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FULL PACKET_2015-02-03
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 20, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern (5:19 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ (5:15 p.m.) ROMAN A. REYNA SAL TINAJERO (5:25 p.m.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. Maria Luisa Orendain v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013 - 00692046 CITY COUNCIL MINUTES 1 JANUARY 20, 2015 1 0A -1 2. Carlos Ibarra v. City of Santa Ana, Orange County Superior Court Case # 30- 2013 - 00663031 -CU -PO -CJC 3. Jose Velasco v. City of Santa Ana, Orange County Superior Court Case #30- 2014 - 00735265 -CU -CR -CJC 4. Maria Gomez, et al. v. City of Santa Ana, Case No.: SACV06 -245 DOC (RNBx) 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (One Case') 'Matter placed on the Agenda for legal update at the request of Mayor Pulido, pursuant to Santa Ana Charter Section 411. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: Lee Property -1411 N. Bristol Street Zambrano Property -1417 N. Bristol Street Gonzalez Property -1415 N. Bristol Street Chavez Property -1607 N. Bristol Street Negotiators: City Manager, David Cavazos and Director Public Works Agency, Fred Mousavipour Terms: Price and Terms of Property Acquisition 4. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Claimant: County of Orange CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:33 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 JANUARY 20, 2015 1 0A -2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:34 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO 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 JESSE CAMACHO AND ALEXIS MENDEZ, WALKER ELEMENTARY SCHOOL RUPERT VEGA, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Susan E. Wathen, Senior Personnel Services Specialist, Personnel Services 45 YEARS OF SERVICE Ronald Y. Ono, Administrative Services Manager, Parks, Recreation & Community Services EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Consul of Mexico, Alejandra Garcia - Williams, for her outstanding service to the Santa Ana community. CITY COUNCIL MINUTES 3 JANUARY 20, 2015 1 0A -3 CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to Adriana De La Rosa for being selected as the Chief Executive Officer of the Delhi Center. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM SARMIENTO to the Little Saigon Foundation in recognition of its Christmas Wish Event. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to the Board Members of the Casa De Santiago and Morrison Park Neighborhood Associations for their Annual Snow and Santa Party Event. 1. Casa De Santiago Board Members: Nancy Aldana, Christina Barba, Valerie Calleros, Sonia Carlton, Andrew Carrillo, Bobbie Cast, Rachel Clow, Agnes Green, Luis Higareda, Elizabeth Luzania, Bill Mann, Terry McCall, Lucia and Jose Montellano, Jessica Nunez, Patti Olvera, Joanna Peterson, Jose Serrano, Maria Serrano, Diane Tholin 2. Morrison Park Board Members: Dennis Alderson, Jerry and Carole Ayres, Ivan and Sandi Ashbaugh, Don and Deanie Bass, Irene Chinn, Caroline Yacoub Coury, Christina Dorsa- Smith, Mike Ekstrom, James and Angela Griffin, Dave Hoen, Alice Hood, Lawrence A. Klein, Alvin Lamothe, Rom Lozares, Yeni Mauras, Debbie Muise, Dan Peters, Medardo Rivas, Pastor Greg Robbins, Eric Scandrett, Therese Duggan Trevitt PROCLAMATION presented by COUNCILMEMBER MARTINEZ recognizing the Republic of Vietnam Day Steering Committee for their efforts in establishing October 26t of every year as the Republic of Vietnam Day in Santa Ana. PROCLAMATION presented by COUNCILMEMBER MARTINEZ declaring November as Sikh Awareness month. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS (Consent Calendar Items only) - None CITY COUNCIL MINUTES 4 JANUARY 20, 2015 1 0A -4 CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 31E as recommended by staff, with the following modifications: Councilmember Martinez, pulled agenda Items 25C, 25E and 25H for separate action. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) FAQiytl10116 .11MiTAI1IFlNo iyilevi i1 =I*1 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 16, 2014 - {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER MARTINEZ AS THE WARD 2 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSIONS FOR A FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Appoint. RESIDING NAME BOARD /COMMISSION REPLACES WARD Guzman, Lynnete Board of Recreation & Michel, E. 5 Parks Garcia, Alexis Community Verino, L. 3 Redevelopment / Housing Commission Coolidge, Sean Historic Resources Bustamante, 2 Commission A. CITY COUNCIL MINUTES 5 JANUARY 20, 2015 1 0A -5 Gonzalez, Paul Personnel Board Macres, M. 2 Verino, Lynnette Planning Commission Yrarrazaval, 5 P. 13B. NOMINATED BY COUNCILMEMBER REYNA AS THE WARD 5 REPRESENTATIVES TO VARIOUS BOARDS AND COMMISSIONS FOR A PARTIAL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint. RESIDING NAME BOARD /COMMISSION REPLACES WARD Alvarado, Mario Arts and Culture E. Ochoa 5 Commission Murashie, Edward Historic Resources J. Polce 3 Commission 13C. COUNCIL COMMITTEES — AGENDAS AND MINUTES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office li7[�j�[ddA:Z PI1FTiL Bill Name Finance, Economic Development & Technology Finance, Economic Development & Technology Finance, Economic Development & Technology Legislative City Council Committee Public Safety and Neighborhood Improvement Meeting Date September 15, 2014 November 10, 2014 January 12, 2015 October 15, 2014 December 8, 2014 FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2013 -154 (1135 WEST BROOK STREET) {STRATEGIC PLAN NO. 3, 21 - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION CITY COUNCIL MINUTES 6 JANUARY 20, 2015 1 0A -6 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follows: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. AGMT NO. 2015 -001 - Maria Luisa Orendain v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013 - 00692046; Settlement Agreement in the amount of $22,500 (4 -0 vote, Sarmiento, Tinajero and Martinez absent). 2. AGMT NO. 2015 -002 - Carlos Ibarra v. City of Santa Ana, Orange County Superior Court Case # 30- 2013 - 00663031- CU- PO -CJC; Settlement Agreement in the amount of $75,000 (5 -0 vote, Sarmiento and Tinajero absent). LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: - Claimant: County of Orange; Unanimously rejected claim. 19B. EXCUSED ABSENCES — NONE 19C. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 - Public Works Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19D. REQUEST FOR PROPOSAL — YOUTH PROGRAMS UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITIES ACT {STRATEGIC PLAN NO. 2, 4A) - Community Development Agency MOTION: Receive and file. CITY COUNCIL MINUTES 7 JANUARY 20, 2015 1 0A -7 19E. STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2014 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file the Strategic Plan Monthly Report for December 2014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT FOR THE NATIONAL ARTS AND HUMANITIES YOUTH PROGRAM AWARD {STRATEGIC PLAN NO. 2, 2A) - Parks, Recreation & Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -121 - Recognizing grant revenue in an amount of $10,000 in the Library Grants revenue account and appropriating funds to the Library Grants expenditure account. 20B. COOPERATIVE AGREEMENT FOR IMPLEMENTATION OF HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 156828) - GRANT FUNDED {STRATEGIC PLAN NO. 6, 1, B) - Public Works Agency MOTION: 1. AGMT NO. 2015 -003 - Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Cities of Garden Grove, Fountain Valley, and Costa Mesa, subject to non - substantive changes approved by the City Manager and City Attorney, to implement the Harbor Boulevard Corridor Traffic Signal Synchronization Project. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -123 - Approve an appropriation adjustment recognizing an additional $61,880 in matching funds from the Cities of Garden Grove, Fountain Valley, and Costa Mesa, into the Measure M Street Construction revenue account, and appropriating the same amount to the Measure M Street Construction expenditure account for the Harbor Boulevard Corridor Traffic Signal Synchronization Project. CITY COUNCIL MINUTES 8 JANUARY 20, 2015 1 0A -8 SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -067 - POLICE UNIFORMS AND EQUIPMENT {STRATEGIC PLAN NO. 1, 3A) (Police Department) - Finance & Management Services MOTION: Award a contract to Galls, LLC and Keystone Uniforms for a three -year period in an annual aggregate amount not to exceed $330,000, with provision for two, one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC NO. 14 -095 — ONE NEW AND FOUR REPLACEMENT VEHICLES {STRATEGIC PLAN NO. 6, 21 (Public Works Agency) - Finance & Management Services MOTION: Award a contract to National Auto Fleet Group for the purchase of two Ford Transits, and a Ford F -550 truck in an amount not to exceed $242,098, and a contract to Wondries Fleet Group for the purchase of two Ford Explorers in an amount not to exceed $72,175 subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO.13 -008 - LEASED VEHICLES {STRATEGIC PLAN NO. 1,51 - (Police Department) - Finance & Management Services MOTION: Amend the contract with Enterprise Fleet Management to increase the aggregate limit by $62,500 for the addition of six leased vehicles for the Police Department for an annual amount not to exceed $300,700, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. IMPLEMENTATION SERVICES OF THE MEMORIES OF MIGRATION PROGRAM FUNDED BY THE INSTITUTE FOR MUSEUM AND LIBRARY SERVICES NATIONAL LEADERSHIP GRANT {STRATEGIC PLAN NO. 2, 2A) — Parks, Recreation & Community Services Agency li7101110JdA 1. AGMT NO. 2015 -004 - Authorize the City Manager and the Clerk of the Council to execute an agreement with Shift Design (Formerly CITY COUNCIL MINUTES 9 JANUARY 20, 2015 1 0A -9 We Are What We Do) in an amount of $121,949 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2015 -005 - Authorize the City Manager and the Clerk of the Council to execute an agreement with New Mexico Highland University in an amount of $40,631 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 3. AGMT NO. 2015 -006 - Authorize the City Manager and the Clerk of the Council to execute an agreement with Queens Public Library in an amount of $25,497 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. LANDSCAPE MAINTENANCE SERVICES IN DISTRICTS ONE AND FOUR {STRATEGIC PLAN NO. 6, 1131 - Parks, Recreation & Community Services Agency MOTION: 1. AGMT NO. 2015 -007 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Landscape West, increasing the compensation by $23,742, which includes a 10% contingency, to an amount not -to- exceed $308,642, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. AGMT NO. 2015 -008 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariposa Landscape, increasing the compensation by $71,801, which includes a 10% contingency, to an amount not -to- exceed $1,227,466, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 10 JANUARY 20, 2015 1 0A -10 Councilmember Martinez inquired as to how staff handles maintenance requests. Parks Recreation and Community Services Executive Director Mouet noted that all requests prioritized and funded through deferred maintenance account. MOTION: 1. AGMT NO. 2015 -009 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with ABM, increasing the compensation by $15,054.88, which includes a 5% contingency, to an amount not -to- exceed $153,390.88, terminating on May 31, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. AGMT NO. 2015 -010 - Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with ABM, increasing the compensation of the renewal periods by $28,763.46, which includes a 10% contingency, to an amount not - to- exceed $167,099.46, subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D. AGMT NO. 2015 -011 - VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES {STRATEGIC PLAN NO. 2, 3C) - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Video Engineering Services, increasing the total compensation by $38,875, to a total amount not to exceed $94,920 and increasing the term by five months, ending on June 30, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 11 JANUARY 20, 2015 1 0A -11 Councilmember Martinez noted relation to Active Transportation Plan that continues to move forward. MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Alta Planning & Design, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the period expiring one year from the agreement commencement date, in an amount not to exceed $150,000. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F. AGMT NO. 2015 -013 - INMATE FOOD SERVICES {STRATEGIC PLAN NO. 1, 3A) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Aramark Correctional Services, Inc. in accordance with a sliding scale not to exceed $1,412,140 and exercising the option to amend the agreement for one year, ending January 31, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2015 -014 - PURCHASE AGREEMENT WITH WILLIAM W. GREEN FOR BRISTOL STREET IMPROVEMENTS, 1321 NORTH BRISTOL STREET (APN 405 - 272 -15), (PROJECT NO. 116740, NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1, G; 3, 2, C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with William W. Green in an amount of $400,000, for the full purchase price for said real property and goodwill (if any), subject to nonsubstantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 12 JANUARY 20, 2015 1 0A -12 Councilmember Martinez requested bicycle and pedestrian count. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Transportation Studies, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for the one -year term expiring February 28, 2016, with a provision for two one -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $30,000 annually. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 251 AGMT NO. 2015 -016 — LIMITED -TERM PARTIAL BASIN EQUITY ASSESSMENT EXEMPTION (BEA) TO ALLOW COMPLETION OF CAPITAL IMPROVEMENTS TO GROUNDWATER WELL NO. 32 LOCATED IN MORRISON PARK - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Water District, subject to nonsubstantive changes approved by the City Manager and City Attorney, for a limited -term partial basin equity assessment exemption on water produced by Well 32 above the Basin Pumping Percentage. LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -49 TO EXPAND AN EXISTING CARE HOME FACILITY. VARIANCE NO. 2014 -07 TO ALLOW A CITY COUNCIL MINUTES 13 JANUARY 20, 2015 1 0A -13 REDUCTION IN BUILDING SETBACKS AND VARIANCE NO. 2014 -08 TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE AT 325 THROUGH 403 NORTH SUSAN STREET - THE JOHN HENRY FOUNDATION {STRATEGIC PLAN NOS. 3, 2; 5, 31 - Planning and Building Agency Planning Commission approved recommended action on December 8, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -49 as conditioned, Variance No. 2014 -07 as conditioned, and Variance No. 2014 -08 as conditioned. 31 B. CONDITIONAL USE PERMIT NO. 2014 -09 TO ALLOW A 47 -FOOT TALL WIRELESS FACILITY FOR SPRINT PCS AT 1241 SOUTH GRAND AVENUE - CROWN CASTLE, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 51 - Planning and Building Agency Planning Commission approved recommended action on December 8, 2014, by a vote of 6 -0 (Alderete abstained). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -09 as conditioned. 31 C. MODIFY CONDITIONAL USE PERMIT NO. 2013 -21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY - KAHROBA AYAZI, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 41 - Planning and Building Agency Planning Commission approved recommended action on December 8, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving modification to Conditional Use Permit No. 2013 -21. 31 D. CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BLACKMARKET BAKERY LOCATED AT 211 NORTH BROADWAY - HANH NGUYEN, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 41 - Planning and Building Agency Planning Commission approved recommended action on December 8, 2014, by a vote of 7 -0. CITY COUNCIL MINUTES 14 JANUARY 20, 2015 1 OA -14 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -43. 31 E. CONDITIONAL USE PERMIT NO. 2014 -44 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CHIPOTLE MEXICAN GRILL LOCATED AT 629 SOUTH HARBOR BOULEVARD - VALERIE SACKS, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on December 8, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -44. ""END OF CONSENT CALENDAR" BUSINESS CALENDAR RESOLUTIONS 55A. AMENDMENT TO EXECUTIVE MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN TO RESCIND /ADD LANGUAGE AND ADJUST SALARY FOR ONE JOB TITLE (EXECUTIVE DIRECTOR OF PLANNING AND BUILDING) {STRATEGIC PLAN NO. 71 - Personnel Services Agency Councilmember Martinez opined that industry standard Public Works Director receives higher salary than Planning Director; City Council recently addressed the compaction issue and alignment; staff to exercise caution as we move forward with salary increases. Mayor Pulido concurred. MOTION: Adopt a resolution. RESOLUTION NO. 2015 -001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING, REESTABLISHING AND DELINEATING THE BASIC COMPENSATION AND BENEFIT PLAN FOR CLASSES OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) AND RESCINDING RESOLUTION NO. 91 -066 MOTION: Benavides SECOND: Tinajero CITY COUNCIL MINUTES 15 JANUARY 20, 2015 1 0A -15 VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None (0) 55B. AGENDA ITEM TAKEN OUT OF ORDER 55C. CONSENTING TO THE INCLUSION OF SANTA ANA PROPERTIES IN THE FIGTREE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM ALLOWING RESIDENTIAL AND COMMERCIAL PEROPERTY OWNERS TO INSTALL RENEWABLE ENERGY SYSTEMS, AND ENERGY AND WATER- EFFICIENT IMPROVEMENTS VIA A SPECIAL PROPERTY TAX ASSESSMENT {STRATEGIC PLAN NOS. 5, 2 & 3, 51 - Public Works Agency li7101110JdA 1. Adopt a resolution. RESOLUTION NO. 2015 -002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE FIGTREE PROGRAM TO FINANCE RENEWABLE ENERGY AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING ASSOCIATE MEMBERSHIP IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AND APPROVING AN INDEMNIFICATION AGREEMENT WITH FIGTREE COMPANY, INC. RELATED TO THE FIGTREE PROPERTY ASSESSED CLEAN ENERGY AND JOB CREATION PROGRAM 2. Authorize the City Manager and Clerk of the Council to execute agreements subject to non - substantive changes approved by the City Manager and City Attorney, exercisable by the City Manager and the City Attorney, in an amount not to exceed $30,000 annually. • AGMT NO. 2015 -017 —With California Enterprise Development Authority • AGMT NO. 2015 -018 —With Figtree Company, Inc. CITY COUNCIL MINUTES 16 JANUARY 20, 2015 1 0A -16 MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55D. CONSENTING TO THE INCLUSION OF SANTA ANA PROPERTIES IN THE CALIFORNIAFIRST PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM ALLOWING RESIDENTIAL AND COMMERCIAL PEROPERTY OWNERS TO INSTALL RENEWABLE ENERGY SYSTEMS, AND ENERGY AND WATER- EFFICIENT IMPROVEMENTS VIA A SPECIAL PROPERTY TAX ASSESSMENT {STRATEGIC PLAN NOS. 5, 2 & 3, 51 - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2015 -003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIAFIRST PROGRAM TO FINANCE RENEWABLE ENERGY AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Continued from the December 16, 2014 City Council Meeting by a vote of 6 -0 ( Tinajero absent). CITY COUNCIL MINUTES 17 JANUARY 20, 2015 1 0A -17 MOTION: Continue consideration of matter to the February 3, 2015 City Council meeting, MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) Reyna (1) None (0) None (0) Martinez, Pulido, 65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Continued from the December 16, 2014 City Council Meeting by a vote of 6 -1 (Tinajero dissented). MOTION: Continue consideration of matter to the February 3, 2015 City Council meeting, MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) Reyna (1) None (0) None (0) ""Councilmember Benavides left the meeting at 7:53 p.m. and did not return. 