft authorized and responsible Large
Account Resellers (LAR) in the State of California that meets the terms and conditions of this RFQ. The
LAR(s) will serve as the administrator of this agreement and will collect all dollars directly from those
jurisdictions enrolled under this awarded contract.
3.2 Background
a) Since June 19, 2001, The California County Information Services Directors Association (CCISDA)
and the Municipal Information Systems Association (MISAC) of California have been participating in
a state -wide Microsoft Enterprise Agreement (EA) and Select program. The County of Riverside will
continue to administer this award, to include participation from CCISDA and MISAC.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -23
County of Riverside
Purchasing & Fleet Services
Request for Quote # PUARC -1200
Closing Date: 10/11/2011(&,1:30 P.M.
b) The California County Information Services Directors Association (CCISDA) is the official
organization of the county information technology directors in the state of California. They represent the
58 California counties in the area of information technology and county government.
c) The Municipal Information Systems Association (MISAC) of California is a statewide organization of
approximately 150 member agencies. They represent the 475 Cities and Special Districts in the state of
California in the area of information technology and county government.
d) Current participation in this successful contract has surpassed 488,000 desktops and over 460 separate
enrollments to this Microsoft Enterprise Agreement. The current Large Account Resellers (LAR) have
worked with each of these entities to explain the Microsoft Enterprise Agreement, helped them make
decisions about their licensing needs, provided enrollment assistance, and coached them during annual
EA requirements including true -ups and annual payments. The awarded LAR(s) will be required to
deliver this same level of service, as well as provide continuing education to enrollees on other services
and benefits provided to participants in the EA.
e) The LAR(s) must allow CCISDA/MISAC members with the opportunity to continue to enroll in the
Enterprise Agreement after the open enroll period at a highly discounted price based on cumulative
volumes of desktops enrolled under the new and existing contracts.
f) In addition, many government entities could not purchase from a sole LAR due to local preference
purchasing requirements. The intent of this RFQ is to award to multiple Large Account Resellers
(LARs) under a single agreement and to get credit for volumes under the existing contract and for those
that want to change to the renewal contract or for those governments enrolling for the first time.
g) Many counties do not upgrade their software on their desktops on an annual basis and most do so every
two to three years. As a result, most may not benefit from Software Assurance under the Select Program
nor can justify an Enterprise Agreement. Therefore, to make an Enterprise Agreement a tool for
government, it must be cost effective, ease licensing management, and encourage government to stay
current with new software versions to take advantage of the latest technological improvements that
could benefit employee productivity. An additional benefit can be realized through other offerings made
available to EA participants. When such offerings are introduced, it is imperative that the LAR make the
offering known to the agency in order for them to obtain the most out of their EA investment.
4.0 PRODUCT LINE
4.1 Enterprise Agreement Program Products
The products offered under the Enterprise Agreement (EA) may be purchased individually or in total as follows:
4.2 Enterprise Products
a) The Enterprise Agreement offers California County Governments access to the most recent releases of
the Desktop Professional Platform products. The Enterprise Agreement Desktop Platform products are:
i. Microsoft Windows 7 Enterprise Edition with MDOP
ii. Microsoft Office Professional Plus 2010
iii. Microsoft Core Client Access License Suite or Enterprise Client Access License Suite
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25
County of Riverside
Purchasing & Fleet Services
Request For Quote # PUARC -1200
Closing Date: 10/11/2011 @1:30 P.M.
Government entities who enroll in the Professional or Enterprise Platform (the Windows 7 Enterprise
Edition operating system upgrade, Office Professional Plus 2010, and Core CAL Suite or Enterprise
CAL Suite) receive a platform discount on top of their already discounted enterprise software product.
c) Government entities not adding products at signing may still add additional products to their enrollment
at any time with License & Software Assurance (pro -rated annually for the remaining term of their
enrollment).
d) For full product listing see excel attachment "PUARC -1200 Product listing."
4.3 Additional Products and Services
a) Nearly all other available Microsoft software titles are obtainable as additional products. They provide
the same License & Software Assurance coverage as enterprise products, but do not require an
enterprise -wide commitment. For products licensed at signing, payments can be spread throughout
enrollment years in the same way that enterprise product payments are annualized. Also, additional
products at signing will have corresponding pricing for the use of the True Up ordering process,
enabling an annual consolidation of ordering. Government entities not adding products at signing may
still add additional products to their enrollment at any time with License & Software Assurance (pro-
rated for the remaining term of their enrollment).
b) Premier Services are available through the Riverside Master Agreement for as long as it is offered as
products under the Microsoft Enterprise Agreement.
c) Examples of software products available as additional products include Office Visio, Microsoft Project,
Windows servers, Exchange servers, Microsoft Office SharePoint Servers, SQL Servers, Visual Studio
Team Edition (w/ MSDN), MapPoint Web Service, and many others.
d) A complete list of additional products is available on the Microsoft Product List at:
http://www,microsoftvolumelicensing.com/userights/PL.aspx
e) To learn more about Product Use Rights, visit:
htW : / /www.microsoftvolumelicensing .com /userights /PUR.aspxx
4.5 Customized Components:
a) The awarded Large Account Reseller(s) as part of the contract must be willing to accept the
administration of the contract. California government entities will enroll by Agency (understanding that
all desktops in a department must be committed unless the desktop has an asset tag where it has been
paid and owned by another government jurisdiction).
b) Commitment for each government entity is at least 25 desktops in the entire organization. Organizations
under 25 qualified workstations are required to combine enrollments with other local government
entities for a total of at least 25 qualified workstations s to qualify. The government entity who handles
the enrollment for multiple jurisdictions will also be responsible for distributing license confirmations.
c) The LAR's are required to provide annual reports of qualified workstation counts by enrollment and ask
for desktop true -ups for net additional desktops added during each contract year. The customer is
expected to true up additional products added to during past year. Quarterly reports of licenses
purchased under the Select agreement (provided by this contract) must also be provided including
product and version number. It is preferred that this capability be provided though the Internet.
Form 4 116 -101 RFQ Public Purchase Revision 04/12/11
25D -25
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
d) All products covered under the EA automatically include Software Assurance for either the full thirty -
six (36) or sixty (60) month contract period options. During the contract period, participating
government entities will be entitled to all version upgrades at no additional charge. And on termination
of the contract, participating organizations will own the most current version of covered products as of
the contract termination date, whether the version is installed or not.
e) During the EA each participant will be required (but not limited) to count total qualified workstations in
their organization which will be reported to the LAR. Other counts such as True -Up of additional
products and additional of 'not-at-signing' products maybe required.
f) The Enterprise Agreement term is sixty (60) calendar months from the date of acceptance, or an optional
thirty -six (36) months if requested. Enrollment for this program will be open until the expiration of the
Master Agreement. While the number of net desktops in each organization may increase annually, there
could be certain economic issues (such as discontinuing a government service due to funding) or
political shifts (such as County Courts becoming a State Agency or a government entity filing for
bankruptcy) that could impact desktop counts. Microsoft will deal with decreases in qualified
workstation counts on an individual basis without penalty to other enrollments. EA participants that
terminate for cause, will own licenses equal to the portion of the total contract period for which they
participated. Participants terminating prior to year 2 shall own licenses for 1/3 of the total desktops
enrolled. Participants terminating prior to year 3 shall own licenses for 2/3 of the total desktops enrolled.
The licenses shall be for the current version of the products at the time of termination. If any one
County /Department terminates the enterprise agreement, it shall have no bearing or impact on the others
enrolled.
g) EA enrollees receive perpetual license to the most current version of the software covered under this
agreement upon initial payment. By participating under the EA, enrollees immediately become current
and stay current. Net new desktops added during the contract period immediately have the right to install
the most current versions of the products covered under the EA and the "true -up" payment must be
made at the beginning of the next contract year.
h) All new software covered and purchased under the EA is to be delivered to the COUNTY electronically,
tmless explicit instructions are communicated that delivery method would be otherwise.
5.0 TIMELINE DATES:
1. RELEASE OF REQUEST FOR QUOTATION
September 20, 2011
2. DEADLINE FOR SUBMISSION OF QUESTIONS
Must be submitted by:
Bidders must submit their questions online at
Date: October 3, 2011
PubliePurchase.com. All questions submitted are within the
Time: 1:30 PM
correct RFQ located on PublicPurchase.com.
3. DEADLINE FOR QUOTATION SUBMITTAL
October 11, 2011 at 1:30 PM
Bid results are posted on PublicPurchase.com
4. TENTATIVE DATE FOR AWARDING CONTRACT
5 -90 days, contingent upon
lowest bidder meeting all of the
bid specifications.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -26
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
6.0 PERIOD OF PERFORMANCE
The period of performance shall be for 5 year(s), with each year renewable in one -year increments, with the
completion date of 12/31/17, with no obligation by the County of Riverside to purchase any specified amount of
services.
L7.0 GENERAL REQUIREMENTS
Procedures for Submitting Quotations
All quotations must be submitted in accordance with the standards and specifications contained within this
Request for Quote (RFQ).
The County reserves the right to waive, at its discretion, any irregularity, which the County deems reasonably
correctable or otherwise not warranting rejection of the quotation.
The County shall not pay any costs incurred or associated in the preparation of this or any quotation or for
participation in the procurement process.
Quotes must be specific unto themselves. For example, "See Enclosed Manual" will not be considered an
acceptable quotation. Receipt of all addenda, if any, must be acknowledged in the quotation.
Late quotations will not be accepted. Postmarks will not be accepted in lieu of this requirement. Quotations
submitted to any other County office will be rejected.
8.0 METHOD OF AWARD (Specifications)
Quotations will be evaluated based on relevant factors, including but not limited to the following:
a. Lowest overall purchase price
b. Adherence to specifications as detailed in this RFQ (PUARC -1200)
c. Prompt payment discounts on 30 days or less
d. Warranties
e. All associated delivery costs
f Delivery date
g. Product acceptability
h. Service /Customer Support
9.0 EVALUATION PROCESS
All quotations will be given thorough review. All contacts during the review selection phase will be only
through the Purchasing Department. Attempts by the Bidder to contact any other County representative may
result in disqualification of the Bidder. The County recognizes that prices are only one of several criteria to be
used in judging an offer, and the County is not legally bound to accept the lowest offer.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -27
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
10.0 INTERPRETATION OF RFQ
The Contractor must make careful examination and understand all of the requirements, specifications, and
conditions stated in the RFQ. If any Contractor planning to submit a quote finds discrepancies in or omissions
from the RFQ, or is in doubt as to the meaning, a written request for interpretation or correction must be given
to the County. Any changes to the RFQ will be made only by written addendum and may be posted on the
Purchasing website at www .purchasing.co.riverside.ca.us and PublicPurchase.com. The County is not
responsible for any other explanations or interpretations. If any provision in this agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue
in full force without being impaired or invalidated in any way. All notices regarding this procurement may be
posted on the County's purchasing website at www .purchasing.co.riverside.ca.us and PubliePurchase.com.
OF PROCUREMENT PROCESS
The County may cancel the procurement process at any time. All quotations become the property of the County.
All information submitted in the quotation becomes "public record" as defined by the State of California upon
completion of the procurement process. If any proprietary information is contained in or attached to the quote, it
must be clearly identified by the Bidder; otherwise, the Bidder agrees that all documents provided may be
released to the public after bid award.
The County reserves the right to withdraw the Request for Quote (RFQ), to reject a specific quote for
noncompliance within the RFQ provisions, or not award a bid at any time because of unforeseen circumstances
or if it is determined to be in the best interest of the County.
12.0 COMPENSATION
12.1 The County shall pay the awarded bidder for equipment and services performed, after the equipment are
installed and tested to the satisfaction of the County. Expenses incurred and compensation shall be paid in
accordance with an invoice submitted to County by awarded bidder. The County shall pay the acceptable
invoice within thirty -(30) working days from the date of receipt of the invoice, or the goods /services are
received, whichever is later.
12.2 No price increases will be permitted during the first year of the award. All price decreases (for example,
if CONTRACTOR offers lower prices to another governmental entity) will automatically be extended to the
County. The County requires written proof of cost increases prior to any approved price adjustment. After the
first year of the award, a minimum of 30 -days advance written notice is required for consideration and approval
by County. No retroactive price adjustments will be considered. The net dollar amount of profit will remain
firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All
Consumers, All Items - Greater Los Angeles, Riverside, and Orange County areas (Microsoft Enterprise
License Agreement) and be subject to satisfactory performance review by the County and approved (if needed)
for budget funding by the Board of Supervisors.
13.0 USE BY OTHER POLITICAL ENTITIES II
The CONTRACTOR agrees to extend the same pricing, terms, and conditions as stated in this Agreement to
every political entity, special district, and related non -profit entity in Riverside County. It is understood that
other entities shall make purchases in their own name, make direct payment, and be liable directly to the
CONTRACTOR; and County shall in no way be responsible to CONTRACTOR for other entities' purchases.
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -28
County of Riverside
Purchasing & Fleet Services
Exhibit A
Software Assurance Benefits:
Request for Quote # PUARC -1200
Closing Date: 10/11/2011(x,1:30 P.M.
The Enterprise Agreement includes Software Assurance, Microsoft's enhanced maintenance program that helps
customers get the most out of their software investments. Access to valuable benefits such as training,
deployment planning, software upgrades, and product support can help increase the productivity of the entire
organization. Awarded LAR(s) will continue to educate and assist participants on what these benefits are and
how participants can take full advantage of them.
Here are details on Software Assurance benefits throughout each phase of software management.
Stage
Benefit
Description
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of licensed software released during the term of your '
New Version
agreement to deploy at your own pace as they
Rights
become available. You can reduce the costs
Planning
associated with acquiring new version releases and
Stage
immediately take advantage of the latest technology.
You can make payments annually, instead of making
Spread
one up -front payment. This helps you to reduce initial
Payments
costs and `forecast annual software budget
requirements up to three years in advance.
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Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -29
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 @1:30 P.M.
Exhibit A Cont'
Software Assurance Benefits:
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -30
Microsoft's eLearning provides your employees
access to individual, on- demand Microsoft software
eLearning
courses. eLearning can be delivered online or offline
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(per availability of Windows Vista), helping you to
lower your deployment and management costs.
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Virtual PC' Express, supports a single instance of a
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Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -30
County of Riverside Request for Quote # PUARC -1200
Purchasing & Fleet Services Closing Date: 10/11/2011 g 1:30 P.M.
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as hotfix issues arise. Annual fees and required sign -,
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up periods associated with EHSA are waived for
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Software Assurance customers, increasing peace of
Support
mind and reducing support costs. A Premier or
Essential Support agreement is a pre - requisite for
eligibility.
For more information about Software Assurance benefits, please visit:
http://www.microsoft.com/licensing/i)rograms/s
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -31
County of Riverside
Purchasing & Fleet Services
Local Business Qualification Affidavit
Request for Quote # PUARC -1200
Closing Date: 10/11/2011 n,1:30 P.M.
The County of Riverside Local Business Preference may be applied to this Request for Proposal /Quotation. If you qualify
for this preference, please submit this form along with your response to this RFP /Q.
Definition of Local Business
A local business shall mean a business or firm with fixed offices located within the geographical boundaries of Riverside
County, and authorized to perform business within the County. In doing so, credit all sales tax from sales generated within
Riverside County to the County, and who provide product or perform contracted work using employees, of whom the
majority are physically located in said local offices.
Local businesses' shall have a Riverside County business street address. Post office box numbers, residential addresses,
or un- staffed sales offices shall not suffice to establish status as a "local business." To qualify as a "local business" the
location must be open and staffed during normal business hours and the business must establish proof that it has been
located and doing business in Riverside County for at least (6) six months preceding its certification to the County as a
local business.
Additional supporting documentation that may be requested by the County to verify qualification includes:
1. A copy of their current BOE 531 -A and /or BOE 530 -C form, (State, Local & District Sales, and Use Tax Return
Form). This is what businesses submit to the State Board of Equalization when paying the sales tax to the State
of California indicating the amount of the payment to be credited to each jurisdiction (Le. Counties, Cities).
2. A current business license if required for the political jurisdiction the business is located.
3. Proof of the current business address. The local business needs to be operating from a functional office that is
staffed with the company's employees, during normal business hours
Business N ame: ;
Physical Address:
Phone: FAX: E- Mail:'
Length of time at this location: Number of Company Employees at this address:
If less than 6 month, list previous
Riverside County location:..
Business License # (where applicable): Jurisdiction
IIours of Operation:
Primary function of this location (i.e., sales, distribution, production, corporate, etc):
Signature of Company Official Date
Print Name, Title
Submittal of false data will result in disqualification of local preference and /or doing business with the
Riverside County.
Form # 116 -260 Rev 8/04
Form # 116 -101 RFQ Public Purchase Revision 04/12/11
25D -32
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25D-33
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CJ
SUBMITTAL TO THE BOARD OF SUPERVISORS r .„
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
FROM: Purchasing and Fleet Services and Riverside County Information SUBMITTAL DATE:
Technology (RCIT) November 2, 2011
SUBJECT: APPROVAL OF MICROSOFT ENTERPRISE AGREEMENT
RECOMMENDED MOTION:. That the Board of Supervisors:
1. Authorize County departments to enroll in the statewide renewal of Microsoft Enterprise
Agreement (EA), which runs for up to five (5) years,,. and;
2. Authorize the Purchasing Agent, In accordance with Ordinance No. 459.4, to enter in the
Master Enterprise Agreement and Premier Support Services without seeking competitive
bids, and sign the purchase orders, amendments, and exercise the renewal option based
25D -37 Attachment 5
BOARD OF SUPERVISORS
FORM 11: APPROVAL OF MICROSOFT ENTERPRISE AGREEMENT
PAGE 2
BACKGROUND
The County of Riverside has been the leader in the negotiations and procurement of the
statewide cooperative license purchase agreement for the statewide Microsoft. Enterprise
software and services. There are 388 governmental agencies in California that utilize this
enterprise agreement.
Through this negotiation process, the County of Riverside has obtained the deepest discounts
offered! to any governmental agencies, and as a result will be utilized by most of the public
entities throughout the State of California.
The Microsoft Enterprise Agreement Is an annual program that covers licensing of standard
desktop software (Microsoft Office, Microsoft Windows, and Back Office products) and
Enterprise Platform products.
The County has been challenged in the past in consistently maintaining software at current
version levels and Microsoft products are the most predominant product used by all
departments on all personal computers and Enterprise Platform products to support
Departments basic needs In the County.
In an effort to keep software current and licensed at the County, a maintenance program is
provided by Microsoft. A maintenance program will cost less than what departments would
spend upgrading all products once aver a three or five -year period. The potential for significant
savings exists due to changes in Microsoft licensing policies and potential cost increases of
Microsoft products over the next five years.
Some of the key benefits realized from this program are:
• Departments can upgrade to any Microsoft product version as they, choose and when
convenient.
• Licensing for the products covered by this program no longer need to be tracked.
Participants merely count the qualified desktops or user counts and true, with that
number of licenses.
• The flexibility to sign -up by user allows for multiple devices such as smart phones and
tablets (i.e., IPhores, ]Pads,, etc.) and securing only one license opposed to multiple.
• EA provides a consistent year -to -year budget for this program in an effort to keep
County software current, legal, . and consistent,
• EA protects the County against Microsoft price increases for the duration of the
agreement.
• EA compliments, other countywide technology initiatives (PeopleSoft, Exchange,
Remedy, and Resumix)..
County departments and agencies are currently enrolled in this program. In Fiscal Year
2010/14, the county invested $3,851,890 for 19,734 desktops enrolled in the program,
Departments may also order other Microsoft products (such as Window Server, Visio, MS
25D -38
BOARD OF SUPERVISORS
FORM 11: APPROVAL OF MICROSOFT ENTERPRISE AGREEMENT
PAGE
BACKGROUND (Continued}
project) off of this contract and receive the same discounting offered for the core desktop
licensing for Riverside County, County Departments will have agreement options that best fit
their departmental needs including either a three or five year agreement.
PRICE REASONABLENESS
Information Technology and the Purchasing Department, working with Microsoft, determined
best pricing and developed a customized licensing program that works best for California
Government, The analysis shows that by participating in the Enterprise Agreement (EA), the
County can save as much as $907,686 annually off the retail price and $4,538,430 over the next
five (5) years. The requested) $6 million annual amount allows individual departments to
purchase their user or device license and various platform products and services that
departments purchase to meet their business needs. The $6 million is an estimated amount that
provides for the, purchasing authority off the Microsoft agreement in order to ensure county
departments receive all applicable discounts. As with any county purchase, all purchase orders
will be processed through County Purchasing for approval.
Because Microsoft .. only sells their products through resellers, Purchasing released a Request
for Quote PURAC -12001 on PubllePurchase.com and advertised on the County's Internet to
obtain Microsoft Large Account resellers (LARS), which resulted in six LARS responding to the
solicitation. The County evaluated the responses and recommends that Insight Public Sector
Inc. be awarded as the primary LAR for Riverside County, and the remaining five, CompuCom
Systems, Inc., Dell Marketing, L.P., Enpointe Technologies Sales Inc, PC Mall Gov, Inc, and
Softchoice Corporation also be awarded for use by other governmental entities to allow these
entities the option to select their LAR based on their own geographical or other criteria. These
LARS shall be authorized to offer a contract for any government entity in California to enroll '. into
the Microsoft Enterprise Agreement through December 31, 2016.
25D -39
EXHIBIT B
City of Santa Ana / CompuCom EA Renewal Price Confirmation
25D -40
From: Sam.Andrews @compucom.com
Sent: Monday, October 28, 2013 12:12 PM
To: Gergen, Tom (tgergen@santa-ana.org)
Cc: Sam.Andrews @compucom.com
Subject: Santa Ana / CompuCom EA Renewal Price Confirmation
Importance: High
Morning Tom!
This is to confirm that the City of Santa Ana qualifies to receive an additional
"continuing customer discount" of -1.00% off Microsoft Level D -7.5 Cost plus mark
up % on its renewal of the Microsoft Enterprise Agreement with CompuCom Systems,
Inc. acting as the Large Account Reseller.
Under the terms of the County of Riverside master agreement with Microsoft for
Enterprise Agreements [MEA] to qualified agencies, for which the City of Santa Ana
qualifies, and with the "continuing customer discount," CompuComSystems, Inc.
pricing for the City of Santa Ana's renewal of its Microsoft Enterprise Agreement
would be as follows:
Renewal pricing = Microsoft Volume Licensing Level D -7.5% Cost plus
mark up % of -2.50% added at signing (2.5% below D -7.5% cost)
True -ups = Microsoft Volume Licensing Level D -7.5% Cost plus
mark up % of -0.50% added at true -up (0.5% below D -7.5% cost)
The above pricing applies to Microsoft applications, systems, servers, and non -
specified new addition products under the terms of the County of Riverside MEA.
CompuCom appreciates the opportunity to serve the City of Santa Ana and looks
forward to continuing to provide superior Large Account Reseller services at the best
value in the industry.
Sincerely,
Sam Andrews
Sr. Software Solutions Specialist
CompuCom Systems, Inc.
818 -988 -2195
25D -41
Exhibit B
EXHIBIT C
CompuCom Software Quotes for City of Santa Ana
[1] Renewal of MEA # 4612835
[2] MEA Setup and 3rd year True Up
[3] Select Purchase excluded from MEA
25D -42
CompuCom - software quote
Quoted by Sam Andrews, CompuCom 7171 Forest Lane Dallas. TX 75230
Phone 818. 988.2195 sam.andrews com ucom.com
Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may call
800. 400 -9852, option 2, to check status on orders.
Quoted to:
City of Santa Ana
Tom Ger en
taeraen anSanta- ana.ora
Date 111512013
;z
Renewal of Ea4672835 (e'xpires 113112014)'.
Important., Please provide the email address of the recipient designated to
receive a CompuCom, "order confirmation"
Quantity
Part 9
Description
Unit Price
Ext. Price
erprlse-produits
1,650
269 -12442
Office Pro Plus (SA) Platform
$ 77.50
$ 127,875.00
1,650
FQC -02460
Windows Pro (SA) Platform
$ 28.47
$ 46,975.50
1,500
W06 -01072
Core CAL User CAL SA Platform
$ 33.45
$ 50,175.00
badditional products rt
1,500
359 -00961
SQL Server User CAL SA
$ 30.41
$ 45,615.00
3
395 -02504
Exchange Server Enterprise SA
$ 589.94
$ 1,769.82
3
312 -02257
Exchange Server Standard SA
$ 103.03
$ 309.09
1
H04 -00268
Sharepoint Sewer (SA)
$ 990.15
$ 990.15
17
076 -01912
Project (SA)
$ 95.13
$ 1,617.21
51
228 -04433
SQL Server Standard Server (SA)
$ 130.63
$ 6,662.13
16
7NQ -00292
SQL Server Standard 2 -Core Lic (SA) -
(because you had 8 processors, you received
32 cores - which is 16 2 -care licenses )
$ 522.20
$ 8,355.20
4
D87 -01159
Visio Pro (SA)
$ 81.38
$ 325.52
125
P73 -05898
Windows Server Standard 2- Processor (SA)
$ 128.47
$ 16,058.75
23
P71 -07282
Windows Server Datacenter 2- Processor(SA)
$ 896.65
$ 20,622.95
775
6VC -01253
Windows Remote Desktop Services CAL (SA)
Device CAL
$ 14.72
$ 11,408.00
3
R39 -00396
Windows Server External Connector (SA)
$ 294.05
$ 882.15
9
77D -00110
Visual Studio Professional with MSDN (Lic /SA)
$ 312.12
$ 2,809.08
6
D87 -01057
Visio Pro (Lic /SA)
$ 174.93
$ 1,049.58
Please type "electronic software delivery"
on your PO
Product -total
$ 343,500.13
Sub -Total
$ 343,500.13
0
Tax
ESD - nontaxable
$ -
Shipping
No Charge
Total
Your estimated January-2014 Renewal x3 pa
mants)
$ 343,500.13:-
Prices good for 30 days
Total of 3 years=
$ 1,030,500.39
hardware and software products provided by CompuCom) shall be provided as a pass- through from the manufacturer of
such products. All software products are subj r v., tier, as provided
with the software packaging or In the saftwai r a * s. ' Sh f txen3 Corius,om p =ov(s4esns rd)tenati: arranlles,
indemnities or liabilities. Public Sector Disci Mv: vwn*n c � n= 3ve nt =u h EA
transactions. m �i�F.a.n....
25D -43
CompuCom - software quote
Quoted by Sam Andrews Com uCom 7171 Forest Lane Dallas TX 75230
Phone 818. 988.2195 sam.andrews com ucom.com
Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may
ca /1800- 400 -9852, option 2, to check status on orders.
Quoted to:
City of Santa Ana
Tom Ger en
ter en Santa- ana.or
Date 912512013
City of Santa Ana EA # 4612835
Important: Please provide the email address of the recipient designated to
receive a CompuCom 'order confirmation"
Quantity
Part #
Description
Unit Price
Ext. Price
# vv2,✓
k
x $ ftM " i
1615111
12
P71 -01500
Windows Server Datacenter (SA StepUp) 1-
Processor, from Win Enterprise, Added in Year -
3 of EA (new order)
$ 36.16
$ 433.92
1
312 -02177
Exchange Server Standard (Lie /SA) Year -3
True Up
$ 514.20
$ 514.20
Product -total
$ 948.12
Sub -Total
$ 948.12
0
Tax
$ -
Shipping
No Charge
Total
$ 948.12
Prices good for 30 days
party hardware and software products provided by CompuCom) shall be provided as a pass- through from the
manufacturer of such products. All software products are subject to the license agreement of the applicable software
supplier, as provided with the software packaging or in the software at time of shipment. CompuCom provides no
independent warranties, indemnities or liabilities. Public Sector Disclosure: CompuCom may receive incentive fees for
public sector EA transactions.
25D -44
CompuCom - software quote
Quoted by Sam Andrews Com uCom 7171 Forest Lane Dallas TX 75230
Phone 818. 988.2195 sam.andrews com ucom.com
Please fax your POs to Client Assistance Center at 800 - 366 -9994. You may
call 800. 400 -9852, option 2, to check status on orders.
Quoted to:
City of Santa Ana
Tom Ger en
ter en Santa- ana.or
Date 111512013
Important: Please provide the email address of the recipient designated to
receive a CompuCom "order confirmation"
Part #
Description
Unit Price
Ext. Price
,+Quantity
W.Fi1^.liY ri.ixwrY"�i'1�4
e:v e
lH .ti._pf"r'�'jL.S.•Ja= YY"�l.�dM1ry �e�`'Vi ]s {44T4
iii ir.%Ft 1i.. 'fi �J{
FmF,F:siij AM'S
250
R18 -04301
Windows Server CAL 2012 Device CAL
$ 18.93
$ 4,732.50
Sold on Select Agreement, for Windows 2012
Device CAL's for your public- access PC's.
$
$
$
$
Product -total
$ 4,732.50
Sub -Total
$ 4,732.50
0
Tax
$ -
Shipping
No Charge
Total
1
$ 4,732.50
Prices yood for 30 days
party hardware and software products provided by CompuCom) shall be provided as a pass- through from the
manufacturer of such products. All software products are subject to the license agreement of the applicable software
supplier, as provided with the software packaging or in the software at time of shipment. CompuCom provides no
independent warranties, indemnities or liabilities. Public Sector Disclosure: CompuCom may receive incentive fees for
public sector EA transactions.
DRAFT
25D -45
25D -46
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
SANTA ANA SMALL BUSINESS
INCENTIVE PROGRAM
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
Approve the Santa Ana Small Business Incentive Program, subject to non - substantive changes
approved by the City Manager and City Attorney.
FINANCE ECONOMIC DEVELOPMENT AND TECHNOLOGY COMMITTEE REVIEW
The Finance, Economic Development, and Technology Committee by a vote of 3:0 reviewed this
matter at its meeting on October 14, 2013 and recommended that the City Council authorize staff
to administer the Santa Ana Small Business Incentive Program.
DISCUSSION
In May 2013, the City Council approved the Annual Action Plan and the City submitted the
document to the U.S. Department of Housing and Urban Development (HUD). The Annual
Action Plan is the document whereby the City formally applies to HUD for the annual federal
grant allocations and describes how the grants funds will be utilized. A program listed under the
Annual Action Plan is Economic Development Micro - Enterprise Assistance. According to CDBG
guidelines, a micro - enterprise is defined as a business that has five or fewer employees, one or
more of whom owns the business. One purpose of the Micro - Enterprise Program is to provide
financial assistance, technical assistance and general support services to small start -up
businesses in the City. Another purpose is to meet a national objective, which is to create or
make jobs available for low- income individuals.
This is the first time the City included an economic development activity in the Annual Action
Plan, therefore staff reviewed similar programs in other cities and interviewed their staff about
common practices. Staff initially modeled the creation of the $2,000 grant program and its
administration process after the City of Long Beach, which has successfully administered such
small business incentive program for more than 20 years.
29A -1
Santa Ana Small Business Incentive Program
December 2, 2013
Page 2
In July 2013, the Community Redevelopment and Housing Commission was given an overview of
the Micro - Enterprise program. The general consensus from the Commission was that this
program would be a valuable benefit to start -up businesses in the City and should be forwarded
to City Council for approval.
In August 2013, staff presented an overview of the proposed Micro - Enterprise Program, now
named as the Santa Ana Small Business Incentive Program to the Finance, Economic
Development and Technology Council Committee (Committee). Staff reviewed with the
Committee the proposed $2,000 grant program for small business, the eligibility criteria for the
small business to obtain the grant and the administration process. The Committee was in support
of the proposed new business incentive program but had questioned whether the $2,000 grant
would be enough to assist a start -up business.
In October 2013, staff presented an update on the status of the Santa Ana Small Business
Incentive Program to the Committee. Staff informed the Committee that more recent research
indicated that City of Redlands has a higher grant program ($10,000). Based on an interview
with their staff, it became evident that the administrative work and the required documentations
from small businesses were complex and comprehensive. However, the grant amount has to be
sizable to make it worthwhile for any small businesses to obtain such a grant. As a result of the
new information, staff recommended an increase to the grant program from $2,000 to $5,000.
The Committee was in support of the change.
SUMMARY OF SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
1. Businesses are eligible for the program if they meet one of the criteria listed below:
A. Income Qualifying — The business owner is determined to be low- income pursuant to
HUD requirements; or
B. Geographic Area Qualifying:
1) Community Service Area Map - The business is a new community - serving retail or
service -based business and located in the designated area (Exhibit 1 - Map A); or
2) Targeted Resident Area Map - The business owner or an employee lives in a
designated area where 70% of households are low- income (Exhibit 1 - Map B); or
3) Targeted Business Area Map - The business is located in a designated area where
20% or more of the families are below the poverty level (Exhibit 1 - Map C);
2. Reimburse business start -up costs of up to $5,000. Approximately up to 56 new
businesses could be assisted in the City. Expenses such as rent, insurance costs, utility
connections, advertising, working capital, supplies, fixtures, furniture, equipment, or
working materials could be reimbursed to businesses under this program. According to
CDBG guidelines, reimbursement for this type of grant must be incurred within the first
year of operation, with the new business creating a minimum of one job during its start -up
phase. After initial review by Community Development staff, the City's Executive Director
for Community Development will approve the final application and forward to the Finance
department for audit and request for disbursement of funds.
29A -2
Santa Ana Small Business Incentive Program
December 2, 2013
Page 3
3. In addition to the qualifying criteria, each business will be required to complete a business
development training workshop in areas such as business plan assistance, access to
capital and profit sustainability. The City will be working in partnership with the Orange
County Small Business Development Center to offer these workshops to businesses for a
nominal fee. This workshop fee can also be reimbursed through the grant program.
Offering start -up businesses rebate money and requiring them to attend a business
development training course will increase their likelyhood of succeeding.
4. Launching of the Program: Upon approval of this program, staff will develop a marketing
package which will include printed media, as well as content for inclusion on the City's
website. The City will also be working with local business associations such as the Santa
Ana Chamber of Commerce, downtown business organizations, and the Santa Ana
Merchants Association to disseminate information on this new program. A component of
the program is to encourage new businesses to work closely with City staff to learn about
other City business services and resources available to assist them. Each business will
receive a City marketing package identifying various city business resources such as the
site selection assistance, job hiring and employment training services, and how to find
other available financial assistance.
Small businesses are the backbone of any municipal economy, including Santa Ana. New small
businesses usually do not have the personal assets to infuse into their entrepreneurial venture
and may have a difficult time making it through the intial years of start -up. This grant incentive
may provide the assistance needed to mitigate those costs, thus increasing the probability of a
more successful venture. With the dissolution of Redevelopment programs and Enterprise
Zones, this program will provide the City with a much needed economic development tool and
offer financial assistance to the growth and prosperity of small businesses.
FISCAL IMPACT
Funds in the amount of $400,000 are available in the Community Development Block Grant
account (no. 13518783 - various).
APPROVED AS TO FUNDS AND ACCOUNTS
Nanc ong, XICP Francisco Gutierrez eJ
Interim Executive Di ector Executive Director
Community Develo ment Agency Finance & Management Services Agency
NF /MM /kg
Exhibit: 1. Eligibility Maps
2. Terms and Conditions
3. Draft Application
29A -3
29A -4
EXHIBIT 1
Community Service Area Map
04 9ANf
7
4 Y
V Y
II1�
r,R r�m,n
♦�!p p8�
Qualified Area
Map A
29A -5
-4�
0.0 0.5 1.0
Miles
Targeted Resident Area Map
u4 eawr
a
4 iy ry
R
Qualified Area
Map B
29A -6
i
Miles
Targeted Business Area Map
eQ asxr
s
4 v
1
V b
1.�
c�G `F U 8 alb
Qualified Area
Map C
29 A -7
0.0 0.5 1.0
Miles
29A -8
Exhibit 2
T;
CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
TERMS AND CONDITIONS
I. Purpose
The Santa Ana Small Business Incentive Program is designed to provide a $5,000 rebate
to start -up businesses to locate in Santa Ana and receive specialized business
development training in the process of receiving this grant.
II. Eligible Reimbursements
This incentive will provide a rebate up to $5,000 for start -up costs to businesses who
qualify. Start-up costs can be, but not limited to:
• City Business License Fee
• Signage
• Inventory Purchase
• Utility connections /reconnections (Sewer, Water, Telephone)
• Zoning Permit Fees
• Architectural /Design fees
• Shipping /Packaging Fees
• Advertising/Printing /Website Presence
• Accounting Services
• Purchase of equipment or furnishings
• Office Supplies
• Internet Connection
• Rent /Lease payments (1 month with copy of lease)
• Insurance Costs
• Business development training workshop fee
• Other costs considered and approved by City staff that are associated with
the costs for starting up a new business.
III. Program Eligibility Requirements
• The business must meet one of the following criteria:
1. Income Qualifying - The business owner is determined to be low - income
pursuant to HUD requirements. Applicants must use total household size as their
measure of eligibility. These income limits are determined annually by the
Department of Housing and Urban Development (HUD) and listed in the below
table. The Declaration of Income Form (attached), with supporting
documentation needs to be filled out completely.
29A -9
Household Size Income Limit
1 Person
$
51,250
2 Persons
$
58,600
3 Persons
$
65,900
4 Persons
$
73,200
5 Persons
$
79,100
6 Persons
$
84,950
7 Persons
$
90,800
8 or More Persons
$
96,650
Geographic Area Qualifying — The business may also qualify for the grant if they
satisfy ONE of the below requirements:
a) Community Service Area Map - The business is a new community- serving
retail or service -based business and located in the designated area (Map A). If
your business is retail or service, City staff will determine if your business
serves the immediate residents based on its proximity to neighborhoods and
the goods /services it provides.
b) Targeted Resident Area Map - The business owner or an employee lives in a
designated area where 70% of households are low - income (Map B). If the
owner or an employee of the applying business lives in the boundaries of Area
Map B, then the business would qualify. Please provide one of the following:
copies of an I -9 form, Driver's license or State Identification Card, Lease or
rental agreement, Utility bill, Landlord statement to show you or your
employee's place of residence.
c) Targeted Business Area Map - The business is located in a designated area
with 20% or more of the families are below the poverty level (Map C).
• Applications to participate in the Santa Ana Small Business Incentive Program need
to be completed and submitted within the first year of operation.
• The business must be located in a commercial /industrial storefront with an individual
address. Shared suites and home -based businesses are not eligible.
• The business must have 5 or fewer employees (including the owner) as defined by a
mieroenterprise.
• The maximum reimbursable rebate is $5,000 per business.
• The business owner must submit receipts to the City for all approved costs. (See
Reimbursement Instructions) The business must be active at the time of
reimbursement.
• The business owner must allow access to the City and its employees, as deemed
necessary, for audit purposes and to assess the benefits derived from participating in
the Santa Ana Small Business Incentive Program.
• The business owner must complete an approved business development training
workshop from the Orange County Small Business Development Center. (See
attached)
• The business must be licensed in the City of Santa Ana and in compliance with all
City codes and regulations.
29A -10
• The business must register for a Data Universal Number System (DUNS)
identification number. (See attached application)
• The business must fill out a Form W -9 (Request for Taxpayer Identification Number
and Certification) and submit with the application. (See attached application)
• This is a one -time reimbursement per business.
• Funding is not transferable and other restrictions may apply.
IV. Application Approval Process
• Upon receipt of application, City staff will verify its contents and check that all
necessary items have been completed and attached.
• Applicants will receive written notice of approval, or denial within 10 working
days of application receipt. If the application is denied, it is the applicant's
responsibility to recheck that all items have been included and resubmit the
application.
• The City's Executive Director for Connnunity Development will approve the final
application and forward to the Finance department for audit and request for
disbursement of funds.
• Applications will be time - stamped and processed on a first -come, first- served
basis.
• Due to the limit in funding for the program, not all businesses that apply will
receive the incentive.
V. Completion of Approved Business Development Trainine Workshop
The business owner must complete an approved business development training workshop
prior to the disbursement of rebate funds. To sign up for an approved training workshop,
please visit www.ocsbde.ore or call (714) 564 -5200. Applicants will not receive the
grant if the training workshop has not been completed prior to the submittal of the
application.
V1. Other
Please note that terms and conditions may be modified to comply with HUD and /or City
requirements.
29A -11
29A -12
Exhibit 3
CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
Dear Business Owner:
Thank you for your interest in the City of Santa Ana's Small Business Incentive Program. The
City is dedicated to the support and growth of local businesses like yourself. We look forward to
working with you personally, providing information on other City programs and services, and
connecting you with the Orange County Small Business Development Center (SBDC). The
Orange County SBDC will provide access to training and other business resources for businesses
to grow and prosper.
Enclosed is an application for the Santa Ana Small Business Incentive Program. Please
complete the application and provide the following documentation:
1. A copy of your current City of Santa Ana business license.
2. Copies of bank statements, tax returns, and pay stubs from other sources of
employment (if qualifying by the income criteria if applicable).
3. Conies of 1 -9 form, Driver's license or State Identification Card, Lease or rental
agreement, or Utility Bill (if qualifying by target resident area).
4. Copies of your paid receipts (maximum $5,000 total) that you have spent during
the start-up process for your business. (Do not include deposits)
5. Copy of the receipt for completion for the business development training
workshop from the Orange County SBDC
Once the City receives the items listed above, we will process your application. If eligible, you
will be notified as to when you will receive your rebate. If your application is missing
documentation or you are not eligible for the program, you will be notified as well. Please
submit all documents (copies only, no originals) to:
City of Santa Ana
Economic Development Division
Small Business Incentive Program
20 Civic Center Plaza, M -25,
Santa Ana, CA 92701
Please note that funds are limited for this program. Applications will be processed on a first -
come, first- served basis. Once the incentive funding is not available, the program will end.
There may be additional funding in subsequent years if approval is granted. Again, thank you
for choosing Santa Ana as the home to grow your business.
Please contact our office at (714) 647 -6987 to learn more about this program and other City
programs and services that could be available to you.
29A -13
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
APPLICATION
Date Submitted:
Business License No:
Business Opening Date:
Date Issued:
(Please attach copy of current City of Santa Ana Business License)
Business Owner /Operator: (Please include names of all owners /partners of the business)
Business Name:
Business Address:
Business Phone:
Home Address:
Description of type of business and products or services provided:
No. of Employees:
How will these products /services be delivered to the customer? (i.e. retail from the business address, door -to -door delivery,
mail, wholesale):
Program Eligibility Guidelines (Please read carefully)
1. The business must meet one of the following criteria:
Income Qualifying - The business owner is determined to be low- income pursuant to HUD requirements.
Income limits are listed below. Applicants must use total household size as their measure of eligibility. 'These
income limits are determined annually by the Department of Housing and Urban Development (HUD) and listed in
the below table. The Declaration of Income Form (attached), with supporting documentation needs to be filled out
completely.
29A -14
Household Size Income Limit
1
Person
$
51,250
2
Persons
$
58,600
3
Persons
$
65,900
4
Persons
$
73,200
5
Persons
$
79,100
6
Persons
$
84,950
7
Persons
$
90,800
8 or More Persons
$
96,650
Geographic Area Qualifying — The business may also qualify for the grant if they satisfy ONE of the below
requirements:
a) Community Service Area Map - The business is a new community- serving retail or service -based business
and located in the designated area (Map A). If your business is retail or service, City staff will
determine if your business serves the immediate residents based on its proximity to neighborhoods
and the goods /services it provides.
b) Targeted Resident Area Map - The business owner or an employee lives in a designated area where 70% of
households are low- income (Map B). If the owner or an employee of the applying business lives in the
boundaries of Area Map B, then the business would qualify. Please provide one of the following: I -9 form,
Driver's license or State Identification Card, Lease or rental agreement, Utility bill, Landlord
statement to validate you or your employee's place of residence.
c) Targeted Business Area Map - The business is located in a designated area with 20% or more of the families
are below the poverty level (Map C).
Please state how you will be qualifying your business for this Program (See qualification criteria above):
❑ Income Qualifying El Community Service Area El Targeted Resident Area El Targeted Business Area
2. Applications to participate in the Santa Ana Small Business Incentive Program need to be completed and submitted
within the first year of operation.
3. The business must be located in a commercial /industrial storefront with an individual address. Shared suites and
bome -based businesses are not eligible.
4. The business must have 5 or fewer employees including the owner of the business.
5. The maximum reimbursable rebate is $5,000 per business.
29A -15
6. The business owner must submit receipts to the City for all approved costs. (See Reimbursement Instructions) The
business must be active at the time of reimbursement. Only one application for your business will be accepted.
7. The business owner must allow access to the City and its employees, as deemed necessary, for audit purposes and to
assess the benefits derived from participating in the Santa Ana Small Business Incentive Program.
8. The business owner must complete an approved business development training workshop from the Orange County
Small Business Development Center. To sign up for an approved training workshop, please visit
www.ocsbdc.ore or call (714) 564 -5200.
9. The business must be licensed in the City of Santa Ana and in compliance with all City codes and regulations.
10. The business must register for a Data Universal Number System (DUNS) identification number. (See attached)
11. The business must fill out a Form W -9 (Request for Taxpayer Identification Number and Certification) and submit
with the application. (See attached)
12. Funding is not transferable and other restrictions may apply.
NOTE: Any violation of the program guidelines will result in the businessperson promptly repaying the City any
amount paid pursuant to this agreement.
The business owner must complete an approved business development training workshop prior to the disbursement of rebate
funds. To sign up for an approved training workshop, please visit www.ocsbde.org or call (714) 564 -5200. Applicants will
not receive the grant if the training workshop has not been completed prior to the submittal of the application.
Please provide following information:
Name of Training Program (subject):
Name of Instructor who provided the Training:
Date(s) of Training: Total Hours:
Important: Please keep a copy of your workshop receipt to submit with the application.
Applicant Certification: I acknowledge and agree to the above eligibility requirements and certify that all information
provided herein is true and complete to the best of my knowledge. Verification will be provided, if requested.
Business Owner /Operator (Print of Type) Business Owner /Operator Signature
Date
Business Owner /Operator (Print of Type)
Date
Business Owner /Operator Signature
City of Santa Ana, Economic Development Division
20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -6987
29A -16
CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
REIMBURSEMENT CHECKLIST
Submission of all items included in the following checklist will ensure the timely processing of
your application and rebate check.
1. Complete and signed application with all the following requested materials:
• Small Business Incentive Application
• Copy of current City of Santa Ana business license
• Declaration of Income Form with Supporting Documentation (if qualifying by income
criteria)
• Copy of I -9 form, Driver's license or State Identification Card, Lease or rental agreement,
Utility bill, Landlord statement (if qualifying by target resident area)
• Duns Number Form
• Completed Receipt Form from the Orange County SBDC indicating the workshop taken.
• Copies of paid receipts totaling at least $5,000 of expenses you have invested in the start-
up of this business. Receipts are required to document all business start -up costs. Please
note that this is a one -time reimbursement for up to $5,000.
Eligible Use of Incentive Funds
The Santa Ana Small Business Incentive Program is designed to provide a $5,000 incentive to
start-up businesses to locate in Santa Ana and receive specialized business development training
in the process of receiving this grant.
This incentive will provide a rebate up to $5,000 for start up costs to businesses who qualify.
Start-up costs can be, but not limited to:
• City Business License Fee
• Signage
• Inventory Purchase
• Utility connections /reconnections (Sewer, Water, Telephone)
• Zoning Permit Fees
• Architectural/Design fees
• Shipping /Packaging Fees
• Advertising/Printing /Website Presence
• Accounting Services
• Purchase of equipment or furnishings
• Office Supplies
• Internet Connection
• Rent /Lease payments (1 month with copy of lease)
• Insurance Costs
• Business development training workshop fee
29A -17
• Other costs considered and approved by City staff that are associated with
the costs for starting up a new business.
All qualified reimbursements must be supported by paid receipts, detailed statements or
invoices clearly identifying the expense and how that expense supports the start -up of a
new business. Please make sure all eligible receipts for reimbursement are not combined with
other non program related expenditures.
The completed application should be sent to:
City of Santa Ana
Economic Development Division
Small Business Incentive Program
20 Civic Center Plaza, M -25,
Santa Ana, CA 92701
29A -18
CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
REIMBURSABLE RECEIPT FORM
Please list all reimbursable receipts below. City staff has the right to approve and/or deny
requests for reimbursements. Attach copies of your listed receipts to this form.
Reimbursable Receipts (Explanation) Total
1. $
2. $
5.
6.
7.
9. $
10. $
29A -19
Total: $
CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS INCENTIVE PROGRAM
DECLARATION OF INCOME
Applicant Name:
Income for:
A Declaration of Income should be filled out for the head of household and each working
member of the household.
Check only one box and complete only that section
❑ I certify, under penalty of perjury, that I currently receive the following income:
Income source: Amount: Frequency:
Income source: Amount: Frequency:
Income source: Amount: Frequency:
** Employment income should include the total income,
before taxes and deductions are taken out. Freauenev Key
Paid weekly: 52 times /year
Paid every other week (biweekly): 26 times /year
Total Monthly income: Paid twice a month (semimonthly): 24 times /year
Total Expected Annual income: Paid monthly: 12 times /year
Please attach any relevant documentation of this household member's income that you collected
such as bank statements, pay stubs and tax returns. Remember, one of these forms should be
filled out for the head of household and each working member of the household.
I certify, under penalty of perjury, that I have no other income or assets other than what I have
stated above.
Applicant Signature:
Date:
❑ I certify, under penalty of perjury, that I do not have any income from any source at this
time.
Applicant Signature:
Staff Verification
Staff Signature:
29A -20
Date:
Date:
0 CITY OF SANTA ANA
SANTA ANA SMALL BUSINESS GRANT PROGRAM
OBTAINING A DUNS NUMBER
The Federal government requires that all applicants for Federal grants and cooperative
agreements have a DUNS number. The Federal government will use the DUNS number to better
identify related organizations that are receiving funding under grants and cooperative
agreements, and to provide consistent name and address data for electronic grant application
systems.
Data Universal Number System (DUNS) Number
• The Data Universal Numbering System (DUNS) number is a unique nine -digit
identification number provided by Dun & Bradstreet (D &B).
• In order to provide on- the -spot DUNS number assignment, the requester should do this
by telephone. (See telephone number below.)
Obtaining a DUNS Number
• You should verify that you have a DUNS number or take the steps needed to obtain one
as soon as possible, if there is a possibility you will be applying for future city grants.
• If you already have a DUNS number. If you, as the business applying for the grant
obtained a DUNS number, please use that on the applications. It is not necessary to
request another.
• If you are not sure if you have a DUNS number. Call D &B using the toll -free number, 1-
866- 705 -5711 and indicate that you are a Federal grant applicant/prospective applicant.
D &B will tell you if you already have a number. If you do not have a DUNS number,
D &B will ask you to provide the information listed below and will immediately assign
you a number, free of charge.
• If you know you do not have a DUNS number. Call D &B using the toll -free number, 1-
866- 705 -5711 and indicate that you are a Federal grant applicant /prospective applicant.
D &B will ask you to provide the information listed below and will immediately assign
you a number, free of charge.
To Obtain Your DUNS Number
• Please call the dedicated toll -free DUNS Number request line for Federal grant and cooperative
agreement applicants or prospective grant applicants at: 1- 866 - 705 -5711
The number is staffed from 8 a.m. to 6 p.m. (local time of the caller when calling from within the
continental United States) Calls placed to the above number outside of those hours will receive a
recorded message requesting the caller to call back between the operating hours.
• The process to request a DUNS number takes about 5 -10 minutes.
• A DUNS number will be assigned at the conclusion of the call.
• You will need to provide the following information:
• Legal Name
• Headquarters name and address for your organization
1
29A -21
• Doing business as (DBA) or other name by which your organization is commonly
known or recognized
• Physical Address, City, State and Zip Code
• Mailing Address(is separate from Headquarters and /or physical address)
• Telephone Number
• Contact Name and Title
• Number of Employees at your physical location
29A -22
Form
w-9
Request for Taxpayer
Give Form to the
(Rev. August 2013)
Identification Number and Certification
requester. Do not
Department
of the Treasury
send to the IRS.
Internal
Revenue Service
Name (as shown on your income tax return)
N
Business name /disregarded entity name, if different from above
number to enter.
m
m
m
°-
c
Check appropriate box for federal tax classification:
Exemptions (see instructions):
❑ Individual /sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust /estate
N
p
Exempt payee code (if any)
❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) ►
Exemption from FATCA reporting
c m
code (If any)
0. 0
11
❑ Cther(see 1-
'u
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
v
a
City, state, and ZIP code
m
N
List account numbers) here (optional)
Tax aver Identification Number TIN
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
Social security number
avoid backup withholding. For individuals, this is your social security number However, for
re
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on n page 3. For other
m _
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
Employer Identification number
number to enter.
rT-1
L ] Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign Signature of
Here U.S. person 01 Date 11,
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W -9, at www.im.gov /w9. Information about any future developments
affecting Form W -9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer Identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage Interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W -9 only if you are a U.S. person (Including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be Issued),
2. Certify that you are not subject to backup withholding, or
S. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership Income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W -9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W -9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who Is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701 -7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners share of effectively connected taxable income from
such business. Further, in certain cases where a Form W -9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership income.
2Cat, p. 110 X— Form W-9 (Rev. 8 -2013)
Form W -9 (Rev. 8 -2013) Page 2
In the cases below, the following person must give Form W -9 to the partnership
for purposes of establishing Its U.S. status and avoiding withholding on its
allocable share of net Income from the partnership conducting a trade or business
In the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the
disregarded entity and not the entity,
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally,
the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a
grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank
that has elected to be treated as a U.S. person, do not use Form W -9. Instead, use
the appropriate Form W -8 or Form 8233 (see Publication 515, Withholding of Tax
on Nonresident Aliens and Foreign Entitles).
Nonresident alien who becomes a resident alien. Generally, only a nonresident
alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of Income. However, most tax treaties contain a provision known as
a "saving clause." Exceptions specified In the saving clause may permit an
exemption from tax to continue for certain types of income even after the payee
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained In the
saving clause of a tax treaty to claim an exemption from U.S. tax on certain types
of income, you must attach a statement to Form W -9 that specifies the following
five items:
1. The treaty country. Generally, this must be the same treaty under which you
claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving
clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty
article.
Example. Article 20 of the U.S. -China income tax treaty allows an exemption
from tax for scholarship Income received by a Chinese student temporarily present
in the United States. Under U.S. law, this student will become a resident alien for
tax purposes if his or her stay in the United States exceeds 5 calendar years.
However, paragraph 2 of the first Protocol to the U.S. -China treaty (dated April 30,
1984) allows the provisions of Article 20 to continue to apply even after the
Chinese student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2 of the first protocol) and is
relying on this exception to claim an exemption from tax on his or her scholarship
or fellowship income would attach to Form W -9 a statement that includes the
information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W -8 or Form 8233.
What Is backup withholding? Persons making certain payments to you must
under certain conditions withhold and pay to the IRS a percentage of such
payments. This is called "backup withholding." Payments that may be subject to
backup withholding include interest, tax - exempt interest, dividends, broker and
barter exchange transactions, rents, royalties, nonemployee pay, payments made
In settlement of payment card and third party network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withholding.
You will not be subject to backup withholding on payments you receive if you
give the requester your correct TIN, make the proper certifications, and report all
your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II instructions on page
3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did
not report all your interest and dividends on your tax return (for reportable interest
and dividends only), or
5. You do not certify to the requester that you are not subject to backup
withholding under 4 above (for reportable interest and dividend accounts opened
after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Form
W -9 for more information.
Also see Special rules for partnerships on page 1.
What is FATCA reporting? The Foreign Account Tax Compliance Act ( FATCA)
requires a participating foreign financial Institution to report all United States
account holders that are specified United States persons. Certain payees are
exempt from FATCA reporting. See Exemption from FATCA reporting code on
page 3 and the Instructions for the Requester of Form W -9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be
an exempt payee if you are no longer an exempt payee and anticipate receiving
reportable payments in the future from this person. For example, you may need to
provide updated information if you are a C corporation that elects to be an S
corporation, or if you no longer are tax exempt. In addition, you must furnish a new
Form W -9 If the name or TIN changes for the account, for example, If the grantor
of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are
subject to a penalty of $50 for each such failure unless your failure Is due to
reasonable cause and not to willful neglect.
Civil penalty for false Information with respect to withholding. If you make a
false statement with no reasonable basis that results in no backup withholding,
you are subject to a $500 penalty.
Criminal penalty for falsifying Information. Willfully falsifying certifications or
affirmations may subject you to criminal penalties including fines and /or
imprisonment.
Misuse of TINS. If the requester discloses or uses TINS in violation of federal law,
the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an Individual, you must generally enter the name shown on your income
tax return. However, if you have changed your last name, for instance, due to
marriage without informing the Social Security Administration of the name change,
enter your first name, the last name shown on your social security card, and your
new last name.
If the account is In joint names, list first, and then circle, the name of the person
or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income tax return
on the "Name" line. You may enter your business, trade, or "doing business as
IDEA)" name on the "Business name /disregarded entity name" line.
Partnership, C Corporation, or S Corporation. Enter the entity's name on the
"Name" line and any business, trade, or "doing business as (DBA) name" on the
"Business name /disregarded entity name" line.
Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as
an entity separate from its owner is treated as a "disregarded entity." See
Regulation section 301.7701- 2(c)(2)(iii). Enter the owner's name on the "Name"
line. The name of the entity entered on the "Name" line should never be a
disregarded entity. The name on the "Name" line must be the name shown on the
income tax return on which the income should be reported. For example, if a
foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes
has a single owner that is a U.S. person, the U.S. owner's name Is required to be
provided on the "Name" line. If the direct owner of the entity Is also a disregarded
entity, enter the first owner that is not disregarded for federal tax purposes. Enter
the disregarded entity's name on the "Business name /disregarded entity name"
line. If the owner of the disregarded entity is a foreign person, the owner must
complete an appropriate Form W -8 instead of a Form W -9. This is the case even if
the foreign person has a U.S. TIN.
Note. Check the appropriate box for the U.S. federal tax classification of the
person whose name is entered on the "Name" line (Individual /sole proprietor,
Partnership, C Corporation, S Corporation, Trust /estate).
Limited Liability Company (LLC). If the person identified on the "Name" line is an
LLC, check the "Limited liability company" box only and enter the appropriate
code for the U.S. federal tax classification in the space provided. If you are an LLC
that is treated as a partnership for U.S. federal tax purposes, enter "P" for
partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be
taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as
appropriate. If you are an LLC that Is disregarded as an entity separate from Its
owner under Regulation section 301.7701 -3 (except for employment and excise
tax), do not check the LLC box unless the owner of the LLC (required to be
Identified on the "Name" line) is another LLC that is not disregarded for U.S.
federal tax purposes. If the LLC is disregarded as an entity separate from its
owner, enter the appropriate tax classification of the owner identified on the
"Name" line.
Other entities. Enter your business name as shown on required U.S. federal tax
documents on the "Name" line. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any business,
trade, or DBA name on the "Business name /disregarded entity name" line.
Exemptions
If you are exempt from backup withholding and /or FATCA reporting, enter In the
Exemptions box, any code(s) that may apply to you. See Exempt payee code and
Exemption from FATCA reporting code on page 3.
29A -24
Form W -9 (Rev. 8 -2013)
Exempt payee code. Generally, individuals (including sole proprietors) are not
exempt from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as interest and dividends. Corporations are
not exempt from backup withholding for payments made in settlement of payment
card or third party network transactions.
Note. If you are exempt from backup withholding, you should still complete this
form to avoid possible erroneous backup withholding.
The following codes Identify payees that are exempt from backup withholding:
1 —An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) If the account satisfies the requirements
of section 401(f)(2)
2 —The United States or any of its agencies or instrumentalities
3 —A state, the District of Columbia, a possession of the United States, or any of
their political subdivisions or instrumentalities
4 —A foreign government or any of its political subdivisions, agencies, or
instrumentalities
5 —A corporation
6 —A dealer in securities or commodities required to register in the United
States, the District of Columbia, or a possession of the United States
7 —A futures commission merchant registered with the Commodity Futures
Trading Commission
8 —A real estate investment trust
9 —An entity registered at all times during the tax year under the Investment
Company Act of 1940
10 —A common trust fund operated by a bank under section 584(a)
11 —A financial institution
12 —A middleman known In the investment community as a nominee or
custodian
13 —A trust exempt from tax under section 664 or described in section 4947
The following chart shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for...
THEN the payment is exempt for...
Interest and dividend payments
All exempt payees except
for 7
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees 1 through 4
patronage dividends
Payments over $600 required to be
Generally, exempt payees
reported and direct sales over $5,0001
1 through 52
Payments made in settlement of
Exempt payees 1 through 4
payment card or third party network
transactions
r See Form 1099 -MISC, Miscellaneous Income, and its instructions.
z However, the following payments made to a corporation and reportable on Form
1099 -MISC are not exempt from backup withholding: medical and health care
payments, attorneys' fees, gross proceeds paid to an attorney, and payments for
services paid by a federal executive agency.
Exemption From FATCA reporting code. The following codes identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained outside of the United States by
certain foreign financial Institutions. Therefore, if you are only submitting this form
for an account you hold in the United States, you may leave this field blank.
Consult with the person requesting this form If you are uncertain if the financial
institution Is subject to these requirements.
A —An organization exempt from tax under section 501(a) or any individual
retirement plan as defined in section 7701(a)(37)
B —The United States or any of Its agencies or instrumentalities
C —A state, the District of Columbia, a possession of the United States, or any
of their political subdivisions or Instrumentalities
D —A corporation the stock of which Is regularly traded on one or more
established securities markets, as described In Reg. section 1.1472-1 (c)(1)(1)
E —A corporation that is a member of the same expanded affiliated group as a
corporation described in Reg. section 1.1472-1 (c)(1)(1)
F —A dealer in securities, commodities, or derivative financial instruments
(Including notional principal contracts, futures, forwards, and options) that is
registered as such under the laws of the United States or any state
Page 3
G —A real estate investment trust
H —A regulated investment company as defined in section 851 or an entity
registered at all times during the tax year under the Investment Company Act of
1940
I —A common trust fund as defined in section 584(a)
J —A bank as defined in section 581
K —A broker
L —A trust exempt from tax under section 864 or described in section 4947(a)(1)
M —A tax exempt trust under a section 403(b) plan or section 457(g) plan
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not
have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer
Identification number (ITIN). Enter it in the social security number box. If you do not
have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN
or EIN. However, the IRS prefers that you use your SSN.