65C. PARK RANGER /AMBASSADOR PROGRAM POLICY OPTIONS AND RECOMMENDATIONS FROM CITY MANAGER - Parks, Recreation & Community Services Agency OPTIONS FOR CONSIDERATION: CITY COUNCIL MINUTES 18 JANUARY 20, 2015 1 0A -18 A. Begin the Park Ambassador Program and the Police Department's Park Enforcement Liaison Program. B. Continue the existing armed Park Ranger Program. C. Begin recruitment of new armed Park Rangers, such as retired Sheriff Deputies. The following spoke on the matter: • Larry Klein, suggest Council agendize matter in 6 month to 12 month to review effectiveness; report should come from police department and residents. • Ann Salisbury, spoke on behalf of park rangers; opined that City Council has been provided false choices; noted that Anaheim has Ambassadors and Park Rangers; review model with multiple reporting layers; council should also consider Council Chamber ambassadors for Council Meetings if it is based on safety concerns and perception. • Mike Lopez, representing SEIU 721, advocated for Park Ranger program in place since 1980's; support proactive approach; public safety program has been successful; keep parks safe for public and staff; proposed that current rangers remain to prepare the ambassadors. • Monica Sutter, concurred with comments from speakers; supports options B and C as a combination; reliability to address issues at the park are better addressed by rangers than police officers who have other priorities. Council discussion ensued. Councilmember Martinez, opined that City Council has not reviewed all the facts; City is unique and should not rely on practices by other cities to make policy; motion to approve Option C; asked if possible to have existing rangers and move in this new direction; residents have voiced concerns with eliminating ranger program. City Manager Cavazos and City Attorney Carvalho noted that it was against CALPERS regulations to allow current members to continue working part -time; noted that City has tried option C in the past unsuccessfully. Councilmember Martinez, motion to approve Option C, seconded by Councilmember Reyna. Councilmember Tinajero, asked how many Rangers available during the day; asked if City allocated for 1 police officer to patrol the parks; will not support Option C. CITY COUNCIL MINUTES 19 JANUARY 20, 2015 1 0A -19 Executive Director of Parks, Recreation and Community Services Mouet noted that rangers currently work 4 -5 hour shifts and have 2 rangers per shift to oversee all parks. Police Chief Rojas noted that Sergeant Garry Couso has been assigned to oversee the parks and have support of police patrol staff. Councilmember Tinajero, support dedicated police staff to patrol the parks; increased visibility; support Option A and made substitute motion. Councilmember Amezcua, asked if primary assignment will be to patrol parks. Mayor Pro Tern Sarmiento, noted that few armed park rangers are not in the Police Department; concerned that one officer oversees all parks; perception is important and concerned that carrying weapon without proper training a liability; supports ambassador program with police support. Councilmember Reyna, asked how many officer positions are vacant; need to have fully equipped staff to address issues; supports armed rangers program; commented on recent Townsend Gang Injunction and need for preventive programs. Police Chief Rojas, noted that we have 300 vacant positions; calls would be prioritized such as life- saving, in progress calls, drunk in public, etc. Councilmember Martinez, commented that it was ok to have police oversee ranger program; opined that community policing is park ranger program; engagement and interaction is important; role of police officer and ranger are different and need to make sure that officer has training that deal with park issues; proposed 2 officers to cover peak hours; must align with strategic plan; survey community. Councilmember Tinajero, commented that residents have expressed concern with elimination of park ranger program; gang injunction areas already being patrolled by police department; safety, rapport and visibility would be addressed by police officer presence. Councilmember Reyna, noted that this was a retirement issue and not a program issue; not a financial issue why need to revamp program; program was working and no need to change. Mayor Pulido, commented on options A and C; ranger program has provided unique tool that is well integrated with police department; debate now; opposed to change for the sake of change; reality is that police schedules will be hard to integrate with park functions; supports Option C. CITY COUNCIL MINUTES 20 JANUARY 20, 2015 1 OA -20 SUBSTITUTE MOTION: Approve option A to begin the Park Ambassador Program and the Police Department's Park Enforcement Liaison Program. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Sarmiento, Tinajero (3) NOES: Martinez, Pulido, Reyna (3) ABSTAIN: None (0) ABSENT: Benavides (1) 'Motion failed. ORIGINAL MOTION: Approve option C to begin recruitment of new armed Park Rangers, such as retired Sheriff Deputies. MOTION: Martinez SECOND: Reyna VOTE: AYES: Martinez, Pulido, Reyna (3) NOES: Amezcua, Sarmiento, Tinajero (3) ABSTAIN: None (0) ABSENT: Benavides (1) 'Motion failed. MOTION: Continue consideration of matter to the February 3, 2015 City Council meeting. MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) CITY COUNCIL MINUTES 21 JANUARY 20, 2015 1 OA -21 AGENDA ITEM OUT OF ORDER 55B. AMEND CLASSIFICATION AND COMPENSATION PLANS TO ADD TWO JOB TITLES (TREASURY SERVICES SPECIALIST AND PARK AMBASSADOR), CHANGE ONE JOB TITLE (TREASURY MANAGER) AND CHANGE UNIT REPRESENTATION FOR ONE JOB TITLE (POLICE SYSTEMS MANAGER) {STRATEGIC PLAN NO. 71 - Personnel Services Agency and Parks, Recreation & Community Services Agency MOTION: Continue consideration of matter to the February 3, 2015 City Council meeting. MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) Pulido, Reyna, 65D. AGMT NO. 2015 -019 - SECOND AMENDMENT TO CONTRACT WITH CITY MANAGER, DAVID CAVAZOS - Personnel Services Agency Councilmember Martinez, commented that Council had not discussed amendments to contract in Closed Session and would not support motion. Suggested matter be continued to the February 3, 2015 and added to Closed Session Meeting for discussion. Mayor Pulido concurred with comments by Councilmember Martinez. MOTION: Authorize a second amendment to the employment agreement with the City Manager to provide additional benefits that are in line with those received by all other Executive Managers. MOTION: Tinajero SECOND: Reyna VOTE: AYES: Amezcua, Reyna, Sarmiento, Tinajero (4) NOES: Martinez, Pulido (2) ABSTAIN: None (0) ABSENT: Benavides (1) CITY COUNCIL MINUTES 22 JANUARY 20, 2015 1 OA -22 'Mayor Pro Tern Sarmiento abstained on Agenda Item 75A due to campaign contribution and left the dais during deliberation of matter. PUBLIC HEARINGS 75A PUBLIC HEARING - RESOLUTION CERTIFYING THE REVISED ENVIRONMENTAL ASSESSMENT /FINAL ENVIRONMENTAL IMPACT REPORT (REA/FEIR) FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT AND APPROVING PROJECT- {STRATEGIC PLAN NOS. 6,1,G; 3,2,C; & 3,4,G) - City Manager's Office and Public Works Agency Legal Notice published in the Orange County Reporter on January 9, 2015, in La Opinion (Spanish) and the Nguoi Viet (Vietnamese) on January 17, 2015. In addition, notices mailed in English, Spanish and Vietnamese on January 5, 2015. Mayor Pulido opened the Public Hearing. Speaker Dan Domonoske spoke on behalf of Maxima Investments. Opposes option two, travel path of light rail line across Sixth Street through an industrial area, and requests the Operations and Management Facility be properly shielded from the public. There were no other speakers and the Hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -004 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE REA/FEIR FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT AND APPROVING THE PROJECT 2. Adopt the Findings and Statement of Overriding Considerations for the Santa Ana - Garden Grove Fixed Guideway Project; 3. Adopt the Mitigation Monitoring and Reporting Program for the Santa Ana - Garden Grove Fixed Guideway Project; and 4. Approve the Santa Ana - Garden Grove Fixed Guideway Project. MOTION: Pulido VOTE: AYES NOES CITY COUNCIL MINUTES SECOND: Martinez Amezcua, Martinez, Pulido, Reyna, Tinajero (5) None (0) 23 1 OA -23 JANUARY 20, 2015 ABSTAINED AND NOT PRESENT: ABSENT: Sarmiento (1) Benavides (1) 'Councilmember Reyna abstained on Agenda Item 75B due to campaign contribution. Mayor Pro Tern Sarmiento abstained out of an abundance of caution, since he was conflicted in the past and had not participated in discussion of matter; both left the dais during deliberation of matter. 75B PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1501 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) FOR BRISTOL STREET IMPROVEMENT PROJECT {STRATEGIC PLAN NO. 6,1,G; 3,2,C) - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on January 7, 2015. Mayor Pulido, opened the Public Hearing. There were no speakers or written communication. Mayor Pulido closed the Hearing. MOTION: Adopt a resolution. (Requires five affirmative votes.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF THE REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1501 N. BRISTOL STREET (APN 405 -252- 20) iy[ I11MZii�LTiF7iiIiLk7 VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: FA- icy =IZ15 SECOND: Tinajero Amezcua, Martinez, Pulido, Tinajero (4) None (0) Reyna, Sarmiento (2) Benavides (1) Motion failed; condemnations require five affirmative votes. CITY COUNCIL MINUTES 24 1 OA -24 JANUARY 20, 2015 MOTION: Continue consideration of matter to the February 3, 2015 City Council Meeting. iyi[Q11MZEiONno VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: 1.1=KS]Z113W 1ERTZ41M. Amezcua, Martinez, Pulido, Tinajero (4) None (0) Reyna, Sarmiento (2) Benavides (1) "Mayor Pulido left the meeting at 9:11 p.m. and did not return. Mayor Pro Tern Sarmiento assumed the Chair. WORK STUDY SESSION WS -A POLICE PATROL DEPLOYMENT STUDY {STRATEGIC PLAN NO. 1, 5A) - Police Department Continued from the November 18, 2014 City Council Meeting. Police Patrol Staffing Assessment Presented by: Eric J. Fritsch, Ph.D., Professor and Chair, Department of Criminal Justice, University of North Texas Overview of Patrol Staffing Assessment • Research team experience • Multi- faceted methodology utilized • Phone conferences and email exchanges with command staff • Comprehensive review of documents and data • City of Santa Ana and Santa Ana Police Department • Review of nationally recognized best practices and contemporary staffing standards • Development of staffing models utilizing MAPP • 30 variables assessed • Workload assessment • Calls for service and service time variables • Self- initiated and administrative time variables • Leave rate • Performance objectives assessment CITY COUNCIL MINUTES 25 1 OA -25 JANUARY 20, 2015 • Response time variables • Immediate availability variables • Visibility variables • Step 1: Build base MAPP utilizing 2013 data to establish concurrent validity • Step 2: Build patrol staffing projections based on predictive validity of MAPP • Modifications to base MAPP • Increase self- initiated time • Increase administrative time • Decrease response times • Increase immediate availability MAPP Staffing Study MAPP Overview • SAPID retained UNT to answer a fundamental question: o How many patrol officers are needed to adequately police the City of Santa Ana? • Goal: analytically and objectively determine a patrol staffing level that supports the City Strategic Plan, Goal 1: Community Safety • "The City is committed to a high level of public safety and working in partnership with the community to maintain a safe and secure City." • Sec. 5, Subsec. A: "Monitor and report key performance goals such as standards of cover, response time and location of apparatus..." MAPP Implementation • SAPID entered into agreement with UNT to conduct a staffing study to project staffing needs in Patrol • Data from 2013 used to compile data • SAPID Senior Management Team made policy decisions to apply to the MAPP model before arriving at a staffing number • Policy decisions were made based on best practices, public safety and community policing goals • Decision also made to eliminate use of backfill officers from Investigations, resulting in additional 5 FTE's MAPP Policy Decisions • Self- initiated time in minutes per officer, per hour 15 • Administrative time in minutes per officer, per hour 10 • Patrol visibility (hours) arterial roadways 4 • Patrol visibility (hours) residential roadways 36 • Response time goal for Priority 1 (Minutes) 5 • Response time goal for Priority 2 (Minutes) 10 • Response time goal for Priority 3 (Minutes) 5 CITY COUNCIL MINUTES 26 JANUARY 20, 2015 1 OA -26 • Emergency calls with at least one officer available ( %) 95 • Calls for service that cannot be preempted ( %) 33 • Administrative activities that cannot be preempted ( %) 15 • Self- initiated activities that cannot be preempted ( %) 50 MAPP Policy Decisions (cont.) Goal Weight: Each goal assigned a percentage — goals must total 100% • Response time goal to Priority 1 calls ( %) 35 • Patrol visibility objective ( %) 20 • Response time goal to Priority 2 calls ( %) 20 • Response time goal to Priority 3 calls ( %) 20 • Officer availability for emergency ( %) 5 Supervision /Deployment Goals • Average number of officers supervised by a field supervisor 7 • Time spent by supervisors as a primary responder ( %) 5 • Time patrol units are staffed by two officers ( %) 2 Policy Decision Results Call for Service and Service Time Variables Base MAPP: Current conmtiore Variables Changed for Strategic Staffing Plan Annual numberri Prlorlty 16F5 2,19r0 Annual num Wr of PJFill 3 Us 17,698 Annual numF r of Priority 3 CFS SftA95 Average service time (hours) per Priority 16FS iindudes primary and back-up) 2 ,79 Avcmgu sci vice fi Inu(houn)PCIPilmlty 2 CF511ncluJcs In l mm y a rid back up) 158 Average selvice bare (hnurs)p,, Pnorrty3 CFS Qndades pnmary and back -up) 084 Self - Initiated and Administrative Time Variables Performance objective- Self -'mated doe in mm ute s per hour per office r 446 �±..1 Performance oblectve -Administrative time in mloutxs per hour per officer 8 Response Tlme Variables Performance abjetive - onsp ail sc hal c bad) fur Pa WTAY 1 Calls(Innu les) 707 gA+ Perfor oblectve Res se[megoa l far Prior 1, 2 alls(ir ouh, 1131 Perform in ance objective— Response time goal foisdorty 3 mlis( mute, 31,11 Aiva (s4uore rnilosl 2Zg8 Avcraga c,p.a,, speed (mph) fore. eryCnry -1-acs 30.86 Average response sp-d Annal far non meri,enry activities 1727 Immediate Availability Variables Perfprmanre objective Poacntagc of tLnc an ufnar will bvavp @ablub ncJ1a LLIY iu WunJ to a Riurily 1 call 95 Pecentage of calls tar service that cannot be preempted 33 Pecentage nfadminisirative. artivitiesthat cannot b, preempted 15 Percentage ofself- init iated activities that cannot be preempted 50 CITY COUNCIL MINUTES 27 JANUARY 20, 2015 1 OA -27 1ViT&-a :1 Visibility Variables Performance objective- Visibility objective (hours), high way /arterial roadways 4 Performance objective - Visibility objective @ours), collector /resid.,l I roadways 36 Number of miles, highway /arterial roadways 62.25 Number of miles, collector /residential roadways 434.16 Average patrol speed triii 1,12 I Weights for Performance Objectives Response time goal l for Priority 1 calls objective weight (percentage) 35 Patrol visibility objective weight (percentage) 20 Response time goal for Priority 2 calls objective weight (percentage) 20 Response time sca l for Priority 3 ca l is objective weight (percentage) 20 Immediate availability chisel weight (percentage) 5 Leave Percentage Average Percentage of Time On Leave 23.59 Additional Variable Percentage of time patrol units staffed with two officers 2 Number of Patrol Officers current: 142 Projected: 186 Differential: +44 Implementation • Current funded sworn police positions — 338 • Actual sworn police staffing - 300 • MAPP Modeling indicates an additional 44 sworn officers needed to adequately staff patrol • The annual attrition rate for sworn personnel due to retirements is approximately 17 per calendar year o This rate is projected to decline as new employees are hired • To achieve the staffing goals identified in the modeling and keep pace with attrition, it is estimated the Police Department would need to hire 167 officers over five years • This would equate to approximately 33 new hires annually • New academies begin every other month • Requiring 5 -6 recruits per class, or mixed with lateral hires SAFE MOBILITY SANTA ANA (SMSA) {STRATEGIC PLAN NO. 6, 1G) - Public Works Agency Continued from the December 16, 2014 City Council Meeting. Safe Mobility Santa Ana — Presented by Fred Mousavipour, Executive Director of Public Works Agency The Need to Change Mobility Priorities The statistics tell the story: o Most densely populated City in Orange County (Ranking 4th Nationally) 0 52% of Residents are under the age of 30 0 18% of Households are without a car 0 14% of Residents use public transit CITY COUNCIL MINUTES 28 JANUARY 20, 2015 1 OA -28 • Santa Ana ranks 3`d out of the 13 highest population cities in California in injury /fatal traffic collisions • Pedestrian involved: 5/13 • Bicyclist involved: 3/13 Safe Mobility Santa Ana Plan This Plan minimizes the adverse effects of vehicular traffic /speed on city streets through Engineering (Public Works, Planning) Education (Public Works, CMO, SAPID) Enforcement (Public Works, SAPID) Shift in Approach "Safe all- around Santa Ana mobility must be better balanced with regional mobility priorities!" • Plan must be customized to address the specific Needs and Characteristics of Santa Ana • The following staff will develop the plan with technical assistance from a consultant team • William Galvez, City Engineer • Zed Kekula, Senior Civil Engineer • Frank Orellana, Senior Engineer • Cory Wilkerson, Active Transportation Coordinator Consultant Services Hire a consultant team renowned as leaders in the field of safety engineering, education, and enforcement to analyze Santa Ana's traffic patterns: • Collisions Reports • Traffic Volumes • Speed Surveys Provide recommendations and professional expertise based on innovative /creative solutions and Nationally recognized best - practices Safe Mobility Santa Ana Goals • Substantially increase safe mobility in all areas of the City • Achieve zero fatal bike /pedestrian collisions • Reduce vehicle speeds • Minimize demonstrated collision patterns CITY COUNCIL MINUTES 29 JANUARY 20, 2015 1 OA -29 f V w, IJ M, A Tale of Two Intersections • 1st Street & Main Street • AM /PM Peak Traffic: 9213 • AM /PM Bike & Ped: 361 (4% of traffic) • 3 -year collision total: 39 • 3 -year Bike & Ped collisions: 8 (21% of collisions) • Fairview Street & Warner Avenue • AM /PM Peak Traffic: 9970 • AM /PM Bike & Ped: 77 (0.8% of traffic) • 3 -year collision total: 39 • 3 -year Bike & Ped collisions: 1 (2.6% of collisions) Engineering Toolkit of best practices: • Protected bikeways • Road diet/ Narrow lanes • Roundabouts • Median barriers • Crosswalks • Curb extensions • Signalized crossings • LED lighting • Speed feedback signs Citywide Project List • Prioritized based on data (speeds, volumes, collisions, time, etc...) • Multiple alternatives for each location /project • Cost estimates for each alternative • Work seamlessly with other Master Plans (Circulation Element, Active Trans. Plan, Capital Improvement Plan, Pavement Mgmt. Program, LED Conversion, etc...) Education • Utilize national safety campaigns (Click -it or Ticket etc...) • Aggressively pursue grant funds • Continue existing programs CITY COUNCIL MINUTES 30 JANUARY 20, 2015 1 0A -30 • Santa Ana Safe Street Crossers Club and Officer Reggie • Bicycle Rodeos /Traffic Safety Fairs • Develop