If you are a single- member LLC that is disregarded as an entity separate from its
owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or
EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC is
classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply
for an SSN, get Form SS -5, Application for a Social Security Card, from your local
Social Security Administration office or get this form online at www.ssa.gov. You
may also get this form by calling 1 -800- 772 -1213. Use Form W -7, Application for
IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4,
Application for Employer Identification Number, to apply for an EIN. You can apply
for an EIN online by accessing the IRS website at www.1m.gov /businesses and
clicking on Employer Identification Number (EIN) under Starting a Business. You
can get Forms W -7 and SS -4 from the IRS by visiting IRS.gov or by calling 1-800 -
TAX -FORM (1 -800- 829 - 3676).
If you are asked to complete Form W -9 but do not have a TIN, apply for a TIN
and write "Applied For" in the space for the TIN, sign and date the form, and give it
to the requester. For interest and dividend payments, and certain payments made
with respect to readily tradable instruments, generally you will have 60 days to get
a TIN and give it to the requester before you are subject to backup withholding on
payments. The 60 -day rule does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you provide your TIN to
the requester.
Note. Entering "Applied For" means that you have already applied for a TIN or that
you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the
appropriate Form W -8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien,
sign Form W -9. You may be requested to sign by the withholding agent even if
items 1, 4, or 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign
(when required(. In the case of a disregarded entity, the person identified on the
"Name" line must sign. Exempt payees, see Exempt payee code earlier.
Signature requirements. Complete the certification as indicated in items i
through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984
and broker accounts considered active during 1983. You must give your
correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after
1983 and broker accounts considered inactive during 1983. You must sign the
certification or backup withholding will apply. If you are subject to backup
withholding and you are merely providing your correct TIN to the requester, you
must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out
item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign
the certification unless you have been notified that you have previously given an
incorrect TIN. "Other payments" include payments made in the course of the
requester's trade or business for rents, royalties, goods (other than bills for
merchandise), medical and health care services (including payments to
corporations), payments to a nonemployee for services, payments made in
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualified tuition program payments (under
section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
29A -25
Form W-9 (Rev. 8-2013)
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
The Individual
2. Two or more individuals (joint
The actual owner of the account or,
account)
if combined funds, the first
individual on the account'
3. Custodian account of a minor
The minor'
(Uniform Gift to Minors Act)
4. a. The usual revocable savings
The grantor- trustee
trust (grantor is also trustee)
b. So- called trust account that is
The actual owner
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded
The owner'
entity owned by an individual
6. Grantor trust filing under Optional
The grantor`
Form 1099 Filing Method 1 (see
Regulation section 1.671- 4(b)(2)(1)(A))
For this type of account:
Give name and BIN of:
7. Disregarded entity not owned by an
The owner
individual
8. A valid trust, estate, or pension trust
Legal entity'
9. Corporation or LLC electing
The corporation
corporate status on Form 8832 or
Form 2553
10. Association, club, religious,
The organization
charitable, educational, or other
tax - exempt organization
11. Partnership or multi- member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. Account with the Department of
The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
14. Grantor trust filing under the Form
The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.671- 4(b)(2)(l)(B))
' List first and circle the name of the person whose number you furnish. If only one person on a
joint account has an SSN, that person's number must be furnished.
' Circle the minor's name and furnish the minor's SSN.
You must show your individual name and you may also enter your business or "DBA" name on
the "Business name /disregarded entity" name line. You may use either your SSN or ON (If you
have one), but the IRS encourages you to use your SSN.
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity itself Is not designated in the account
title.) Aso see Speclel rules for partnerships on page 1.
"Nate. Grantor also must provide a Form W -9 to trustee of trust
Note. If no name Is circled when more than one name Is listed, the number will be
considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your
name, social security number (SSN), or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use your SSN to
get a lob or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by Identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice or letter.
If your tax records are not currently affected by identity theft but you think you
are at risk due to a lost or stolen puree or wallet, questionable credit card activity
or credit report, contact the IRS Identity Theft Hotline at 1- 800 - 908 -4490 or submit
Form 14039.
For more information, see Publication 4535, Identity Theft Prevention and Victim
Assistance.
Victims of identity theft who are experiencing economic harm or a system
problem, or are seeking help in resolving tax problems that have not been resolved
through normal channels, may be eligible for Taxpayer Advocate Service (TAB)
assistance. You can reach TAB by calling the TAB toll -free case intake line at
1- 877 - 777 -4778 or TTY/TDD 1- 800 -829 -4059.
Protect yourself from suspicious smalls or phlshing schemes. Finishing Is the
creation and use of email and websites designed to mimic legitimate business
smalls and websites. The most common act is sending an email to a user falsely
claiming to be an established legitimate enterprise in an attempt to scam the user
Into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does
not request personal detailed information through small or ask taxpayers for the
PIN numbers, passwords, or similar secret access information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this
message to phishing @irs.gov. You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tax Administration at
1 -800- 366 -4484. You can forward suspicious smalls to the Federal Trade
Commission at: spam @uce.gov or contact them at www.ftc.gov /ldtheff or 1-877-
IDTHEFT (1 -877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce your risk
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with
the IRS to report interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation
of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS,
reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District
of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The information also may be disclosed to other countries under a treaty, to
federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN
whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other
payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
29A -26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
CONDITIONAL USE PERMIT NO. 2013 -39 TO
ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 1441 WEST MACARTHUR
BOULEVARD, UNIT D - MICHAEL CHO,
APPLICANT
CITY MANAGEIV
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 5I Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2013 -39 as conditioned.
PLANNING COMMISSION ACTION
On November 12, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2013 -39 as conditioned and issued a Public Convenience and Necessity (PCN)
Letter due to overconcentration by a vote of 6:0 (Yrarrazaval absent) which approved a Type 20
Alcoholic Beverage Control license in order to sell beer and wine for off - premise consumption at
the 7- Eleven Store located at 1441 West MacArthur Boulevard, Unit D located in the General
Commercial (C2) zoning district. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
This action allows for the sale of beer and wine at an existing 7- Eleven convenience store.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J revino
Executive Director
Planning & Building Agency
AP: rb
ap \reports \CUP13 -39 7— Eleven Type 20 ABC PC Approval .w
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 12, 2013
TITLE:
PUBLIC HEARING — FILED BY MICHAEL CHO
FOR CONDITIONAL USE PERMIT NO. 2013-39
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 1441 WEST MACARTHUR
BOULEVARD, UNIT D
Prepared by Ali Pezeshkpour
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
6`'°— Planning Manager —
1. Planning Commission recommends adopting a resolution approving Conditional Use Permit
No. 2013 -39 as conditioned.
2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter
due to overconcentration.
Request of Applicant
Michael Cho, on behalf of 7- Eleven Stores, Inc., is requesting approval of a CUP for a Type 20 ABC
license for the off - premise sale of beer and wine at 1441 West MacArthur Boulevard, Unit D.
Establishments that sell alcoholic beverages require a conditional use permit pursuant to the Santa
Ana Municipal Code (SAMC).
This application is among the last to be processed under the previous regulations pertaining to off -
sale ABC licenses. The application was received prior to September 4, 2013, which was the date
Ordinance No. NS -2847 took effect. This ordinance amended Chapters 11 and 41 of the SAMC
related to off -sale premises, including: reducing the size threshold of markets subject to
overconcentration criteria from 20,000 to 10,000 square feet; eliminating size thresholds when
analyzing off -sale licenses within 1,000 feet of another off -sale licensed premises; and codifying
overconcentration criteria. The analysis and findings provided in this report reflect the provisions of
the previous Code.
Proiect Location and Site Description
7- Eleven currently operates a retail market within an existing tenant suite in the small commercial
center at the northeast comer of MacArthur Boulevard and Plaza Drive. The tenant suite is 2,502
square feet in size. The entire center, remodeled and expanded in 2010, has 117 parking spaces.
EXHIBIT A
31A-3
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 2
The site is surrounded by commercial uses to the east and south, and residential uses to the north and
west (Exhibits 1, 2 and 3).
Project Description
7- Eleven, Inc. operates multiple convenience store locations in Santa Ana; the location that is the
subject of this application has been in operation since October 2012. The establishment proposes to
obtain a Type 20 off - premise general license for the sale of beer and wine to the public. 7- Eleven
currently operates 24 hours per day, seven days per week.
The applicant seeks to display and store alcohol on a store shelf, a cold -case display, and rear storage
area. The store shelf and cold -case displays containing the alcohol are proposed to be towards the
rear of the store. The total display and storage area of 48.5 square feet represents less than five
percent of the store's gross floor area (Exhibits 4 and 5).
Project Backaround
7- Eleven Stores, Inc. is a globally- recognized convenience store chain. The company operates 13
stores in Santa Ana. The location that is the subject of this application is 2,502 square feet in size,
while most 7- Eleven stores range in size from 2,400 to 3,000 square feet. These stores offer a full
range of items typically found at a convenience store, as well as a large prepared food and
beverage section. Most 7- Eleven locations in Santa Ana are found along the city's major
thoroughfares, including this location on MacArthur Boulevard, and all locations except the subject
premises are licensed for the off - premise sale of beer and wine.
In 2012, 7- Eleven submitted applications for an ABC license and for after -hours operations at the
current location. On May 22, 2012, the Zoning Administrator denied CUP No. 2012 -07 to allow a
Type 20 ABC license for the off - premise sale of beer and wine due to the subject site's meeting City
and State overconcentration criteria. On June 11, 2012, the Planning Commission approved CUP
No. 2012 -08, allowing after -hours operations but confirmed the Zoning Administrator's denial of the
CUP for alcohol sales. The current application, CUP No. 2013 -39, is the second attempt by the
applicant to allow a Type 20 ABC license at this store.
On October 28, 2013, the Planning Commission held a public hearing to deny Conditional Use
Permit (CUP) No. 2013 -39. After receiving public testimony and new facts about the project, the
Planning Commission continued the item and requested that staff prepare findings of fact to warrant
approval of the conditional use permit, along with conditions of approval for the proposed off -sale
Type 20 Alcoholic Beverage Control (ABC) license for beer and wine.
31A-4
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 3
General Plan and Zoning Consistenc
The parcel is located within the General Commercial (C -2) zoning district. C -2 zones allow for retail
and service uses such as 7- Eleven stores, making the proposed use consistent with the zoning
code.
The General Plan land use designation for the site is General Commercial (GC). Such land use
designations are designed to provide retail - oriented uses along the City's commercial corridors, and to
accommodate major development activity. The project site is consistent with this General Plan land
use designation.
Project Analysis
Conditional use permit requests 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 had prepared
an analysis, which, in turn formed the basis for the previous recommendation of denial. This analysis
took into account that the proposed project met two of three of the City's definitions for
overconcentration: that the project site is located within 1,000 feet of another off -sale license, and that
the project site is in a census tract determined to be over concentrated by the State as defined in
Business and Professions Code Section 23958.4. After hearing staffs presentation on October 28,
2013, the Planning Commission received new information from the applicants and residents of the
surrounding community. This information, detailed on the following page, focused on the site, physical
attributes, nature, and location of the premises.
31A-5
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 4
Planning Commission Findings
Although additional testimony was given during the public hearing attesting to the business operator's
good character, record of success running other stores, and the management practices of 7- Eleven,
this evidence was not considered in the findings of fact that form the basis for the Planning
Commission's recommendation due to the fact that any waiver of the separation requirements must be
based on the physical characteristics of the site and not the business operator. Conditional use permits
run with the land and no subsequent approval is required, should the business operator change in the
future. This action will allow for any type of small liquor store to operate at this location unless such
CUP is revoked.
Map 1, below, and Table 1 on the following page depict the project site and its physical
characteristics as it relates to other off -sale licenses in the immediate vicinity and which detail those
premises.
Map 1: Licenses within 1,000 Feet of the Subject Property
31A-6
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 5
Table 1: Licenses within 1,000 Feet of the Subject Property
Type 20 — beer and wine for consumption off -site
Type 21 — beer, wine and distilled spirits for consumption off -site
At its October 28, 2013 hearing, the Planning Commission received additional information regarding
the site and its unique characteristics and directed staff to prepare findings of fact to support approval
of the project. These findings are as follows:
• The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and
convenience to the community by allowing patrons the ability to purchase alcoholic beverages in
conjunction with other goods commonly offered at a neighborhood- serving market. Approving an
off -sale ABC license at this location allows the market to serve the surrounding communities to
the north, west, and south. These areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail markets in the area with off -sale
licenses. These thoroughfares act as major barriers to pedestrian and local traffic movements in
the project's vicinity. Moreover, the ABC license will not negatively affect the surrounding
community as conditions of approval have been included to reduce potential impacts and avoid
the potential for an attractive nuisance being established.
• The proposed ABC license will not be detrimental to persons residing and working in the area.
The use, as conditioned, will not create any negative or adverse impacts but will enhance quality
of life and safety by offering services oriented to motorists and to the pedestrians who frequent
the site from the surrounding multi - family residential communities in the immediate vicinity. An
additional off -sale license at this location will enhance the quality of life and public safety of these
population groups by offering a shopping destination that is oriented to pedestrian and local
traffic, without the need to traverse major nearby thoroughfares to access the other off -sale
licensed markets in the vicinity. Conditions of approval have been added to ensure that the
project will remain a positive contributor to the surrounding neighborhood and that the site will
not become an attractive nuisance. Finally, the current location does not have a history of
police - related incidents. The site is located in a reporting district that is not 20 percent higher
than the average number of reported crimes in all reporting districts. Further details are provided
in the Police Department Analysis section of this report.
31A-7
Applicant
Location
Type
Hours
Distance (Based on
Property Boundaries
1
Smart and Final
3430 South Bristol
Type
21
6 a.m.
to 10 p.m.
89 feet
2
Big Lots
3321 South Bristol
Type
20
9 a.m.
to 9 p.m.
604 feet
3
Rite Aid
3325 South Bristol
Type
21
7 a.m.
to 10 p.m.
604 feet
4
Trader Joe's
3329 South Bristol
Type
21
8 a.m.
to 9 p.m.
541 feet
5
Crai Liquor
1200 West MacArthur
Type
21
7 a.m.
to 2 a.m.
714 feet
6
Vons
3650 South Bristol
T
e 21
5 a.m.
to 2 a.m.
114 feet
Type 20 — beer and wine for consumption off -site
Type 21 — beer, wine and distilled spirits for consumption off -site
At its October 28, 2013 hearing, the Planning Commission received additional information regarding
the site and its unique characteristics and directed staff to prepare findings of fact to support approval
of the project. These findings are as follows:
• The proposed Alcoholic Beverage Control (ABC) license will provide an additional service and
convenience to the community by allowing patrons the ability to purchase alcoholic beverages in
conjunction with other goods commonly offered at a neighborhood- serving market. Approving an
off -sale ABC license at this location allows the market to serve the surrounding communities to
the north, west, and south. These areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail markets in the area with off -sale
licenses. These thoroughfares act as major barriers to pedestrian and local traffic movements in
the project's vicinity. Moreover, the ABC license will not negatively affect the surrounding
community as conditions of approval have been included to reduce potential impacts and avoid
the potential for an attractive nuisance being established.
• The proposed ABC license will not be detrimental to persons residing and working in the area.
The use, as conditioned, will not create any negative or adverse impacts but will enhance quality
of life and safety by offering services oriented to motorists and to the pedestrians who frequent
the site from the surrounding multi - family residential communities in the immediate vicinity. An
additional off -sale license at this location will enhance the quality of life and public safety of these
population groups by offering a shopping destination that is oriented to pedestrian and local
traffic, without the need to traverse major nearby thoroughfares to access the other off -sale
licensed markets in the vicinity. Conditions of approval have been added to ensure that the
project will remain a positive contributor to the surrounding neighborhood and that the site will
not become an attractive nuisance. Finally, the current location does not have a history of
police - related incidents. The site is located in a reporting district that is not 20 percent higher
than the average number of reported crimes in all reporting districts. Further details are provided
in the Police Department Analysis section of this report.
31A-7
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 6
• The approval of an ABC license for the establishment at this location will positively influence the
present and future economic stability of the property by further diversifying the products and
services offered within the store and area in general. 7- Eleven is among the primary anchor
tenants of the shopping center in which it operates; its success assists in the leasing of other
tenant spaces on the project site. The off -sale license will allow the market to remain
competitive with similar uses in the area which offer alcoholic beverage sales as part of their
normal retail operations, while offering the convenience of a smaller market setting to the
residents and commuters in the immediate vicinity. Further, conditions of approval will ensure
that the sale of alcohol at the location will not be the primary business activity, but rather an
added convenience offered to its clientele.
• The proposed alcohol license will be in compliance with all applicable conditions of Chapter 41 of
the Santa Ana Municipal Code for an off - premise liquor license. Separation criteria will be waived
for the project location. However, waiving these criteria will not be detrimental to the surrounding
community because the location serves pedestrian and local traffic due to the physical
characteristics of the location itself, the overall commercial center site, and the nature of its
business operations. Conditions of approval have been added to ensure the project remains in
compliance with all applicable codes and regulations related to alcohol sales to ensure that the use
does not impact neighboring properties or create an attractive nuisance.
• The proposed project will not adversely affect the General Plan. Retail establishments and
regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the
General Commercial (GC) General Plan land use designation. The project is consistent with
Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that
enhance the City's economic and fiscal viability and that mitigate any potential impacts.
Specifically, the project supports the following policies in the Land Use Element:
1. Policy 2.2, providing adequate amounts of goods or services for the City through a local market
whose clientele lies in its immediate vicinity;
2. Policy 2.4, supporting pedestrian access between the current market and surrounding
residential communities in close proximity;
3. Policy 2.10, supporting a neighborhood- serving market that is harmonious in scale and
character with the existing development in the area;
4. Policy 5.1, promoting development with community benefits that enhances quality of life by
allowing residents in the immediate vicinity to shop at a market with a full range of goods,
including beer and wine; and
5. Policy 5.2, protecting the community from incompatible land uses through conditions of
approval that will protect the surrounding community from potential adverse impacts or from the
market developing into an attractive nuisance.
31A-8
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 7
Despite the fact that the site meets two of three City overconcentration criteria, the Planning
Commission received new information and directed staff to create findings of fact to support the
applicant's request. Moreover, conditions have been placed on the sale of alcoholic beverages to
maintain the health and safety of the surrounding community. Based on these criteria, as well as the
projects compatibility with several polices of the General Plan, the Planning Commission recommends
approval of Conditional Use Permit No. 2013 -39.
Letter of Public Convenience and Necessity
Due to the Planning Commission's recommendation of approval, the issuance of a Public
Convenience and Necessity (PCN) letter is required for this application. A PCN letter is required per
Business and Professions Code Section 23958.4 due to the overconcentration of off -sale ABC
licenses in the census tract in which the applicant's premises are located. The PCN letter will state
that despite the fact that the number of off -sale retail licenses in the census tracts exceeds the
resident population to off -sale licenses ratio in the vicinity, the issuance of an additional off -sale ABC
license at this location is necessary to serve the public convenience and is necessary in the area.
The Planning Commission requested that staff prepare the PCN letter based on the testimony and
new information received at the October 28, 2013 public hearing.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated
with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the
Police Department analyzes the crime rate in the area using the standards and definitions contained
in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State
Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal
homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,
combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations.
The Police Department then compares the number of such crimes in the reporting district as
compared to the number of crimes in other reporting districts. In keeping with the standard used by
State ABC and Business and Professions Code Section 23948.4(a)(1), should the Police
Department determine that the reporting district has a 20 percent greater number of reported crimes
than the average number found in all reporting districts, the Police Department will consider this
information in making its recommendation, which could result in a recommendation of denial.
The project at 1441 West MacArthur Boulevard, Unit D is located in Reporting District No. 130. This
reporting district is not 20 percent higher than the average number of reported crimes in all reporting
districts. The Police Department in most circumstances recommends denial of similar applications
such as CUP No. 2013 -39 based on an overconcentration of similar licenses in the area and the
31A-9
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 8
close proximity to multi - family residences because the approval of an additional off -sale outlet could
aggravate existing conditions in the area and negatively impact the community. The Police
Department recommended denial based on overconcentration, but the Planning Commission, based
on additional information garnered during the public hearing on October 28, recommended approval.
Public Notification
The project site is not located within an established Neighborhood Association boundary. However,
the presidents of the nearby South Coast and Republic Homes neighborhood associations were
notified by mail 10 days prior to this public hearing. In addition, the district representative from the
City's Neighborhood Improvement Division contacted the presidents to ensure that the presidents
were notified of the project and to see if there were any areas of concern. The project site itself was
posted with a notice advertising this public hearing, a notice was published in the Orange County
Reporter and mailed notices were sent to all property owners within 500 feet of the project site.
Just before the October 28, 2013 Planning Commission hearing, staff received correspondence
from nearby residents, the applicants and corporate representatives, and from the manager of a
nearby residential community. Most correspondence was in favor of the proposed project; however,
the manager of a nearby residential community expressed opposition to the project. Since the
October 28 meeting, and at the time of this printing, no correspondence, either written or electronic,
has been received from any members of the public.
CEQA Compliance
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 licensing of existing facilities with
no expansion of the existing use. Categorical Exemption Environmental Review No. 2013 -71 will be
filed for this project.
Conclusion
Overconcentration criteria were established by the City Council to maintain a balance between the sale
of alcoholic beverages and the health and safety of the surrounding community. Following staffs
recommendation for denial at the October 28 Planning Commission hearing, new information was
presented that subsequently led the Planning Commission to direct staff to create findings of fact to
warrant approval of the project. These findings concern the unique circumstances surrounding the
project's location, attributes, and operations. The Planning Commission found this evidence sufficient
31A -10
Conditional Use Permit No. 2013 -39
November 12, 2013
Page 9
to justify a waiver from the separation requirements and overconcentration criteria. Based on this
evidence and new findings, the project's compatibility with several polices of the General Plan, and the
analysis provided within this report, the Planning Commission recommends adopting a resolution
approving Conditional Use Permit No. 2013 -39 as conditioned.
Ali Pezeshkpour
Assistant Planner I
AP:jm
aptreportMCUP13 -39 7- Eleven Type 20 ABC PC Approval.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Zoning Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31A-1 1
Vince Fregoso, AICP
Principal Planner
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31A -13
CUP 2013 -39
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ROH — 11 /12/13
RESOLUTION NO. 2013 -22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2013 -39 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 1441 WEST MACARTHUR BOULEVARD,
UNIT D
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. 2013 -39
for a Type 20 Alcoholic Beverage Control license, which allows the sale of
beer and wine for off - premise consumption, for the property located at 1441
West MacArthur Boulevard, Unit D.
B. Conditional Use Permit No. 2013 -39 came before the Planning Commission
of the City of Santa Ana for a duly noticed public hearing on October 28,
2013. At that time, the matter was continued by the Planning Commission to
November 12, 2013, in order to take an action different than the staff
recommendation.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
D. The Planning Commission determines that the following findings, which
must be established in order to grant a Conditional Use Permit pursuant to
Santa Ana Municipal Code Section 41 -638, have been established:
Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or community?
The proposed Alcoholic Beverage Control (ABC) license will
provide an additional service and convenience to the
community by allowing patrons the ability to purchase
alcoholic beverages in conjunction with other goods commonly
offered at a neighborhood - serving market. Approving an off -
sale ABC license at this location allows the market to serve the
surrounding communities to the north, west, and south. These
areas are physically separated by major thoroughfares such
as Bristol Street and MacArthur Boulevard from other retail
Resolution No. 2013 -22
Page 1 of 9
31A -17
markets in the area with off -sale licenses. These
thoroughfares act as major barriers to pedestrian and local
traffic movements in the project's vicinity. Moreover, the ABC
license will not negatively affect the surrounding community as
conditions of approval have been included to reduce potential
impacts and avoid the potential for an attractive nuisance
being established.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed ABC license will not be detrimental to persons
residing and working in the area. The use, as conditioned, will
not create any negative or adverse impacts but will enhance
quality of life and safety by offering services oriented to
motorists and to the pedestrians who frequent the site from the
surrounding multi - family residential communities in the
immediate vicinity. An additional off -sale license at this
location will enhance the quality of life and public safety of
these population groups by offering a shopping destination
that is oriented to pedestrian and local traffic, without the need
to traverse major nearby thoroughfares to access the other off -
sale licensed markets in the vicinity. Conditions of approval
have been added to ensure that the project will remain a
positive contributor to the surrounding neighborhood and that
the site will not become an attractive nuisance. Finally, the
current location does not have a history of police - related
incidents. The site is located in a reporting district that is not 20
percent higher than the average number of reported crimes in
all reporting districts. Further details are provided in the Police
Department Analysis section of this report.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The approval of an ABC license for the establishment at this
location will positively influence the present and future
economic stability of the property by further diversifying the
products and services offered within the store and area in
general. 7- Eleven is among the primary anchor tenants of the
shopping center in which it operates; its success assists in the
leasing of other tenant spaces on the project site. The off -sale
license will allow the market to remain competitive with similar
uses in the area which offer alcoholic beverage sales as part
of their normal retail operations, while offering the convenience
of a smaller market setting to the residents and commuters in
Resolution No. 2013 -22
Page 2 of 9
31A -18
the immediate vicinity. Further, conditions of approval will
ensure that the sale of alcohol at the location will not be the
primary business activity, but rather an added convenience
offered to its clientele
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the S.A.M.C. for such use?
The proposed alcohol license will be in compliance with all
applicable conditions of Chapter 41 of the Santa Ana
Municipal Code for an off - premise liquor license. Separation
criteria will be waived for the project location. However,
waiving these criteria will not be detrimental to the
surrounding community because the location serves
pedestrian and local traffic due to the physical characteristics
of the location itself, the overall commercial center site, and
the nature of its business operations. Conditions of approval
have been added to ensure the project remains in
compliance with all applicable codes and regulations related
to alcohol sales to ensure that the use does not impact
neighboring properties or create an attractive nuisance.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed project will not adversely affect the General
Plan. Retail establishments and regulated uses such as
Alcoholic Beverage Control (ABC) licenses are permitted
within the General Commercial (GC) General Plan land use
designation. The project is consistent with Goals 2 and 5 of
the Land Use Element of the City's General Plan which
promote land uses that enhance the City's economic and fiscal
viability and that mitigate any potential impacts. Specifically,
the project supports the following policies in the Land Use
Element:
1. Policy 2.2, providing adequate amounts of goods or
services for the City through a local market whose
clientele lies in its immediate vicinity;
2. Policy 2.4, supporting pedestrian access between the
current market and surrounding residential
communities in close proximity;
3. Policy 2.10, supporting a neighborhood- serving market
that is harmonious in scale and character with the
existing development in the area;
Resolution No. 2013 -22
Page 3 of 9
31A -19
4. Policy 5.1, promoting development with community
benefits that enhances quality of life by allowing
residents in the immediate vicinity to shop at a market
with a full range of goods, including beer and wine; and
5. Policy 5.2, protecting the community from incompatible
land uses through conditions of approval that will
protect the surrounding community from potential
adverse impacts or from the market developing into an
attractive nuisance.
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 licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental
Review No. 2013 -71 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby approves
Conditional Use Permit No. 2013 -39 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
said hearing, which includes, but is not limited to: the Request for Planning Commission
Action dated October 28, 2013, and exhibits attached thereto; the Request for Planning
Commission Action dated November 12, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 12th day of November , 2013.
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Yrarrazaval (1)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
Resolution No. 2013 -22
Page 4 of 9
31A-20
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -22 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on November 12. 2013 .
Date:
Secretary of the Planning Commission
City of Santa Ana
31A-21
Resolution No. 2013 -22
Page 5 of 9
Conditions for Conditional Use Permit No. 2013 -39
Conditional Use Permit No. 2013 -39 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below 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.
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
2. The applicant shall be responsible for maintaining free of litter the area adjacent to
the premises over which he has control.
3. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, promoting or indicating the availability of
alcoholic beverages on the premises.
4. There shall be no coin - operated games maintained on the premises at any time.
5. All public telephones shall be located on the interior of the premises.
6. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the applicant shall be removed or painted over within 24 hours of
being applied.
The applicant shall post a placard prohibiting loitering, pursuant to California Penal
Code ( "CPC ") section 602, on the exterior of the premises.
8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied
with at all times that the premises are in operation.
9. The applicant shall at all times utilize an age verification device for all purchases of
alcoholic beverages.
10. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items; handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
Exhibit A
Resolution No. 2013 -22
Page 6 of 9
31A-22
NOVEMBER 12, 2013
PAGE 2OF3
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age /checking identification of
patrons; calling the police regarding observed or reported criminal activity.
11. If there is a marked or noticeable increase in the number of police - related incidents
on or near the premises, as such increase may be determined by the Chief of
Police, the applicant may be required to provide state - licensed, uniformed security
guards at a number determined by the Chief of Police.
12. All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages. The California Department of Alcoholic
Beverage Control must approve said training program. Records of each
employee's successful completion of the certified training program required by this
section shall be maintained on the premises of the alcoholic beverage outlet and
shall be presented upon request by a representative of the City of Santa Ana.
13. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers, but must be sold in pre - packaged multi -unit quantities.
14. The sales of alcoholic beverages shall be permitted only between the hours of
7:00 a.m. and 2:00 a.m. each day of the week unless otherwise modified by the
granting of an after -hours Conditional Use Permit.
15. Existing building and required parking must conform to the provisions of Chapter 8,
Article II, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). These code conditions will require that the existing project lighting,
door /window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
17. Window displays must be kept to a minimum for maximum visibility and shall not
exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
19. A timed - access cash controller or drop safe must be installed.
Resolution No. 2013 -22
Page 7 of 9
31A-23
NOVEMBER 12, 2013
PAGE 3 OF 3
20. A silent armed robbery alarm must be installed and operable at all times
21. Clearly distinguishable height markers shall be installed on the inside doorjamb of
all doors used by the public to access the store. Horizontal marks, one -inch wide
by three inch long, in different colors, and in a contrasting color to the background,
shall be placed every six inches beginning at Sand ending at 66 ".
22. No person under the age of 21 shall sell or deliver alcoholic beverages.
23. Provide a Closed Circuit Television System approved by the Police Department
and capable of viewing and recording events inside and outside the premises
including the parking areas with a resolution which will clearly identify individuals
for later identification as follows:
a) A minimum of one color camera at each cash register that views the front of
a customer, from the waist to the top of the head.
b) A minimum of one color camera that views the full length side of a customer
at the cash register area.
c) A color camera recorder capable of recording events on all cameras
simultaneously.
d) A tape or disc storage library of recorded cameras kept for a minimum of 60
days.
e) If video tape is used, tapes cannot be taped over more than six times.
f) An audio recording component that will record sounds occurring at the
customer counter.
g) An Internet Protocol (IP) -based system is required.
24. It shall be the operator's responsibility to submit a shopping cart containment plan
pursuant to SAMC Section 33.210.
25. The operator shall be responsible for obtaining all necessary permits for building
tenant and freestanding signs. This shall include any window signs and temporary
banners.