city /neighborhood specific campaigns/ programs (Safety Ambassadors etc...) • Partner with school districts /police to develop a consistent safety message Enforcement • Increase the number of officers assigned to traffic enforcement while recognizing the goals set forth in the Patrol Study (Univ. of North Texas) • Strategic and focused enforcement based on collision data • High visibility /saturation patrol along identified corridors with a pattern of traffic - related incidents • Continue pursuing grants for D.U.I. enforcement, check points and D.U.I. warrant service • Focused enforcement related to aggressive driving (red light running, speeding, etc...) • Conduct media outreach activities to let the public know about the enforcement activities, goals, and outcomes. Suggested Next Steps • Work Study /Council Input: January 2015 • Draft and release RFP: February 2015 • Dev. & Trans. Committee: April 2015 • Develop SMSA Plan: March -June 2015 • Present Plan to Council: July 2015 Council discussion ensued. Councilmember Amezcua, requested staff evaluates the intersection of Main and Walnut for safety enhancements and suggested item be placed on the Joint Policy /PREY Council Committee meeting agenda with the SAUSD. Councilmember Martinez, suggested bylaws of Environmental and Transportation Committee (ETAC) be revised to include transportation related issues. COMMENTS PUBLIC COMMENTS Jerry Davis, spoke on Measure BB, noted that 1,000 buffer an issue at proposed site (3619 W. Pendleton, Ste. A); requested a variance of 50 feet to move forward with his application. CITY COUNCIL MINUTES 31 JANUARY 20, 2015 1 OA -31 • Tim Houcher, spoke in opposition to homeless check -in center; serving of food will be resisted; less emphasis on law enforcement and more on economic development; would like to participate in the process as it relates to check -in center. • Pastor Terece Wingo, opposed to regulation of homeless services by ministries. • Sharron Barsjishat, owner of Paninoteca Maggio, spoke of inconsistencies of business inspection and permitting process. • Armando Olvera, owner of Showers of Blessings; provides free services to homeless. • Heidi Garcia, thanked City Council for leadership; represent the homeless; resources need to be better directed. • Smitty, disapprove of homeless check -in center, social services need to be provided to address mental disabilities. • Hector Figueroa, representing Shower of Blessings and Reach for Jesus First; opined that resources are being wasted because non - profits already providing services including feeding. • Brizy Mae, representing Civic Center Roundtable, demanded that restrooms remain open; need permanent shelter and requested moratorium of police ticketing of homeless. • Barbara Lamere, thanked staff and the City Council now that park lights are working; City needs to be proactive and not defer maintenance, in the future. • Desiree Gutierrez, elected board member of Southwest Little League, submitted timeline of events that allowed another board to take over their League. • Moises Vasquez, board member of Southwest Little League at Memorial Park, players have been displaced; request assistance to address issue. • Ralph Dominguez, acting President of Southwest Little League at Memorial Park, attended PREY Council Committee to express concern with fraudulent League. • Ilya Tseglin, spoke of County social services that need reform. • Robert Tseglin, request assistance with County services. o Mayor Pro Tern Sarmiento referred speakers to Dayle McIntosh Foundation for assistance. • Ron Gonzales, Relampago del Cielo, invited all to attend their annual concert on Saturday, January 24th at 7 p.m. at Santa Ana High School. • Madeleine Spencer, wished all a Happy New Year; opposed to change in policy to move public comments to the end of the meeting. • Donald Dillon, concerned with police ticketing homeless; request assistance. 90A. CITY MANAGER'S COMMENTS • Reported that City has $12 million surplus • Orange County Fire Authority held successful Smoke Detector Installation Day. 90B. CITY COLINCILMEMBER COMMENTS Councilmember Reyna: CITY COUNCIL MINUTES 32 JANUARY 20, 2015 1 OA -32 • Wished all a Happy New Year; • Encouraged all to conserve water; • Participated in Relay for Life kick -off meeting scheduled for April 18 and 19; Team Santa Ana established; all invited to attend; • Attended Youth in Government conference last week; next month will be in Sacramento; noted that students from Santa Ana proposed the statewide seat belt requirement; • Suggested technology upgrades in the Council Chamber to include video conferencing, etc.; • Request staff agendize Council resolution on rules and regulations (decorum); • Staff to follow -up on business license fees information previously requested; and • Asked all to shop in Santa Ana this Valentine's Day. Councilmember Martinez: • Happy New Year to all; • Request staff agendize the Rules of Decorum for Council consideration; concerned with public comment period; • Urged all to Vote at the Special Election for the vacancy position of 1st Supervisorial District on January 27th; do not take right to vote for granted; • Welcomed new commissioners that were appointed at tonight's meeting and thanked outgoing commissioners; • Would like staff to agendize consideration of dog park at upcoming PREY Council Committee; • Noted that some residents recently received discriminating flysheets at their homes; unacceptable to have such racism in our community; • Requested staff reach out and get input from the faith groups and homeless roundtable group on homeless shelter center; and • Adjourn in memory of her friend Frankie Oviedo; expressed condolences to his family. Councilmember Tinajero: • Happy New Year; • Commented that son has played All American League; Northwest Little League approached the City a year ago to change to Santa Ana Pony League and successfully implemented; residents now have a choice to register with little league or pony league. Mayor Pro Tern Sarmiento: • Thanked all for participating in meeting; • Wished all a Happy New Year; and • Urged all to vote on Tuesday, January 27th, all votes matter! CITY COUNCIL MINUTES 33 JANUARY 20, 2015 1 OA -33 ADJOURNED- 11:17 p.m. - The next meeting of the City Council is scheduled for Tuesday, February 3, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. ADJOURN IN MEMORY OF FRANKIE OVIEDO Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal • Water and Sewer Rate Update CITY COUNCIL MINUTES 34 JANUARY 20, 2015 1 OA -34 CITY OF SANTA ANA COUNCIL COMMITTEE SPECIAL MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY January 27, 2015 12:00 PM CALL TO ORDER City Hal[, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson David Benavides Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes for January 12, 2015 2. Downtown Banner Program {Strategic Plan 3, 4.a) (Kelly Reenders, CDA) 3. Report on Inclusionary Housing Fund Application {Strategic Plan 5, 3.b) (Kelly Reenders, CDA) 4. FY 14 -15 Second Quarter Actuals of General Fund revenues and expenditures (Strategic Plan No. 4, 2b) (David Cavazos, CMO) Unfunded Pension Liabilities and Other Post Employment Benefits (OPEB) Discussion {Strategic Plan No. 4, 2d (David Cavazos, CMO) Development Services Counter Electronic Queuing System — Progress Update {Strategic Plan 3A) (Vince Fregoso /Matt Foulkes, PBA) Prop 1A— Gas Tax Update (Francisco Gutierrez, FMSA) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Sal Tineero, Vincent F. Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward Wuldoasantn-ana,o Ward VSe,me orrDSanlaan WaRIneZ05anW an AAme uala] te -e m _DBepavtles(@sena en RR,,n5sana sn STlne em(dsanle -ena a,o City Hall, 20 Civic Center Plaza . P.O. Box 1988 s Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714. 647.6520 . Website: www.santa -ana ora 13A -1 Special FEDT Agenda 2 January 27, 2015 STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT — Next regularly scheduled meeting is March 9, 2015 13A -2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES JANUARY 12, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:38 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson David Benavides, Vice - Chairperson Vincent Sarmiento, Committee Member MEMBERS ABSENT: STAFFPRESENT: None Francisco Gutierrez, FMSA Sergio Vidal, FMSA Teresa Ramirez, FMSA Waldo Barela, FMSA Alvaro Castellon, FMSA Sandra Simon, FMSA David Cavazos, City Manager Kelly Reenders, CDA Marc Morley, CDA Leigh Eisen, CDA Jorge Garcia, CMO Vince Fregoso, PBA GUESTS PRESENT: Ana Urzua, Santa Ana Building Healthy Communities (SABHC); Nancy Mejia, Latino Health Access (LHA); Claudia Arellanes, Santa Ana Business Council PUBLIC COMMENTS(After Item 4 presentation) • Ana Urzua, Campaign Coordinator for Santa Ana Building Healthy Communities spoke in support of Santa Ana Wellness District. • Nancy Mejia, Latino Health Access spoke in support of Santa Ana Wellness District. • Claudia Arellanes, Santa Ana Business Council spoke in support of Santa Ana Wellness District. • Abel Ruiz, works with high school students and organic waste collection, spoke in support of Santa Ana Wellness District. • Samuel Romero, Santa Ana Business Council, resident and former business owner, spoke in support of Santa Ana Wellness District and shopping in Santa Ana. January 12, 2015 1 Finance, Economic Development, & Technology Minutes 13A -3 • Paul Chamberlin, restaurant owner, LHA, Wellness Corridor, spoke in support in Santa Ana Wellness District. • Lynnete Guzman, Kidworks, spoke in support of Santa Ana Wellness District. • Gabriella Bailan, Kidworks, Junior at Segerstrom High School and member of Kidworks, spoke in support of micro farms and Santa Ana Wellness District. • Madeleine Spencer, resident and member of SACRED, spoke in support of Santa Ana Wellness District. • Marilynn Montano, volunteer at El Centro Cultural de Mexico, spoke in support of Santa Ana Wellness District presentation. • Jeanette Rubio, resident and member of Latino Health Access, spoke in support of Santa Ana Wellness District. • Elisabeth LeGuin, resident and professor at UCLA, spoke in support of Santa Ana Wellness District. • Victor Payan, resident and member of Unite Artist of Santa Ana (UASA), spoke in support of Santa Ana Wellness District. • Misael Diaz, resident and artist, has spent last two years documenting history of downtown. Spoke in support of Santa Ana Wellness District. • Julie Castaneda, Kennedy Commission, spoke in support of affordable housing in Santa Ana. • Juan Carlos Macedo, resident and member of SACRED, spoke in support of Santa Ana Wellness District and need for city to support community gardens. AGENDA DISCUSSION ITEMS 1. Approval of Minutes from the Regular Meeting of November 10, 2014. MOTION: Benavides SECOND: Martinez VOTE: AYES: Martinez, Benavides, Sarmiento (3) NOES: None (0) ABSENT: None (0) January 12, 2015 1 Finance, Economic Development, & Technology Minutes 13A -4 (Item 4 was taken out of order.) 4. Santa Ana Wellness District: A Study of Demand and Supply for Wellness Goods and Services in Downtown, Santa Ana, California — (Jeb Brugmann, The Next Practice & Ana Urzua, Building Healthy Communities) Utilizing video conferencing, Jeb Brugmann of The Next Practice (Canada), provided presentation that focused on: 1) What is the downtown's existing competitive advantage — for both traditional and new customer segments? 2) What is the potential to increase sales and to renew downtown retail through a 'wellness district' strategy? 3) How is that potential most cost effectively achieved, with the greatest local economic and social benefit? Three scenarios were provided to councilmembers: 1) The Latino Downtown Revival; 2) The Santa Ana Downtown Tourism; 3) The Post - Latino Downtown. Detail of changes provided within video presentation along with handout of their working draft of Resolution for the City Council. Councilmember David Benavides had several questions for Mr. Brugmann regarding the source of his data and other information. Would like open discussion to review several questions and responses. Committee Chair Martinez stated that health and wellness has been talked about since 2006 and should be a part of economic development. Branding and embracing the Latino community would be an opportunity to be proud of our culture and people that make us a vibrant community. Much of what was presented we are already doing, we just need to balance downtown and set good policies to move us forward. We don't want to miss any opportunities to invest in Santa Ana. Councilmember Vince Sarmiento withheld comment until after public comments were completed. He met with Jeb several years ago. Downtown goes through cycles, cultures, and generational influences. All wanting downtown healthy, successful, and to be a draw from outside and also from immediate area. Continue to reinvent downtown. Latino Downtown label should be embraced. In support of principles outlined in resolution. Initial motion by Committee Chair Martinez to move forward to full City Council in March, with review by staff (City Attorney's Office, City Manager's Office, Community Development Agency) and Ana Urzu. City Manager, David Cavazos, has identified 18 issues regarding policies and authorities. City Manager's office will review and write summary of issues as well as an analysis of the Resolution and forward to the City Council. January 12, 2015 1 Finance, Economic Development, & Technology Minutes 13A -5 Revised Motion: Move forward with staff to work with Ana Urzua, Santa Ana Building Healthy Communities and bring forward to full city council. Staff task: City Manager's office will review and write summary of issues as well as an analysis of the Resolution and forward to the City Council. MOTION: VOTE: Martinez AYES: NOES: ABSENT: SECOND: Benavides Martinez, Benavidez, Sarmiento (3) None (0) None (0) 2. Economic Development Taskforce Recommendation to Develop Citywide Economic Development Strategic Plan (Strategic Plan No. 3.1a) — (CDA) Kelly Reenders, Executive Director, provided presentation on strategic plan listing taskforce panelists and rating of consultants. Committee members would like additional information (background on firms, scope of work, cost breakdown). Highest ranked firm, RSG, has worked with City before in Redevelopment Agency and is retooled. Councilmembers have concerns due to past history and need information on prior expertise in strategic planning with other cities. Councilmembers inquiring on makeup of taskforce who will be covering Latino issues. Executive Director stated all candidates had been invited to attend. (Item 6 was taken out of order.) 6. Update on 815 North Harbor Multi- Housing Project Financing (Strategic Plan No. 5.3a) — (CDA) PowerPoint presentation and handout provided by Executive Director, Kelly Reenders. C &C Development Company in partnership with City on this project. Proposed unit mix: 68 three - bedroom units and 1 two - bedroom unit. Motion to move item forward. Kelly Reenders, Executive Director, updated committee on progress and timeline of MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento, Benavides (3) NOES: None (0) ABSENT: None (0) January 12, 2015 1 Finance, Economic Development, & Technology Minutes 13A -6 5. Report on Inclusionary Housing Fund Application (Strategic Plan No. 5.3b) - (CDA) Kelly Reenders, Executive Director, provided committee members a memo on Housing Opportunity Ordinance Inclusionary Housing Funds Application that outlined the application timeline and outreach efforts. A draft of the Affordable Housing Funding Application was also provided for review. Committee Chair Martinez would like a copy sent to Mayor and all City Council members so they can be fully aware. ITEMS MOVED TO NEXT COMMITTEE MEETING Due to time constraints, the following items will be placed on the next meeting's agenda. • ( #3) Report on Downtown Banner Program • ( #7) FY 14 -15 Second Quarter Actuals of General Fund revenues and expenditures • ( #8) Unfunded Pension Liabilities and Other Post - Employment Benefits (OPEB) • ( #9) Development Services Counter Electronic Queuing System — Progress Update COMMITTEE MEMBER COMMENTS -None STAFF MEMBER COMMENTS - None Adjournment — 7:53 p.m. Teresa R irez, CA -OM Recordi g Secretary, CDA January 12, 2015 1 Finance, Economic Development, & Technology Minutes 13A -7 13A -8 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT JANUARY 27, 2015 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Martinez, Reyna, Police Chief, OCFA Division Chief, Senior Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes of the 12 -8 -14 Meeting 2. Patrol Deployment/Geographic Policing (Discuss deployment of patrol personnel into smaller neighborhood areas to increase accountability and effectiveness.) — Commander Jason Viramontes {Strategic Plan Goal No. 1, If and 1j} 3. Police Officer Body Cameras (Update on Obama Administration funding for police officer body cameras /Introduce the formation of the intra - Department Exploratory Committee.) — Chief Rojas {Strategic Plan Goal No.1, If and 3b} 4. Police Department Special Events Costs (Review Police Department costs related to special events.) — Chief Rojas {Strategic Plan Goal No. 1, 3a} ®If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021 ncil Miguel A. Pulldo, Vince Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tem, Ward 2 Ward 3 i Ward 4 Ward 5 Ward 6 MPUlltlo(o2sanla -ane om Ward MMadnez(Aaan[a -ana cm PAmezcua(Aeanla -ene on DBenevlrlas(�sanaan RRevnano san acrd eT'neeol�san aana om VSe mlantoi santa -ana om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 • Age rIaMISies: 714. 647.6520 • Website: www.santa- ana.ora 20 Update on Asset Forfeiture Funds (Discuss and review of 2013 Asset Forfeiture Fund Expenditures) — Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 3a) Santa Ana Volunteers Hourly Contributions 2014 Report (Discuss Santa Ana Police Department's volunteer program.) — Chief Rojas (Strategic Plan Goal No. 1, 1f) Homeless Check -In Center (Update on the check -in center and property storage facilities) — Sr. Management Asst. Alma Flores {Strategic Plan Goal No. 5, 3d) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS 1. Police Recruitment 2. Fireworks 1 Garage Conversion Discussion 4. Restorative Justice 5. Transgender Community 6. Towing Contracts /RFP Process 7. Myrtle /Townsend, the area around KidWorks ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, March 24, 2015 at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http://www.santa:aD2.org/strategic-planning/. 1(7��If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana Miguel A. Pulido, Vince Sarmlento, Michele Martinez, Mayor Mayor Pro Tem, Ward 2 NPUIIAO(ASanFa- ana.om Ward 1 MMerllnazrmsanla- ana.om I VSanlenttoeuanta-ana.ofa City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714 - 647.6900 • A Angelica Amezcua, Ward 3 I AAmezcualo�sanls- ana.om • P.O. Box 1988 Benda Item Inquiris 13A -10 P. David Benavides, Roman Rayne, i Sal Tinajero, i Ward Ward i Ward j ARenavltles(alsante- ana.om RftevnaiUSanle- ana.om ST nale oitlsan�a -ene 1 i I • Santa Ana, California 92702 s: 714.647 -6520 • website: www.santa- ana.orn CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES December 8, 2014 CALL TO ORDER: Santa Ana Police Department Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Michele Martinez Roman Reyna STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Devin Leonard, OCFA Laura Rossini, CAO Ken Gominsky, PD Robert Carroll, PD Alma Flores, CMO Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Massimo Marin Susan Sandoval Debbie Muise Eric Scandrett Ann Salisbury Monica Suter Renee Hernandez Tish Leon Rich Garcia Steve McGuigan Richard Barasch Rick Niedermayer Alfonso Alvarez 13A -11 George Garcia Alberta Christy Larry Klein Dave Hoen America Najera Abraham Medina Ed Murashie Chairman Benavides opens the meeting with item No. 1 on the Agenda. AGENDAITEMS 1. Approval of Minutes of 9 -29 -14 Meeting Motion: Approve the Minutes of 9 -29 -14 meeting. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez NOES: None (0) ABSENT: Reyna Motion carries. At this time, Chairman Benavides asks for those public speakers who want to comment on an agendized item. PUBLIC COMMENTS Massimo Marin asks the Committee to move forward with a storage center for the homeless, preferably at the OCTA building. He asked for a day center with bathrooms or port-a- potties, operating hours for the bathrooms, 6:00am — 10:00pm. Susan Sandoval, resident, here on behalf of Community United for Justice. Supports a center for the homeless at the OCTA building that would provide bathrooms, storage facilities, and security. AGENDA Chairman Benavides goes back to the Agenda and explains that some items may be taken out of order. 13A -12 2. Recruitment Update (Follow -up) — Admin. Manager Robert Carroll [Strategic Plan Goal No. 1, 5a} Police Admin. Manager Carroll gives a Power Point presentation updating the Police Department's efforts on recruitment and hiring of police officers. Currently, there are 38 sworn vacancies which are primarily the result of retirements. During the past year, 17 officers have been hired, and the COPS grant provides funding for 10 additional officers. The Department presently has five Background investigators, and commencing July 1, 2015, a Senior Personnel Analyst will be assigned to the Police Department to focus on hiring. Items 7 and 8: Property Storage Options for the Homeless Population and Bathroom Access Hours for the Homeless Population, respectively — Sr. Management Asst. Alma Flores {Strategic Plan Goal No. 5, 3d} Senior Management Assistant Alma Flores has a Power Point presentation addressing a check -in center which would offer safe and secure storage, resources such as education, job training, and information on housing, and would provide bathrooms. SMA Flores asked for the Committee's support to bring this to the City Council meeting on December 16th for fimding. Spoke about the use of performance measures that the City would use to evaluate the effectiveness of the center. At this time, it would be a pilot program with the goal of transitioning people into permanent housing. City Manager Cavazos also asked the Committee for their approval to move forward on December 16th as a pilot program. MOTION: Michele Martinez requests to move this item to City Council on December 16t11 SECOND: Benavides VOTE: AYES: Martinez, Benavides, Reyna NOES: None (0) ABSENT: None 6. Jail Pro Forma (financial statement) — Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 4a} Police Admin. Manager Robert Carroll has a Power Point presentation updating the financial state of the jail business model. The jail had been operating with an $8 million deficit for fiscal year 2011 -12. In 2013 -14, staff analyzed jail operations to identify new cost - saving efforts and new revenue opportunities. The Cormcil approved an increase to the US Marshal's per diem rate, and the Jail implemented a new Pay -to -Stay program and new booking fees. In November, the Council approved the new Bureau of Prisons agreement. By utilizing part-time Correctional Services Officers, the Jail anticipates a cost savings which will continue to grow. 13A -13 At this time, Chairman Benavides comes back to Public Comments from speakers who wish to address items that are not on the Agenda. PUBLIC COMMENTS: Debbie Muise, resident of Morrison Park neighborhood: requests reconsideration for the elimination of Santa Ana's five park rangers. Neighborhood associations were not notified about the park ranger issues. Eric Scandrett, resident of Morrison Park: would like residents to be notified when major changes are to be made, such as recent discussions about traffic guards, homeless shelters, and now park rangers. Ann Salisbury, resident of Floral Park neighborhood: Santa Ana is one of the most densely populated cities in America; she wants the parks to be safe. Would like the park rangers to remain, believes the police will not want to take reports of low -level crimes. Monica Suter, here on behalf of Service Employees International Union (SEIU), Santa Ana Chapter, currently President. Ms. Suter is also a City employee for almost 16 years. Indirectly heard that the Park Ranger program was going to be eliminated and sent an e -mail to Ed Raya, Executive Director, Personnel. Concerns involve not only our members, but the community members. Do not want to move this to the Police Department because of the low level crimes that won't be addressed. Put this item on hold. Renee Hernandez, Santa Ana City employee representing the park rangers: hold off on a decision, look at all alternatives. The park rangers provide a very important service. Tish Leon, regarding the park rangers: at least give the community a chance for their input. Ms. Leon was also upset about the arrests of two females over the weekend. The females are community activists who were arrested at a DUI checkpoint while they were there with Cop Watch. Complaint of the officers being disrespectful, as well as jail staff. Rich Garcia, Memorial Park Neighborhood Association: out of 35 neighborhood associations, only one knew about the park ranger item. He said he was speaking for the leaders of all the Associations saying there needs to be transparency regarding safety issues for the public. Steve McGuigan, Riverview West and Westend COP: high density areas that need park rangers in the parks, not the police. Want the police out patrolling the streets. Table the decision for now. 13A -14 Richard Barasch: 75 million dollar grant for body cameras, use of cameras actually de- escalates situation, people behave more. Apply for a grant for body cameras, Taser is one company. Also have Emergency Operations Coordinator come out to Com -link meetings. Rick Liedermayer, President of AYSO soccer league in Santa Ana: says the park ranger item was on the Agenda back on January 25t1' 2013, but it was moved and never brought up again until now. AYSO league administrators depend on the park rangers. He is concerned that if you eliminate the park rangers, need to hire more police officers and how long will it take them to get up to speed on Parks & Ree policies and procedures? Alfonso Alvarez, Madison Park neighborhood: Obama's proposal for funding to the local community towards the purchase of body cameras is good public policy. Other cities that use body cameras have seen a reduction in civil complaints and lawsuits. George Garcia: If you want to do away with the park rangers, why don't you get rid of the school police too? We can have all policing. He would like the park rangers to stay in Thornton Park for security. Alberta Christy, former city council member and resident Valley Adams /Centennial Neighborhood Association: Alan Dobey was the former Executive Director of Parks and Recreation who developed the park ranger program. I was told it was a PERS issue and, if so, hire retired Sheriff s. We need enforcement in the parks. Larry Klein, Morrison Park, does volunteer work in the parks. He says the park rangers take care of enforcement, lighting, equipment such as tennis nets. He is not sure the police would consider this a priority. Find a solution to try to keep the park rangers. Dave Hoen, resident, agreed with everyone to keep the park rangers. Provide additional services for the homeless, but let's do it with the eye of trying to improve our city. America Najera spoke about incident on December 5`h, alleging police misconduct towards two long time community activists who had worked on the car impoundment policy that was passed in 2011. She demanded all charges be dropped and that the Police Department not get involved in community work. Wants more funding for community -based projects, not more police. Abraham Medina, Boys and Men of Color. Police harassment needs to stop, violent community policing practices. Minor was beat up for trying to exercise his constitutional rights, asking if he was being detained or arrested. Police also threatening community members who are trying to do good for the city. 13A -15 Chairman Benavides brings the meeting back to Items on the Agenda: 4. Broaden Communications Information Sharing and Community Awareness of Public Safety Activities (Update on the City's Emergency Operation Center and community awareness of emergency preparedness.) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2e and 2f} Commander Gominsky has a Power Point presentation updating the City's emergency preparedness plan to include a community evacuation strategy to respond to natural disasters. The City will also partner with emergency assistance and disaster relief organizations to promote community awareness of emergencies through the City's website, social media, at community events, and a public advertising campaign. The City's Emergency Operations Coordinator is going through all plans, and his recommendations will be forwarded to the Police Department's Senior Management Team for evaluation. The Police Chief will then bring to the City's Executive Management Team. 5. Plan for Community Oriented Policing Survey — Commander Ken Gominsky {Strategic Plan Goal No. 1, la and lb} Commander Gominsky has a Power Point presentation which gives an overview and update of the Community Oriented Policing (COP) survey to complete a COP strategy. It outlines the goal, which is to see what residents and businesses believe COP should be in Santa Ana, plans to reach that goal, and information that has been gathered from several informal discussions that have already taken place. ACTION: Commander Ken Gominsky will give an update on the community engagement policing plan at the next Public Safety meeting. COMMITTEE MEMBER COMMENTS On Item No. 2, Recruitment Efforts: The Public Safety Committee members expressed support for hiring additional patrol officers. They were interested in the recruitment process, and suggested looking at Criminal Justice programs at Santa Ana College and Cal State - Fullerton, as well as using social media. They were interested in how we effectively communicate who we are as a city: how we deal with cultural competence and social equity within our own Police Department. 13A -16 ACTION: Chairman Benavides asked for a report back to the Committee on examples and updates used on social media and the feedback from applicants. He also requested the training police officers receive to deal with cultural competence. On Item Nos. 7 and 8, Homeless Check -In Center: The Public Safety Committee was concerned with funding a pilot program without going through the RFP process and making a policy decision based on the presentation which did not include photos of the pods proposed for storage or the size of the area. ACTION: Sr. Management Assistant Alma Flores to provide more detailed information on the proposed sites and pods for storage. On Item No. 6, Jail Pro Forma: The Committee commended Chief Rojas and the POA for hiring part-time correctional officers as a step in the right direction for lowering the deficit operating costs of the jail. They were also interested in the reduction of IC'E detainees, partially due to immigration reform. ACTION: Police Admin. Manager Carroll will continue to update the Committee on the Jail's operating costs and revenues. The Committee engaged in all topic areas, reinforcing and emphasizing their commitment to community safety as a critical goal in the City's Strategic Plan. Committee Member Reyna requested that there be a presentation at the next meeting regarding how the City is moving forward with our federal lobbyists to secure funding through different grants being offered. Item #3 has been moved to the Agenda for the next Public Safety meeting. 13A -17 FUTURE AGENDA ITEMS ➢ Update on Asset Forfeiture Funds ➢ Police Recruitment ➢ Garage Conversion Discussion ➢ Restorative Justice ➢ Transgender Community ➢ Towing Contracts /RFP process. ➢ Myrtle/Townsend, the area around ICidWorks Chief of Police 13A -18 SANTA ANA UNIFIED SCHOOL DISTRICT /CITY OF SANTA ANA COUNCIL JOINT POLICY MEETING Santa Ana City Hall Ross Annex, Room 1600 Monday, January 26, 2015; 5:30pm AGENDA ITEMS CALL TO ORDER: PUBLIC COMMENTS- Members of the public are allowed three minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. 1. Approval of Minutes of the June 10, 2013 meeting 2. Review of Joint -Use Issues 1. Centennial Park Home Run Fence 2. Centennial/ Godinez Synthetic Turf 3, Master Joint Use Agreement 3. Main and Walnut /Traffic Safety Issue 4. SAUSD /City Partnership on Wi -Fi System 5. General Discussion 1. Joint -Use 2. Communication 3. Security 6. Roosevelt /Walker Joint Project Update 7. Discuss Schedule for next meeting ADJOURNMENT: City of Santa Ana Santa Ana Unified School District Council Member Sal Tinaiero Board of Education President John Palacio Council Member Angi Amezcua Board of Education Vice President Cecilia Iglesias Council Member Roman Reyna City Manager David Cavazos Superintendent Rick Miller 16-d- If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 - 53411. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title It, 28 CFR 35,102) 13A -19 13A -20 MINUTES OF JOINT POLICY MEETING SANTA ANA UNIFIED SCHOOL DISTRICT & SANTA ANA CITY COUNCIL June 10, 2013 CALL TO ORDER Joint Policy meeting convened at 6:00 p.m. at Santa Ana High School Principal's Conference Room, 520 W. Walnut, Santa Ana, California. ATTENDANCE City Council members Present SAUSD Board members Present Sal Tinajero Roman Reyna Angelica Amezcua Rob Richardson Audrey Yamagata -Noji, Ph.D. City Staff Present: Kevin O'Rourke, Interim City Manager Debbie Kurita, Deputy City Manager Jose Sandoval, Chief Assistant City Attorney Carlos Rojas, Interim Police Chief Gerardo Mouet, PRCSA Executive Director Ron Ono, Administrative Services Manager Jeannie Jurado, Interim Community Services Manager SAUSD Staff Present Stefanie Phillips, Ed.D., Deputy Superintendent, Operations Joe Dixon, Assistant Superintendent, Facilities & Governmental Relations Art Jimenez, Director of Constituency Services Cynthia Gastelo, Board Recording Secretary PUBLIC COMMENTS: None LOCAL CONTROL FUNDING FORMULA o Dr. Phillips provided information on the Local Control Funding Formula. She indicated changes are occurring and funding allocations are in negotiations, but the District anticipates an overall higher level of funding. On June 25th the SAUSD will be adopting a budget based on current law. If additional funding is provided, the District has 45 days to revise the budget. o Dr. Noji indicated the budget is in place for 2013 -14, but it is unknown for 2014 -15. They are pleased the governor's proposal will recognize Santa Ana. City /School Joint Policy Meeting 115ix -� i June 10, 2013 REVIEW OF SCHOOL RADIUS MAPS (Marijuana Dispensaries) • Mr. Richardson indicated there are concerns with the first draft of the initiative and that there is a need to regulate the uses. Schools need to be a free zone from marijuana use. The SAUSD is interested in working with the City to manage dispensary areas. • Chief Rojas indicated there is a Federal code that requires a minimum of 600 foot radius for the placement of dispensary around schools. Approximately 109 locations have been closed that did not meet this requirement. • Mr. O'Rourke indicated that the November 14th ballot has the language of the initiative. The question is -will local measures supersede the Federal requirement? City Council and SAUSD will need to work together to support an ordinance and /or regulation of this issue. • Mr. Reyna stated that he knows of the 600 ft. requirement, but would support an increase of the radius to 1,000 ft. • Mr. O'Rourke asked if this requirement includes private schools. If yes, this would help provide additional support. • Mr. Richardson indicated that there is a need to follow up by the end of the month on the local regulation requirement. REVIEW OF JOINT -USE AGREEMENTS o Centennial Park Home Run Fence • Mr. Dixon provided information on the fence issue and presented the Godinez Fundamental High School proposal to keep the homerun fence up year round. • Mr. Tinajero indicated although the District committed to no fence around the school, there is a need to fence the ballfields. He stated that in order to be competitive the District must play year round. • Mr. Mouet indicated that the original agreement with the District indicated no fencing. The agreement amendment allowed the District to fence, but the fence to be removed after the season. • Mr. Reyna asked if there were gaps in the fence for public access. The response was yes; between the ballfields. • Ms. Amezcua inquired if the reason for the fence to stay up is due to safety. • Mr. Mouet indicated the SAUSD /City staff will work on an amendment to allow the District to keep the fence up year round. o Centennial/Godinez Synthetic Turf • Mr. Mouet indicated that the City collects a soccer surcharge to build new synthetic turf fields. Currently, the account has a balance of approximately $400,000. The PREY Committee suggested using the funds to install synthetic turf on the Godinez football /soccer field. City /School Joint Policy Meeting Pa e 2 Jame 10, 2013 13X -22 • Mr. Reyna indicated since sports lighting exists on the field, it may be a good idea to install synthetic turf, but also recommended the installation of a rubberized track with the project. He asked if the field needed to be fenced. • Mr. Mouet responded; to protect the synthetic turf the field should be fenced. • Mr. Reyna asked about something being done about the track, perhaps being rubberized. • Mr. Tinajero indicated that rubberized track can be an issue. o Current Project Update • Mr. Dixon provided and update on the Willard, Garfield, Monte Vista, Roosevelt and Madison Joint Use projects. • Mr. Reyna stated that at one point the City was to acquire land across Garfield School to develop a park? • Mr. Mouet indicated three homes were acquired by Redevelopment, but most of the site has not been acquired due to the elimination of Redevelopment. o Master Joint Use Agreement • Mr. Mouet indicated that there are a number of different Joint Use Agreements. Walker being the latest one approved. The Godinez Joint Use Agreement created a Technical Advisory Committee of appointed city /school staff that meets once a month. The committee has looked at issues beyond the Godinez site and has discussed the possibility of creating one master joint use agreement. Models of Master Joint Use Agreements have been collected from other school districts. • Mr. Dixon indicated the old joint use agreements do not line up with the new joint use agreements. He suggested one master joint use agreement and one agreement for each giving the opportunity to address all joint -use agreements. • Dr. Noji stated that the proposal would address all the other joint use sites. • Mr. O'Rourke indicated getting there requires a lot of commitment. There are different issues at each site. BUILDING HEALTHY COMMUNITIES • Mr. O'Rourke indicated Councilmember Martinez is very involved with the health issue and the City has adopted a Healthy Communities Resolution. • Chief Rojas indicated the Police Department has sent staff to attend safety committees and healthy committee meetings. • The SAUSD would like additional information about the Santa Ana Building Healthy Communities and perhaps invite someone from the California Endowment to present at a future meeting. City /Schoot Joint Policy Meeting 1 Sig _3 3 June 10, 2013 MOU — SCHOOL DISTRICT CHIEF OF SCHOOL POLICE SERVICES • Mr. O'Rourke indicated the city just completed the budget process, which indicated the need to return the Lieutenant to the City. • Dr. Noji indicated the School Chief has helped make tremendous improvements in the District security program. • Chief Rojas indicated he knows how much improvement the Lieutenant provided to the District and asked if the District is willing to contract and pay 100% of the position cost? He stated that the Police Department needs the person back or to hire a person to contribute to the management and