Resolution No. 2013 -22
Page 8 of 9
31A-24
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd
floor, Santa Ana, California 92702.
On [date], I served the foregoing document described as: Resolution No. 2013 -22
(Conditional Use Permit No. 2013 -391 in this action by placing a true copy there-7-
enc ose m seal (I envelopes follows:
[insert the following here
Addressee
Address]
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2013 -22
Page 9 of 9
31A-25
31A-26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
2, 2013
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
CONDITIONAL USE PERMIT NO. 2013 -40 TO ❑ As Recommended
❑
As Amended
ALLOW A TYPE 20 ALCOHOLIC BEVERAGE ❑ ordinance on n Reading
El 2
Ordinance on ntl Reading
CONTROL LICENSE FOR A 7- ELEVEN STORE ❑ Implementing Resolution
LOCATED AT 2112 SOUTH MAIN STREET - ❑ Set Public Hearing For
RALPH DEPPISCH, APPLICANT
CONTINUED TO
FILE NUMBER
CITY
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No. 2013 -40 as conditioned.
PLANNING COMMISSION ACTION
On November 12, 2013, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2013 -40 as conditioned and issued a Public Convenience and Necessity (PCN)
Letter due to crime rate in the area by a vote of 6:0 (Yrarrazaval absent) which approved a Type
20 Alcoholic Beverage Control license in order to sell beer and wine for off - premise consumption
at the 7- Eleven Store located at 2112 South Main Street located in the Commercial South Main
(CSM) zoning district. The Planning Commission made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
This action allows for the sale of beer and wine at a new 7- Eleven convenience store.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja . Trevino
Executive Director
Planning & Building Agency
VF: rb
vflreports \CUP \CUP13 -40 7— Eleven Type 20 Approval=
Exhibit: A. Planning Commission Staff Report
31 B -1
31 B -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 12, 2013
TITLE:
PUBLIC HEARING — FILED BY RALPH DEPPISCH
FOR CONDITIONAL USE PERMIT NO. 2013-40
TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE
CONTROL LICENSE FOR A 7- ELEVEN STORE
LOCATED AT 2112 SOUTH MAIN STREET
Prepared by Vince Fregoso
I
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
F� Hnl�
Planning Manager
1. Planning Commission recommends adopting a resolution approving Conditional Use Permit
No. 2013 -40 as conditioned.
2. Authorize the Planning Commission to issue a Public Convenience and Necessity (PCN) Letter due
to crime rate of the area.
Request of Applicant
Ralph Deppisch, on behalf of 7- Eleven Stores, Inc., is requesting approval of a conditional use permit
for a Type 20 Alcoholic Beverage Control (ABC) license for the off - premise sale of beer and wine at
2112 South Main Street. Establishments that sell alcoholic beverages require a conditional use
permit pursuant to the Santa Ana Municipal Code (SAMC).
This application is among the last to be processed under the previous regulations pertaining to off -
sale ABC licenses. The application was received prior to September 4, 2013, which was the date
Ordinance No. NS -2847 took effect. This ordinance amended Chapters 11 and 41 of the SAMC
related to off -sale premises, including: reducing the size threshold of markets subject to
overconcentration criteria from 20,000 to 10,000 square feet; eliminating size thresholds when
analyzing off -sale licenses within 1,000 feet of another off -sale licensed premises; and codifying
overconcentration criteria. The analysis and findings provided in this report reflect the provisions of
the previous Code.
Project Description
7- Eleven, Inc. operates multiple convenience store locations within Santa Ana. The establishment
proposes to obtain a Type 20 off - premise general license for the sale of beer and wine to the public.
Due to the restrictions of the site's CSM zoning, the hours of operation for 7- Eleven will be limited to
5:00 a.m. to 12:00 midnight, seven days per week.
EXHIBIT A
31 B -3
Conditional Use Permit No. 201340
November 12, 2013
Page 2
The applicant seeks to display and store alcohol on two store shelves and a cold -case display. The
store shelves and cold -case display containing the alcohol are proposed to be in the middle and at the
rear of the store. The total display and storage area will consist of 108 square feet, representing less
than five percent of the store's gross floor area (Exhibits 4 and 5).
Proiect Background
7- Eleven Stores, Inc. is a globally - recognized convenience stop: chain. The company operates over
one dozen stores in Santa Ana, which range in size from 2,400 to 3,000 square feet. These stores
offer a full range of items typically found at a convenience store, as well as a large prepared food and
beverage section. Most 7- Eleven locations in Santa Ana are found along the city's major
thoroughfares, including this location on Main Street. All locations within Santa Ana are authorized to
sell alcoholic beverages with the exception of the store located at 1441 West MacArthur Boulevard,
Unit D, which is in the process of applying for a CUP to allow the off - premise sale of alcohol.
In 1986, the Southland Corporation, parent company of 7- Eleven, received approval of a land use
certificate (LUC) to allow the sale of beer and wine at this location (Type 20 ABC license). In 2001, the
7- Eleven store was replaced by a Mr. M Food Store. In September 2012, the owner of Mr. M's closed
the establishment, with the site remaining vacant to this day. Since the original ABC license was
issued through an LUC, another tenant had six months to reopen the establishment and continue with
the sale of beer and wine. As the six month time period expired in March 2013, and the tenant space
remained vacant, the LUC expired, with any new sale of alcoholic beverages requiring a conditional
use permit.
On October 28, 2013, the Planning Commission held a public hearing on staffs recommendation to
deny the conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license to allow the
off - premise sale of beer and wine at the proposed site. After receiving public testimony and hearing
new facts about the project, the Planning Commission continued the item and requested that staff
prepare findings of fact and conditions of approval in support of the conditional use permit.
General Plan and Zoning Consistency
The parcel is located within the Commercial South Main (CSM) zoning district. The City's CSM zones
allow for retail and service uses such as 7- Eleven stores, making the proposed use consistent with the
zoning code.
The General Plan land use designation for the site is General Commercial (GC). Such land use
designations are designed to provide retail- oriented uses along the City's commercial corridors, and to
accommodate major development activity. The project site is consistent with this General Plan land
use designation.
31 B -4
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 3
Project Analysis
Conditional use permit requests 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. The prior staff recommendation of denial took into account that the proposed project met
two out of three of the City's overconcentration criteria: The project is located within 1,000 feet of
another off - premise license, and the project site is within 1,000 feet of three schools primarily used
by minors. This information is shown on Table 1 below and Map 1 on the following page. After
staffs presentation on October 28, 2013, the Planning Commission received new information from
the applicant and a concerned citizen from the surrounding community. This information, detailed
within the findings of fact on the following pages, focused on the site, physical attributes and location
of the premises.
Table 1: Licenses and Schools within 1,000 Feet of the Subject Property
Premises
Location
Type
(1) Azteca Market
2059 South Main
Type 20
(2) Cesar Chavez High School
2128 South Cypress
School
(3) Edison Elementary
2063 South Orange
School
(4) Manuel Esqueda Elementary
2240 South Main
School
31 B -5
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Conditional Use Permit No. 2013 -40
November 12, 2013
Page 5
In light of the circumstances, although the 7- Eleven Market does not fit the past approval pattern
of stores meeting the overconcentration criteria and being over 20,000 square feet in size, the
Planning Commission determined that there were a number of mitigating circumstances that
would allow them to make the findings necessary to approve the conditional use permit.
• The proposed alcoholic beverage control (ABC) license will provide a service or facility which
will contribute to the general well being of the neighborhood or community by allowing
customers the ability to purchase beer and wine along with their market related products.
Further, approving an off -site retail license (Type 20) at this location would allow the 7- Eleven
store the ability to serve the community on the west side of Main Street, which is a heavily
travelled thoroughfare that acts as a barrier to pedestrian traffic. Additionally, appropriate
conditions have been placed on the ABC license, which will mitigate any potential impacts
created by the use and ensure that the use will not negatively affect the surrounding
community.
• The proposed ABC license will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity because conditions have been placed on the
alcoholic beverage control license that will mitigate any potential negative or adverse impacts
created by the use. In addition, the use will occur within the premises and is incidental to the
market use. Additionally, the use will not create any negative or adverse impacts but will
enhance the quality of life and safety of the area by offering services oriented to motorist and
pedestrians who frequent the site from the surrounding residential neighborhoods.
• The approval of an ABC license for the retail establishment at this location will positively
influence the present and future economic of the property by further diversifying the products
and services offered within the store. The proposed location, which is currently vacant, is one
of the primary anchor tenants of the center. The leasing of this space to 7- Eleven with alcohol
sales will allow the market to remain competitive with similar uses in the area which offer
alcoholic beverage sales as part of their normal retail operations, while offering the convenience
of a smaller market setting to the residents of the immediate area. In addition, site
improvements will be made to the site, including lighting, landscaping and signage, which will
bring the site into closer compliance with the City's development standards. These
improvements will enhance the economic value of the property and will affect the economic
stability of the area in a positive manner.
• The proposed alcohol license will be in compliance with all applicable criteria of Chapter 41 of
the Santa Ana Municipal Code for an off - premise liquor license. Separation criteria will be
waived for the project location. However, waiving these criteria will not be detrimental to the
surrounding community because the location serves pedestrian and local traffic due to the
physical characteristics of the site itself, the commercial center site, and the nature of its
business operations. Conditions of approval have been added to ensure the project remains
in compliance with all applicable codes and regulations related to alcohol sales to ensure that
the use does not impact neighboring properties or create an attractive nuisance.
31 B -7
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 6
The proposed alcohol license will not adversely affect the General Plan. Retail markets and
regulated uses such as alcoholic beverage control (ABC) licenses are permitted within the
General Commercial (GC) General Plan land use designation. The project is consistent with
Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's
economic and fiscal viability and that mitigate any potential impacts. Specifically, the project
supports the following policies of the Land Use Element:
o Policy 2.2, providing adequate amounts of goods and services for the City through a local
market whose clientele is in the immediate vicinity;
o Policy 2.4, supporting pedestrian access between the proposed market and the surrounding
residential communities in close proximity;
o Policy 2.10, supporting a neighborhood serving market that is harmonious in scale and
character with the existing development in the area;
o Policy 5.1, promoting development with community benefits that enhance the quality of life
by allowing residents in the immediate area to shop at a market with a full range of goods,
including beer and wine; and,
o Policy 5.2, protecting the community from incompatible land uses through conditions of
approval that will protect the surrounding community from potential adverse impacts or from
the market developing into an attractive nuisance.
Letter of Public Convenience and Necessity
Due to the Planning Commission's recommendation of approval, the issuance of a Public
Convenience and Necessity (PCN) letter is required. A PCN letter is required per Business and
Professions Code Section 23958.4 due to the above average crime rate of the reporting district.
The PCN letter will state that, despite the above average crime rate of the reporting district, the
issuance of an additional off -sale ABC license at this location is necessary to serve the public
convenience and is necessary in the area. The Planning Commission requested that staff
prepare the PCN letter based on the testimony and new information received at the public
hearing.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors
associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale
licenses the Police Department analyzes the crime rate in the area using the standards and
definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also
RITWOO
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 7
are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines
"reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and
misdemeanors, except traffic citations. The Police Department then compares the number of
such crimes in the reporting district as compared to the number of crimes in other reporting
districts. In keeping with the standard used by State ABC Business and Professions Code
Section 23948.4(a)(1), should the Police Department determine that the reporting district has a
20 percent greater number of reported crimes than the average number found in all reporting
districts, the Police Department will consider this information in making its recommendation,
which could result in a recommendation of denial.
The site, located at 2112 South Main Street is in a reporting district that has a 20 percent greater
number of reported crimes than the average number reported for all crime reporting districts and
is 21 percent above the average in police related incidents based on standards established under
the Business and Professions Code Section 23958.4. Since the reporting district has an above
average crime rate, and the site is located within 100 feet of residential dwellings, the Police
Department recommended denial of this application. However, the Planning Commission, based
on additional information received at the October 28, 2013 public hearing, recommended
approval of the CUP to allow an off -sale ABC license.
Public Notification
The project site is located within the Memorial Park Neighborhood Association and is adjacent to
the Delhi and Madison Park Neighborhood Associations. On October 9, 2013, staff and the
applicant attended the Delhi Neighborhood Association meeting to discuss the proposed project.
Further, on October 18th, the Memorial Park Neighborhood Association held a meeting to discuss
the project. The general consensus of both meetings was that the neighborhoods were
supportive of the City's recommendation as there are a sufficient number of establishments along
South Main Street (including retail stores, restaurants and bars) that have alcohol sales. In
addition, the attendees were concerned that the addition of another ABC licensed establishment
in the immediate area would create adverse impacts that resulted from the sale of alcohol at this
location.
The presidents of the neighborhood associations were also notified by mail 10 days prior to this
public hearing. In addition, the district representative from the City's Neighborhood Improvement
Division contacted the presidents to ensure that the presidents were notified of the meeting and
to see if there were any additional areas of concern. No further areas of concern were identified
by the Neighborhood Association presidents.
The project site itself was posted with a notice advertising this public hearing, a notice was
published in the Orange County Reporter and mailed notices were sent to all property owners
within 500 feet of the project site. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
31 B -9
Conditional Use Permit No. 2013 -40
November 12, 2013
Page 8
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt for
further review per Section 15301. This Class 1 exemption allows the licensing of existing and new
facilities with no expansion in the size of the use. Categorical Exemption Environmental Review
No. 2013 -78 will be filed for this project.
Conclusion
Overconcentration criteria were established by the City Council to maintain a balance between the
sale of alcoholic beverages and the health and safety of the surrounding community. Following
staffs recommendation for denial at the October 28, 2013 Planning Commission hearing, new
information was presented that subsequently led the Planning Commission to direct staff to create
findings of fact and conditions of approval in support of the applicant's request. These finding
pertained to the unique circumstances related to the project's location, attributes and operations.
Therefore, based on the attached findings of fact, the project's compatibility with several policies of
the General Plan, and the analysis provided within this report, the Planning Commission
recommends adopting a resolution approving Conditional Use Permit No. 2013 -40 as conditioned.
i
Vince Fregoso, 0CP
Principal Plann r,—_-
VF:jm
N\reports \CUP\CUP13 -40 7- Eleven Type 20 Approva).111213.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Zoning Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
31 B -10
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RESOLUTION NO. 2013 -23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2013 -40 FOR A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PROPERTY
LOCATED AT 2112 SOUTH MAIN STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The applicant is requesting approval of Conditional Use Permit No. 2013 -40
for a Type 20 Alcoholic Beverage Control license, which allows the sale of
beer and wine for off - premise consumption, for the property located at 2112
South Main Street.
B. Conditional Use Permit No. 2013 -40 came before the Planning Commission
of the City of Santa Ana for a duly noticed public hearing on October 28,
2013. At that time, the matter was continued by the Planning Commission to
November 12, 2013, in order to take an action different than the staff
recommendation.
C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
D. The Planning Commission determines that the following findings, which
must be established in order to grant a Conditional Use Permit pursuant to
Santa Ana Municipal Code Section 41 -638, have been established:
Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or community?
The proposed alcoholic beverage control (ABC) license will
provide a service or facility which will contribute to the general
well being of the neighborhood or community. Approving an
off -site retail license (Type 20) at this location would allow the
7- Eleven store the ability to serve the community on the west
side of Main Street, which is a heavily travelled thoroughfare
that acts as a barrier to pedestrian traffic. Further, the sales of
alcoholic beverages at this location is intended for families and
commuters from the immediate area who are not typically
Resolution No. 2013 -23
Page 1 of 8
31 B -16
associated with loitering or public intoxication, thus helping to
reduce impacts to surrounding businesses and residents.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed ABC license will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity. The use, as conditioned, will not create
any negative or adverse impacts but will enhance the quality
of life and safety of the area by offering services oriented to
motorist and pedestrians who frequent the site from the
surrounding residential neighborhoods. In addition, conditions
of approval have been added to ensure that the project will not
become an attractive nuisance. Moreover, the proposed
tenant, 7- Eleven, is a national chain that offers beer and wine
as part of its business model. The company has established
policies and procedures, including an employee training
program focused on security and alcohol responsibility, which
will ensure that beer and wine sales are handled in a
responsible manner.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The approval of an ABC license for the retail establishment at
this location will positively influence the present and future
economic of the property by further diversifying the products
and services offered within the store. The proposed location,
which is currently vacant, is one of the primary anchor tenants
of the center. The leasing of this space to 7- Eleven with
alcohol sales will allow the market to remain competitive with
similar uses in the area which offer alcoholic beverage sales
as part of their normal retail operations, while offering the
convenience of a smaller market setting to the residents of the
immediate area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the S.A.M.C. for such use?
The proposed alcohol license will be in compliance with all
applicable criteria of Chapter 41 of the Santa Ana Municipal
Code for an off - premise liquor license. Conditions of
approval have been added to ensure the project remains in
compliance with all applicable codes and regulations related
Resolution No. 2013 -23
Page 2 of 8
31 B -17
to alcohol sales to ensure that the use does not impact
neighboring properties or create an attractive nuisance.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed alcohol license will not adversely affect the
General Plan. Retail markets and regulated uses such as
alcoholic beverage control (ABC) licenses are permitted within
the General Commercial (GC) General Plan land use
designation. The project is consistent with Goals 2 and 5 of
the Land Use Element, which promote land uses that enhance
the City's economic and fiscal viability and that mitigate any
potential impacts. Specifically, the project supports the
following policies of the Land Use Element:
o Policy 2.2, providing adequate amounts of goods and
services for the City through a local market whose
clientele is in the immediate vicinity.
o Policy 2.4, supporting pedestrian access between the
proposed market and the surrounding residential
communities in close proximity.
o Policy 2.10, supporting a neighborhood serving market
that is harmonious in scale and character with the
existing development in the area.
o Policy 5.1, promoting development with community
benefits that enhance the quality of life by allowing
residents in the immediate area to shop at a market
with a full range of goods, including beer and wine.
o Policy 5.2, protecting the community from incompatible
land uses through conditions of approval that will
protect the surrounding community from potential
adverse impacts or from the market developing into an
attractive nuisance.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt for further review per Section 15301. This
Class 1 exemption allows the licensing of existing and new facilities with no
expansion in the size of the use. Categorical Exemption Environmental
Review No. 2013 -78 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana hereby approves
Conditional Use Permit No. 2013 -40 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
Resolution No. 2013 -23
Page 3 of 8
31 B -18
said hearing, which includes, but is not limited to: the Request for Planning Commission
Action dated October 28, 2013, and exhibits attached thereto; the Request for Planning
Commission Action dated November 12, 2013, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 12th day of November , 2013.
AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Yrarrazaval (1)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -23 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on November 12, 2013
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2013 -23
Page 4 of 8
31 B -19
Conditions for Conditional Use Permit No. 2013 -40
Conditional Use Permit No. 2013 -40 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below np for 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.
1. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
2. The applicant shall be responsible for maintaining free of litter the area adjacent to
the premises over which he has control.
3. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, promoting or indicating the availability of
alcoholic beverages on the premises.
4. There shall be no coin - operated games maintained on the premises at any time.
5. All public telephones shall be located on the interior of the premises.
6. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the applicant shall be removed or painted over within 24 hours of
being applied.
7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal
Code ( "CPC ") section 602, on the exterior of the premises.
8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied
with at all times that the premises are in operation.
9. The applicant shall at all times utilize an age verification device for all purchases of
alcoholic beverages.
10. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
police department, addressing at a minimum the following items; handling
obviously intoxicated persons; establishing a reasonable ratio of employees to
Resolution No. 2013 -23
Page 5 of 8
31 B -20
NOVEMBER 12, 2013
PAGE 2 OF 3
patrons, based upon activity level, in order to monitor beverage sales and patron
behavior; handling patrons involved in fighting, arguing or loitering about the
building and in the immediate adjacent area that is owned, leased, rented or used
under agreement by the Licensee(s); verifying age /checking identification of
patrons; calling the police regarding observed or reported criminal activity.
11. If there is a marked or noticeable increase in the number of police - related incidents
on or near the premises, as such increase may be determined by the Chief of
Police, the applicant may be required to provide state - licensed, uniformed security
guards at a number determined by the Chief of Police.
12. All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages. The California Department of Alcoholic
Beverage Control must approve said training program. Records of each
employee's successful completion of the certified training program required by this
section shall be maintained on the premises of the alcoholic beverage outlet and
shall be presented upon request by a representative of the City of Santa Ana.
13. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers, but must be sold in pre - packaged multi -unit quantities.
14. The sales of alcoholic beverages shall be permitted only between the hours of
7:00 a.m. and 12:00 midnight each day of the week unless otherwise modified by
the granting of an after -hours conditional use permit.
15. Existing building and required parking must conform to the provisions of Chapter 8,
Article II, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). These code conditions will require that the existing project lighting,
door /window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
16. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
17. Window displays must be kept to a minimum for maximum visibility and shall not
exceed 25 percent of window coverage.
18. Window displays and racks must be kept to a maximum height of three feet
including merchandise.
19. A timed - access cash controller or drop safe must be installed.
Resolution No. 2013 -23
Page 6 of 8
31 B -21
NOVEMBER 12, 2013
PAGE 3 OF 3
20. A silent armed robbery alarm must be installed and operable at all times.
21. Clearly distinguishable height markers shall be installed on the inside doorjamb of
all doors used by the public to access the store. Horizontal marks, one -inch wide
by three inch long, in different colors, and in a contrasting color to the background,
shall be placed every six inches beginning at 5' and ending at 66 ".
22. No person under the age of 21 shall sell or deliver alcoholic beverages.
23. Provide a Closed Circuit Television System approved by the Police Department
and capable of viewing and recording events inside and outside the premises
including the parking areas with a resolution which will clearly identify individuals
for later identification as follows:
a) A minimum of one color camera at each cash register that views the front of
a customer, from the waist to the top of the head.
b) A minimum of one color camera that views the full length side of a customer
at the cash register area.
c) A color camera recorder capable of recording events on all cameras
simultaneously.
d) A tape or disc storage library of recorded cameras kept for a minimum of 60
days.
e) If video tape is used, tapes cannot be taped over more than six times.
f) An audio recording component that will record sounds occurring at the
customer counter.
g) An Internet Protocol (IP) -based system is required.
24. It shall be the operator's responsibility to submit a shopping cart containment plan
pursuant to SAMC Section 33.210.
25. The operator shall be responsible for obtaining all necessary permits for building
tenant and freestanding signs. This shall include any window signs and temporary
banners.
Resolution No. 2013 -23
Page 7 of 8
31 B -22
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd
floor, Santa Ana, California 92702.
On [date], I served the foregoingg document described as: Resolution No. 2013 -23
(Conditional Use Permit No. 2013 -1 in this action by placing a true copy t ereo
enc —loUin sea enve opes a resse as follows:
[insert the following here
Addressee
Address]
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on [date] at Santa Ana, California.
ffu 011TERTIMISM '
Resolution No. 2013 -23
Page 8 of 8
31 B -23
31 B -24
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
AMENDMENT OF ORDINANCE TO
CREATE AN ARTS AND CULTURE
COMMISSION
'CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
NNOS e
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend Article IV of Chapter 2 of the Santa Ana Municipal Code by adding a new Division 5,
Establishing an Arts and Culture Commission.
DISCUSSION
The City Council directed staff at the November 18, 2013 Work Study Session to prepare an
ordinance to create an Arts and Culture Commission, continue reviewing existing and past Santa
Ana arts and culture efforts in order to benefit from those perspectives, explore different arts and
culture commission models, and establish organizational structural steps to ensure the new
Commission will be sustainable and be in alignment with the new directions identified by the
current Strategic Planning efforts. The concept of the establishment of an Arts and Culture
Commission was initiated by the Parks, Recreation, Education, and Youth (PREY) Council
Committee at their October 28 meeting.
The new ordinance creates a seven member Arts and Culture Commission that will meet
monthly and advise the City Manager and the City Council and make recommendations in
matters of art and cultural activities in Santa Ana. The Commission will coordinate with the
private sector and public agencies in promoting arts and cultural excellence as a tool for the
encouragement of economic development, business relocation and tourism. The Commission
will champion activities, which celebrate the City and its unique cultural heritage, including the
establishment of a Sister Cities Program. Members of the Arts and Culture Commission will be
appointed by the City Council in accordance to Article IX of the Charter that defines
appointments, removals, and vacancies. Arts and Culture Commissioners will serve as
volunteers. The City Charter does not require that Commissioners be compensated.
To prepare for this Council action consideration, staff met with various artists, art and cultural
organizations, and citizens to solicit their feedback and perspective on this proposed Arts and
Culture Commission. Information on different Arts and Culture Commission approaches in
different cities was also reviewed. Shown as Exhibits 1, 2, and 3 is the presentation, the
ordinance amendment, and a summary of staff's outreach efforts and research findings.
50A -1
Adopt Ordinance to Create Arts and Culture Commission
December 2, 2013
Page 2
The staffing for the Arts and Culture Commission will be accomplished with existing budgeted
resources. For example, two full time Senior Management Assistants will be added to the City
Manager's Office and recruitment were posted on November 20. Arts and Culture has been
identified within the top five priority focus areas for the City in the recent Strategic Planning
efforts.
The development of the nomination applications for City Council appointment consideration will
begin in December and will be made available to the public in January. The recruitment process
for nominee consideration will take place in February and March with an expected completion of
the appointment of the Arts and Culture Commission Members in April.
FISCAL IMPACT
The funding for the full time staff member that will support the Arts and Culture Commission is in
the FY 13 -14 approved budget.
2""�Iva
Gerardo Mouet
Executive Director
Parks, Rec. and Com. Svcs. Agency
APPROVED AS TO FUDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Arts and Culture Commission Presentation
2. Ordinance Amendment Creating Arts and Culture Commission
3. Summary of Arts and Culture Commission Findings
50A -2
� j
Santa Ana New Direction
KEY PRIORITY FOCUS FOR THE CITY
Exhibit I
y 1
J
N
Art and Culture is the soul of the city and is a positive force
in the local economy
"If art is to nourish the roots of our culture, society must set the artist
free to follow his vision wherever it takes him" John F. Kennedy.
"Preservation of one's own culture does not require contempt or
disrespect for other cultures." Cesar Chavez
.. I M
6
Complete Commissioner Appointments by April
Application Process begins in January
50A -5
41A
SRC 11/25/13
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA
ANA MUNICIPAL CODE BY ADDING A NEW DIVISION 5,
ESTABLISHING AN ARTS AND CULTURE COMMISSION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. A new Division 5 of Article IV of Chapter 2 of the Santa Ana
Municipal Code is hereby established to read as follows:
Division 5. Arts and Culture Commission
Sec. 2-550. Establishment.
There shall be created, constituted and established a Santa Ana Arts and
Culture Commission.
Sec. 2-551. Members.
The arts and culture commission shall consist of seven (7) members. Members
of the commission should be persons who are concerned about arts and cultural issues
in the City of Santa Ana and should be persons who have professional expertise or
substantial volunteer involvement in the following areas: Visual, performing or literary
arts; Architecture, design or urban planning; Education; History; Science; or Arts and
cultural institution management. The commissioners shall be subject to appointment
and removal and shall serve terms in accordance with section 901 of the Charter of the
City of Santa Ana.
Sec. 2-552. Meetings.
The arts and culture commission shall hold at least one (1) regular meeting
each month at dates and times specifically set out and established in the rules of the
commission.
Sec. 2 -552.5 Duties of the city manager.
It shall be the duty of the city manager or his or her designee to provide staff
support to the arts and culture commission and provide data, materials and resources
which can be of assistance to the deliberations of the commission and shall advise
and recommend to the commission on all technical matters.
FYN bit 2.
Ordinance No. NS -XXX
50A -7 Page 1 of 3
Sec. 2. -553. Powers and duties.
The arts and culture commission shall have the following powers and duties:
(a) The commission shall act as an advisory body to the City Manager and the
City Council and make recommendations regarding but not limited to:
(1) Policies, priorities and plans for the development and improvement of arts
and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies,
in the greater Santa Ana area.
(2) Coordinating with the private sector and other governmental agencies in
promoting arts and cultural excellence as a tool for the encouragement of economic
development, business relocation and tourism.
(3) Organizing and promoting activities which celebrate the City and its unique
cultural heritage.
(4) Allocation and budgeting of funds for arts and cultural funding.
(5) Payments for the design, execution and placement of public art projects,
within established appropriations for the art projects.
(6) Encouraging the use of local artists in City public art projects.
(7) Guidelines for accepting, selecting, purchasing, commissioning, placing and
preserving art projects and other City art acquisitions, gifts or extended loans of art.
(8) Make recommendations to the city council on deaccessioning of artworks,
when necessary;
(b) The commission shall also advocate for arts education, cultural diversity, the
Sister Cities Program, and other initiatives that further the growth and sustainability of
the arts and cultural community in Santa Ana area.
(c) In addition, the Commission shall have such other powers and duties as may
be appropriate in carrying out the purposes and goals of this Division and as set forth in
reports or recommendations adopted by the City Council.
(d) Consider matters referred to it by the City Manager or the City Council.
SECTION 2. 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.
Ordinance No. NS -XXX
Page 2 of 3 50A -8
AYES:
ADOPTED this day of
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
in
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
m •
y
Ordinance No. NS -XXX
Page 3 of 3
50A -10
A i,i
ftaw
RA
k p
wtw
NO
Art and Culture Commission 1 2
Summary
According to all providing feedback to staff on the proposed new Arts and Culture Commission, this is a needed action that
is important to Santa Ana. The interview meetings with individuals and groups representing art and culture activities and
programs began on November and will continue until the Commission is established and it has its first meeting.
Business, artists, art professionals, cultural activists, and academic art specialist consistently commented that Santa Ana is
a unique place that stands apart in the region and an ideal city for thriving and dynamic art and culture expressions. The
City's rich history, diversity, architecture, location, and urban block grid system offers a setting that promises art and
culture experience to blosom even further and reach noteworthy levels similarto the best art and culture towns in the
nation. A Commission to provide leadership in art and culture is key according to most interviewed. Most commented that
the Commission should represent all the arts and champion all cultures. Because this tall order, it was suggested by many
for specialty advisory committees be established as needed to help the Commission navigate issues and projects that
require a wider perspective and expert feedback.
A common theme in all conversations was that arts and culture is good for business. Many thought that art and culture is
a key reason folks, both residents and visitors, come together in Santa Ana to enjoy a creative environment that is inclusive
and open for creative expression. Interviewees felt that policy affecting key components such as buildings, businesses, and
housing is important in the cultivation of arts and culture in the community and good forthe local economy. The return on
investment in arts and culture according to all interviewed will be great.
All thoughtthat asthe Commission sets to its missiton to champion the arts and culture in town, that Santa Ana's art and
culture history should be considered to best evaluate and supportthe current level of creative activity. Anchoring the
Commission's perspective on this historical perspective will help setthe best course for developing a thriving future,
vibrant in art and cultural performances and experessions.
The Santa Ana canvas is rich with history, people, and architecture. This came out in all conversations with those
interviewed. Coming up with creative ways to fund these activities was also an important theme that emerged during the
outreach meetings. Affordable housing, grants for public art projects and grantsto support emerging artists was
mentioned several times. Ongoing sustainable funding mechanisms to support art and culture activities in town is
something many felt need to be established.