oversight of the agency. • Mr. O'Rourke asked if the individual is willing to move to the District as a District employee? • Mr. Richardson is concerned about community safety and is not concerned about who pays? He stated that the City should be happy that we have a professional running the SAUSD police organization. • Dr. Noji indicated that the City and District should be working together to resolve this situation. • Mr. Richardson indicated that a 90 -day notice is not enough time to recruit for this position. • Dr. Noji asked if there are other options. o Mr. O'Rourke indicated he needs to make it clear that there are no other options, the position is needed back to help with SAPID Operations. LEADERSHIP CHANGES • Mr. Richardson indicated that Dr. Melendez is retiring and the District is interviewing for an Interim Superintendent. An announcement will be made on Tuesday night at the Board meeting. The District is currently doing a nationwide search for a permanent Superintendent. • Mr. O'Rourke indicated the City is recruiting for a permanent City Manager. There have been 64 applications received and the city will be conducting interviews with the top 12 applicants. The City anticipates naming a new City Manager by mid - August. OTHER OPPORTUNITIES FOR PARTNERSHIP • Mr. O'Rourke asked how often should this group should meet? • Mr. Richardson indicated the next meeting should be held in mid - September. • Dr. Noi.i indicated the District will be sending a schedule for the intramural program to Sal Tinajero. ADJOURNED: 7:55 p.m. t'' Gerard Mouet, Executive Director City of Santa Ana PRCSA City /School Joint Policy Meeting Pa *e 4 June 10, 2013 13X -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: REQUEST FOR PROPOSALS FOR THE ARTS AND CULTURE MASTER PLAN {STRATEGIC PLAN -VO. 5, 5A} F6< 4? CA/11ZOr RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: p•�C• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On January 15, 2015 the Arts and Culture Commission voted to release a Request for Proposals (RFP) for the development of the Arts and Culture Master Plan for the City of Santa Ana. The Request for Proposals (Exhibit 1) is for professional services to assist City staff with the development of an Arts and Culture Master Plan in furtherance of the implementation of the Santa Ana Strategic Plan (Goal 5, Strategy 5a). The goal of the Arts and Culture Master Plan is to create a common vision for the role that arts and culture should play in the City of Santa Ana, as well as to ascertain what pieces of that vision can guide policy and programming to enhance the quality of life for Santa Ana residents, businesses, and visitors. A community -wide, multi - lingual public participation program is an essential component to creating a widely accepted Arts and Culture Master Plan. Specifically, the Master Plan will reflect the community's desire to utilize arts and culture to enhance the sense of community; enhance economic vitality that is linked to arts and culture; create and support an environment where art and culture thrive and enrich the community culturally, aesthetically, educationally, and economically. The Arts and Culture Commission, will evaluate and select the proposal that will be brought forward to City Council for approval. 19C -1 Request for Proposals for the Arts and Culture Master Plan February 3, 2015 Page 2 RFP TIMELINE February 5, 2015 Release RFP March 6, 2015 Deadline to submit proposals March 19, 2015 Proposals evaluated and recommendation made by Arts & Culture Commission April 21, 2015 Recommendation brought forward to City Council The Consulting Team identified through the RFP will be responsible for organizing and implementing the public participation program, asset inventory and mapping, collecting and analyzing accumulated data and historically relevant information, identifying trends and developments, and producing the final report with proposed recommendations. It is expected that the consulting team will propose realistic and creative solutions given the fiscal limitations of the City. FISCAL IMPACT There is no fiscal impact associated with this action. VaAWX---- Kelly Ree er Executive irector Community Development Agency KR/MM /sb Exhibit: 1. Request for Proposals 19C -2 REQUEST FOR PROPOSALS Santa Ana Arts and Culture Master Plan City of Santa Ana SUBMISSION DEADLINE I March 6, 2015 WITJ REQUEST FOR PROPOSALS Arts & Culture Master Plan I. Introduction & Project Background ........................2 II. Scope of Work ............................. ..............................6 III. Proposal Requirements & Submission Details ....... 8 IV. Evaluation & Selection Criteria .. .............................10 V. Miscellaneous Terms and Conditions ..................... 11 SUBMISSION DEADLINE I March 6, 2015 19C -4 I. Introduction & Project Background The City of Santa Ana is seeking proposals from qualified Consultant Teams with experience in cultural planning to develop an Arts and Culture Master Plan. Proposals, including qualifications, should be submitted in accordance with the requirements described herein. The City will award a one -year contract that may include a 6 month extension. The anticipated start date will be April 2015, with a completion date in early 2016. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. Proposals must be received in the Community Development Agency office by Friday, March 6, 2015 at 5:00 p.m. The contract award is expected to be granted in April 2015. Please refer all questions regarding this Request for Proposals (RFP) to: Kelly Reenders Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza, M -25, 6th Floor Santa Ana, CA 92702 OBJECTIVE OF REQUEST FOR PROPOSAL The objective of this RFP is to award a contract, with the terms described herein, to a Consultant Team to perform the Scope of Work detailed herein and complete the City's Arts and Culture Master Plan. CULTURAL CONTEXT The City of Santa Ana ( "the City ") is a 27 square -mile economically diverse city located 35 miles south of Los Angeles and roughly 10 miles inland from the Pacific Ocean. With a total population of more than 330,000, Santa Ana is Orange County's second largest city and serves as the County seat. Santa Ana's historic downtown district is rich in art and culture and is a shopping, entertainment and cultural destination unlike any other in Orange County. With convenient access to transportation, a variety of historic buildings, and award- winning eateries, Downtown Santa Ana attracts many demographic types, from artists, architects, politicians and lawyers to teachers, students and residents, and everyone in between! 19C -5 Located in the heart of downtown is the Artists Village —a thriving area of art galleries, studios, creative offices, and home to several popular restaurants and art institutions, including Cal State Fullerton Grand Central Art Center and the Orange County Center for Contemporary Art. 19C -6 1 In addition, over two million people visit Santa Ana every year for its world class museums, such as the Bowers Museum and the Discovery Cube OC Distinctive architecture is visible throughout the city. Santa Ana also boasts high quality visual arts, theater, music, motion picture and other performing arts. Santa Ana has a growing and burgeoning creative environment as established and emerging artists continue to locate here. THE CITY OF SANTA ANA ARTS AND CULTURE COMMISSION The Arts and Culture Commission will review and evaluate all proposals with a selection recommendation moving to City Council. The Arts and Culture Commission has the following powers and duties: The Commission acts as an advisory body to the City Manager and the City Council and make recommendations regarding but not limited to: • 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; • 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; • Organizing and promoting activities which celebrate the City and its unique cultural heritage; • Allocation and budgeting of funds for arts and cultural funding; • Payments for the design, execution and placement of public art projects, within established appropriations for the art projects; • Encouraging the use of local artists in City public art projects; • Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other City art acquisitions, gifts or extended loans of art; • Make recommendations to the City Council on de- accessioning of artworks, when necessary; • The Commission 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; 19C -7 • In addition, the Commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of the Community Development Agency and as set forth in reports or recommendations adopted by the City Council; • Consider matters referred to it by the City Manager or the City Council. PROJECT BACKGROUND The City of Santa Ana seeks to develop its first Arts and Culture Master Plan. Our goal is to create a common vision for the role that arts and culture should play in our City, as well as to ascertain what pieces of that vision can guide policy and programming to enhance the quality of life for Santa Ana residents, businesses, and visitors. A community -wide, multi - lingual public participation process is an essential component to creating a widely accepted Arts and Culture Master Plan. The Consultant Team identified through the RFP will be responsible for organizing and implementing the public participation program, asset inventory and mapping, collecting and analyzing accumulated data and historically relevant information, identifying trends and developments, and producing the final report with proposed recommendations. The Consultant Team may be asked to visit regional arts destinations. It is expected that the Consultant Team will propose realistic and creative solutions within the fiscal limitations of the City. 19C -8 II. Scope of Work DELIVERABLES The following is a list of desired deliverables for inclusion in the Master Plan Report. Development of Outreach Strategy • Master Contact List • Strategy to encourage stakeholder participation • Standard formats for public documents • Interactive project website • Monthly updates at Arts and Culture Commission meetings Development of Public Participation Plan • Public Forums • Survey • Focus Groups • Key Person Interviews • Youth Involvement Local Assessment • Listing of organizations and individuals • Assetinventory • History of arts in Santa Ana • Data collection - demographics, artist data • Ecosystem mapping • Existing Arts and Culture Commission, City staffing and support • Resource assessment — fundingsources National Assessment • Benchmarking and best practices • Relevant master plans • Trends • Successes and failures Data Analysis • Complete set of raw data, analysis and conclusions • Methodology • Computerized method for data mining • Strength, Weaknesses, Opportunities and Threats (SWOT) Analysis DRAFT REPORT A Master Plan Draft Report will be required for review and approval by the Arts and Culture Commission and City Council. The Draft Report should include, but should not be limited to, the following components. • Public Participation Process Summary • Local Assessment including information and data on current cultural organizations and programs, facility mapping, and planned future developments. 19C -9 • National Assessment including demographic comparisons, funding and development models, identification of cultural trends, and research review. • SWOT Analysis • Local economic impact of the arts • Citywide / National / International issues and trends. • Key statistics and data points. • Key maps or graphs of relevant information. • Master Plan Vision Statement. • Strategy to implement vision including a set of Key Goals. • Alignment of goals with the City's General Plan, Housing Element and other relevant documents. • Short, Mid, and Long -Term goals. • List of potential initiatives for prioritization and implementation, including appropriate budget and recommended revenue sources. • Organize potential initiatives by Short, Mid, and Long -Term priority. • Implementation strategies. • Clearly defined funding plan which provides vision, policy framework, and strategy to fund implementation of all goals. • Identify key foundations, non - profit and others for potential partnership. • Draft conclusions, recommendations, and Action Plan. • Written and oral reporting to the Arts and Culture Commission and City Council. • Digital strategies FINAL REPORT The Arts and Culture Master Plan Final Report must serve to set forth a collective vision for cultural enrichment development in Santa Ana. It should also guide the role of the Arts and Culture Commission to attain this vision. At a minimum, the following components should be included. • Executive Summary of Final Report • Results of the Public Participation Process • Provide results on a citywide basis as well as by Council Ward, Community Area, and Regional Area. • Conclusions and Recommendations must consist of, but should not be limited to: • Vision and Key Goals • Final Recommendations and Alternatives • Implementation Strategies • Action Plan with prioritized set of Goals and Projects • Funding Plan • Final Report Presentation: This task should include at a minimum the following components. • Reproduction of the Final Report • Provide an electronic copy of the Final Report as well as electronic copies of all maps, graphs, and other accompanying visual materials in a format to be determined by the Agency. • Develop PowerPoint presentation of the Final Report. • Key Images, Maps, Charts and Diagrams. • Oral and written Final Report presentations. • Prepare multimedia presentation of Final Report; including but not limited to, PowerPoint presentations, information boards, handouts, and brochures. 19C -10 o Presentation materials must be developed for use by the City. o Presentation of Final Report to the Arts and Culture Commission and the San Ana City Council. 19C -11 III. Proposal Requirements & Submission Details Firms interested in responding to this RFP should prepare a brief and concise proposal, including the following sections: 1. Introduction - Present general introductory comments, including a purpose statement describing your understanding of the proposed project and required services. 2. Work Plan - Formulate a work plan that clearly and systematically identifies and describes all tasks and subtasks necessary to complete the requirements set forth in the Scope of Work (Section II). 3. Personnel and Experience - Prepare an organizational chart showing the names and titles of the project manager, professional and supporting staff, sub - consultants, and other key personnel that will be assigned to the project. 4. Cost Proposal - Prepare a not -to- exceed cost proposal and provide a cost breakdown for each task and subtask identified in the work plan. 5. Project Schedule - Prepare a schedule that illustrates the estimated timeline, in monthly increments, for completing project tasks and subtasks. Only written proposals will be considered. All materials submitted shall become a part of the proposal, and may be incorporated in a subsequent contract(s) between the City and the selected proposer. Failure to comply, other than as specifically permitted in the RFP, may disqualify a proposer from further consideration. Deadline for Submission: To be considered, proposals must be received on or before 5:00 p.m., Friday, March 6, 2015. Where to Submit Your Proposal: The complete proposal package shall be placed in a sealed envelope or box labeled "Proposal for the Arts and Culture Master Plan." Said envelope or box shall have the name and address of the Proposer on the outside and be delivered to: City of Santa Ana, Community Development Agency 20 Civic Center Plaza, 6th Floor Santa Ana, CA 92702 Number of Copies: Please provide one (1) original, one (1) reproducible copy, and six (6) copies. Plainly identify the respective documents. The reproducible copy is one which can readily be reproduced through a photocopier; it should be unbound and unstapled. 19C -12 IV. Evaluation & Selection Criteria All proposals will be evaluated solely on the basis of the following criteria and the ranking of the Arts and Culture Commission. The proposal scoring the highest will be moved forward by the Community Development Agency to City Council. The Agency reserves the right to request additional information to clarify a submitted proposal. 1. Project Concept and Solutions — 30% o Understanding of the requirements of the scope of work. o Understanding of the broad range of issues and conditions facing Santa Ana's arts and culture community o Understanding of local creative and artistic economic environment. o Understanding of Santa Ana demographics and culture, including population, diversity, and economic conditions. o Ability to meet identified schedule. 2. Personnel and organizational experience, resources, and technical competence to facilitate accomplishment of stated scope of work — 30% o Communication skills and ability to engage a broad and diverse range of stakeholders in a government planning process. o Personnel and organizational involvement in Santa Ana, or a process to ensure local presence (e.g. involvement of sub - contractor). o Ability to work in diverse communities. 3. Demonstrated Applicable Experience — 30% o Demonstrated ability to complete planning projects of a comparable size o Demonstrated ability to create a specific strategic plan for implementation while recognizing the economic and fiscal challenges of a municipal government agency. o Demonstrated ability to examine best practices in other cities and multidisciplinary arts organizations. 4. Total Evaluated Cost -10% o Relation of the fee to the proposed level of effort. o Detailed budget proposal including itemized billing structure by assigned consulting staff. Interviews In- person or telephone interviews may be conducted at the discretion of the Commission or Executive Director of the Community Development Agency. 