All interviewed thought arts and culture needs to be a key priority area of focus. All believed that art and culture, while not
in the category of basic core food, shelter, and safety needs, is what will make Santa Ana into a greater and greater city. All
thought arts and culture, if nurtured in the right way, will contribute exponentiallyto the quality of life in Santa Ana.
50A -12
Art and Culture Commission 1 3
Reaching Out
Staff began meeting with organizations and individuals connected to the art and culture activities in Santa Ana on
November 8, 2013. The purpose of the outreach meetings is to solicit feedback on the concept of a new Santa Ana
Commission focusing on the Arts and Culture.
Who Met With So Far
List of Folks that
Provided Past, Current,
and Future Perspectives
• Casa Guanajuato
• Don Cribb
• Mike McGee
• John Spiak
• Centro Cultural
• United Artists of Santa
Ana
• Ana Jimenez -Hami
• Silvia Volcan
• Sara Guerrero
• ArtsOC
• Board of Recreation
and Parks
• Dennis Lluy
• GCS Clothing & Culture
• Santa Ana Community
Artist(a) Coalition
Noteworthy Suggestions Et Observations
• All felt this was a very good thing for the City to do.
All felt that Arts and Culture is very good for the local economy.
• Most were very excited and supportive of the prospects of an Arts
and Culture Commission
• A few stated that the process of creating the Commission should be
slowed down in orderto incorporate key perspectives of those that
have been pioneering the arts and culture movement in the city
Various comments were made stating that the Commission should
make sure that attention Is placed on all the art forms, including the
performing arts
Santa Ana is a Cosmopolitan City was a theme that came out from
these meetings
• Several highlighted the importance forthe Commission to provide
leadership in obtaining grants for art and culture activities and
programs as key
• Several thoughtthat Santa Ana is a leading city in the region that
can authentically offer "Throwback' experience to the public and
50A -13
thatthis is very nourishing to the Arts and Culture movement in
town
•
Manythoughtthat Santa Ana has an environmentthat offers urban
core and street experience that is historical and edgy and conducive
for creative inspiration
• Some commented that it is importantto include Theater in the
movement
• Several commented that their should be Advisory Committees on
specializations as needed to support and advise the new Commission
• Many thought that creative mechanisms to help support and fund
emerging artists should be established
• All thought that public art should be a major emphasis for the
Commission and that a transparent and inclusive processes should
be development forthe production of this art
• Several commented on the need to explore affordable housing
opportunities for artists
• Several thought it is important that the focus on Arts and Culture
should not be limited tojustthe Downtown but should be spread
throughout the entire city
041 U -
• San Antonio's City Arts Agency
• Balboa Park Cultural Partnership in San Diego
• San Diego Commission for Arts and Culture
• San Jose Arts Commission
• Phoenix Arts and Culure Commission
Santa Ana is One of A Kind
With its demographic profile, density, central location,
architecture, and immigrant experience, Santa Ana
stands apart from other cities. The Santa Ana arts and
culture path promises to continue heading toward an
eclectic destination.
50A -14
Art and Culture Commission 1 4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
RESOLUTION AFFIRMING ADOPTION
OF THE MEASURE M2 YEAR -END
EXPENDITURE REPORT
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the Measure M2 Annual Expenditure Report and direct the Executive
Director of the Public Works Agency to submit it to the Orange County Transportation Authority as
required by Measure M2.
DISCUSSION
The recommended action will allow the City to continue receiving Measure M2 Comprehensive
Transportation Funding Programs (CTFP) Funds. Each year local agencies are required to submit
documentation to OCTA which includes a year -end expenditure report along with a resolution
which approves the report to the Orange County Transportation Authority (OCTA).
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. The report will allow the City to continue receiving approximately $4
million in Measure M2 Fairshare funds each year, and adoption of the resolution is a required
reporting element.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
55A -1
Resolution Affirming Adoption of the Measure M2
Year -End Expenditure Report
December 2, 2013
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Edwin William alvez, P.E.
Interim Executive Director
Public Works Agency
EWG /ML
55A -2
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING THE FY 2012/13 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 type and program or
project.
C. The Expenditure Report must be adopted and submitted to the Orange
County Transportation Authority each year within six months of the end of
the City's fiscal year to be eligible to receive Net Revenues as part of
Measure M2.
Section 2: The City Council of the City of Santa Ana hereby finds that the
FY 2012/13 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
directs 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.
55A -3 Page 1 of 2
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
A
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2013.
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. 2013 -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
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
RESOLUTION TO ADOPT ADDENDUM TO
FINAL ENVIRONMENTAL IMPACT
STATEMENT /ENVIRONMENTAL IMPACT
REPORT FOR THE BRISTOL STREET
WIDENING PROJECT
C-fTY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the Addendum to the Final Environmental Impact Statement/
Environmental Impact Report pertaining to the Bristol Street Widening between Washington
Avenue and 17th Street.
DISCUSSION
The recommended action will allow the City to proceed with the next phase of right -of -way
acquisitions and construction for the Bristol Street Widening Project. Included in the Addendum
to the Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) are the
improvements necessary to mitigate report findings (Exhibit 1). The Council resolution
approving the Addendum to the FEIS /EIR is required in order to secure grant funding eligibility
for the identified mitigation improvements (Exhibit 2).
Bristol Street is a major north -south transportation facility which is designated as a major arterial
highway in the City's Circulation Element of the General Plan. The widening of 3.9 -mile Bristol
Street segment from Warner Avenue to Memory Lane has been a long -term priority project that
is being constructed in several phases. Improvements include widening the street from two to
three lanes in each direction, raised landscape medians, bike lanes, and sidewalks. In 1990, the
City Council authorized embarking on these proposed improvements with the approval of the
Bristol Street FEIS /EIR (EIS No. 89 -01). A copy of the Bristol Street Widening FEIS /EIR is
available for review in the Clerk's Office.
Since the adoption of the 1990 FEIS /EIR, several minor design modifications for Phase IIIB
between Washington Avenue and 17th Street (Exhibit 3) were considered, including addressing
climate change issues. These modifications are identified in the Addendum to the FEIS /EIR in
accordance with the California Environmental Quality Act (CEQA). The design modifications to
the project segment include the following:
55B -1
Resolution to Adopt Addendum to FEIS /EIR
for Bristol Street Widening
December 2, 2013
Page 2 of 2
• Replacement of the eastbound right -turn lane with a shared right -turn lane at
Bristol Street and 17th Street intersection.
• Installation of a high block wall along the second -line properties on the east side
between Washington Avenue and 17th Street to mitigate aesthetic impacts.
Staff recommends that the City Council adopt the resolution approving the Addendum to the
FEIS /EIR in accordance with the CEQA requirements so that the project can proceed with the
right -of -way phase.
ENVIRONMENTAL IMPACT
Pursuant to Section 15164(d) of the California Environmental Quality Act, City Council shall
consider adopting a resolution approving the Addendum to the Final Environmental Impact
Statement /Environmental Impact Report.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Edwin "William" Galvez, P.E.
Interim Executive Director
Public Works Agency
EWG /KN
Exhibits: 1. Addendum
2. Resolution
3. Location Map
55B -2
PROJECT NUMBER:
132897
PROJECT CONTACT.
Court Morgan
EMAIL.
court.morgan @powerong.com
PHONE:
714.5072764
U'
November 25, 2013
CITY OF SANTA ANA
Bristol Street Widening Project
Washington Avenue to 17th Street (Phase IIIB)
Environmental Impact Report Addendum
EXHIBIT 1
55B -3
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17'h Street
Environmental Impact Report Addendum
PREPARED FOR; CITY OF SANTA ANA
20 CIVIC CENTER PLAZA, M -36
SANTA ANA, CA 92702
PREPARED BY, POWER ENGINEERS, INC.
731 EAST BALL ROAD, SUITE 100
ANAHEIM, CA 92805
OFFICE: (714) 507 -2700
FAX (714) 507 -2799
55B -4
TABLE OF CONTENTS
1.0 INTRODUCTION
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`b Street
1
1.1
PURPOSE OF AN ADDENDUM ................................................................... ...............................
1
1.2
PROJECT LOCATION .................................................................................. ..............................4
..............................6
1.2.1 Existing Land Uses ........................................................................... ..............................4
EXISTING LAND USE (1990 FEIS / EIR) .............................................
1.3
PROJECT BACKGROUND .......................................................................... ...............................
8
1.3.1 Approved 1990 Final EIR/EIS ........................................................ ...............................
8
1.3.2 Adopted Transportation Improvement Program .............................. ...............................
8
1.4
PROJECT DESCRIPTION ............................................................................ ...............................
9
1.4.1 Bristol Street Widening Phase IIIB Project Area ............................. ..............................9
1990 FEIS /EIR PROPOSED LANE GEOMETRICS .............................. ...............................
1.4.2 Property Acquisition ........................................................................ ...............................
9
1.4.3 Changes as Compared to the Approved Project ............................ ...............................
12
1.4.5 Construction Timeframe ................................................................ ...............................
13
1.5 -
DISCRETIONARY ACTIONS ....................................................................... .............................
13
2.0
ENVIRONMENTAL CHECKLIST ........................................................ .............................17
2.1
BACICGROUND ....................................................................................... ...............................
17
3.0
ENVIRONMENTAL CONSEQUENCES ............................................... .............................18
3.1
AESTHETICS ........................................................................................... ...............................
18
3.2
AGRICULTURAL RESOURCES ................................................................... .............................
20
3.3
AIR QUALITY ......................................................................................... ...............................
21
3.4
BIOLOGICAL RESOURCES ...................................................................... ...............................
28
3.5
CULTURAL RESOURCES ........................................................................... .............................
30
3.6
GEOLOGY AND SOILS ............................................................................... .............................
31
3.7
GREENHOUSE GAS EMISSIONS .............................................................. ...............................
34
3.8
HAZARDS AND HAZARDOUS MATERIALS .............................................. ...............................
34
3.9
HYDROLOGY AND WATER QUALITY ....................................................... .............................
37
3.10
LAND USE AND PLANNING .................................................................... ...............................
41
3.11
MINERAL RESOURCES ........................................................................... ...............................
42
3.12
NOISE ....................................................................................................... .............................43
3.13
POPULATION AND HOUSING .................................................................. ...............................
44
3.14
PUBLIC SERVICES .................................................................................. ...............................
46
3.15
RECREATION .......................................................................................... ...............................
47
3.16
TRANSPORTATION /TRAFFIC .................................................................. ...............................
48
3.17
UTILITIES AND SERVICE SYSTEMS ........................................................ ...............................
50
3.18
MANDATORY FINDINGS OF SIGNIFICANCE ............................................ ...............................
52
4.0
REFERENCES .......................................................................................... .............................54
FIGURES:
FIGURE 1
REGIONAL LOCATION ........................................................................
..............................5
FIGURE2
PROJECT LOCATION ...........................................................................
..............................6
FIGURE 3
EXISTING LAND USE (1990 FEIS / EIR) .............................................
............................... 7
FIGURE 4
PROPERTY ACQUISITIONS ............................................................... ...............................
11
FIGURE 5
PROPOSED PROJECT LANE GEOMETRICS ........................................ ...............................
14
FIGURE 6A
1990 FEIS /EIR PROPOSED LANE GEGMETRICS ................................
.............................15
FIGURE 6B
1990 FEIS /EIR PROPOSED LANE GEOMETRICS .............................. ...............................
16
ANA t I1 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 1
55B -5
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase MIS — Washington Avenue to 17"i Street
TABLES:
TABLE 1
PROPERTY ACQUISITIONS .................................................................. ...............................
10
TABLE 2
PROJECT RELATED CONSTRUCTION EMISSIONS ................................ ...............................
23
TABLE 3
YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS .........................
24
TABLE 4
YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS .........................
24
TABLE 5
LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES...
26
TABLE 6
CO HOTSPOT ANALYSIS (PPM) .......................................................... ...............................
27
TABLE 7
SCHOOLS WITHIN THE PHASE IIIB PROJECT AREA ............................ ...............................
35
APPENDICES:
APPENDIX A MODIFIED INITIAL STUDY CHECICLIST ...................................... ............................... 56
ANA It 1 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE ii
55B -6
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
ACRONYMS AND ABBREVIATIONS
AAQS ambient air quality standards
ADA American with Disabilities Act of 1990
APE Area of Potential Effect
AQMP Air Quality Management Plant
BMPs best management practices
CAAQS California ambient air quality standards
CalEEMod SCAQMD California Emissions Estimator Model
Caltrans California Department of Transportation
CEQA California Environmental Quality Act
CO carbon monoxide
CO2 carbon dioxide
CPRC California Public Resources Code
CRHR California Register of Historical Resources
CWA Clean Water Act
dB decibels
dB(A) A- weighted decibels
EPA US Environmental Protection Agency
FEIS/EIR Final Environmental Impact Statement / Environmental Impact Report
FHWA Federal Highway Administration
FTIP Federal Transportation Improvement Program
GC General Commercial
GHG greenhouse gas
I -405 San Diego Freeway
LOS Level of Service
LSTs Localized Significance Thresholds
mph miles per hour
NAAQS National Ambient Air Quality Standards
NEPA National Environmental Policy Act
NO2 nitrogen dioxide
NOx nitrogen oxides
NPDES National Pollutant Discharge Elimination System
03 ozone
OCTD Orange County Transit District
PM10 particulate matter less than less than or equal to 10 microns in diameter
PM2,5 particulate matter less than less than or equal to 2.5 microns in diameter
ppm parts per million
Project Bristol Street Widening Phase IIIB —17t" Street to Washington Ave. Project
ROG reactive organic gases
RTIP Regional Transportation Improvement Program
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SIPS state implementation plans
Sox sulfur oxides
SP1 Specific Plan
SR -22 State Route 22
SWPPP Stormwater Pollution Prevention Plan
TCMs Transportation Control Measures
UBC Uniform Building Code
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE iii
55B -7
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17`" Street
1.0 INTRODUCTION
This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA),
as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of
Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental
Impact Statement / Environmental Impact Report (FEIS/EIR) approved in 1990 (FHWA-CA- EIS- 89 -01-
F; SCH No. 87071509).
This Addendum focuses on the segment of Bristol Street between Washington Avenue and 176' Street
(Phase IIIB, or Project) and is limited to the proposed improvements to this segment. This Addendum
provides an assessment of potential environmental impacts associated with minor design modifications
and the issue of climate change which was not addressed in the previously prepared and certified
FEIS/EIR.
Design modifications to the Project, since approval of the 1990 FEIS /EIR, that are addressed in this
Addendum include the following:
• The proposed Project eliminates the dedicated eastbound right -turn lane and proposes a shared
right -turn lane in its place at the intersection of Bristol Street and 170' Street.
• The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers
(soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street
between Civic Center Drive and 17d' Street. However, using current noise modeling methodology
(Noise Study Report, URS Corporation 20t2c), noise abatement in the form of noise barriers is
not required for the Phase IIIB Project.
• For purposes of aesthetic treatment and enhancement, the proposed Project would install an
approximately 8 -foot high block wall at approximately the same location where the soundwall
was previously recommended (as addressed in the 1990 FEIS/EIR).
Additionally, the topic of greenhouse gas (GHG) emissions was not addressed in the previously approved
1990 FEIS/EIR as this topic was not a subject matter that required evaluation pursuant to CEQA at that
time. As such, this Addendum analyzes the effects of GHG emissions associated with construction and
operation of the proposed Project.
This Addendum to the previously certified 1990 FEIS /EIR has been prepared because Project - related
modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in
a Subsequent or Supplemental EIR under the requirements CEQA (refer to CEQA Guidelines Sections
15162 and 15163, respectively).
1.1 Purpose of an Addendum
Under CEQA, when an EIR has been certified for a project, no Subsequent EIR may be required for that
project unless the lead agency determines, based upon substantial evidence, that one or more specified
ANA 111 -334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 1
55B -8
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase HIS — Washington Avenue to 17"' Street
circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent
EIR required, pursuant to CEQA Guidelines Section 15162:
(1) Substantial changes are proposed in the project which will require major revision of
the previous EIR due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project
is undertaken which will require major revision of the previous EIR due to the
involvement of new significant environmental increase in the severity of previously
identified significant effects; or
(3) New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible, and would substantially reduce one or more significant effects of
the project, but the project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative. (CEQA Guidelines Section 15162[a])
A Supplement to an EIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may
be prepared if any of the above criteria apply, but "[o]nly minor changes or additions would be necessary
to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines
Section 15163[a] [2]). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an
Addendum may be prepared. More specifically, CEQA Guidelines Section 15164 states:
(a) The lead agency or a responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have
occurred.
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 2
55B -9
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
(b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR or negative declaration
have occurred.
(c) An addendum need not be circulated for public review but can be included in or
attached to the final EIR or adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency's
findings on the project, or elsewhere in the record. The explanation must be
supported by substantial evidence.
This Addendum to the previously certified FEIS /EIR for the approved Project has been prepared because
the evaluation of the proposed modifications does not result in any of the circumstances requiring a
Subsequent or Supplemental EIS /EIR. Although the proposed modifications would result in development
that differs from that in the 1990 FEIS /EIR, those modifications do not trigger the need for preparation of
a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and
15163, respectively. Sections 2.0 and 3.0 of this Addendum demonstrate that no substantial changes are
proposed in the approved Project or have occurred in the area of the Bristol Street Widening Phase IIIB
Project that will require major revisions to the previously certified 1990 FEIS /EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of previously identified
significant effects. Specifically, the proposed modifications, as compared to the 1990 FEIS /EIR, do not
result in new or substantially greater significant impacts because the scale and nature of the proposed
modifications are sufficiently similar to that analyzed in the 1990 FEIS /EIR such that the impacts of the
proposed modifications are within the levels and types of environmental impacts disclosed in the 1990
FEIS /EIR.
In addition, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the
certification of the 1990 FEIS/EIR for the approved Project that would result in new significant impacts
or substantially increase the severity of significant impacts previously identified, since the background
environmental conditions have not significantly changed since that time. The City of Santa Ana has
received no information indicating there has been a substantial change in any circumstances that would
result in a new or substantially greater significant impact.
Furthermore, no new information, which was not known and could not have been known at the time of
the 1990 FEIS/EIR preparation, has been revealed that shows new or substantially greater significant
impacts would result (see CEQA Guidelines Section 15162(a)(3)). In addition, there are no new or
different mitigation measures or alternatives that would substantially reduce one or more significant
ANA 1 I 1 -334 (PER -02 -01) C1Ty of SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 3
55B -10
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17'� Street
impacts of the approved Project but that are not adopted. The proposed modifications do not identify or
require adoption of any further mitigation measures or alternatives beyond those provided in the certified
1990 FEIS /EIR for the approved Project, since additional mitigation measures are either not necessary or
not feasible, and the alternatives analyzed in the 1990 FEIS /EIR represent a reasonable range as required
pursuant to CEQA (see CEQA Guidelines Section 15162(a)(3)).
This Addendum relies on the certified 1990 FEIS /EIR and the related administrative record, in addition to
the additional documentation included to support the Addendum, including the appendices. The
Addendum is to be included or attached to the 1990 FEIS /EIR and is not to be considered as an
independent or separate document.
As this Addendum does not identify new or substantially greater significant impacts, circulation for
public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However,
the City Council will consider and adopt or reject this Addendum at a public meeting (refer to CEQA
Guidelines Section 15164(d)). The findings of the City Council in its resolution of adoption of this
Addendum, if adopted, will reflect this Addendum which provides the basis and substantial evidence for
the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section
15164(e)).
1.2 Project Location
The proposed Project includes a segment of Bristol Street between Washington Avenue and 176' Street in
the City of Santa Ana. The City of Santa Ana, located within the County of Orange, is surrounded by the
Cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The proposed Project site is
located approximately 1.5 miles north of the San Diego Freeway (I -405) and approximately three miles
south of State Route 22 (SR -22). Refer to Figures 1 and 2 for the regional map and Project location map
with proposed roadway alignment and widening.
1.2.1 Existing Land Uses
The Project area and surrounding vicinity is located within an urbanized area of the City of Santa Ana.
Existing land use along the Project corridor consists of commercial and institutional development, and
single - family residences. Santa Ana College comprises land use on the west side of Bristol Street,
whereas single - family residences are only located on the east side of Bristol Street within the Project
limits. The existing single - family residences consist of single -story homes, and include outdoor areas of
frequent human use (i.e., rear and side yards). Figure 3 (Existing Land Use [1990 FEIS /EIR]), illustrates
existing land use as identified in the 1990 FEIS /EIR.
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 4
55B -11
OREGON IDAHO
NEVADA UTA
RNIA ;
LEGEND
FIGURE 1
7k PROJECT LOCATION REGIONAL LOCATION
N
BRISTOL STREET
WIDENING PROJECT
WASHINGTON AVENUE
® Miles TO 17TH STREET
0 5 10 15 (PHASE IIIB)
55B -12
4, s
I � V
3 z
'a^' �0=°xa "<.3k # - #y�4y k, i,A L, -`£e 11f Iz i \}�e ✓S",i� , s �",,t x2£,� '�
zL7
t
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- =^1v3.? f r 3i?; �R,�` tal,",...x 6 ii ,.�3 s a a� ' 1 w�`�
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``$'i - 3 €i�Vd3cis7[a3 e =
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LEGEND
FIGURE 2
® PROJECT LOCATION PROJECT LOCATION
N
} BRISTOL STREET
u WIDENING PROJECT
WASHINGTON AVENUE
® Feet TO 17TH STREET
0 1,000 2,000 (PHASE 1118)
SOURCE', ARCGIS ONLINE, NATGEO WORLD MAP, ACCESSED 1112512013,
VVts-7 J
LEGEND
SINGLE FAMILY RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
COMMERCIAL
OFFICE PROFESSIONAL
'GAS STATION
'VACANT
w mum
_
j R k A MvYy.4mnr+ fa .. A i € C L 1. Ie . 1 �• 1
I � Yil�✓fi== �:'ksT�c_ }'Ya" 3xf- .0 {�°z ?.sn��.,il ?��a�b �. � i 3
oiw..� r cn•ea
a ¢oo X00 Ooo iEET
Z n
SOURCE'.
FINAL ENVIRONMENTAL IMPACT STATEMENTIENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL FIGURE 3
STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTAANA WILDAN ASSOCIATES, 1959, EXISTING LAND USE
(1990 FEISIEIR)
BRISTOL STREET
WIDENING PROJECT
WASHINGTON AVENUE
TO 11TH STREET
(PHASE IIIS)
55B -14
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
1.3 Project Background
1.3.1 Approved 1990 Final EIR/E/S
The City of Santa Ana General Plan designates Bristol Street as a Major Arterial Highway traveling in a
north -south direction. As a result of significant growth and traffic congestion on Bristol Street, the City of
Santa Ana, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane
arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major
Arterial Highway. A joint EIS/EIR was prepared and approved by the City of Santa Ana and the
California Department of Transportation (Caltrans) for the widening of Bristol Street in 1990. The 1990
Project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane. Due to
significant costs associated with construction and availability of funding, the street widening Project was
divided into three phases; Phase I, from Warner Avenue north to First Street; Phase II, consisting of the
widening and reconstruction of the bridge which crosses Santiago Creek (northerly limits of the street
widening Project); and Phase III, between First Street and Memory Lane. Subsequently, and also due to
funding programming and availability, the Phase III segment has been further divided into two separate
segments: Phase IIIA, Civic Center Drive to Washington Avenue; and Phase IIIB (the subject of this
Addendum), Washington Avenue to 176' Street. The Bristol Street widening segments, as described
above, operate independently; that is, operation of one segment is not dependent on another.
The 1990 FEIS /EIR (SCH No. 87071509) was approved on November 19, 1990. The 1990 FEIS /EIR and
associated technical studies, incorporated herein by reference, documented the environmental impacts of
widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the
1990 FEIS/EIR, the purpose and goals of the Bristol Street Widening Project were to:
1. Provide sufficient roadway capacity to accommodate current and future traffic demand.
2. Improve the performance and safety of the roadway for the benefit of the motoring public.
3. To reduce current and projected future delays experienced at major intersections and to design
intersections to function at acceptable Levels of Service (LOS).
4. To design the roadway in manner conducive to the provision of public transportation, namely bus
service provided by the Orange County Transit District (OCTD).
1.3.2 Adopted Transportation Improvement Program
The Bristol Street Widening Project is fully funded and included in the Southern California Association
of Government's (SCAG's) 2012 Regional Transportation Plan titled 2012 -2035 Regional Transportation
Plan/Sustainable Communities Strategy (RTPISCS): Towards a Sustainable Future (2012 RTP) (RTP ID
ORA125). The project is also currently listed in SCAG's financially constrained 2013 Federal
Transportation Improvement Program (2013 FTIP) for fiscal year 2012/2013 — 2015/2016. The project
entry in the 2013 FTIP identifies the following scope of work BRISTOL ST (WARNER TO MEMORY LANE)
WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOUWARNER (ADD NB/EB/SB THRU LNS; WB RT TRN LN) AND
BRISTOURRST (ADD NBISB THRU LNS; SB LFTIRTITRN LNS).
ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 8
55B -15
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase 111B — Washington Avenue to 17' Street
The Project's design concept and scope have not changed significantly from what was analyzed in the
RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the
plan, are conforming projects and would have air quality impacts consistent with those identified in the
state implementation plans (SIPS) for achieving the National Ambient Air Quality Standards (NAAQS).
The Federal Highway Administration (FHWA) determined the RTIP to conform to the SIP.
1.4 Project Description
1.4.1 Bristol Street Widening Phase 1116 Project Area
Phase IIIB of the Bristol Street Widening Project involves the widening of Bristol Street between
Washington Avenue and 176' Street from four lanes to six lanes with a 150 -foot wide right -of -way cross
section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in
each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 15 -foot wide parkway; and
10 -foot sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of
1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections,
the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each
direction.
Street signs and utilities including electric power lines, telephone poles, and street lighting would be
relocated to new locations within the Project area along Bristol Street. Street furniture, including benches
and bus shelters, would be provided at bus stop locations. Affected trees would be replanted.
During the one -year construction period (anticipated to be early 2015 to early 2016), one lane in each
direction would remain open and existing driveway accesses along Bristol Street would be retained at all
times. The maximum excavation depth would be three feet for roadway excavation, and approximately 10
feet for utility /drainage excavation.
1.4.2 Property Acquisition
A total of 14 properties (parcels), as listed in Table 1, would be fully acquired as a result of the proposed
widening of Bristol Street between Washington Avenue and 17 °i Street (refer to Figure 4 [Property
Acquisitions] for the locations of affected properties). More specifically, the proposed Project, and
associated right -of -way, would result in the full acquisition by the City of Santa Ana, of five single -
family residential parcels; two parcels representing commercial uses; and seven parcels characterized as
office -type use. Parcel 405- 272 -11 is within the project limits; however, this parcel is owned by the City.
The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana.
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132597 CM PAGE 9
55B -16
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase //IS — Washington Avenue to 17'h Street
TABLE1 PROPERTY
405 - 252 -17 1417 N Bristol Street GC SP1 Office (Dentist)
405 - 252 -18 1421 N Bristol Street GC SP1 Single Family Residential
GC SP1
405 - 252 -20 1501 N Bristol Street GC SP1 Commercial (Restaurant)
405 - 252 -21 1601 N Bristol Street GC SP1 Office (Dentist)
405 - 252 -22
1607 N Bristol Street
GC
SP1
Office (Income Tax Preparation)
405 - 272 -11
1303 N Bristol Street
GC
SP1
Vacant (City Owned)
405 - 272 -12
1311 N Bristol Street
GC
SP1
Office (Dentist)
405 - 272 -13
1315 N Bristol Street
GC
SP1
Single Family Residential
405 - 272 -14
1319 N Bristol Street
GC
SP1
Single Familv Residential
ANA 111-334 (PER -02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE FO
55B -17
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 171" Street
1.4.3 Changes as Compared to the Approved Project
It should be noted that Project phasing has been revised from the original three phases identified in the
1990 FEIS /EIR. Construction phasing of the entire Project segment has been further subdivided as
follows:
• St. Andrew Place to McFadden Avenue (Constructed in 2002)
• Elm Street to Memory Lane (Constructed in 2003)
• Pine Street to 3'a Street (Constructed in 2009)
• Phase I: McFadden Avenue to Pine Street (Constructed in 2011)'
• Phase II: 3`a Street to Civic Center Drive (Under construction to be completed in 2014)
• Phase IIIA: Civic Center Drive to Washington Avenue
• Phase IIIB: Washington Avenue to 176' Street
• Phase IV: Warner Avenue to St. Andrew Place
• Phase V: 17 "' Street to Elm Street
The proposed street widening design configuration for the current Phase IIIB segment (proposed Project
addressed herein) differs from the original configuration of the 1990 FEIS /EIR, as follows:
• The proposed Project eliminates the dedicated eastbound right -tam lane and proposes a shared
right -turn lane in its place at the intersection of Bristol Street and 176' Street.
• The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers
(soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street
between Civic Center Drive and 1701 Street. However, and using current noise modeling
methodology (URS Corporation, 2012c), noise abatement in the form of noise barriers is not
required for the proposed Project.
• For purposes of aesthetic treatment and enhancement, the proposed Project would install an
approximately 8 -foot high block wall at approximately the same location where the soundwall
was previously recommended (as addressed in the 1990 FEIS /EIR).
' Phase numbers were assigned to the Bristol Street Widening Project subsequent to caneelation of the CenterLine Light Rail
Transit Project and associated reallocation of funding from that canceled project to the Bristol Street Widening Project,
ANA 11I -334 (PER- 02 -01) CITY OF SANTA ANA (11 /25/2013 REV2) 132897 CM PACE 12
55B -19
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
The proposed Project lane configuration is shown on Figure 5 (Proposed Project Lane Geometries),
whereas the lane configurations from the original approved 1990 FEIS /EIR are shown on Figures 6A and
6B (1990 FEIS/EIR Proposed Lane Geometries). The proposed block wall, as described above, is also
illustrated on Figure 5.
Since approval of the 1990 FEIS /EIR, the City of Santa Ana implemented several zone changes to Project
area parcels through approval of the Bristol Street Corridor Specific Plan. Also during this time, Parcel
405- 252 -20 was identified as four commercial full takes; however, it is now identified as one commercial
full take.
An assessment of construction and Project related GHG emissions was also not addressed in the 1990
FEIS /EIR, and as a result is addressed in this Addendum.
1.4.5 Construction Timeframe
Construction activities associated with the proposed Project would occur following acquisition of the
required parcels. Construction of the proposed Project is anticipated to begin in early 2015 and be
completed within approximately one year (early 2016).
1.5 Discretionary Actions
This Addendum must be adopted by the City of Santa Ana City Council as to its adequacy in complying
with the requirements of CEQA and the previously approved 1990 FEIS /EIR. The City Council will
consider the information contained in the Addendum and the 1990 FEIS /EIR in making a decision to
approve or deny the proposed Project. No discretionary actions with regards to the National
Environmental Policy Act (NEPA) or changes are proposed pursuant to NEPA.