19C -13 V. Miscellaneous Terms and Conditions Notification The Community Development Agency shall notify all proposers in writing of the Commission's recommendation. Contractual Arrangements The proposer selected to perform the services outlined in this RFP will enter into a Contract, approved as to form by the City Attorney, directly with the City of Santa Ana. Verification of Information The City reserves the right to verify the information received in the proposal. If a proposer knowingly and willfully submits false information or data, the City reserves the right to reject that proposal. If it is determined that a Contract was awarded as a result of false statements or other data submitted in response to this RFP, the City reserves the right to terminate the Contract. Cost of Preparation All costs of proposal preparation shall be borne by the proposer. The City shall not, in any event, be liable for any expenses incurred by the proposer in the preparation and /or submission of the proposal. Proposal Protest Any protest to a proposal award(s) must be in writing. Upon receipt of protest, the Executive Director of the Community Development Agency will furnish protester with a written statement setting forth the reasons for the proposed award based on the best overall value to the City and will hold a hearing within five (5) working days after receiving the protest, unless waived by the proposer. At or prior to the hearing, the protester may present evidence as to why the award should not be made according to the City's plans. After the close of the hearing the City Manager shall make a final determination with respect to the protest, and shall award the contract accordingly or reject all proposals. This decision shall be final. Important Notices Candidates who mail their proposals should allow adequate mail delivery time to ensure timely receipt of the proposals. Late proposals will not be considered for review. The City reserves the right to determine the timeliness of all proposals submitted. At the day and time appointed, all timely submitted proposals will be opened and the name of the proposer(s) announced. No other information about the proposals will be made public until such time as a recommendation is made to City Council. The City reserves the right to extend the deadline for submission should such action be in the best interest of the City. In the event the deadline is extended, proposer(s) will have the right to revise their proposal. Proposals may be withdrawn personally, by written request, prior to the scheduled closing time for receipt of proposals. Submission of a proposal pursuant to this RFP shall constitute acknowledgement and acceptance of the terms and conditions set forth herein. Portions of this RFP and the contents of the proposal submitted by the successful proposer may become contractual obligations if a Contract is awarded. Failure of the successful 19C -14 proposer to accept these obligations may result in cancellation of the award. The City reserves the right to withdraw or cancel this RFP at any time without prior notice and may re -issue this RFP at any time. The City of Santa Ana reserves the right to reject all proposals. Failure of the Proposer to submit the above required documents with their proposal may render the proposal non- responsive and result in its rejection. Property of City /Proprietary Material All proposals submitted in response to this RFP shall become the property of the City of Santa Ana and subject to the State of California Public Records Act. Proposers must identify all copyrighted material, trade secrets or other proprietary information that the proposers claim are exempt from the California Public Records Act (California Government Code Section 6250 et seq.). In the event a proposer claims such an exemption, the proposer is required to state in the proposal the following: "The proposer will indemnify the City and its officers, employees and agents, and hold them harmless from any claim or liability and defend any action brought against them for their refusal to disclose copyrighted material, trade secrets or other proprietary information to any person making a request therefore." Modifications The Scope of Work and specific tasks outlined in this RFP are subject to change due to the nature of the planning process. Any amendments, in the terms and /or conditions of resultant contract must be made by in writing and approved the City. 19C -15 19C -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. State statutes require that a quarterly report be submitted within 30 days following the end of the quarter covered by the report; however, our office continues to provide this information to the City Council monthly. Quarter- ending reports continue to be presented at a City Council meeting. The legislation dictates that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly -and quarter- ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. 19D -1 Quarterly Report of Investments February 3, 2015 Page 2 The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of December 31, 2014. The following table represents percentage policy limits set by the City's Investment Policy and State Law and respective types, amounts and percentages, as of December 31, 2014. Type of Investment in $ in % COSA Policy Limits State Law Limits Certificate of Deposit (CD) $0.00 0.00% 30% 30% Federal Farm Credit Bank (FFCB) $42,322,700.00 15.32% None None Federal Home Loan Bank (FHLB) $63,428,362.50 22.96% None None Federal Home Loan Mortgage Corp. (FHLMC) $58,409,335.00 21.14% None None Federal National Mortgage Association (FNMC) $68,130,000.00 24.66% None None Overnight Sweep (CP) $35,000,000.00 12.67% 25% 25% Local Agency Investment Fund (LAIF) $8,993,480.32 3.26% None None Treasuries $0.00 0.00% None None Total $276,283,877.82 100.00% The following graph represents percentages within the respective investment types, as of December 31, 2014. Sweep(CP) 13% (FNMC) 25% City of Santa Ana Investment Portfolio Asset Allocation 13 1. N Federal Farm Credit Bank (FFCB) N Federal Home Loan Bank (FHLB) Federal Home Loan Mortgage Corp. (FHLMC) Federal National Mortgage Association (FNMC) Overnight Sweep(CP) ■ Local Agency Investment Fund(LAIF) 19D-2 Quarterly Report of Investments February 3, 2015 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency rp Exhibit 1 Treasurer's Report 19D-3 Quarterly Report of Investments February 3, 2015 Page 4 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2014 EXHIBIT 1 19D-4 1= `off n Y d C] � t+ C CN E tE Q d7 r N m in T M N O_ N O O p E iN c� 0 00,E CL r N N r r of N o qM O C h m` 0 0 OOi 0 N M W m 'N lV N m m � N N g Ih O � O O N CI N 0 ro N at N M N o g a h yv a N m O m pj � E.Z• �- �- � M H� N N N � S o 1= `off n Y d C] � t+ C CN E tE Q d7 r N m in T M N O_ N O O p E iN c� 0 00,E CL r N N r r of N o qM O C h m` 0 0 OOi 0 N M W m 'N lV N m m � N N g Ih O � O O N CI N 0 ro N at N M N dl N C O {p W 0 o N Cj pj � m NO U n r o n W h W h •o �� m N N M W V N N dl N C O {p W y ¢ a o M m NO U n r 0 N N9 •o �� m N N M W V N�L p �•K N iT' T N C E E v c f °c U v H O E O � w � U c m E m'� ¢ E yyo E v j J U w C N « O m Y � y u > a � c� a a C N- m Uv N �a m s oc U U ab tp- 19D -5 ¢ a o M m NO U n r N N9 •o �� N�L p �•K iT' T V`oU p mcm doe t dl y N C O m W a m o a�m O a c - Ea m m c Cm 0 N C �9Uv « «m N ma 3 a � a f0 m m m c _ C N _ m « o O n O G N T O r ry aN N OM v O V c a m `m M m N O m d O � E N 0 U m C N C m F O C N c a �2 n o vm1 ,Cp E N c n m a W m w mTtr m � M N ¢ p � c c c m m •� oq .r Y Q C p a aEEI- v m E ° cc ¢ r dNLs a q ya+ NZ- y i0 Nm O momnj =mdcm N E 0 O) >, da t H �'� � p S O -to W > a0 no m c o m v a w LmU 2m7. 19D -5 m M � O p ul m ��yVT n 33 rnl '�—-- - 4 � O O •� 0 0 o d > v � n p m m m m . . . . . . . . . . . . . . . . . . . . . . . m m W UM 0 N o G O M N t`j 0 0 y yi" N N C C E y E a �;N � m a C 0 v m 0= U 0 O iL „t 0. i N b a P N O m M O °O yo O ~ O O O O M O OO 0 O OI O 0 0 da me d� QU H tt c 0. a U n m ri b n o ui LL v m pm y Q Q 0 n .A p a w � � N c �i C LL p 5 E c c m Q N U U LL m m i4 N A P Y N d m O1 v a° Q U� n 8 a N N N m m c m L N w G W U M O p O O S °q o° CN! 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O N m O m 9 m m m N m m m m O m m m m m m m O N N O O m V m m m m m m M W '- N C d' V N V N V d' Vf d( V V d V V V'd (V N Vf N (V W G C N r 4 Q1 ; M ¢ate O U m � U o i E 'L N O 01 F OO C N 9 R N _ � N Wh R � n p � O m {] m N N 10 � � m e m a s � M n M n � N C N N C � �i3 C C o a Q O d cl V a0 �Q LY C 0. a' m e n" n b m m e N Q r D C N q p R s b E i C w 0 a 'o a w y n" U � 19D-8 1§D- /G! ~ ,£ ! r k� §§ \] § §� / §)§ k� !4!; 0 _ 0 Ci ) /!> § k \�C9 / ?2JE moose x223 !! )\ §) !P0 ]! , I \) „/) . $ ~ \ \\ \E §\\\ \/ \ 1§D- Z a N V W ~ tV N r- N _ A Do A uj d N 4 E d v o U c o W c a U 04g p3 m E �N M g0 Zo' g U n 0 W a v m e° a' 7 t9 h 2 E 0 U u N v E �- v C C d N } m N d N N ` U F- r n N N P (O M N W N O P N N r O t7 O �p '- r.- n o n a e � h r vii N V SR M r r o n N N r O M O b N O N h r.- n o n r N N m m 6 �o vi ari N N m O_ M O 0 N m ai v vi P A P 6 y frJ O O O O O 6 O I N N N N q ?oosoo Y oS °000 p A V a N M lP0 V (O C a W W 0 m m m n U z U z U N J > > N f0➢ NO LL LL Z Z z z ° O° Z ° O O c r m O C7 v U U z Z Z v z z N N N N W W ? K 2 K U g U U U U m , U' < U. > u. u. u. ti d Y @ v O a O N ° ° O i LL 7si Q O O O O O O 08S M0! O N o m o 0 0 o o m N 4 N N N yOV m � ?oosoo N N p A V a N M lP0 V (O C a W W N m m m M U z U z U m [00 tOq J K J K O U LL f0➢ NO a d z z z ° O° Z Z p z ❑ z 00 U z > a ? a W w U K _U Z Z= N N N N W W ? K 2 K U g U U U U m , U' < U. > u. u. u. ti °o 0 a CR 0 pM V u1 M n a W m u; ro r c N W f4 � U F- o � � S Ci C] O C m O N N C A V N M lP0 V (O C M M W m m m M m [00 tOq f0➢ NO O U Q Y N Q Q T m m U Ol M N M 1p 19D -10 °o 0 a CR 0 pM V u1 M n a W m u; ro r c N W f4 � U F- o � � S Ci C] O C REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: QUARTERLY REPORT OF CONTRACTS UNDER $25,000 ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 (STRATEGIC PLAN NO. 4, 1) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between October 1, 2014 to December 31, 2014 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders and agreements entered into between October 1, 2014 to December 31, 2014 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City's to meet Goal #4 City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit A: Quarterly Report of Contracts SP 19E -1 19E -2 N w K U N N w N Q Q N w F > N N w > Q o a Q w K w u 2 l7 Q d w K w vwi O w W Z Z ol Z W w W1 w vwi w a F w z a w j a w rc O z U z s a Y Q u N w O u N C N> Q F V z¢ N Q Q 5 w oD �> O¢ Q U I¢- m w O a N w Z Qa o21 W LL ww] a a N l7 w w m N W O m w Z U Z >< a a> F w J❑ U w w W N Z Z> w p d s m O N t~/1 O a ¢ a❑ w w a Y C Q j K N C N F a a p LL J ri J U N Q Z O U Z Q❑ Q K ' W p Z g z < S � N J❑ O Q Q K W U JQ> a a z 0 N N m cc z v a¢ � z m� F,> w'l7 wiQ��' -�-� mx Ww�wuuzzww ¢¢ ¢ x z x p¢ (7 'W W s N O O o z O u V. x H m= z G 0 to ® v¢i O Q Q >i >i u X 3> vui > 2 x o '�w >> a 2 u Q m in a> w a Q O w w m Q rL > > 7 w w >i W O O O O O O O O O O O O O 00 0 0 0 0 0 0 0 0 0 iL9 O O O O O m O O O O O O O O O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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-z N V Vl �O dO ' N N V O N r-I N Vl e-I V r-I' V N N V N V l0 N J rl rl N O a ti 0 N ti O a N N H W m O LI1 l0 V h V1 lD m C j' w O m m O m O O O O O O O m m m M N m V m i/1 Vl Vl Vl V1 vl V1 t0 tD G J rl rl N rl N ri rl N N ri ri N rl rl rl rl rl N ri 'i ei ei e-I rl ri H ri rl rl rl i-1 c-I ci rl r-I M a-i O Z rl rl N N H N rl Z rl rl N rl N rl ri ci ri rl rl Z N Z rl c-I c-I rl rl ri rl N rl rl ri rl ci ci rl ri rl rl U O a > 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m `w m a cz O U 0 Z u w F u N U Z 0 lU a J LL U J J N W Q u W Z H W Z Q L Q K Z Z= Ou O w Y F O Q Q z u= Q Z O u Z u 0 vi pm, H Q yaj w a 0° Z O Z z w Ni Z u z Z 0 u z° u u UJ Q O Z Q a Z vi a > a a Z a Q p Q Z= F a a z I- G l7 w G Z y V Z 0 Q rj a Q m vFi m0 u( W Lj O O H v6i O Z 3> Z Z w w w K vmi Z N Q K p z w N w >- , u (7 Z F 2 z O w v° w Q? ¢ O> O vwi OF OU z w Q O Z>> Z z g °' g z m Y O> in v o o° a w o w m= 0 3 m° o 0 o a o o z- a 3 m a > W W a a m U u N F- VI Z V1 > LL n u z 2i F- > O W 0 0 V a V c 0 0 V V 0 V V C C a 0 V 0 a v a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N 0 0 N N N N N N N N 0 N N N N N N N N W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ M m \ \ M I� n p m\ 0 -a N 0 0 N ri H 'I N rl rl ri ri a N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p .-i N M V ifl l0 I� m m 0 N N M V Vt �0 I� m m 0 N N M V1 l0 h m m O N N M C Vt lO h M m 0 Z v V v a v a a a v in in in �n in in vi .n �n vi �o m m m �o W �o �o W m n n n n n n n n n n m 19E -4 0 N u O m v E v v m i 'i O N ti V \ V y V VI VI a U VI V1 IA a V1 Vf u u a a u u u u V1 U a lA H a U VI VI VI U VI VI VI V1 m m � m O a > 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m `w m a cz O U 0 Z u w F u N U Z 0 lU a J LL U J J N W Q u W Z H W Z Q L Q K Z Z= Ou O w Y F O Q Q z u= Q Z O u Z u 0 vi pm, H Q yaj w a 0° Z O Z z w Ni Z u z Z 0 u z° u u UJ Q O Z Q a Z vi a > a a Z a Q p Q Z= F a a z I- G l7 w G Z y V Z 0 Q rj a Q m vFi m0 u( W Lj O O H v6i O Z 3> Z Z w w w K vmi Z N Q K p z w N w >- , u (7 Z F 2 z O w v° w Q? 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N 'N ih i/} Uf v/f Lf O •i O N mM T N a u u H m u N Q In m u u u¢ u Q a¢ m In vl u M u •+ m m z❑❑ m 3 w❑ m m m❑ 0 Z❑ 3 w m g z o Q a d u a u a a LL a LL a a a a a u u c N 0 N m \ o � o \ N V w O m m vt a n w m 0 0 Vl n �l S d w w 01 w w rl rl r1 T 01 01 O O N. c-I N �-I N N c-I N N N M M M M M w M M m M m o 0 0 M M M V V C a V V V C p 3 n n n n n N N N n n n n n n n n n n n N n n h n n h n h 'i rl ri ri ri ri ri rl ri ei ci ci ci ci ci ci ci ri 'i ci ri 'i 'i ei p Z ci rl ri ri ri Z Z Z 'i N v-1 H H a-I a-I H H rl ei z rl rl rl '-I H e-I rl ei U O v F a a a 0a a Q Q Q a a a a a 0 a a 0 a a Q a a a 0 a a a a m } v m cj O Z u u m m u } Z Z J w O w Z a >�> < u u U > U U F- H Z U Z Z W U u � U Z V 0 0 mzz< Z <"z-'z z (D z xazOx Jw wuo w w O z u 0 ~¢ a W m Z a G w ? m u H W U K C U ¢¢ 2 M a O Z a O v~i O '^ O O� a o z S o m 3 a W LL z 0 0 W x a o f z G o� o� u> o Z u LL 3 z � F z 3? o o a o 2& w Z O p O Q `g Q x¢ 0 Z❑ Z z¢ o m m> > a u a S 1n m u -¢ O¢ m F- w w_ N❑ in a Q w 2? in v a a v v a c a a v o <r c a v v v o a a v v a a =t v a v O O O O O N O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \ \ \ \ \ \ N \ \ \ \ \ N \ \ N N \ \ m N N \ \ \ \ O O 0 N N N N N O M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N •i rl rl ri ri e4 N e4 ci N N �-I N N rl �4 ei ri H rl ei ei ci e-I a'i N "'I ei c-I N m d' V1 l0 n w m O H N M V 0 lO n w m O '-I N m V 111 lO n w 19E -7 0 19E -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: AGREEMENT WITH FIESTA DE CARNIVAL AND APPROPRIATION ADJUSMENT FOR CARNIVALS AT CITY OWNED PARKS {STRATEGIC PLAN NO. 5, 4B} 1�. Cl{vvtzca CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: m,2TWTA ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Fiesta de Carnival in the amount of $46,750 for a one -year term with two one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing carnival revenue in the amount of $46,750 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). DISCUSSION On December 2, 2014 a Request for Proposals was issued and mailed to 24 carnival operators for providing nine carnivals on city -owned parks. Fiesta de Carnival and "O" Entertainment submitted proposals for review. A five member evaluation committee consisting of representatives from the Police Department and the Parks, Recreation and Community Services Agency reviewed both proposals. O'Entertainment submitted a proposal for Jerome Park while Fiesta de Carnival submitted a proposal for all parks, except Delhi. Additionally, Fiesta de Carnival's proposal included a clause that their proposal of operating all carnivals, except Delhi Park, is contingent on being awarded the carnivals at Jerome Park and Madison Park. Considering that both vendors are equally capable and have successfully operated previous carnivals, but that Fiesta de Carnival submitted a proposal for the majority of the parks, the evaluation committee selected Fiesta de Carnival. 20A -1 Agreement with Fiesta de Carnival and Appropriation Adjustment February 3, 2015 Page 2 Traditionally, carnivals conducted at Jerome Park and Madison Park draw larger crowds and are more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador Park draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome, and Madison parks is higher than the license fee required for carnivals conducted at Cesar Chavez/Campesino, Rosita, Delhi and El Salvador. The total projected annual revenue for this agreement is $46,750 per year and will be used to fund deferred maintenance needs at city parks. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy b, Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods. FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $46,750 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4- s�� Lx! ��)�. Francisco Gutierrez,i Executive Director Finance and Management Services Agency 20A -2 . Park Site / Dates Promoter License Fee 1 Jerome Park, Fri -Sun March 13 -15 Fiesta de Carnival 8,250 2 Cesar Chavez/Campesino, Fri -Sun, April 3 -5 Fiesta De Carnival 4,500 3 Madison, Fri -Mon, May 22 -25 Fiesta De Carnival 8,750 4 Rosita Park, Fri -Sun, June 8 -10 Fiesta De Carnival 4,500 5 El Salvador, Fri -Mon, June 12 -14 Fiesta De Carnival 2,250 6 Jerome Park, Fri -Sun, August 7 -9 Fiesta De Carnival 7,000 7 Madison Park, Fri -Mon, August 28 -31 Fiesta De Carnival 7,000 8 Cesar Chavez/Campesino, Fri -Sun, October 16 -18 Fiesta De Carnival 4,500 9 Delhi, Fri -Sun, April 24 -26 No bids submitted 0 Total $46,750 Traditionally, carnivals conducted at Jerome Park and Madison Park draw larger crowds and are more profitable. Conversely, carnivals conducted at Cesar Chavez/Campesino, Rosita and El Salvador Park draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome, and Madison parks is higher than the license fee required for carnivals conducted at Cesar Chavez/Campesino, Rosita, Delhi and El Salvador. The total projected annual revenue for this agreement is $46,750 per year and will be used to fund deferred maintenance needs at city parks. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4, Support neighborhood vitality and livability, Strategy b, Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods. FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $46,750 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4- s�� Lx! ��)�. Francisco Gutierrez,i Executive Director Finance and Management Services Agency 20A -2 NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this P day of February, 2015, by and between Fiesta De Carnival, a California corporation (hereinafter "Promoter "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS On December 3, 2014, the City issued Request for Proposals No. 14 -077 PRCSA seeking carnival Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 14 -077 PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Jerome Park, 726 S. Center Street; Santa Ana; Cesar Chavez / Campesino Park, 3311 W. Fifth Street, Santa Ana; Madison Park, 1528 S. Standard Avenue, Santa Ana; Rosita Park, 706 N. Newhope Street, Santa Ana; and, El Salvador Park, 1825 W. Civic Center Drive, Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 14 -077 PRCSA, issue date December 3, 2014 (hereinafter "R-FP") attached hereto as Exhibit "B" and incorporated herein 204 -3 by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. I£ Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Promoter, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event: 204 -4 Park Site and 2015 Dates Venue /License Fee Maximum Size/Scale of Event 1 Jerome Park Large /$8,250 Up to 16 carnival rides, 12 game booths, 20 food March 13 -15 or information booths *. No live entertainment. Fri -Sun 2 Cesar Chavez /Campesino Small /$4,500 Up to 14 carnival rides, 12 game booths, 20 food April 3 -5 or information booths *. No live entertainment. Fri -Sun 3 Madison Park Large /$8,750 Up to 12 carnival rides, 12 game booths, 20 food May 22 -25 Memorial Day or information booths *. No live entertainment. Fri -Mon Weekend 4 Rosita Park Large /$4,500 Up to 16 carnival rides, 12 game booths, 20 food June 5 -7 or information booths *. No live entertainment. Fri -Sun 5 El Salvador Park Small /$2,250 Up to 15 carnival rides, 12 game booths, 20 food June 12 -14 or information booths *. No live entertainment. Fri -Sun 6 Jerome Park Large /$7,000 Up to 16 carnival rides, 12 game booths, 20 food August 14 -16 or information booths *. No live entertainment. Fri -Sun 7 Madison Park Large /$7,000 Up to 12 carnival rides, 12 game booths, 20 food September 4 -7 Labor Day or information booths *. No live entertainment. Fri -Mon Weekend 204 -4 8 Cesar Chavez/Campesino Small /$4,500 Up to 14 carnival rides, 12 game booths, 20 food October 16 -18 or information booths *. No live entertainment. Fri -Sun Total = $46,750 *One booth is equal to one 10x10 canopy area. A maximum of ten 10x10 cooking booths will be allowed (or five 10x20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed. In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate twelve (12) months later, unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two (2) additional one (1) year terms at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON- POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter will not acquire any interest, temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. NON Neither party shall record this Agreement. 20A -5 8. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by the City upon request. 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subj ect matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 20X -6 D. If Promoter is or employs a licensed professional such as an architect or engineer: Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. F. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, dannages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 204 -7 Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASH/UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B), including providing the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean-up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and /or Carnival Area any hazardous substance. Promoter further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty -five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of 20A -9 creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Promoter: Fiesta de Carnival 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799 -7737 Fax 562- 799 -1443 20A -10 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Promoter. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 Promoters retained by City. 30. NON - DISCRIMINATION Promoter 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 20A -11 recruitment, selection, training, utilization, promotion, termination or other employment related activities. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall more to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20A -12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SOMA orn7VtLHO City orn Ryan RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager PROMOTER: Fiesta de Carnival 201 -13 EXHIBIT A PARK LOCATION MAPS 12 20A -14 • 37M�nr rr— — �, ' \eeAe �Aeee, ee\e� r,�Nr• gxw,w d �y/:,,•� {may ' T I � I i V .Y q/ O Vf g„ ..0 i l , r.11 e� Y f� b• �a Iswl s a � r I ' , "— � ]tlN3nr tlhblA tl1NON = "Val ILIHIHXH 20A -15 loc—M" PIP c MPES100 :;311 W. 20A -16 m n z w < a a M z WO MON 20A -18 c6 Q ` ® O O �Yl r� �S Ur \ 0 20A -19 qfp -dXVd ' O vow o W Y H < Z Q W a U L 6 w 0 U o> � M' J g" Q In N N Q W � 9 Q� s a.f1 U-i 1014: r. �IIfe3 REQUEST FOR PROPOSALS NO. 14 -077 PRCSA 13 20A -20 REQUEST FOR PROPOSALS RFP 14 -077 PRCSA FOR PROVDING CARNIVALS AT CITY OWNED PARKS KEY RFP DATES: Issue Date: December 3, 2014 Pre - proposal Conference: December 17, 2014 Proposal Due Date: January 5, 2015 Pro,iect Coordinator: Silvia Cuevas Management Analyst 20A -21 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide carnivals at specified city parks. Responses to the Request for Proposals (RFP) will be accepted until January 5, 2015 at 5:00 p.m. If further information is required, contact Silvia Cuevas at (714) 647 -5254 or scuevas @ santa - ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at santa- ana.org/bids -rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. MAILED, DELIVERED BY HAND, or COi IRIERED proposals will be accepted as follows: City of Santa Ana Silvia Cuevas, Management Analyst Parks, Recreation and Community Services Agency -M23 20 Civic Center Plaza, Second Floor, Rm #273 Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e -mail to Silvia Cuevas at scuevas @santa - ana.org. The receiving time in the Parks, Recreation and Community Services Agency -M23, 20 Civic Center Plaza, Second Floor, Rm #273, Santa Ana, CA 92701, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will NOT be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. 2 20A -22 L0 GENERAL 1.1 INTRODUCTION 1.2 PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of 12 months with 2 one -year options. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is February 3, 2015 and may be adjusted as necessary. 1.3 RFP PROCESS AND GENERAL TERMS 1.3.1 PROPOSAL SUBMISSIONS - Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 14 -077 and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 1.3.2 PROPOSAL WITHDRAWAL- Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 1.3.3 LATE PROPOSALS -It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 1.3.4 REQUIRED DOCUMENTS - Vendor must return the following completed documents with their proposal: 1.3.4.1 Detailed proposal of services in accordance with the specifications detailed in Section 4.0. Proposal should take into consideration the evaluation criteria included in Section 3.0 and should not to exceed 20 pages. 1.3.4.2 Signed proposal form (Section 6.0); 1.3.4.3 A letter or printout of vendor's safety related incidents from insurance company, current or previous, spanning the past three (3) years; 1.3.4.4 Completed vendor's references sheet (Section 7.0); 1.3.4.5 A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; 1.3.4.6 A representative sample of photos of vendor's past events and /or vendor's equipment; 1.3.4.7 A list of ride equipment owned, used and /or operated in vendors events, with description and age of all rides; 1.3.4.8 Completed Proposal Summary and Deviations from Specifications (Section 8.0) 1.3.4.9 Any other information the vendor may choose to submit. Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor. • Vendor must submit one original and eight photocopies of their proposal. 20A -23 1.3.5 ADDENDA -Any subsequent changes in the RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. 1.3.6 E -MAIL COMMUNICATION AND INTERPRETATIONS / CLARIFICATIONS -To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at santa- ana.org/bids -rfps. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects manager no fewer than five (S) city business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. 1.3.7 CITY BUSINESS LICENSE -The selected proposer and their subcontractors shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. 1.3.8 RIGHTS RESERVED -The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 1.3.9 AGREEMENT - Successful vendor(s) will be required to enter into an Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said Agreement with any, all, or none of the vendors for a one - year period, with the option of extending the Agreement for two additional one - year terms. 1.3.10 SELL OR ASSIGN -The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 1.3.11 RECEIVING TIME -The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be accepted. 1.3.12 COMPLIANCE WITH LAWS -All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 1.3.13 REFERENCE TO SUCCESSFUL VENDOR -The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 1.3.14 INQUIRIES -Refer inquiries in writing via email to Silvia Cuevas at Scuevas (a)santa- ana.org. 1.3.15 RIGHTS RESERVED -The City reserves the right to contract with any, all, or none of the carnival vendors who submit proposals. 13.16 E -MAIL COMMUNICATIONS -To facilitate the RFP process, vendors are required to monitor and respond to e -mail requests on a daily basis. 20A -24 1.3.17 PRE- PROPOSAL CONFERENCE -A pre - proposal conference will be held on Wednesday, December 17, 2014 at 9:00 a.m. at the City Hall, 20 Civic Center Plaza, Santa Ana, CA — Meeting Room 2001, second floor. Please RSVP to Silvia Cuevas, (714) 647 -5254, by Monday, December 15, 2014. Proposers are strongly encouraged to attend. 1.4 PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar days of the date of the written decision from the Purchasing Manager. The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no fiu-ther appeals will be considered. 20A -25 2.0 SCOPE The City of Santa Ana is requesting proposals from carnival promoters to conduct nine (9) carnivals on City -owned park property during the period of March through October 2015 as specified in the table below. A map of each park with the general event area highlighted is attached to this RFP for applicant's reference. Exact locations for carnival rides and equipment will be identified at the pre -event meeting. *One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed. rl 20A -26 Park Site and 2015 Venue /License Maximum Size /Scale of Event Dates Fee Jerome Park Large /$8,250 Up to 16 carnival rides, 12 game booths, 20 food March 13 -15 or information booths *. No live entertainment. Fri -Sun 2 Cesar Chavez/ Small /$4,500 Up to 14 carnival rides, 12 game booths, 20 food Campesino or information booths *. No live entertainment. April 3 -5 Fri -Sun 3 Madison Park Large /$8,750 Up to 12 carnival rides, 12 game booths, 20 food May 22 -25 Memorial Day or information booths *. No live entertainment. Fri -Mon Weekend 4 Rosita Park Large /$4,500 Up to 16 carnival rides, 12 game booths, 20 food June 5 -7 or information booths *. No live entertainment. Fri -Sun 5 El Salvador Park Small /$2,250 Up to 15 carnival rides, 12 game booths, 20 food June 12 -14 or information booths *. No live entertainment. Fri -Sun 6 Jerome Park Large /$7,000 Up to 16 carnival rides, 12 game booths, 20 food August 14 -16 or information booths *. No live entertainment. Fri -Sun 7 Madison Park Large /$7,000 Up to 12 carnival rides, 12 game booths, 20 food September 4 -7 Labor Day or information booths *. No live entertainment. Fri -Mon Weekend 8 Cesar Chavez/ Small /$4,500 Up to 14 carnival rides, 12 game booths, 20 food Campesino or information booths *. No live entertainment. October 16 -18 Fri -Sun 9 * *Delhi Small /$4,500 Up to 14 carnival rides, 12 game booths, 20 food April 24 -26 or information booths *. No live entertainment. Fri -Sun * *City reserves the right to pull Delhi should it decide to operate the carnival with City staff. *One booth is equal to one 10x10 canopy area. A maximum of ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed. rl 20A -26 3,0 EVALUATION OF PROPOSAL Vendors will be evaluated based on the following evaluation criteria and their ability to conduct successful carnival events. A committee of City staff representing various departments will evaluate all proposals based on the following criteria and provide a recommendation to the agency. Equipment, Capability, and Functionality of Vendor 20% 1. Equipment and related safety specifications of equipment to be used. 2. Training and safety precautions taken to ensure that attractions and/or staff pose no danger to event participants or the general public. 3. Vendor's financial ability to provide a safe, enjoyable carnival while meeting all specifications. Level of Service and Support 20% 1. Responsiveness and thoroughness of proposal. 2. Ability to accommodate proposed carnival dates and locations. Experience of Firm and Personnel 20% 1. All carnival personnel, including operators, proposed to work at carnivals and the qualifications of those individuals. 2. Experience and technical expertise of personnel, including operators, with implementing carnivals and special events in other cities. Past Performances 40% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, park damage prevention and compliance with contract terms and conditions. 2. The vendor's capacity to perform the work within time specifications. 3. Acceptable, verifiable references and site reviews, and a three (3) year summation of vendor's record of carnival related incidents from vendor's insurance company. FOLLOW -UP OF EVALUATION PROCESS BY VENDOR Vendors may follow up on the evaluation of the proposals by contacting Silvia Cuevas, via email at Scuevas @santa - ana.org or by phone at (714) 647 -5254. 20A -27 4.0 SPECIFICATIONS Vendor must submit a detailed proposal of the services offered in response to specifications below. Proposal must include a detailed response that addresses the specifications and should not to exceed 20 pages. Vendor must also return all requested documents with their proposal as specified in Section LAA. of this document. Applicants are asked to use 12 point Times New Roman font. 4.1 VENDOR'S RESPONSIBILITIES 4.1.1 PROOF OF INSURANCE — Upon selection, vendor must be able to provide proof of $1,000,000 general liability insurance for each event a minimum of ten (10) business days before the event. The insurance certificate must name the "City of Santa Ana, its Officers, Agents and Employees, as additionally insured. It must also contain the following clauses: 1) a thirty day written Notice of Cancelation will be provided to the additional insured; 2) insured's coverage will apply on a primary / non - contributory basis to the additional insured; and 3) the insurance will contain a separation of insureds clause. If the certificate of insurance is in the name of the carnival operator it shall include the carnival promoter as additionally insured. 4.1.2 REQUIRED CLEANUP /DAMAGE /FAIL TO PERFORM DEPOSIT — Upon award of contract, vendor must provide a $5,000 refundable damage /clean- up /fail to perform deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. City will retain 50% of deposit amount if vendor cancels any carnival event. City retains the right to reschedule any cancelled carnival. Any remaining monies from the deposit will be refunded to vendor 30 days after the conclusion of the carnival season. Should costs incurred by the vendor (as stated above) be greater than the total deposit, the vendor will be invoiced for the balance due. The vendor will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. The vendor agrees that failure to pay the cleanup /damage /failure to perform deposit and/or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a per day penalty (see Section 5.0), The vendor will not be allowed to start an event if there is an unpaid balance due. 4.1.3 CLEANUP DURING AND AFTER THE EVENT — The vendor agrees that they have full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning /sanitizing restrooms from the time the first vendor employee arrives at the park site for set up until the last vendor employee leaves the park. Furthermore, the vendor agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Vendor agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each 8 20A -28 day at vendor's expense. Persons performing clean -up shall be employees or subcontractors of the vendor. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at the vendor's expense or the City hiring a private contractor to perform the work at vendor's expense plus a per day penalty (see Section 5.0). 4.1.4 STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and the vendor fails to perform as required in Section 4.1.3 of this document, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at vendor's expense. Failure to perform this responsibility will result in a per day penalty (see Section 5.0). 4.1.5 DUMPSTERS — Vendor is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by the by 3:00 p.m. of the second day following the conclusion of the event. Vendor agrees to pay a per day penalty (see Section 5.0) if the dumpsters are not provided and removed as indicated. 4.1.6 REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Vendor must provide a plot plan utilizing the land use certificate format for the overall equipment set up at pre -event meeting. City staff will provide plot plan to vendor with ideal exits and entrances. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, etc. Vendor shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Vendor must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 647- 5840. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in providing the plot plan. 4.1.7 CARNIVAL LICENSE FEE— Vendor understands and agrees to pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in paying license fee. 4.1.8 FIRE AND ELECTRICAL INSPECTION —Ten (10) business days prior to the event, the vendor must schedule appointments with the Orange County Fire Authority (OCFA) and the Santa Ana Planning and Building Agency for an 9 20A -29 electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Actual event rules and regulations will be provided to the vendor at plan check and copies shall be provided to each booth operator by the vendor. Vendor must provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation. 4.1.9 O.C. HEALTH DEPARTMENT REQUIREMENTS — Vendor must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, vendor must contact the Orange County Health Department at (714) 667 -3610. Vendor agrees to pay a per day penalty (see Section 5.0) for each day late in securing food permits and food booth inspections. Furthermore, the vendor agrees to pay a per day penalty (see Section 5.0) for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation. 4.1.10 REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Carnival promoter is responsible for supplying the Business License Office with a list of pre - approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or carnival promoter can collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of ten (10) days prior to the commencement of the event. Vendor agrees to pay per day penalty (see Section 5.0) for each day late in submitting /paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non- Profit 10 20A -30 Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Vendor agrees to pay a per day penalty (see Section 5.0) for each booth operating without a City Business License. 4.1.11 CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Vendor shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the vendor for a particular neighborhood upon request. Vendor must submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.12 CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival event, vendors must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.13 CONTACT WITH BUSINESS ORGANIZATIONS - Vendor must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.14 REQUIRED EVENT PERSONNEL — A minimum of two (2) from start of event until 6pm daily and a minimum of four (4) from 6pm until all attendees have left the carnival grounds daily; uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Vendor must provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre - event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible 11 20A -31 disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. Furthermore, if it is discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at the vendor's expense SAPD and /or Park Ranger's to bring the security levels up to the agreed upon level. 4.1.15 REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 647- 5840. Vendor agrees to pay a per day penalty (see Section 5.0) for failure to perform this responsibility. 4.1.16 POLICE DEPARTMENT REQUIREMENTS — Vendor must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: • The Security Officer in charge, name and cell number • A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Vendor must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals from 6pm until all attendees have left carnival groimds daily. In addition, one (1) traffic officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, vendor shall not be responsible for the payment of costs for more than four officers. The Police Department will coordinate necessary police assistance for the event at vendors' expense. 4.1.17 ADDITIONAL POLICE /FIRE /PARK{ PERSONNEL — Vendor agrees that if a disturbance occurs due to the operations of the carnival and additional Police, 12 20A -32 Fire or Parks personnel assistance is required, vendor will pay those additional expenses. 4.1.18 PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Vendor must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the park before and after the event. The pre- inspection and post- inspection meetings will determine the condition of the sites before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the carnival event. Vendor must bring the proposed plot plan to this meeting. Vendor shall not set up until pre- inspection has been completed. Set up prior to event date and/or before the pre- inspection meeting will result in a per day penalty (see Section 5.0) and may lead to a suspension of future events. A post - inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a per day penalty (see Section 5.0) and may lead to a suspension of future events. The vendor understands and agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the vendor to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the vendor and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 4.1.19 PROTECTION OF FIELD AND TURF — Vendor shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc.). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at vendor's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, vendor must pay the balance within ten (10) days of the conclusion of the event. All concerns roust be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with carnival promoter. 