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM 'PAGE 13
55B -20
1 �
t
I
t 12e
Tr it z-r I +r v 0 ,a z rz w
r� 1
{
aQf
f+ fil
y; W' 17� 12' 6 X1 7Y 17. .Y1' 17 N
�21
m: -
I i
Bristol Stre$t 1
NORTH
SOURCE, FIGURE 6A
FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL
STREET FROM WARNERAVENUE TO MEMORY LANE, IN THE CITY OF SANTAANA. WILDAN ASSOCIATES. 1990, 1990 FEISIE IR
PROPOSED LANE
GEOMETRICS
BRISTOL STREET
WIDENING PROJECT
WASHINGTON AVENUE
TO 17TH STREET
(PHASE IIIB)
55B -22
120'
4 ----l- 1100
19, 12' 112' i0 12' 12' t8'
19' `12' 12' V 10' 12' 12' 1B'
100'
120'
Bristol Street
4
NORTH
SOURCE:
FIGURE 613
FINAL ENVIRONMENTAL IMPACT STATEMENTIENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL
1990 F EISIE IR
STREET FROM WARNERAVENUE TO MEMORY LANE, IN THE CITY OF SANTAANA. WILDAN ASSOCIATES. 1990.
PROPOSED LANE
GEOMETRICS
BRISTOL STREET
WIDENING PROJECT
WASHINGTON AVENUE
TO 17TH STREET
(PHASE HIS)
55B -23
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
2.0 ENVIRONMENTAL CHECKLIST
2.1 Background
Project Title: Bristol Street Widening, Phase IIIB Project
Lead Agency Name and Address:
City of Santa Ana
20 Civic Center Plaza, M -36
Santa Ana, CA 92702
Contact Person and Phone Number:
Kenny Nguyen, P.E.
Senior Civil Engineer
City of Santa Ana
(714) 647 -5632
Project Location: Bristol Street from Washington Avenue to 17t1i Street in the City of Santa Ana.
Project Sponsor's Name and Address:
City of Santa Ana
20 Civic Center Plaza, M -36
Santa Ana, CA 92702
General Plan Designation: General Commercial (GC)
Zoning: Specific Plan (SP 1)
Description of Project:
The City of Santa Ana is proposing to widen the Bristol Street between Washington Avenue and 17t"
Street from four lanes to six lanes with a 150 -foot wide right -of -way cross section including a 14 -foot
wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide
Class II bike lane on each side of the roadway; a 15 -foot wide parkway; and 10 -foot sidewalks with curb
ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 requirements) on both
sides of the roadway. As Bristol Street approaches its intersection with 17t11 Street, the landscaped center
median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The
widening would require fall acquisitions of 14 parcels fronting Bristol Street as detailed in Table I
(Property Acquisitions) of this Addendum. The proposed Project would also install an approximately 8-
foot high block wall at approximately the same location where the soundwall was previously
recommended (as addressed in the 1990 FEIS /EIR).
Surrounding Land Uses and Setting:
The Project site is located within a fully developed urban area within the City of Santa Ana. Areas
surrounding the Project site consist of various urban uses such as institutional facilities, commercial and
retail facilities, and single- and multi- family residences.
Other Public Agencies Whose Approval is Required (e.g., permits, financing, or participation
agreement): City of Santa Ana
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE 17
55B -24
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17'h Street
3.0 ENVIRONMENTAL CONSEQUENCES
This section describes the effects of the proposed Project as compared to those identified in the previously
approved 1990 FEIS /EIR document, and to existing conditions and any changes in regulatory setting
since the previously approved 1990 FEIS /EIR. Furthermore, this section analyzes the potential
environmental impacts associated with the proposed Project. The issue areas evaluated in this document
include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to
evaluate the proposed Project changes for which an FEIS/EIR has been previously approved (in 1990) to
assist in the determination of the need for a supplemental EIS /EIR or an Addendum.
The modified Initial Study checklist, comparing the effects of the Project modifications as compared to
those analyzed in the 1990 FEIS /EIR, is found in Appendix A.
• Aesthetics
•
Land Use
• Agricultural and Forestry Resources
•
Mineral Resources
• Air Quality
•
Noise
• Biological Resources
•
Population and Housing
• Cultural Resources
•
Public Services
• Geology and Soils
•
Recreation
• Greenhouse Gas Emissions
•
Transportation/Traffic
• Hazards and Hazardous Materials
•
Utilities /Service Systems
• Hydrology /Water Quality
•
Mandatory Findings of Significance
A summary of impacts of the previously approved Project and the mitigation measures imposed is
provided along with an analysis of the potential impacts resulting from the proposed Project and whether
those impacts substantially exceeds those discussed in the previously approved 1990 FEIS /EIR.
3.1 Aesthetics
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections A - Landform Modification, G - Urban Landscaping, J - Light and Glare, and K - Aesthetic
Considerations of the previously approved 1990 FEIS /EIR.
a.) Have a substantial adverse effect on a scenic vista?
The proposed Project would not result in any significant modifications or changes from the previously
approved 1990 FEIS /EIR. The Project is located within a highly developed urban area of the City of Santa
Ana. No scenic vistas are located within the Project area. No impact to scenic vistas would result from the
proposed Project.
Mitigation Measures
No new additional mitigation measures are required.
ANA I It -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM
55B -25
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`b Street
b.) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
and historic buildings within a state scenic highway?
There are no state - designated scenic highways within the Project area, nor is the Project area visible from
any scenic highways. No impacts are anticipated in this regard.
Mitigation Measures
No new additional mitigation measures are required.
c.) Substantially degrade the existing visual character or quality of the site and its surroundings?
The proposed Project is located in a highly urbanized area of the City of Santa Ana. Although the
proposed Project would result in modifications to the visual character of the area resulting from the
widening of Bristol Street and resultant property acquisitions, as well as the addition of an 8 -foot high
block wall at approximately the same location where the soundwall was previously addressed in the 1990
FEIS/EIR, the Project would not result in substantial changes in visual character as analyzed in the 1990
FEIS /EIR. Implementation of mitigation measures as included in the previously approved 1990
FEIS /EIR, including installation of a block wall as described above, would ensure that impacts are
reduced to a less than significant level.
Although the proposed block wall is no longer warranted for purposes of noise abatement based on the
updated Project noise analysis (URS Corporation, 2012c), the wall, as further described in the 1990
FEIS /EIR, was taken into consideration as a Project - related component in the context of providing
improved visual continuity within the Bristol Street corridor; not constructing the proposed block wall
would detract from providing an aesthetically unified streetscape along the Project corridor.
Mitigation Measures
No additional new mitigation measures are required.
d.) Create a new source of substantial light or glare that would adversely affect day or nighttime
views in the area?
Light and glare are currently generated from various sources within the Project area (e.g., commercial and
retail businesses, signage, street lighting, and parking lot lighting). The proposed Project does not involve
the construction of any structures other than relocation of street lighting fixtures. Therefore, no new
sources of light or glare are anticipated with implementation of the proposed Project. The proposed
Project would not generate additional daytime or nighttime illumination beyond that currently
experienced within the area. Implementation of the proposed Project would not create more significant
light and glare impacts than previously analyzed in the 1990 FEIS /EIR.
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/203 REV2) 132897 CM PAGE 19
55B -26
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase HIS — Washington Avenue to 17'h Street
Mitigation Measures
No additional new mitigation measures are required.
3.2 Agricultural Resources
The previously approved 1990 FEIS /EIR did not include evaluation for agricultural resources, as no
agricultural resources are located within the area of analysis.
a.) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non- agricultural use?
The Project site is located within a highly urbanized area of the City of Santa Ana. No Prime, Unique, or
Farmland of Statewide Importance is located in the vicinity of the Project site. No impacts would result
from the proposed Project. The proposed Project would not result in greater impacts than previously
analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
b.) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the
Project area are designated General Commercial as identified in the City of Santa Ana's General Plan.
The zoning designation of properties within the Project area is Specific Plan (SPl) which allows for a
variety of land uses such as commercial, office, residential and open space as provided in the approved
Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not
conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not
result in greater impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
c.) Conflict with existing zoning for, or cause rezoning, of, forest land (as defined in Public
Resources Code section 122200), timberland (as defined by Public Resources Code section
4526), or timberland zoned Timberland Production (as defined by Government Code section
51104(g))?
The ,Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the
Project area are designated General Commercial as identified in the City of Santa Ana's General Plan.
The zoning designation of properties within the Project area is Specific Plan (SP1) which allows for a
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGF.20
55B -27
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase HIS — Washington Avenue to 17°i Street
variety of land uses such as commercial, office, residential and open space as provided in the approved
Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not
conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not
result in greater impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
d.) Result in the loss offerest land or conversion of forest land to non forest use?
The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is
located on site or in the vicinity. Implementation of the proposed Project would not result in greater
impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
e.) Involve other changes in the existing environment which, due to their location or nature, could
result in conversion of Farmland, to non- agricultural use or conversion of forest land to non -
forest use?
The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is
located on site or in the vicinity. Implementation of the proposed Project would not result in greater
impacts than previously analyzed, regarding farmland, in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
3.3 Air Quality
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections H - Air Quality and V - Construction Impacts of the previously approved 1990 FEIS /EIR.
a.) Conflict with or obstruct implementation of the applicable air quality plan?
The Bristol Street Widening Project is frilly funded and included in SCAG's 2012 Regional
Transportation Plan titled 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy
(RTP /SCS): Towards a Sustainable Future (2012 RTP) (RTP ID ORA125). The project is also currently
listed in SCAG's financially constrained 2013 Federal Transportation Improvement Program (2013 FTIP)
for fiscal year 2012/2013 — 2015/2016. The project entry in the 2013 FTIP identifies the following scope
of work: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT
ANA 111 -334 (PER-02-01) crry OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 21
55B -28
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17' Street
BRISTOLIWARNER (ADD NBIEBISB THRU LNS; WB RT TRN LN) AND BRISTOLIFIRST (ADD NBISB THRU LNS;
SB LFT/RT/TRN LNS).
The Project's design concept and scope have not changed significantly from what was analyzed in the
RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the
plan, are conforming projects and would have air quality impacts consistent with those identified in the
SIPS for achieving the NAAQS. The FHWA determined the RTIP to conform to the SIP.
The proposed widening of Bristol Street, from Warner Avenue to Memory Lane has been included in the
FTIP since 1992. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified
in the SIP and provides sufficient funds to provide for their implementation. The FHWA determined the
FTIP to conform to the SIP on April 2, 2009. No significant impacts would occur. Implementation of the
proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR.
Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental
Protection Agency (EPA) as nonattainment for ozone (03), and particulate matter (PM10 and PM2.5).
The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds
to determine whether or not a project would contribute to air pollutant violations. If a project exceeds the
regional air pollutant thresholds, then the project would substantially contribute to air quality violations in
the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions
result in an exceedance of the ambient air quality standards (AAQS).
Based on the Air Quality Assessment Report performed by URS Corporation (2013) for the Project,
short -term emissions generated during Project - related construction activities would not exceed the
SCAQMD regional emissions thresholds for any of the criteria pollutants and also would not substantially
elevate localized concentrations of these pollutants. Consequently, the Project would be consistent with
the Air Quality Management Plant (AQMP). Long -term emissions generated by the Project would not
exceed the SCAQMD thresholds for regional emissions and would therefore also not contribute to an
increase in frequency or severity of air quality violations.
The proposed Project would be consistent with the Major Arterial designation of the City of Santa Ana
General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways.
Additionally, the Project would improve traffic flow and result in a reduction in air pollutant emissions.
Mitigation Measures
No additional new mitigation measures are required.
b.) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
Short -term emissions were modeled for the construction phase of the proposed Project. Construction
activities associated with the Project would include demolition of pavement and buildings, fine grading,
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 22
55B -29
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17" Street
trenching, paving, and development of ancillary structures. During construction activities, emissions from
heavy equipment exhaust, delivery trucks, and fugitive dust would be generated for a short duration. To
accurately determine the significance of air quality impacts from construction activities, construction
emissions are quantified and compared to the significance thresholds set by the SCAQMD. Project -
specific data, such as construction timelines and dimensions of the Project site, along with general
operating guidelines, were used as inputs to the SCAQMD's California Emissions Estimator Model
(CalEEMOd) (version 2011.1.1) to quantify construction emissions. As shown in Table 2, emissions
calculated by this model were compared to the SCAQMD's regional significance thresholds to determine
whether project emissions would result in a significant air quality impact.
As shown in Table 2, emissions attributable to construction of the proposed Project were found to be
below the significance thresholds adopted by the SCAQMD for all the analyzed air pollutants. Because
emissions were found to be below the SCAQMD's significance thresholds, Project related construction
emissions are not considered by the SCAQMD to result in a significant air quality impact. In addition,
mitigation measures included in the 1990 FEIS /EIR would further reduce construction- related air quality
impacts.
TABLE 2
Source: Air Quality Assessment Report (URS 2013a),
Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PMin = particulate matter less
than less than or equal to 10 microns in diameter; P102.5 = particulate matter less than less than or equal to 2.5 microns in diameter.
An assessment of regional emissions associated with the operations phase of the proposed Project was
also conducted which compared emissions with and without the proposed Project. Air pollutant emissions
generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed.
Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion
would be alleviated and average vehicle speeds would increase along improved roadway segments. Table
3 shows the emissions that would occur with and without the proposed Project based on the average
vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project
Alternative as opposed to the No Project Alternative due to the lower emission rates associated with
higher average vehicle speeds. The SCAQMD has established significance thresholds to determine
whether the operations phase of projects would result in significant impacts to regional air quality. The
proposed Project would result in air pollutant emissions which are below these significance thresholds
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 RHV2) 132897 CM PAGE 23
55B -30
yOc
NOx
c0
S02
PM10
PM2.5
Demolition
9
70
44
<1
12
3
Trenching
5
41
19
<1
2
2
Grading
8
60
34
<1
6
4
Paving
3
16
11
<1
2
1
Maximum
9
70
44
<1
12
4
SCAQMD Threshold
75
100
550
150
150
55
Exceeds Threshold?
No
No
No
No
No
No
Source: Air Quality Assessment Report (URS 2013a),
Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PMin = particulate matter less
than less than or equal to 10 microns in diameter; P102.5 = particulate matter less than less than or equal to 2.5 microns in diameter.
An assessment of regional emissions associated with the operations phase of the proposed Project was
also conducted which compared emissions with and without the proposed Project. Air pollutant emissions
generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed.
Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion
would be alleviated and average vehicle speeds would increase along improved roadway segments. Table
3 shows the emissions that would occur with and without the proposed Project based on the average
vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project
Alternative as opposed to the No Project Alternative due to the lower emission rates associated with
higher average vehicle speeds. The SCAQMD has established significance thresholds to determine
whether the operations phase of projects would result in significant impacts to regional air quality. The
proposed Project would result in air pollutant emissions which are below these significance thresholds
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 RHV2) 132897 CM PAGE 23
55B -30
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
and would result in a beneficial impact on air pollutant emissions due to improvements in operational
phase efficiencies along Project roadway segments for the 2015 Project opening year.
Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle
speed and emission rates that would occur with and without the proposed Project. As shown in Table 4,
air pollutant emissions occurring under the With - Project Alternative would be less than under the No
Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the
Proposed Project for the 2035 Project design year would likewise result in emissions which are below the
SCAQMD's significance thresholds and would result in a beneficial impact relative to greenhouse gas
(GHG) emissions due to improvements in operational phase efficiencies along Project roadway segments.
Mitigation Measures
No additional new mitigation measures are required.
TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS
Bristol Street Between
Seventeenth Street and 13 82 6 14 0 2 2
Washington Avenue
Seventeenth Street and 25 62 3 11
Washinoton Avenue
Difference between No Proiect and with Project Emissions
Bristol Street Between
Seventeenth Street and -20 -3 -3 0 -1 -1
Washington Avenue
SCAQMD Significance
Thresholds 550 55 55 150 150 55
Exceeds Thresholds No No No No No No
Source: Air Quality Assessment Report (URS 2013a).
Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PM10 =
particulate matter less than less than or equal to 10 microns in diameter; PM2.5 = particulate matter less than less than or equal to 2.5 microns
in diameter.
Seventeenth Street and 13 42 3 7 0 3 2
Washinaton Avenue
Year 2035 with Project
Bristol Street Between
Seventeenth Street and 15 39 3 6 0 2 2
Washinaton Avenue
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 24
55B -31
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB - Washington Avenue to 17°i Street
Difference between No Project and with Project Emissions
Bristol Street Between
Seventeenth Street and -2 -1 -1 0 0 0
Washington Avenue
SCAQMD Significance 550 55 55 150 150 55
Thresholds
Exceeds Thresholds No No No No No No
Source: Air Quality Assessment Report (URS 2013a).
Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMio =
particulate matter less than less than or equal to 10 microns in diameter; PM2.5= particulate matter less than less than or equal to 2.5 microns
in diameter,
c.) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non - attainment under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative thresholds for ozone precursors)?
The SCAB is designated by the EPA and the State as being nonattainment for 03, PMIo, and PM8.5• In
accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less
than the daily threshold values does not add significantly to a cumulative impact. As mentioned above,
the development of the proposed Project demonstrates that construction and operational activities would
not result in emissions in excess of SCAQMD's threshold values. Since the proposed Project would not
exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the
SCAQMD does not consider emissions from the Project's emissions to add significantly to any
cumulative impact. Furthermore, it should be noted that the proposed Project would increase the capacity
of Bristol Street from Washington Avenue to 1701 Street to address existing and projected traffic
congestion. Increases in roadway capacity would result in improvement in the LOS along Bristol Street.
The improvement in LOS would result in increases in average vehicle speed and reductions in the amount
of delay vehicles experience at intersections thereby resulting in both lower emissions and lower
emissions rates associated with higher vehicle speeds. As such, the Project would continue to result in a
beneficial impact. Implementation of the proposed Project would not result in greater impacts than
previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
d.) Expose sensitive receptors to substantial pollutant concentrations?
A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it
would cause or contribute substantially to elevated pollutant concentration levels or place the Project in
an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local
sensitive receptors has been conducted for both the constriction and operations phases of the Project.
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55B -32
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street
Localized Construction Impacts
Localized air pollutant emissions are evaluated relative to the exposure of local sensitive uses to air
pollutant concentrations generated by the proposed Project. These are pollutant concentrations which can
be directly correlated to the health -based ambient air quality standards. This differs from regional
emissions which were discussed previously in that regional emissions are used to assess how much air
pollution is generated within an air basin and does not have a direct correlation with health effects.
Localized Significance Thresholds (LSTs) have been developed by the SCAQMD for nitrogen oxides
(NOx), carbon monoxide (CO), PMtc, and PM2.5• The LSTs determine whether project - related emissions
would substantially contribute to or exceed the ambient air quality standards and expose sensitive
receptors to excessive concentrations of air pollutants. The LSTs differ based on distance such that a
greater allowance in air pollutant emissions is allowed for construction activities occurring further from a
sensitive use and a lesser allowance in emissions is given for construction activities occurring closer to
sensitive uses.
Only short -term emissions occurring at the Project site for the Project's construction phase were included
to determine if sensitive receptors local to the Project site would be adversely affected. Emissions
generated by construction activities disperse rapidly with distance from the construction site. Individual
construction phases were compared against the SCAQMD's LST significance criteria. As shown in Table
5, Project emissions would not exceed the LST screening level criteria for CO, nitrogen dioxide (NO2),
PMto> or PM2.5. Because emissions associated with this alternative would be less than the LST, onsite
construction emissions would not be expected to exceed the federal or California AAQS at the nearest
sensitive receptors. As such, no significant air quality impacts related to localized air pollutants would
occur from the construction phase.
TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION
ACTIVITIES
a ; A CONSTRPCTION PKASE'
CRITA
,SIDA
NOx
CO
PM10
PMss
Demolition
66
41
4
3
Grading
60
34
6
4
Trenching
41
19
2
2
Paving
16
11
1
1
SCAQMD Threshold
183
1253
13
7
Exceeds Threshold?
No
No
No
No
Source: Air Quality Assessment Report(URS 2013a).
Notes. NOx = nitrogen oxides; CO = carbon monoxide; Mo = particulate matter less than less than or equal to 10 microns in diameter;
PM26 = particulate matter less than less than or equal to 2.5 microns in diameter.
Intersection Hot-Spots
While the proposed Project would not result in any direct sources of localized emissions due to the
roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the Project
may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 26
55B -33
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17' Street
to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the
primary source of local emissions within the study area. Localized areas where ambient concentrations
exceed national and/or state standards for CO are known as hotspots. The SCAQMD defines typical
sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term
health care facilities, rehabilitation centers, convalescent centers, and retirement homes.
Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into
the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO
concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots."
These pockets have the potential to exceed the state one -hour standard of 20 parts per million (ppm) or
the eight -hour standard of 9 ppm. Note that the federal levels are based on one- and eight -hour standards
of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards
before the federal standards.
The following intersections were modeled for CO hotspots as detailed in the Air Quality Assessment
Report (URS 2013):
• Bristol Street and 17s' Street
• Bristol Street and Washington Avenue
As shown in Table 6, both the 1- and 8 -hour CO concentrations at the intersections that were affected by
the proposed Project would be substantially below the California and federal AAQS for CO. Potential CO
impacts related to the Project alternatives are below AAQS and would not result in a significant air
quality impact from CO hotspots.
Bristol Street and 17th Street
Northeast Receptor 6.9
20
4.7
9.0
No
No
Southeast Receptor 6.9
20
4.7
9.0
No
No
Southwest Receptor 7.0
20
4.7
9.0
No
No
Northwest Receptor 6.9
20
4.7
9.0
No
No
Bristol Street and Washington Avenue
Northeast Receptor 6.6
20
4.5
9.0
No
No
Southeast Receptor 6.6
20
4.5
9.0
No
No
Southwest Receptor 6.7
20
4.5
9.0
No
No
Northwest Receptor 6.7
20
4.5
9.0
No
No
Source: Air Quality Assessment Report (URS 2013a).
Note: CAAQS = California Ambient Air Quality Standards.
As discussed previously, the proposed Project would not result in air pollutant concentrations that exceed
the SCAQMD's LSTs for construction activities. In addition, the operations phase of the Project would
not result in CO hotspots. As such, the construction and operations phases of the Project would not result
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17`h Street
in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant
concentrations.
Mitigation Measures
No additional new mitigation measures are required.
e.) Create objectionable odors affecting a substantial number ofpeople?
Construction activities associated with the proposed Project may generate detectable odors from heavy -
duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory
in nature and would not create objectionable odors affecting a substantial number of people. The impacts
from these odors would be short-term, would cease upon Project completion, and are not anticipated to be
significant. hnplementation of the proposed Project would not result in greater impacts than previously
analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No additional new mitigation measures are required.
3.4 Biological Resources
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsection E - Streambed Modification, of the previously approved 1990 FEIS /EIR.
a.) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service?
The Project site is located within a highly urbanized area within the City of Santa Ana. No sensitive
natural habitat or special - status species exist on or in the vicinity of the proposed Project (Natural
Environment Study [Minimal Impacts], URS Corporation, April 2011). Implementation of the proposed
Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Have a substantial adverse effect on any riparian habitat or other sensitive natural community
identifled in local or regional plans, policies, or regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service?
Refer to response in 3.4 (a.), above. No riparian 'habitat or other sensitive natural communities are
identified in the Project area or vicinity. Implementation of the proposed Project would not result in
greater impacts than previously analyzed in the 1990 FEIS /EIR.
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ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118— Washington Avenue to 17 h Street
Mitigation Measures
No new additional mitigation measures are required.
c.) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
Refer to response in 3.4 (a.), above. No federally protected wetlands are identified in the Project area or
vicinity. The proposed Project is located within a highly urbanized area of the City of Santa Ana.
Implementation of the proposed Project would not result in greater impacts than previously analyzed in
the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
d.) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
The proposed Project is located within a highly urbanized area of the City of Santa Ana. The Project
would not interfere with the movement of any native resident or migratory fish or wildlife species,
corridors, or impede the use of native wildlife nursery sites, as none are located within the Project area.
Implementation of the proposed Project would not result in greater impacts than previously analyzed in
the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
The proposed Project may result in the removal of existing landscaping, including trees. As such, removal
or planting of trees is required to comply with the City of Santa Ana Municipal Code, Chapter 33, Article
VII, Regulation of the Planting, Maintenance, and Removal of Trees. Furthermore, the proposed Project
would not conflict with the City's tree ordinance. Implementation of the proposed Project would not
result in greater impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
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ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17' Street
f.) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan?
The Project site is not located within a habitat conservation plan. Implementation of the proposed Project
would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.5 Cultural Resources
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsection T - Cultural Resources, of the previously approved 1990 FEIS /EIR.
a.) Cause a substantial adverse change in the significance of a historical resource as defined in
§15064.5?
A Historic Resources Evaluation Report (URS Corporation, 2012a) was prepared for the Project to
document identification, recordation, and evaluation efforts for architectural resources, such as buildings,
strictures, objects, districts, and linear features within the Project area. The Historic Resources Evaluation
Report concludes with the finding that none of the properties within the Area of Potential Effect (APE)
appear to meet the criterion for listing in the National Register of Historic Places or California Register of
Historical Resources (CRHR). The historic -period properties within the APE also have been evaluated in
accordance with Section 15064.5(x)(2) -(3) of the CEQA Guidelines, using the criteria outlined in Section
5024.1 of the California Public Resources Code (CPRC), and do not appear to be historical resources for
purposes of CEQA. Implementation of the proposed Project would not result in greater impacts than
previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Cause a substantial adverse change in the significance of an archaeological resource pursuant to
§ 15064.5?
Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of
proposed excavations, the potential to uncover archaeological resources is considered low. However,
implementation of mitigation measures as included in the previously approved 1990 FEIS /EIR would
reduce impacts to archaeological resources yet uncovered or undiscovered. The proposed Project would
not result in archaeological impacts greater than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
c.) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
As documented in Chapter VI, Resources Element, of the County of Orange General Plan, the Project site
is not located in an area of paleontological sensitivity. Also, the proposed Project would involve only
shallow excavation. Furthermore, since the Project area is already developed, the potential for discovering
paleontological resources during construction is low. Soils occurring in the Project area are mostly
Quaternary Alluvium. Typically, these deposits are less than 10,000 years old, and not likely to contain
important fossils. No greater impacts to paleontological resources than previously analyzed in the 1990
FEIS /EIR would result from Project implementation.
Mitigation Measures
No new additional mitigation measures are required.
d.) Disturb any human remains, including those interred outside offormal cemeteries?
The Project site is located within a highly urbanized area within the City of Santa Ana. No formal
cemeteries are located within the Project area or vicinity. However, in the event that human remains are
uncovered during grading or excavation, contractors are required to comply with the procedures and
requirements set forth in the California Health and Safety Code Section 7050.5 and CPRC Section
2098.98. The County Coroner and, in the event that the remains are Native American, the Native
American Heritage Commission would be notified and, in turn, would notify those persons believed to be
most likely descended from the deceased for appropriate disposition of the remains. The proposed Project
would not result in an impact to human remains greater than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.6 Geology and Soils
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections A - Landform Modification, B - Seismic Hazards, C - Erosion Impacts, and F - Water
Quality, of the previously approved 1990 FEIS/EIR.
a.)i Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
The City of Santa Ana is not included in the Alquist - Priolo Earthquake Fault Zoning Map. The Project
site is not underlain by an active fault and the closest fault, the Newport- Inglewood Fault, is
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
approximately eight miles to the west. The proposed widening would not result in greater impacts than
previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
a.)ii Strong seismic ground shaking?
The Newport- Inglewood Fault is the closest fault to the Project site and is the most likely source of
ground shaking impacts. The proposed Project is an intersection widening project and would not expose
people or structures to adverse ground shaking impact. The proposed widening would not result in greater
impacts than previously analyzed in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
a.)iii Seismic- relatedgroundfailure,including liquefaction?
The Project site is not identified by the 1990 FEIS /EIR as having a high liquefaction potential but is near
areas classified as having high to medium liquefaction potential. In addition, the Project would be
constructed to achieve the standards outlined in the California Building Code to reduce impacts in this
regard. Consequently, the proposed Project would not expose people or structures to potential liquefaction
impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990
FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
a.)iv Landslides?
The proposed Project site is generally flat and does not contain any significant slopes. The proposed
Project would not result in greater impacts than previously analyzed in the 1990 Final EIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Result in substantial sail erosion or the loss of topsoil?
Exposure of barren rock and soil surfaces during construction would result in soil erosion. However,
considering the slight gradient, anticipated erosion impact is minimal. Furthermore, the Project would be
subject to National Pollutant Discharge Elimination System (NPDES) permitting regulation, including the
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ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase I118 — Washington Avenue to 17'^ Street
development and implementation of a Stormwater Pollution Prevention Plan ( SWPPP) during
construction activities. The SWPPP requires construction contractors to implement best management
practices (BMPs) to reduce sediment from impacting the storm water system. The increased erosion
impact due to the intersection widening would not be substantially greater than previously analyzed.
c.) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of
the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence,
liquefaction or collapse?
The 1990 FEIS /EIR indicated that there are no instances of undisturbed, natural soils. The Project site is
underlain by well- drained alluvial fan or flood plains and is not included in the areas of high subsidence
or high liquefaction hazard (but located south of an area identified as having high to medium subsidence
for liquefaction). The Project area is fully developed with urban uses within the City of Santa Ana. The
proposed Project would be constructed in accordance with the standards of the Uniform Building Code
(UBC). The proposed Project would not create greater impact than previously analyzed in the 1990
FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
d.) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994),
creating substantial risks to life or property?
The proposed Project would not include the construction of any structures other than relocation of
existing utilities. The proposed Project would not create substantial risks to life or property and the
proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water
disposal systems where sewers are not available for the disposal of waste water?
The proposed Project would not generate any sewage or wastewater and would not require installation of
any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard.
Mitigation Measures
No new additional mitigation measures are required.
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
3.7 Greenhouse Gas Emissions
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections H - Air Quality, and V - Construction Impacts of the 1990 FEIS /EIR.
a.) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant
impact on the environment?
Greenhouse gas emissions (GHG) were not evaluated in the 1990 FEIS /EIR. Construction activities
would consume fuel and result in the generation of GHG emissions. Construction of the Project is
anticipated to occur over a one -year period. Construction- related GHG emissions would cease upon
completion of the Project. Due to the length of construction activities, GHG emissions associated with
construction activities are anticipated to be minimal. Because construction emissions are not substantial
and would cease after completion of construction, GHG emissions would not be significant.
Furthermore, the Project proposes intersection widening of Bristol Street at 1761 Street and Washington
Avenue, therefore only carbon dioxide (CO2) emissions from mobile - sources are evaluated. Similar to the
other criteria pollutants, the highest emissions would occur between 0 to 10 miles per hour (mph) and 50
mph and above. Because the Project would improve traffic flow within the Project area, the Project would
result in reduced CO2 emissions. Consequently, GHG emissions associated with the Project would be less
than significant.
Mitigation Measures
No mitigation measures are required.
b.) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the
emissions ofgreenhouse gases?
The proposed Project would not conflict with applicable plans, policy, or regulations adopted for the
purpose of reducing the emissions of GHG. The proposed Project would result in improved traffic flow,
reduced vehicle idling times, and congestion. Implementation of the proposed Project would not result in
new impacts to GHG.
Mitigation Measures
No mitigation measures are required.
3.8 Hazards and Hazardous Materials
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections V - Construction Impacts, X - Hazardous Materials, of the 1990 Final EIS /EIR.
a.) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street
The proposed Project would involve demolition of existing structures. Compliance with the standard
protocol surveys and abating procedures would be required prior to any demolition activities that would
potentially disturb existing building materials. Furthermore, specific requirements limiting asbestos
emissions from building demolition activities are set forth in SCAQMD Rule 1403 (Asbestos Emission
from Demolition/Renovation Activities). The existing structures to be demolished and roadway pavement
striping are also required to be surveyed for lead -based paint prior to removal, in compliance with the
applicable local, state, and federal regulations administered through the California Division of
Occupational Safety and Health. Compliance with existing regulations would ensure that impacts are not
greater than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No mitigation measures are required.
b.) Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the environment?
Refer to response in 3.8 (a.), above. Compliance with existing regulations and mitigation measures from
the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed.
Mitigation Measures
No new additional mitigation measures are required.
c.) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one - quarter mile of an existing or proposed school?
As listed below in Table 7, there are four schools located within one- quarter mile of the Project site.
TABLE 7 SCHOOLS WITHIN THE PHASE 1116 PROJECT AREA
SCH00L`NAME
ADDRESS :,' ^. ,` =.DISTANCE
s ":.LOCATION
Gonzalo Felicitas Mendez Fundamental
2000 North Bristol Street
0.17 mile
Northwest of Bristol Street at 17th
Intermediate School
Santa Ana, CA 92706
Street intersection
Love 2 Learn Preschool & K
1200 West 17th Street
0.10 mile
East of Bristol Street at 17th Street
Santa Ana, CA 92706
intersection
Woodrow Wilson Elementary School
1317 North Baker Street
0.16 mile
Northeast of Bristol Street at
Santa Ana, CA 92706
Washington Avenue intersection
Santa Ana College
1530 West 17th Street
<0.10 mile
West of Bristol Street between
Santa Ana, CA 92706
Washington Avenue and 17th Street
Refer to response in 3.8 (a.), above. Health risks associated with Project construction - related activities
would be less than significant. Compliance with existing regulations would ensure that impacts are not
greater than previously analyzed in the 1990 FEIS /EIR.
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
Mitigation Measures
No new additional mitigation measures are required.
d.) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the
public or the environment?
The Project area is developed with residential, institutional, open space, commercial and retail uses.
Pursuant to the Initial Site Assessment prepared by URS Corporation (2013b), the Project site includes a
former service station location where gasoline was reported to have contaminated the groundwater; the
site is currently under -going site remediation through appropriate state and local agency standards as
required. Compliance with existing regulations and mitigation measures from the 1990 FEIS /EIR would
ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
The Project site is not within an airport land use plan. The closest airport to the site is John Wayne —
Orange County Airport, more than five miles southeast of the Project site. The proposed widening would
not introduce any new risks or increase risks associated with the Project.
Mitigation Measures
No new additional mitigation measures are required.
f.) For a project within the vicinity of a private airstrip, would the project result in a safety hazard
for people residing or working in the project area?
The Project site is not within the vicinity of a private airstrip and would not create any safety hazard. The
proposed Project would not create additional significant impact.
Mitigation Measures
No new additional mitigation measures are required.
g.) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
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ENVIRONMENTAL IMPACT REPORTADDENDUM
Street Widening Phase 1118 — Washington Avenue to 17`h Street
During construction, the disruption of traffic and access along Bristol Street between Washington Avenue
and 1761 Street would temporarily affect the mobility of emergency vehicles. However, provisions would
be made for interim access through the Project corridor and to adjoining properties; traffic control plans
would be prepared detailing provisions for vehicular movement and access through the Project corridor
during construction. Advance warning and information signs would be used to inform motorists during
the construction process. It is expected that two -way travel would be maintained along Bristol Street
during construction. Although the proposed Project may interfere with an emergency evacuation plan, it
would be short term during construction and mobility would improve once the Project is completed.
Compliance with mitigation measures from the 1990 FEIS /EIR would ensure that impacts are not greater
than previously analyzed in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
h.) Expose people or structures to a significant risk of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residences are intermixed
with wildlands?
The proposed Project is located in a highly urbanized area of the City of Santa Ana. There are no
wildlands in the Project vicinity and no new significant impacts would result with Project
implementation.
Mitigation Measures
No new additional mitigation measures are required.
3.9 Hydrology and Water Quality
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections C - Erosion Impacts, D - Floodplain /Floodway Encroachment, and F - Water Quality of the
1990 FEIS /EIR.
a.) Violate any water quality standards or waste discharge requirements?
Under Section 402 of the Clean Water Act (CWA), the EPA has established regulations under the NPDES
program to control direct storm water discharges. The proposed Project would be required to comply with
the NPDES program for the Santa Ana Regional Water Quality Control Board.
Construction Activities
Grading and excavation and use of hazardous materials during Project- related construction activities
would create potential sources of polluted discharge. The construction contractor is required to conform
to the requirements of the General Permit for Discharges of Storm Water Associated with Construction
Activity. Pursuant to the CWA, in 2009 the State Water Quality Control Board issued a statewide General
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIS — Washington Avenue to 17'" Street
Construction Permit for stormwater discharges from construction sites ( NPDES No. CAS000002; Order
No. 2009 - 2009 -DWQ, amended as Order No. 2012 - 0006 -DWQ). Under this General Construction
Permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are
required to either obtain individual NPDES permits for stormwater discharges or to be covered by the
General Construction Permit. In addition, BMPs specified in the Caltrans Storm Water Management Plan
are also applicable. The construction contractor is required to conform to the requirements of the General
NPDES Permit for Construction Activities and any subsequent General Permit in effect at the time of
Project construction.
As part of the statewide NPDES permit, the construction contractor would be required to implement
BMPs into their construction operations to reduce potential water quality impacts to the maximum extent
practicable through preparation of a SWPPP. The General Construction Permit contains requirements that
BMPs must meet, including:
Erosion Control
Erosion control, also called stabilization, is the protection of the soil surface so that soil particles do
not become detached by water or wind; and trapping soil particles that do become detached and are
moved by water or wind.
Non - Stormwater Management
Non - stormwater management is the reduction or avoidance of discharges other than stornwater, such
as from cleaning of vehicles and equipment, and spills of hazardous materials and hazardous wastes.
Non - stormwater management includes requirements for the use and storage of hazardous substances
so as to avoid spills and minimizes pollution by cleaning spills that do occur.
The SWPPP contains BMPs chosen for a project based on the specific activities that would be
conducted as part of that project, and the amounts of stormwater and non - stormwater runoff that are
anticipated, and the projected Risk Level. The 1990 FEIS /EIR included a mitigation measure to
control stormwater runoff associated with construction activities. Impacts would be less than
significant and would be similar to those identified in the 1990 FEIS/EIR. Moreover, the Project
would comply with the updated NPDES requirements, as described above.
Operational Phase
Vehicular travel along the improved Project corridor has the potential to degrade water quality,
including increases in such pollutants as oil, gasoline, grease, lead, and dust. Discharge from the
Project site to stormwater facilities would consist of non -point sources. Stormwater quality is
generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area,
and the quantity of transported sediments. Typical urban water quality pollutants usually result from
motor vehicle operations, oil and grease residue. The majority of pollutant loads are usually washed
away during the first flush of the storm occurring after the dry season period. Due to the nature of the
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55B -45
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`^ Street
proposed Project, occurring within an existing developed area, Project impacts are not considered
adverse. Therefore, impacts to water quality would be similar to those identified in the 1990
FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer volume or a lowering of the local groundwater
table level (e.g., the production rate of pre - existing nearby wells would drop to a level that would
not support existing land uses or planned uses for which permits have been granted)?
The proposed widening of Bristol Street, as addressed herein, would not result in increased water
consumption and would not deplete groundwater supplies. No impact to groundwater supplies would
result from the proposed Project. No mitigation measures are necessary. Impacts would be similar to
those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
c.) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner that would result in substantial erosion
or siltation on- or off -site?
The proposed Project would not alter the existing drainage pattern in the area. Storm drain improvements
would include the relocation and/or construction of catch basins and lateral drainage lines as necessary.
Therefore, implementation of the proposed Project would not result in a substantial erosion or siltation
on- or offsite due to drainage alteration. No mitigation measures are necessary. Impacts would be similar
to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
d) Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount of
surface runoff in a manner that would result in flooding on- or off - site?
Refer to response in 3.9 (e.), above. The proposed Project would not result in a substantial increase in
impervious ground surfaces, and therefore would not increase the rate or amount of surface runoff so as to
create on- or off-site flooding. Impacts would not be greater than previously analyzed in the 1990
FEIS /EIR.
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase HIS — Washington Avenue to 17' Street
Mitigation Measures
No new additional mitigation measures are required.
e.) Create or contribute runoff water which would exceed the capacity of existing or planned storm
water drainage systems or provide substantial additional sources ofpolluted runoff?
Refer to response in 3.9 (c.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
f.) Otherwise substantially degrade water quality?
Refer to response in 3.9 (c.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
g.) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
The proposed widening would not place any housing within a 100 -year flooding zone as mapped by the
Federal Emergency Management Agency; therefore, no impact would result from the proposed Project in
that regard. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
h.) Place within a 100 year flood hazard area structures which would impede or redirect flood
flows?
Refer to response in 3.9 (g.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
L) Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
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ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to I7`" Street
The proposed Project does not involve the development or placement of any structures, with exception of
relocation of utility poles. Therefore, the Project would not expose people or structures to a significant
flooding risk beyond that which already exists. No impact would result from the proposed Project.
Mitigation Measures
No new additional mitigation measures are required.
j.) Inundation by seiche, tsunami, or mudflow?
The Project site is located approximately 10 miles inland from the Pacific Ocean; therefore, the likelihood
of tsunami impacting the site is minimal. The Project site and vicinity are highly urbanized and there is no
unusual slope or geologic features in the area. The potential for seiche, tsunami, or mudflow impacting
the Project site is less than significant. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measure
No new additional mitigation measures are required.
3.10 Land Use and Planning
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsection A - Landform Modification, of the 1990 FEIS /EIR.
a.) Physically divide an established community?
The proposed Project involves the widening of Bristol Street between Washington Avenue and 171,
Street; the proposed widening would not divide an established community. Although the proposed
widening of Bristol Street within the Project limits would result in full acquisition of existing properties,
the Project would not create a physical barrier to, or separate a community. The proposed Project would
not introduce any significant land use impacts than previously analyzed. No significant impact would
result from the Project implementation. Impacts would be similar to those identified in the 1990
FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction
over the project (including, but not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an
environmental effect?
According to the City of Santa Ana's General Plan, the Project area is designated General Commercial
(GC). The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for
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a variety of land uses such as commercial, office, residential and open space as provided in the approved
Specific Plan document. The proposed Project would not result in changes to the land use designation of
the acquired parcels. The proposed Project is in compliance with the existing designation and would not
create a new conflict. No significant impact is anticipated. Impacts would be similar to those identified in
the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
c.) Conflict with any applicable habitat conservation plan or natural community conservation plan?
The Project site is not a part of any habitat conservation plan, and is located within a highly urbanized
area within the City of Santa Ana. The proposed widening would not conflict with any habitat
conservation plan or natural community. No impact is anticipated. Impacts would be similar to those
identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.11 Mineral Resources
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsection W - Consumption of Renewable and Non - Renewable Resources of the 1990 FEIS/EIR.
a.) Result in the loss of availability of a known mineral resource that would be of value to the region
and the residents of the state?
The Project site is currently developed and does not contain any areas that are utilized for the extraction
of mineral resources. Furthermore, the proposed Project would not involve excavation that would likely
identify previously unidentified mineral resources. No impact to mineral resources would result from the
proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Result in the loss of'availability of a locally - important mineral resource recovery site delineated
on a local general plan, specific plan or other land use plan?
The Project site is currently developed and is not delineated as a mineral resources recovery site by the
City of Santa Ana General Plan. Implementation of the proposed Project would have no impact on the
mineral resources and no mitigation measures are necessary. Impacts would be similar to those identified
in the 1990 FEIS /EIR.
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Mitigation Measures
No new additional mitigation measures are required.
3.12 Noise
This section corresponds with Section W - Environmental Consequences and Mitigation Measures,
Subsections I - Noise, and V - Construction Impacts of the 1990 FEIS /EIR.
a.) Exposure of persons to or generation of noise levels in excess of standards established in the
local general plan or noise ordinance, or applicable standards of other agencies?
The proposed Project involves widening of Bristol Street between Washington Avenue and 17`h Street in
an area that consists primarily of residential uses with some commercial uses (Category C) on the east
side of Bristol Street. Santa Ana College comprises the area on the west side of Bristol Street between
Washington Avenue and 1701 Street. As detailed in the Noise Study Report prepared by URS Corporation
(2012c), noise abatement in the form of noise barriers, as originally presented in the 1990 FEIS /EIR, is
not required for the Phase IIIB Project using current noise modeling methodology.
Mitigation Measures
No mitigation is required related to the operational (with - widening) phase of the Project; noise abatement
in the form of noise barriers (sound walls) is no longer required based on the updated Project noise
analysis.
b.) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise
levels?
Refer to response in 3.12 (a.), above. During Project construction, noise associated with construction may
intermittently dominate the noise environment in the immediate area of construction. As described in the
Noise Study Report prepared by URS Corporation (2012c), typical construction equipment for roadway
construction is expected to generate noise levels ranging from 74 to 89 decibels (dB) at a distance of 50
feet. However, no additional adverse noise impacts from construction are anticipated as construction
would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least
noise sensitive portions of the day. Construction equipment would be properly fitted and maintained
according to the manufacturer's specifications. Furthermore, construction noise would be short-term,
temporary, and cease upon completion of the proposed Project. Impacts would be similar to those
identified in the 1990 FEIS /EIR with implementation of mitigation measures, as identified in the 1990
FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
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c.) A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project?
Refer to response in 3.12 (a.) and (b.), above.
Mitigation Measures
No new additional mitigation measures are required.
d.) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project?
Refer to response 3.12 (b.), above, for discussion regarding temporary noise impacts associated with
Project construction.
Mitigation Measures
No new additional mitigation measures are required.
e.) For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
The Project site is not located within an airport land use plan. The nearest airport is the John Wayne —
Orange County Airport, located more than five miles from the proposed Project. No impacts would occur.
Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
f.) For a project within the vicinity of a private airstrip, would the project expose people residing or
working in the project area to excessive noise levels?
Refer to response 3.12 (e.), above. The proposed Project is not located within the vicinity of a private
airstrip.
Mitigation Measures
No new additional mitigation measures are required.
3.13 Population and Housing
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections L - Population, M - Housing Displacement, N - Business Displacement, O - Impacts on
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Neighborhood Character and Minority Groups, and R - Effect on Assessed Property Values, of the 1990
FEIS /EIR. No take of residential parcels is proposed as part of this Project.
a.) Induce substantial population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example, through extension of roads or other
infrastructure) ?
The proposed Project involves the widening of Bristol Street between Washington Avenue and 17'1'
Street, within a highly urbanized and built out area. The proposed Project is designed to accommodate the
existing and future traffic volume and would not create significant numbers of new trips. 176' Street and
Washington Avenue function at acceptable levels of service and, as such, are not expected to be
significantly impacted to an unacceptable level of service by any additional traffic generated from the
proposed Project. The proposed widening would not result in additional impact. Impacts would be similar
to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
A Final Relocation Impact Study was prepared by URS Corporation (2011b) to identify potential impacts
on residential and non - residential occupants as a result of the proposed Project. The parcels identified for
acquisition are defined as distinct locations where residential and non - residential displacement could
occur along the Project alignment. A total of 14 parcels (as listed in Table 1) would be fully acquired as a
result of the proposed widening of Bristol Street between Washington Avenue and 17fl' Street (refer to
Figure 4 [Property Acquisitions] for the locations of affected properties). More specifically, the proposed
Project, and associated right -of -way, would result in the full acquisition, by the City of Santa Ana, of five
single - family residential parcels; two parcels representing commercial uses; seven parcels characterize as
consisting of office -type use; and one vacant parcel. Vacancy rates within the Project vicinity for
residential space ranges between 5.0 — 8.0 percent (URS Corporation, 2011b). Since comparable
relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity, the
need to provide replacement housing would not be triggered as a result of implementing the proposed
Project. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Project - related acquisitions would comply with policies pursuant to the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana.
Mitigation Measures
No new additional mitigation measures are required.
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c.) Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
Refer to response 3.13 (b.), above. Prior to displacement, residential and non - residential displacees would
be presented with information regarding comparable replacement properties that are available within the
last six months for rent, lease, or purchase regardless of race, color, religion, sex or national origin, and
would be consistent with the requirements of Title VI of the Civil Rights Act of 1968. Impacts would be
similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.14 Public Services
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections P - Impacts on Community Facilities, and V - Construction Impacts of the 1990 FEIS /EIR.
a.) Fire Protection?
The proposed Project includes the widening of the existing Bristol Street and no increase in demand for
fire protection services would occur with implementation of the proposed Project. Furthermore, the
proposed Project would result in positive impacts as a result of greater congestion relief and increased
mobility in the vicinity for motor vehicles including emergency vehicles. Impacts would be similar to
those identified in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Police Protection?
Refer to response for Section 3.14 (a.), above. The proposed Project would reduce congestion and traffic
idling times, and therefore, increase mobility of emergency vehicles, including police vehicles. The
proposed Project would not result in the need or increase the demand for police services in the area.
Mitigation Measures
No new additional mitigation measures are required.
c.) Schools?
No schools would be impacted by the proposed Project and no school services would be affected by the
proposed Project (see response to Section 3.8 (c.), above, for information regarding schools in the vicinity
of the Project). While Santa Ana College is within the Project limits, the street widening has been
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designed such that the Project would not require acquisition of land from the school property. Impacts
would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
d.) Parks?
There are no parks within the Project limits, and no park services would be increased or impacted as a
result of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) Other public facilities?
The proposed Project entails the widening of Bristol Street between Washington Avenue and 176' Street,
and would not generate demands for public facilities. Impacts would be similar to those identified in the
1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.15 Recreation
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsection 'P - Impact on Recreational Facilities, of the 1990 FEIS /EIR.
a.) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
The proposed Project involves the widening of Bristol Street between Washington Avenue and 17`h Street
within a highly urbanized and built -out area in the City of Santa Ana; the widening of Bristol Street
would not induce growth, nor create demand for recreation - related services. Furthermore, the proposed
Project would not result in the physical deterioration of recreational facilities. No mitigation measures are
required with regards to recreational resources. Impacts would be similar to those identified in the 1990
FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
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b.) Does the project include recreational facilities or require the construction or expansion of
recreational facilities that might have an adverse physical effect on the environment?
Refer to response 3.15 (a.), above. The proposed Project does not include, nor would it require,
construction or expansion of recreational facilities. Therefore, no adverse physical impact on the
environment would occur from such facilities as a result of the proposed Project. No mitigation measures
are required. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.16 Transportation /Traffic
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections U - Impacts to Transportation Facilities, and V - Construction Impacts of the 1990 FEIS /EIR.
As stated in Section 1.0, the proposed Project eliminates the dedicated eastbound right -turn lane and
proposes a shared right -turn lane in its place at the intersection of Bristol Street and 176' Street.
a.) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for
the performance of the circulation system, taking into account all modes of transportation
including mass transit and non - motorized travel and relevant components of the circulation
system, including but not limited to intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit.
The proposed Project is consistent with the applicable plans, ordinances and policies establishing
measures of effectiveness for the performance of the circulation system as described in the 1990
FEIS /EIR. The widening of Bristol Street was designated in the Orange County Master Plan, and was
recommended in the Bristol Street Corridor Study — Final Report prepared by Mohle, Grover &
Associates (1983). It was also recommended in the Arterial Highway Element — Santa Ana Element —
Santa Ana Transportation Corridor State II Alternative Analysis prepared by Parsons, Brinkerhoff,
Quade and Douglas, Inc. (1983). The proposed widening is also consistent with the recommendation
found in the Intercity Liaison Committee — Five -Year Transportation Study Update to 1990 prepared by
Basmaciyan- Darnell, Inc. (1985). Furthermore, the proposed Project would improve traffic operations
through the Project corridor. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
b.) Conflict with an applicable congestion management program, including, but not limited to level
of service standards and travel demand measures, or other standards established by the county
congestion management agency.for designated roads or highways?
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The proposed Project would result in an improvement to Bristol Street from Washington Avenue to 176'
Street. Within the Project limits, Bristol Street would be widened from four to six lanes. The proposed
Project eliminates the dedicated eastbound right -turn lane and proposes a shared right -turn lane in its
place at the intersection of Bristol Street and 17`I' Street; elimination of this right -turn lane would not
result in a reduction in level of service as evaluated in the 1990 FEIS/EIR. The Project would result in
improved traffic flow and LOS along the roadway; therefore, the proposed Project would not cause the
County congestion agency's LOS standards to be exceeded. Impacts would be similar to those identified
in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
c.) Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results in substantial safety risks?
The closest airport to the site is John Wayne — Orange County Airport, located more than five miles
southeast of the Project site; the proposed Project would have no impact on air traffic patterns. The
proposed Project would not introduce any new risks or increase risks. Impacts would be similar to those
identified in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
d.) Substantially increase hazards due to a design .feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)'?
The proposed Project would improve the traffic flow along Bristol Street from Washington Avenue to
17`I' Street, and would not create any sharp curves or other incompatible uses. The proposed Project would
not create any significant hazards beyond what was previously analyzed. Impacts would be similar to
those identified in the 1990 FEIS /FIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) Result in inadequate emergency access?
The proposed Project would improve traffic operations along Bristol Street in the long -term. During the
construction phase traffic flow along Bristol Street within the Project limits could be temporarily affected,
including the mobility of emergency vehicles; however, access, including two -way travel would be
maintained through the Project corridor during construction. Traffic control plans would be prepared prior
to construction to facilitate traffic movement through the Project corridor during construction. Although
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the proposed Project may interfere with emergency access in the short -term, it would improve emergency
access once the Project is completed. The proposed Project would not result in impacts to emergency
access beyond those previously identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
f.) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or safety of such facilities?
The proposed Project would not conflict with any alternative transportation plan, and would increase
safety associated with improvements to the traffic operations through the Project corridor. The proposed
Project would not result in impacts greater than as described in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.17 Utilities and Service Systems
This section corresponds with Section IV - Environmental Consequences and Mitigation Measures,
Subsections S - Effect on Utilities, and V - Construction Impacts of the 1990 Final EIS /EIR.
a.) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
The proposed Project would not generate wastewater. No new significant impact is anticipated. No
impacts are anticipated in this regard.
Mitigation Measures
No new additional mitigation measures are required.
b.) Require or result in the construction of new water or wastewater treatment facilities or expansion
of existing facilities, the construction of which could cause significant environmental effects?
The proposed road widening Project would not require or result in the construction of new water or
wastewater treatment facilities or expansion of existing facilities. The existing sewer and water lines
beneath Bristol Street would not be relocated. No new significant impact is anticipated. Impacts in this
regard would be similar to those identified in the 1990 FEIS/EIR.
Mitigation Measures
No new additional mitigation measures are required.
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c.) Require or result in the construction of new storm water drainage facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects?
The proposed Project would not substantively affect runoff volumes in the area. Rather, the Project would
improve existing drainage flow by constructing properly designed curb and gutter along the edges of
Bristol Street. No new significant impact is anticipated. Impacts would be similar to those identified in
the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
d.) Have sufficient water supplies available to serve the project from existing entitlements and
resources, or are new or expanded entitlements needed?
The proposed Project entails the widening of Bristol Street between Washington Avenue and 176' Street;
such improvements would not result in any increase in water demand/consumption. Landscape
improvements, if applicable, would not require any new or expanded water entitlements. The proposed
Project would not create any new significant environmental impact. Impacts would be similar to those
identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
e.) Result in a determination by the wastewater treatment provider which serves or may serve the
project that it has adequate capacity to serve the project's projected demand in addition to the
provider's existing commitments?
Refer to response 3.17 (a.) and (b), above. The proposed roadway widening Project would not result in an
increase in wastewater production. No new significant impact is anticipated. Impacts would be similar to
those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
f.) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid
waste disposal needs?
The proposed Project would generate construction waste on a short-tern basis. Construction waste that
cannot be recycled would be taken to available landfills. The predominant receiving landfill for the City is
the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine. The landfill,
which is owned and operated by the Orange County Integrated Waste Management Department, opened
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in 1990 and is scheduled to operate until approximately 2022. The facility has adequate landfill capacity
to serve the proposed Project and no new significant environmental impact would result from the Project
implementation. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
g.) Comply with federal, state, and local statutes and regulations related to solid waste?
The proposed Project would comply with all applicable federal, state, and local statutes and regulations
related to solid waste. The Project would comply with the City of Santa Ana's established reduction,
reuse, and recycling programs. No new significant solid waste impact would result from the proposed
Project. Impacts would be similar to those identified in the 1990 FEIS /EIR.
Mitigation Measures
No new additional mitigation measures are required.
3.18 Mandatory Findings of Significance
Based on this Addendum, the proposed Project has not substantially changed in regard to the setting,
design, impacts, and mitigation measures as described in the 1990 FEIS /EIR. New circumstances or new
information, including any new or revised environmental laws, regulations, or policies have not modified
the impacts of the proposed Project.
a.) Does the project have the potential to degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate important examples of'the
majorperiods of California history orprehistory?
The proposed Project would not result in impacts beyond those identified in the 1990 Final EIS /EIR in
this regard, and does not have the potential to degrade the environment, reduce the habitat of a fish or
wildlife species, threaten plant or animal conummities, reduce or restrict endangered plant or animal
species or eliminate important examples of major periods of California history or prehistory.
b.) Does the project have impacts that are individually limited, but cumulatively considerable?
( "Cumulatively considerable" means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the effects of other current projects,
and the effects ofprobablef tture projects)?
Given the nature and scope of the proposed Project, and in consideration of mitigation measures that are
included in the 1990 FEIS/FIR, the Project would not involve impacts that are cumulatively considerable.
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c.) Does the project have environmental effects which will cause substantial adverse effects on
human beings, either directly or indirectly?
Construction- related activities are anticipated to have some relatively minor, temporary impacts which
can be mitigated with implementation of measures included in the 1990 FEIS/EIR. Furthermore, potential
long -term (operational) impacts would be reduced to less than significant levels through implementation
of required mitigation measures.
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4.0 REFERENCES
The following references were utilized for the preparation of this Addendum.
Basmaciyan- Darnell, Inc. 1985. Intercity Liaison Committee — Five -Year Transportation Study Update to
1990.
California Department of Transportation (Caltrans). 2012. Noise Study Report — Bristol Street Widening
Phase III Civic Center Drive to Seventeenth Street. March 2012.
Mohle, Grover & Associates. 1983. Bristol Street Corridor Study — Final Report.
Parsons, Brinkerhoff, Quade, and Douglas, Inc. 1983. Arterial Highway Element — Santa Ana Element —
Santa Ana Transportation Corridor State II Alternative Analysis.
Santa Ana, City of 2010. City of Santa Ana General Plan. Adopted September 1982 (with updates and
reformatting through January 2010).
2013. City of Santa Ana Website: www.ci.santa- ana.ca.us. Accessed November 2013.
. 2013b. 17i° St. at Bristol St. EB Right Turn Pocket Future LOS Calculation Memorandum.
November 25, 2013.
Southern California Association of Governments (SCAG). 2008. Orange County RTIP, Project Listing
Report. Accessed at: www.scag.ca.gov.
URS Corporation. 2010a. Traffic Impact Analysis — Bristol Street Widening Project Phase III Civic
Center Drive to Seventeenth Street. September 2010.
. 2010b. Community Impact Assessment — Bristol Street Widening Project Civic Center Drive to
Seventeenth Street (Phase III). October 2010.
_. 2011a. Natural Environment Study (Minimal Impacts) — Bristol Street Widening Project Civic
Centel-Drive to Seventeenth Street (Phase III). April 2011.
201 lb. Final Relocation Impact Statement— Bristol Street Widening Project Civic Center Drive to
Seventeenth Street (Phase III). November 2011.
2012a. Historic Resources Evaluation Report — Bristol Street Widening Project Civic Center
Drive to Seventeenth Street (Phase III). September 2012.
. 2012b. Air Quality Conformity Analysis — Bristol Street Widening Project Civic Center Drive to
17`h Street (Phase III). November 2012.
. 2012c. Noise Study Report — Bristol Street Widening Project Civic Center Drive to 17`h Street
(Phase III). March 2012.
2013a. Air Quality Assessment Report — Bristol Street Widening Project Civic Center Drive to 17`h
Street (Phase III). January 2013.
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. 20t3b. Initial Site Assessment —Bristol Street Widening Project Civic Center Drive to 17 "' Street
(Phase III). March 2013.
Wildan Associates. 1990. Final Environmental Impact Statement, Proposed Widening of Bristol Street
from Warner Avenue to Memory Lane, in the City of Santa Ana, 1990.
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APPENDIX A MODIFIED INITIAL STUDY CHECKLIST
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Modified Initial Study Checklist
The following Modified Initial Study Checklist is based on the California Environmental Quality Act
(CEQA) Initial Study Checklist. It is modified to evaluate the proposed Project changes for which
environmental impact reports /statements have previously been completed to assist in the
determination of the need for supplemental environmental documents, in this case, a Subsequent or
Supplemental EIS /EIR or an Addendum under Public Resources Code 21166 and Guideline Sections
15162, 15163, and 15164, respectively. For purposes of this study, references to "the proposal' in the
left hand column questions refer to the modifications to the Project (proposed Project) as compared
the Project improvements evaluated in the 1990 FEIS /EIR.
The first four columns to the right of the modified checklist questions identify whether the proposed
Project changes would result in new impacts, and if so whether these impacts would be less than
significant, less than significant after mitigation, or significant.
The fifth column asks whether or not the impacts associated with Project changes, if any, were
sufficiently disclosed in the previous environmental documents (Not Addressed).
Finally, the last column indicates whether or not a Subsequent or Supplemental EIR is needed.
Moreover, a Subsequent or Supplemental EIR would be needed if there were new significant
unmitigated or substantially more severe impacts which would result from the Project changes and
which were not sufficiently disclosed in the previous environmental documents.
Discussion in support of the conclusions indicated on the checklist is provided in Chapter 3.
ANA t I1 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 ItEV2) 132897 CM PACE 57
55B -64
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 58
55B -65
New Impacts of Proposed
Previous FEISIEIR
Project Changes
No
Less Than
Less Than
Potentially
Impacts
Subsequent or
Impact
Significant
Significant
Significant -
Disclosed?
Supplemental EIR
Impact
After
Impact
Required?
Mitigation
1. AESTHETICS. Would the project:
a) Have asubstantial adverse effect on a
X
scenic vista?
YES
NO
b) Substantially damage scenic resources,
X
N/A
NO
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) Substantially degrade the existing visual
X
YES
NO
character or quality of the site and its
surroundings?
d) Create a new source of substantial light
X
YES
NO
or glare, which would adversely affect day
or nighttime views in the area?
2. AGRICULTURAL RESOURCES.
Would the project:
-
a) Convert Prime Farmland, Unique
X
NIA
NO
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for
X
N/A
NO
agricultural use, or a Williamson Act
contract?
c) Conflict with existing zoning for, or
X
N/A
NO
cause rezoning, of, forest land (as defined
in Public Resources Code section
12220(g)), timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or
X
N/A
NO
conversion of forest land to non - forest
use?
e) Involve other changes in the existing
X
N/A
NO
environment which, due to their location or
nature, could result in conversion of
Farmland, to non - agricultural use or
conversion of forest land to non - forest
use?
3. AIR QUALITY. Would the project:.
a) Conflict with or obstruct implementation
X
YES
NO
of the applicable air quality plan?
b) Violate any air quality standard or
X
YES
NO
contribute substantially to an existing or
projected air quality violation?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 58
55B -65
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 11113— Washington Avenue to 171 Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 59
55B -66
New Impacts of Proposed `
Previous FEIS /EIR
Project Changes
No
Less Than
Less Than
Potentially
impacts
Subsequent or
Impact
Significant.
:Significant
Significant
Disclosed?
Supplemental EIR
Impact
-After
? Impact
Required?
'Mitigation
c) Result in a cumulatively considerable
X
YES
NO
net increase of any criteria pollutant for
which the project region is non - attainment
under an applicable federal or state
ambient air quality standard (including
releasing emissions which exceed
quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to
X
YES
NO
substantial pollutant concentrations?
e) Create objectionable odors affecting a
X
YES
NO
substantial number of people?
4.. BIOLOGICAL RESOURCES Would the
project: :-
-
a) Have a substantial adverse effect, either
X
YES
NO
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special- status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on
X
YES
NO
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, or regulations or
by the California Department of Fish and
Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on
X
YES
NO
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the
X
YES
NO
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local policies or
X
YES
NO
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 59
55B -66
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 60
55B -67
New Impacts of Proposed
.Previous FEISIEIR
Project Changes
No
Less Than
' Less Than
Potentially
Impacts
Subsequent or
Impact
.Significant
Significant
Significant
Disclosed?
Supplemental EIR
Impact
After
Impact
Required?
Mitigation
f) Conflict with the provisions of an adopted
X
YES
NO
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
5. CULTURAL RESOURCES. Would the
.project:
a) Cause a substantial adverse change in
X
YES
NO
the significance of a historical resource as
defined in § 15064.5?
b) Cause a substantial adverse change in
X
YES
NO
the significance of an archaeological
resource pursuant to § 15064.5?
c) Directly or indirectly destroy a unique
X
YES
NO
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including
X
N/A
NO
those interred outside of formal
cemeteries?
6. GEOLOGY AND SOILS. Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
X
YES
NO
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area
or based on other substantial evidence of
a known fault? Refer to Division of Mines
and Geology Special Publication 42.
ii) Strong seismic ground shaking?
X
YES
NO
iii) Seismic - related ground failure, including
X
YES
NO
liquefaction?
iv) Landslides?
X
YES
NO
b) Result in substantial soil erosion or the
X
YES
NO
loss of topsoil?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 60
55B -67
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB— Washington Avenue to 17" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61
55B -68
New Impacts of Proposed
Previous FEIS/EIR
Project Changes
No
Less Than
Less Than
Potentially
Impacts
Subsequent or
Impact
Significant
Significant
Significant
Disclosed?
Supplemental EIR
...Impact
After
! Impact
Required ?.
Mitigation
c) Be located on a geologic unit or soil that
X
YES
NO
is unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off -site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined
X
YES
NO
in Table 18 -1 -B of the Uniform Building
Code (1994), creating substantial risks to
life or property?
e) Have soils incapable of adequately
X
N/A
NO
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
7. GREENHOUSE GAS EMISSIONS.
Would the project:
a) Generate greenhouse gas emissions,
X
NO
NO
either directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy
X
NO
NO
or regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
8. HAZARDS. Would the project involve:,
a) Create a significant hazard to the public
X
YES
NO
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
X
YES
NO
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
X
N/A
NO
hazardous or acutely hazardous materials,
substances, or waste within one - quarter
mile of an existing or proposed school?
d) Be located on a site which is included
X
YES
NO
on a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public or
the environment?
e For a project located within an airport
X
N/A
NO
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 61
55B -68
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1/0 — Washington Avenue to 17h Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/20t3 REV2) 132897 CM PAGE 62
55B -69
New Impacts of Proposed
Previous FEISIEIR
Project Changes
-
No
Less Than
Less Than
Potentially
Impacts
Subsequent or
Impact
Significant
Significant
Significant
Disclosed?
Supplemental EIR
Impact
.After
.'Impact
"Required? '.
Mitigation
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard for
people residing or working in the project
area?
D For a project within the vicinity of a
X
N/A
NO
private airstrip, would the project result in a
safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically
X
YES
NO
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures to a
X
N/A
NO
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
9. HYDROLOGY AND WATER QUALITY
Would the project
a) Violate any water quality standards or
X
YES
NO
waste discharge requirements?
b) Substantially deplete groundwater
X
YES
NO
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume or
a lowering of the local groundwater table
level (e.g., the production rate of pre-
existing nearby wells would drop to a level
that would not support existing land uses
or planned uses for which permits have
been granted)?
c) Substantially alter the existing drainage
X
YES
NO
pattern of the site or area, including
through the alteration of the course of a
stream or river, in a manner that would
result in substantial erosion or siltation on-
or off -site?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/20t3 REV2) 132897 CM PAGE 62
55B -69
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17'h Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 63
55B -70
New Impacts of Proposed
Previous FEISIEIR
Project Changes
No
Less Than
Less Than
Potentially
Impacts `
Subsequent or
Impact
Significant
Significant >
Significant
Disclosed?
Supplemental EIR
Impact..
After
..Impact
Required?
Mitigation
d) Substantially alter the existing drainage
X
YES
NO
pattern of the site or area, including
through the alteration of the course of a
stream or river, or substantially increase
the rate or amount of surface runoff in a
manner that would result in flooding on- or
off -site?
e) Create or contribute runoff water which
X
YES
NO
would exceed the capacity of existing or
planned storm water drainage systems or
provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water
X
YES
NO
quality?
g) Place housing within a 100 -year flood
X
YES
NO
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation
map?
h) Place within a 100 -year flood hazard
X
YES
NO
area structures which would impede or
redirect flood flows?
i) Expose people or structures to a
X
YES
NO
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or
X
N/A
NO
mudflow?
10. LAND USE AND PLANNING. Would
the project:
-
-
-
a) Physically divide an established
X
N/A
NO
community?
b) Conflict with any applicable land use
X
YES
NO
plan, policy, or regulation of an agency
with jurisdiction over the project (including,
but not limited to the general plan, specific
plan, local coastal program, or zoning
ordinance) adopted for the purpose of
avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat
X
N/A
NO
conservation plan or natural community
conservation plan?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 63
55B -70
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17`" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64
55B -71
New Impacts of Proposed
Previous FEIS /EIR
Project Changes
No
'Loss.Than
Less Than
Potentially
Impacts
Subsequent or
Impact
Significant "Significant
Significant
Disclosed ?.
'Supplemental EIR
ImpactAfterImpact
Required?
-; Mitigation
11. MINERAL RESOURCES. Would the
project:
a) Result in the loss of availability of a
X
YES
NO
known mineral resource that would be of
value to the region and the residents of the
state?
b) Result in the loss of availability of a
X
YES
NO
locally- important mineral resource
recovery site delineated on a local general
plan, specific plan or other land use plan?
12. NOISE. Would the project result in:
a) Exposure of persons to or generation of
X
YES
NO
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of
X
YES
NO
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in
X
YES
NO
ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic
X
YES
NO
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
e) For a project located within an airport
X
N/A
NO
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project expose people residing or
working in the project area to excessive
noise levels?
ANA 111 -334 (PER- 02 -01) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 64
55B -71
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 171E Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 11 1-334 (PEA -02 -0 1) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 65
55B -72
New Impacts of Proposed
':PreviousFEISIEIR-
Project Changes...
No
Less Than
Less Than
..Potentially
Impacts
! Subsequent or
Impact
Significant
Significant
Significant
Disclosed?
Supplemental EIR
< Impact
After.
Impact
Required?
Mitigation
f) For a project within the vicinity of a
X
N/A
NO
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels?
13.. POPULATION AND .HOUSING.
Would the project:.
a) Induce substantial population growth in
X
YES
NO
an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing
X
YES
NO
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people,
X
YES
NO
necessitating the construction of
replacement housing elsewhere?
14. PUBLIC SERVICES. Would the
project result in substantial adverse
physical impacts associated with the
provision of new or physically. altered
-
governmental facilities, need for new
or physically altered governmental
facilities, the construction of which
could cause significant environmental
.impacts, in order to maintain
acceptable service ratios, response
times or other performance objectives
for any of the public services:.
a) Fire protection?
X
YES
NO
b) Police protection?
X
YES
NO
c) Schools?
X
YES
NO
d) Parks?
X
YES
NO
e) Other public facilities?
X
YES
NO
15. RECREATION
a) Would the project increase the use of
X
YES
NO
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
ANA 11 1-334 (PEA -02 -0 1) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 65
55B -72
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase IIIB — Washington Avenue to 17'" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66
55B -73
New Impacts of Proposed
Previous FEIS /EIR
Project Changes
No
. Less Than
Less Than
Potentially
.Impacts
Subsequent or
.Impact
Significant
Significant
:Significant
Disclosed ?.
Supplemental EIR
Impact
After
Impact
Required ?.
Mitigation
b) Does the project include recreational
X
YES
NO
facilities or require the construction or
expansion of recreational facilities that
might have an adverse physical effect on
the environment?
16. TRANSPORTATIONITRAFFIC. Would
the project:
a) Conflict with an applicable plan,
X
YES
NO
ordinance or policy establishing measures
of effectiveness for the performance of the
circulation system, taking Into account all
modes of transportation including mass
transit and non - motorized travel and
relevant components of the circulation
system, including but not limited to
intersections, streets, highways and
freeways, pedestrian and bicycle paths,
and mass transit?
b) Conflict with an applicable congestion
X
YES
NO
management program, including, but not
limited to level of service standards and
travel demand measures, or other
standards established by the county
congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
X
NO
NO
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a
X
YES
NO
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency
X
YES
NO
access?
f) Conflict with adopted policies, plans, or
X
YES
NO
programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise
decrease the performance or safety of
such facilities?
17. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment
X
YES
NO
requirements of the applicable Regional
Water Quality Control Board?
ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 66
55B -73
ENVIRONMENTAL IMPACT REPORT ADDENDUM
Bristol Street Widening Phase 1118 — Washington Avenue to 17"' Street
MODIFIED INITIAL STUDY CHECKLIST
ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE 67
55B -74
New Impacts of Proposed
Previous FEISIEIR
Project Changes
No
Less Than
Less Than
Potentially
ImpactsSubsequent
or
Impact
Significant
Significant `
Significant
Disclosed?
Supplemental EIR
Impact
After
Impact
Required?
Mitigation
b) Require or result in the construction of
X
YES
NO
new water or wastewater treatment
facilities or expansion of existing facilities,
the construction of which could cause
significant environmental effects?
c) Require or result in the construction of
X
YES
NO
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available
X
YES
NO
to serve the project from existing
entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the
X
YES
NO
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project's
projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient
X
YES
NO
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local
X
YES
NO
statutes and regulations related to solid
waste?
18. MANDATORY FINDINGS OF
SIGNIFICANCE. Responses to the
following . questions . are discussed in
Chapter 3.
a) Does the project have the potential to
X
YES
NO
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self- sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are
X
YES
NO
individually limited, but cumulatively
considerable? ( "Cumulatively
considerable' means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
ANA 111 -334 (PER- 02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PACE 67
55B -74
ENVIRONMENTAL IMPACT REPORTADDENDUM
Bristol Street Widening Phase 1118 - Washington Avenue to 17`" Street
MODIFIED INITIAL STUDY CHECKLIST
ANA H t -334 (PUR -02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 68
55B -75
New Impacts of Proposed
Previous FEISIEIR -
Project Changes:
No
:Less Than
'Less Than
Potentially-
- Impacts
Subsequent
Significant
Significant
Significant
Disclosed?
Supplemental EIR
Impact
After
.Impact
Required?
Mitigation
projects, and the effects of probable future
projects)?
c) Does the project have environmental
X
YES
NO
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
Nate: NIA = Not applicable
19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated ", describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site - specific
conditions for the project.
Responses to this section are discussed further in Chapter 3.
ANA H t -334 (PUR -02 -0t) CITY OF SANTA ANA (11/25/2013 REV2) 132897 CM PAGE 68
55B -75
55B -76
Iss — 11/20/13
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
APPROVING THE ADDENDUM TO THE FINAL ENVIRONMENTAL
IMPACT STATEMENT / ENVIRONMENTAL IMPACT REPORT NO. 89 -01
FOR THE BRISTOL STREET WIDENING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On November 19, 1990, the City Council approved the Final Environmental
Impact Statement / Environmental Impact Report (EIS 89 -01) for the
widening of a 3.9 -mile segment of Bristol Street from Warner Avenue to
Memory Lane, hereinafter referred to as the "Project".
B. City Council has been asked to approve the commencement of Phase IIIB of
the Project, widening Bristol Street from Washington Avenue to 17th Street.
Phase 1116 includes minor design modifications to the Project approved in
EIS 89 -01.
C. On December 4, 2013 the City Council of the City of Santa Ana
considered the request for approval of the Addendum to the Final
Environmental Impact Study / Environmental Impact Report (EIS 89 -01).
Section 2. The City Council previously approved and adopted Final
Environmental Impact Study / Environmental Impact Report (EIS 89 -01). In accordance
with the California Environmental Quality Act, an Addendum to EIS 89 -01 was prepared
for Phase 1116 of the Bristol Street Widening Project. Based upon the studies, the City
Council determines that there are no new significant impacts or any increases in the
severity of the impacts previously identified in the original FEIS /EIR. The City Council
hereby approves the Addendum to EIS 89 -01.
Section 3. These decisions are based upon the Request for Council Action
dated December 2, 2013, and exhibits attached thereto; the public comments; and, the
Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01), all of
which are incorporated herein by this reference.
Section 4. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
Resolution No. 2013 -
EIT72 Page 1 of 2
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this day of December, 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Laura Sheedy
Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2013 -
55B -78 Page 2 of 2
1
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EXHIBIT 3
gogy
�SANTA ANA RESOLUTION TO ADOPT ADDENDUM TO FINAL
■ P W A ■ ENVIRONMENTAL IMPACT
�VoEC R STATEMENVENVIRONMENTAL IMPACT REPORT
FOR THE BRISTOL STREET WIDENING
PROJECT PAGE 1OF1
55B -79
55B -80
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
ADOPT RESOLUTION
UNITED STATES
LEGISLATION
SUPPORTING THE
POSTAL REFORM
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1a` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
At the regularly scheduled City Council Meeting held November 18, 2013, Councilmembers
Benavides, Reyna and Amezcua placed a Council Agenda Item for discussion. The matter
"DIRECT CITY ATTORNEY TO PREPARE RESOLUTION SUPPORTING THE UNITED STATES
POSTAL REFORM LEGISLATION" received unanimous consent to direct staff to bring the
resolution at its subsequent meeting for consideration. The City Attorney has prepared the
resolution and is attached hereto.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENT: Resolution
55C -1
55C -2
RESOLUTION NO.2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
SUPPORTING UNITED STATES POSTAL REFORM LEGISLATION
WHEREAS, The US Postal Service is a vital component of this country's economic
and communications infrastructure handling and delivering 160 billion pieces of mail
and generating more than $65 billion in revenues annually, while receiving no taxpayer
funding; and
WHEREAS, The mailing industry, which employs 8 million Americans, generates over
$1 trillion dollars annually, and represents approximately seven percent of the country's
Gross Domestic Product (GDP), depends on the US Postal Service's invaluable mail
processing, retail and last -mile delivery networks 6 days a week; and
WHEREAS, The US Postal Service is the only private company or federal agency
required by Congress to pre -fund future retiree health benefits for 75 years, requiring
$5.5 billion dollars to be paid annually; and
WHEREAS, The US Postal Service is the second largest employer of US Veterans in the
country with over 22% of its employees United States Veterans; and
WHEREAS, Rural communities, many of which do not have access to the Internet,
remain dependent on the Postal Service for vital communications and for the shipment
of goods; and
WHEREAS, Small businesses along with many Americans, particularly seniors, depend
on the Postal Service for receipt of their prescription drugs;
NOW, THEREFORE, the City Council of the City of Santa Ana does hereby
resolve as follows:
SECTION 1. The City Council urges United States Senator Barbara Boxer and
United States Senator Dianne Feinstein to support postal reform legislation that would:
Secure the continuance of 6 -day mail delivery, Stabilize the Postal Service's finances by
reforming or eliminating future retiree health financing policies that are crippling the
55C -3
Postal Service's finances, Strengthen and protect the Postal Service's invaluable mail
processing, retail and last -mile delivery networks that together comprise a crucial part
of the nations infrastructure, Retain door -to -door delivery for 30 million plus
households and businesses
SECTION 2. City Council transmit copies of this resolution to the President and
Vice President of the United States, to the Majority Leader of the Senate, to both US
Senator Barbara Boxer and US Senator Dianne Feinstein, and to the United States
Postmaster General.
SECTION 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this day of November _, 2013.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
AYES: Councilmembers
NOES: Councilmembers
Miguel A. Pulido
Mayor
55C -4
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. 2013- 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
55C -5
55C -6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
APPOINT REPRESENTATIVE TO THE
ORANGE COUNTY VECTOR CONTROL
CITY MANAGE
1:7X��7i�ihGl= 1�1�7��7_ «�C�7�1
CLERK OF COUNCIL USE ONLY:
r_1: 061T ACID,
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Appoint a representative to the Orange County Vector Control for a two year term expiring
December 31, 2015.
DISCUSSION
The City's current representative is Cecilia Aguinaga who has served in this capacity since
November, 2010 and has expressed interest in continuing to represent the City.
The Vector Control meets on the 3rd Thursday of the month at 3:00 p.m. at their Garden Grove
headquarters; representatives receive $100 a month stipend.
Staff posted the vacancy, pursuant to Maddy Act requirements and has not received any
applications from interested residents for said position.
The Orange County Vector Control District (OCVCD) is one of over 100 agencies statewide
specifically dedicated to protecting public health by controlling rats, flies, mosquitoes, and other
vector related problems. The District was formed in 1947 in accordance with local authority
provided by the Mosquito Abatement Act of 1915 and further supported by the California Health
and Safety Codes. Operation of the District is overseen by a Board of Trustees comprised of 35
members, each appointed by their city of residence (34) with one member representing the
County. Trustees are appointed for terms of two and need not be elected officials.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
60A -1
60A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 2, 2013
TITLE:
DISCUSSION OF POTENTIAL
CHARTER AMENDMENT FOR PRIMARY
ELECTIONS AND RELATED ELECTION
ISSUES
� III
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
Staff recommends that the City Council discuss the election related items and provide direction.
DISCUSSION
At the City Council meeting on November 4, 2013 the City Council considered an 85A item
proposing a City Charter amendment to create a primary election for the office of Mayor. The
Council discussed the item and related issues such as whether to include a primary election for
Mayor and Council, whether Council Members should be elected from wards and not by wards,
and consideration of appointing, rather than electing a Mayor. The Council directed staff to
prepare information on the issues described below and requested that staff bring the item back
for Council consideration in at least 30 days.
The Council asked staff to address the following issues:
1. The operation of primary elections;
2. The prevalence of appointed vs. elected Mayors; and
3. The costs associated with holding elections.
Primary Elections:
Larger cities by population, such as San Jose, San Diego, Long Beach and Los Angeles hold
primary elections for elected officials. The first election, sometimes referred to as a Primary
Nominating Election (PNE) in Long Beach, is the first of two possible elections. Candidates are
nominated by the voters and appear on the PNE ballot. If any one candidate receives 50% + 1 of
the votes cast for that office, that candidate has received a majority vote and is declared elected
to that office. If any candidate does not receive a majority of the votes cast for that office in the
PNE, then a second election is held, the General Municipal Election (GME or runoff), at which the
top two vote getters from the PNE are placed on the ballot and the candidate that receives the
most votes in the GME /runoff is declared the winner.
65A -1
Potential Charter Amendment
For Primary Elections and Related Election Issues
December 2, 2013
Page 2
The cities that provide for primary elections are governed by a city charter like Santa Ana. The
charter provides for the election procedures. In order to hold a primary election in Santa Ana, the
voters must approve an amendment to the City Charter. The Council would have to direct the
City Attorney and staff to prepare the necessary resolutions to approve a ballot measure and the
actual text of the measure would have to be approved at least 88 days before a regular election
date at which the ballot question is posed.
Elected vs. Appointed
Cities throughout the state have different ways of selecting a Mayor. Some cities directly elect a
Mayor and other cities appoint a Mayor from among the elected council members. According to
statistics from the League of California Cities, as of July 1, 2011, there were 482 incorporated
cities with 362 of those being general law cities and 120 being charter cities. As of May 2010, 149
cities had a directly elected mayor, which includes both general law and charter cities. Also
attached to this report are two lists. One is a list of the 20 largest cities in California by population
and the list notes whether the cities are general law or charter and whether the Mayors are
appointed or elected. The second is a list of California cities compiled by the US Conference of
Mayors and this list (although not complete) describes cities with elected vs. appointed Mayors.
Election Costs
According to the Orange County Registrar of Voters a consolidated election in Santa Ana,
administered by the County of Orange is estimated to cost between $125,000 to $175,000. This
cost would be for a primary election and would be in addition to the costs associated with the
existing regularly scheduled municipal election in November of even - numbered years.
FISCAL IMPACT
There are no direct fiscal impacts associated with providing direction to staff on whether to
prepare a proposed Charter amendment.
Am� � &�
Sonia R. Carvalho
City Attorney
SRC:Ig
65A -2
City Ranked
by Size of Population
Charter
City
Population
Size of Council,
including
Mayor
Elected or
Appointed
Mayor
Primary
Election
Elected
by /or from
Wards or
Districts
Los Angeles
Yes
3,792,621
Elected
Yes
District by
district
San Diego
Yes
1,307,402
Elected
San Jose
Yes
945,942
Elected
San Francisco
Yes
805,235
Elected
Fresno
Yes
494,665
Elected
Sacramento
Yes
466,488
Elected
Long Beach
Yes
462,257
Elected
Yes
Oakland
Yes
390,724
Elected /Votes
only in ties
Bakersfield
Yes
347,483
Elected
Anaheim
Yes
336,265
Elected
All at large
Santa Ana
Yes
340,378
7 members
Elected
Wards at
large
Riverside
Yes
297,863
7 members
Elected /Votes
only in ties
Stockton
Yes
287,584
Elected
Chula Vista
Yes
223,746
Elected
Irvine
Yes
209,707
5 members
Elected
Fremont
No
205,521
Elected
Modesto
Yes
202,740
Elected
San Bernardino
Yes
198,421
Elected
Glendale
Yes
196,882
Elected
Huntington Beach
Yes
193,369
7 members
Appointed
lExhibit A
65A -3
65A -4
US Conference of Mayors Survey Information from 2012
Cities Highlighted are those that Elected a Mayor
Cities in Bold /Underlined are 100,000 in population or more that appoint a Mayor
65A -5
Notes
Exhibit B
Election
Current Mayor
Population
Date
California
Alhambra
Steven Placido
83,089
Council to
Select in
December
Apple Valley
Curt Emick
69,135
Council to
Select in
December
Baldwin Park
Manuel Lozano
75,390
11/5/2013
Banning
Debbie Franklin
30,310
Council to
Select in
December
Bell Gardens
Pedro Aceituno
42,072
Council to
Select in
December
Brea
Ron Garcia
39,282
Council to
Select in
December
Buena Park
Elizabeth Swift
80,530
Council to
Select in
December
Calexico
Maritza Hurtado
38,572
Council to
Select in
December
Camarillo
Charlotte Craven
65,201
Council to
Select in
December
Campbell
Evan Low
39,349
Council to
Select in
December
Ceres
Chris Vierra
45,417
11/5/2013
Chino Hills
Peter Rogers
74,799
Council to
Select in
December
Citrus Heights
Steve Miller
83,301
Council to
Select in
December
Coachella
Eduardo Garcia
40,704
Council to
Select in
December
65A -5
Notes
Exhibit B
Concord
Dan Helix
122.067
Council to
Select in
December
Corona
Jason Scott
152.374
Council to
Select in
December
Costa Mesa
Jim Riaheimer
109.960
Council to
Select in
December
Cupertino
Orrin Mahoney
58,302
Council to
Select in
December
Cypress
Prakash Narain,
47,802
Councilto
M. D.
Select in
December
Daly City
Raymond A.
101.123
Council to
Buenaventura
Select in
December
Dana Point
Steven H.
33,351
Council to
Weinberg
Select in
December
Danville
Newell Arnerich
42,039
Council to
Select in
December
Delano
Joe Aguirre
53,041
Council to
Select in
December
Diamond Bar
Jack Tanaka
55,544
Council to
Select in
December
Downey
Mario A. Guerra
111.772
Council to
Select in
December
Eastvale
Ike Bootsma
54,635
Council to
Select in
December
El Centro
Benjamin J.
42,598
Council to
Solomon, III
Select in
December
El Monte
Andre Quintero
113,475
11/5/2013
Encinitas
Teresa Barth
59,518
Council to
Select in
December
Fairfield
Harry T. Price
105,321
11/5/2013
Folsom
Steve Miklos
72,203
Council to
Select in
December
Foster City
Pam Frisella
32,129
Council to
Select in
December
Fountain Valley
Mark McCurdy
55,313
Council to
Select in
December
Fullerton
Bruce Whitaker
135.161
Council to
65A -6
65A -7
Select in
December
Goleta
Roger S. Aceves
30,289
Council to
Select in
December
Hanford
Lou Martinez
53,967
Council to
Select in
December
Hawthorne
Daniel Juarez
84,293
Council to
Select in
December
Hemet
Robert Youssef
78,657
Council to
Select in
December
Hesperia
Bill Holland
90,173
Council to
Select in
December
Highland
Larry McCallon
53,104
Council to
Select in
December
Huntington
Connie
189.992
Council to
Beach
Boardman
Select in
December
Indio
Elaine Holmes
76,036
Council to
Select in
December
Jurupa Valley
Verne Lauritzen
97,426
Council to
Select in
December
La Habra
Rose Espinoza
60,239
Council to
Select in
December
Laguna Hills
Barbara Kogerman
30,344
Council to
Select in
December
Laguna Niguel
Robert Ming
62,979
Council to
Select in
December
Lake Elsinore
Robert 'Bob'
55,288
Council to
Magee
Select in
December
Lake Forest
Scott 'Scotty,
77,264
Council to
Voigts
Select in
December
Lincoln
Stan Nader
42,819
Council to
Select in
December
Livermore
John P. Marchand
80,968
11/512013
Lodi
Alan Nakanishi
62,134
Council to
Select in
December
Los Gatos
Barbara Spector
30,141
Council to
Select in
December
65A -7
Lynwood Sal Alatorre
Madera Robert L.
Poythress
Manhattan Beach David J. Lesser
Menlo Park Peter I. Ohtaki
'ijeYeed, Stan Thurston
Mission Viejo Rhonda Reardon
Montebello Christina Cortez
Monterey Park Mitchell Ing
Moreno Valley Tom Owings
Murrieta Rick Gibbs
Newark Alan L. Nagy
Newport Beach Keith D. Curry
Novato Pat Eklund
Oakley Kevin Romick
Pacifica Len Stone
Palm Desert Jan Harnik
Palmdale James C. Ledford,
Jr.
Pico Rivera Gustavo V.
Camacho
Pittsburg Nancy Parent
Placentia Scott Nelson
69,772 Council to
Select in
December
61,416 Council to
Select in
December
35,135 Council to
Select in
December
32,026 Council to
Select in
December
78,958 11/5/2013
93,305 Council to
Select in
December
62,500 Council to
Select in
December
60,269 Council to
Select in
December
193.365 Council to
Select in
December
103.466 Council to
Select in
December
42,573 11/5/2013
85,186 Council to
Select in
December
51,904 Council to
Select in
December
37,278 11/5/2013
37,234 Council to
Select in
December
48,445 Council to
Select in
December
152,750 11/5/2013
62,942 Council to
Select in
December
63,264 Council to
Select in
December
50,533 Council to
Select in
December
65A -8
Pleasant Hill
Or Michael G.
33,152
Council to
Harris
Select in
December
Rancho Cordova
Linda Budge
64,776
Council to
Select in
December
Rancho Palos
Susan Brooks
41,643
Council to
Verdes
Select in
December
Rancho Santa
L. Anthony Beall
47,853
Council to
Margarita
Select in
December
Redding
Rick Bosetti
89,861
Council to
Select in
December
Redwood City
Alicia C. Aguirre
76,815
11/5/2013
Rocklin
Diana Ruslin
56,974
Council to
Select in
December
Rohnert Park
Pam Stafford
40,971
Council to
Select in
December
Roseville
Susan Rohan
118,788
Councii to
Select in
December
San Bernardino
Patrick J. Morris
209,924
11/512013
San Bruno
Jim Ruane
41,114
11/5/2013
San
Mike Tracy
106.433
Council to
Buenaventura
Select in
December
San Clemente
Bob Baker
63,522
Council to
Select in
December
San Diego
Todd Gloria
1,307,402
11/19/2013
San Jacinto
Mark Bartel
44,199
Council to
Select in
December
San Juan
John Taylor
34,593
Council to
Capistrano
Select in
December
San Mateo
David Lim
97,207
Council to
Select in
December
San Raman
Bill Clarkson
72,148
11/5/2013
Santa Barbara
Helene Schneider
88,410
11/5/2013
Santa Clarita
Bob Kellar
176.320
Council to
Select in
December
Santa Cruz
Hilary Bryant
59,946
Council to
Select in
December
Santa Monica
Pam O'Connor
89,736
Council to
Select in
65A -9
65A -10
December
Saratoga
Jill Hunter
30,677
11/5/2013
South San
Pedro Gonzalez
63,632
Council to
Francisco
Select in
December
Stanton
David J. Shawver
38,186
Council to
Select in
December
Temecula
Michael S.
100.097
Council to
Naaaar
Select in
December
Thousand Oaks
Claudia Bill -de la
126.683
Council to
Pena
Select in
December
Tracy
Brent H. Ives
82,922
11/5/2013
Tustin
Al Murray
75,540
Council to
Select in
December
Victorville
Jim Cox
115.903
Council to
Select in
December
Visalia
Amy Shuklian
124,442
Council to
Select in
December
Walnut Creek
Cindy Silva
64,173
Council to
Select in
December
Watsonville
Lowell Hurst
51,199
Council to
Select in
December
West Covina
Shelley
106.098
Council to
Sanderson
Select in
December
Wildomar
Timothy Walker
32,176
Council to
Select in
December
Yorba Linda
Tom Lindsey
64,234
Council to
Select in
December
Yuba City
John Buckland
64,925
Council to
Select in
December
Yucaipa
Denise Hoyt
51,367
Council to
Select in
December
65A -10