4.1.20 CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and/or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. There will be a per day penalty (see Section 5.0) for equipment arriving earlier or left in the park later than the above stated times. 13 20A -33 4.1.21 CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10 :00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.22 PORTABLE RESTROOMS — Vendor shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons and a minimum of three wash stations. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Vendor is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds and continuous service of portable restrooms. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.23 SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES - Vendor agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.24 NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Vendor understands and agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Vendor also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 4.1.25 SIZE OF CARNIVAL RIDES — Vendors must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre - approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although vendors will be encouraged to provide only small and 14 20A -34 medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre -event meeting. The promoter /carnival operator must provide a list of Cg's for the carnival rides that they will be using for the carnivals and a current Department of Industrial Relations Permit to Operate each of those rides. 4.1.26 EVENT STAFF, OFFICE AND SECURITY PARKING — Vendor understands and agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre - event meeting. The Vendor is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.27 DELIVERIES OF SUPPLIES TO VENDORS — The Vendor shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.28 PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Vendor shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the vendor to place and/or collect traffic barricades and /or equipment will result in City staff or a separate contractor completing this work at the vendor's expense. 4.1.29 RENTAL OF TRAFFIC CONTROL EQUIPMENT — Vendor shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 4.1.30 PERSONNEL PARKING - Vendors shall instruct all personnel to park in areas indicated on the approved plot plan. Vendor personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and /or towing at the vehicle owner's expense. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.31 EVENT PARKING AND REQUIRED SIGNAGE - Vendor shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses 15 20A -35 during the full duration of the carnival. Vendor shall ensure that these signs remain in place through the duration of the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.32 PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Vendor must provide soft security personnel (licensed as specified in Item 4.1.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.33 POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Vendor will be informed of the number of additional officers needed at the pre -event meeting described in Item 4.1.18. The Police Department will arrange the necessary police staffing for the event. The vendor is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the vendor will be responsible for a minimum of 4 hours of over -time costs. 4.1.34 LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Vendor is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Vendor agrees to pay a per day penalty (see Section 5.0) for each violation of this section. 4.1.35 NEIGHBORHOOD BOOTHS — Vendor agrees to provide the local neighborhood associations or PRCSA designee with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section H. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting in a prominent location. 4.1.36 ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the carnival. 4.1.37 MASSAGE — No massage booths or massages are allowed at the carnival. 4.1.38 DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 4.1.39 FINANCIAL DOCUMENTATION - Within 45 days after the Event, Event Producer shall provide the City with a complete and detailed fmancial ledger specifying all revenues and expenses. 16 20A -36 5.0 PENALTY FOR VIOLATIONS The vendor has the responsibility to ensure that all requirements are met. The City will impose $1,000 penalty per day if any of the items mentioned below are found to be in violation of agreement requirements. ✓ RFP Section Description 4.1.2 Required cleanup /Damage /Fail to Perform Deposit 4.1.3 Clean -up during and after the event 4.1.4 Street Sweeping 4.1.5 Dumpsters 4.1.6 Required plot plan and plot check process 4.1.7 Carnival license fee 4.1.8 Fire and Electrical Inspection 4.1.9 0. C. Health Department Requirements 4.1.10 Required Permit from Business License Office for booth vendors 4.1.11 Contact with neighborhood organizations 4.1.12 Contact with business residents 4.1.13 Contact with business organizations 4.1.14 Required event personnel 4.1.15 Required license for soft security 4.1.18 Pre -event and post -event inspections with park personnel 4.1.20 Carnival equipment set up and removal 4.1.21 Carnival hours 4.1.22 Portable restrooms 4.1.23 Sale, advertising and consumption of beer, alcohol or cigarettes 4.1.26 Event staff, office and security parking 4.1.27 Deliveries of supplies to vendors 4.1.30 Personnel parking 4.1.31 Event parking and required signage 4.1.32 Personnel at entrances to neighborhood 4.1.34 Lighting 17 20A -37 MOOMFORGI 'O_ •:111 Responses to this Request for Proposal are due at 5:00 p.m. WEDNESDAY, JANUARY 5, 2015. The undersigned Vendor agrees to provide carnival services at City -owned parks in accordance with the specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which carnival vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Address Address Telephone Number 18 20A -38 Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number 7.0 VENDOR'S REFERENCES This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide carnival service in accordance with the specifications in Section III. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and /or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's carnival operations. Customer Name: Address: Contract Amount: Reference No. 1 Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 2 Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No, 3 Contact Individual: Phone Number: Year: Description of equipment and services provided: 19 20A -39 8.0 PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Please check the first column for each event that you are available to conduct. For each event, please list the carnival operator you are proposing to use and any deviations from specifications. If necessary, please include additional pages. Vendors will not be allowed to change carnival operators once the proposal has been submitted without approval of City. Intent to Park Site Proposed Other Deviations from Specifications Provide Carnival Operator Please cite item number and summarize how (Y/N) specification deviates 1 Jerome Park March 13 -15 Fri -Sun 2 Cesar Chavez/ Campesino April 3 -5 Fri -Sun 3 Madison Park May 22 -25 Fri -Mon 4 Rosita Park June 5 -7 Fri -Sun 5 El Salvador Park June 12 -14 Fri -Sun 6 Jerome Park August 14 -16 Fri -Sun 7 Madison Park September 4 -7 Fri -Mon 8 Cesar Chavez/ Campesino October 16 -18 Fri -Sun 9 * *Delhi April 24 -26 Fri - Sun * *City reserves the right to pull Delhi should it decide to operate the carnival with City staff. 20 20A -40 ATTACHMENT "A" CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 21 20A -41 ATTACHMENT `B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective the endorsement form as part of Policy # Issued to Name Insured Countersigned by 22 20A -42 ATTACHMENT "C" NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this day of 2014 by (hereinafter "Operator "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS On December 7, 2011, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services. Operator represents that Operator is able and willing to provide carnival services as specified in the Request for Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community park ( "Park ") within its boundaries: located at., Santa Ana. City hereby grants to the Operator a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ( "Carnival Areas ") delineated in the rendering of the Park attached hereto Exhibit " ", for the purpose of providing a carnival ( "Carnival Event ") and for no other purpose. Operator shall provide during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. 23 20A -43 (D) Asa covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP , issue date , (hereinafter "RFP ") attached hereto as Exhibit ` °' and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request for Proposal, RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit ) to this Agreement. FEES /DEPOSITS/PERMITS /LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Part/ Carnival Dates Fee In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit hereto. All fees and deposits shall be due and payable as set forth in the RFP. The vendor agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and fees a minimum of ten (10) days prior to the start of the event will result in a penalty of $500 per day . The vendor will not be allowed to start an event if there is any unpaid balance due. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Tenn of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within 24 20A -44 the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2015 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two additional 1 -year terms at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25 20A -45 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Operator's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation. " 26 417 - . iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES /CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 — A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is 27 20A -47 responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean -up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. W. KO -• 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty -five (45) days from the date of the upcoming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terns, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 29 20A -49 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 30 20A -50 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Operator: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other cormnunication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits /approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, including the RFP, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 31 20A -51 instrument signed by the City and by an authorized representative of Operator. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Operators retained by City. 30. NON - DISCRIMINATION Operator shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Operator shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 32 20A -52 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 33 20A -53 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID CAVAZOS City Manager OPERATOR: By: (Print Name) (Title) Tax I.D. # RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: Assistant City Attorney ATTEST: MARIA HUIZAR Clerk of the Council 34 20A -54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY14 HOMELAND SECURITY GRANT PROGRAM FUNDS AND RELATED AGREEMENTS M77Z CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Chief of Police to enter into the attached sub - recipient agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, training and exercises authorized under the FY 2014 Urban Areas Security Initiative in an amount not to exceed $1,856,258, subject to non - substantive changes approved by the City Manager and City Attorney. The sub - recipient performance period is January 14, 2015 to March 31, 2016. 2. Approve an Appropriation Adjustment recognizing the FY 2014 Urban Areas Security Initiative in the amount of $1,856,258 in revenue account (no. 12514002 - 52001) and appropriate same in the FY 2014 Urban Areas Security Initiative Program Grant expenditure accounts (no. 12514491- various). DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high- threat, high- density Urban Areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2014 funding and is therefore the UASI sub - grantee, with the City of Santa Ana designated as a sub - recipient through Anaheim. 20B -1 FY 2014 UASI Transfer Agreement February 3, 2015 Page 2 The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim /Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim /Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complimentary strategies for responding to acts of terrorism. The total FYI award of 4,565,000 is an increase from the FYI award of 2,490,000. The Santa Ana allocation of 1,856,258 will be used to fund projects, such as maintenance of the OC Civic Center video surveillance system, regional training and exercises, continued funding to Orange County Intelligence Assessment Center (OCIAC) enhancing our regional intelligence, and the ReadyOC and "If You See Something, Say Something" campaigns, which increase community awareness and preparedness. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 and #6; Broaden communications, information sharing and community awareness of public safety activities, and Enhance public safety integration, communications and community outreach. FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY2014 UASI Grant account (no. 12514002- 52001) by $1,856,258 and appropriate same amount in the FY2014 UASI Grant expenditure accounts (no. 12514491- various). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez„w Chief of Police Executive Director Santa Ana Police Department Finance & Management Services Agency Exhibit 1: Agreement 20B -2 AGREEMENT SUB- RECIPIENT: CITY OF SANTA ANA City Contract Number Exhibit I_ 411W - Section Description TABLE OF CONTENTS I INTRODUCTION Page §101. Parties to the Agreement 3 §102, Representatives of the Parties and Service of Notices 3 §103. Independent Party 4 §104, Conditions Precedent to Execution of this Agreement 4 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds 5 5 III PAYMENT §301. Payment of Grant Funds and Method of Payment 8 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 9 §402. Applicable Law, Interpretation and Enforcement 9 §403. Integrated Agreement 9 §404. Excusable Delays 9 §405. Breach 10 §406, Prohibition Against Assignment or Delegation 10 §407. Permits 1 D §408. Non Discrimination and Affirmative Action 10 §409. Bonds 11 TABLE OF CONTENTS Section Description §410, Indemnification §411. Conflict of Interest §412. Restriction on Disclosures §413. Statutes and Regulations Applicable to All Grant Contracts §414. Federal, State, and Local Taxes §415, Inventions, Patents and Copyrights §416. MBENVBE V DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS §501. Defaults §502. Amendments V ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C Grant Assurances ii I+ 1 - Page 11 11 13 13 20 20 22 23 23 24 24 'rte Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2014 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 14th day of January 2015, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY "), and CITY OF SANTA ANA (the "SUB- RECIPIENT" or "Contractor "). WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the FY14 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2014 Urban Areas Security Initiative" from the federal Department Of Homeland Security(DHS), Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant "), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at: "U,S. Department of Homeland Security "Fiscal Year 201.4 Homeland Security Grant Program (HSGP) Funding Opportunity Announcement (FOA)" California Office of Emergency Services "FY2014 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit" httP• / /www caleina ca < ov/ EMS- FIS- HaiMnt /Pages /Homeland- Security- Crttnt -Pro ran7_ Documents.aspx Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ( "CITY ") and is overseen by the California Governor's Office of Emergency Services ( "CalOES "); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and P 1 - recover from threats or acts of terrorism; and WHEREAS, the Anaheim /Santa Ana Urban Area ( "ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management ( "OGM ") awarded a FY14 UASI Grant of $4,565,000 ( "Grant Funds ") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ( "UASI Grant Office ") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FYI UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement') to CITY OF SANTA ANA ( "SUB- RECIPIENT') and others; WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20B-7 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The CITY, a municipal corporation, having its principal office at 425 South Harbor Boulevard, Anaheim, CA 92805; and B. CITY OF SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa Ana, CA 92701 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement: Dave Vangsness, Lieutenant Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA. 92805 Phone: (714) 765 -7901 Fax: (714) 765 -1616 dvangsness@anahelm.net 2. The representative of CITY OF SANTA ANA shall be: Kenneth Gominsky, Commander CITY OF SANTA ANA 60 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 245 -8040 E -mail: kgominsky @santa- ana.org 411W46 B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party SUB - RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB- RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB - RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. Conditions Precedent to Execution of This Agreement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit C and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 4150 of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. PTFIIEWO n TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on January 14, 2015 and end on March 31, 2016 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may, a) transfer to SUB - RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB - RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY. If additional copies of the document are needed, SUB- RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner. C. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at httpsJ/ www.Ilis,dhs.gov /knowledgebase, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office, Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and /or DHS- adopted standards to be eligible for purchase using grant funds. SUB- RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY 14 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 225 "Cost Principles for State, Local, and Indian Tribal Governments" and 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Any equipment acquired or obtained with Grant Funds: 20B -10 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim /Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of 44 CFR Part 13.32 and 13.33 For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1)electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, anc (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers; Shall be used by SUB - RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 20B -11 Shall be recorded on a ledger, This record must be updated bi- annually and forwarded to the City. The record shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be retained pursuant to 44 C.F.R. Part 13.42, and Office of G &T. 8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10.SUB- RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB - RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2014 Homeland Security Grant Program, as set forth above. All training expenses must be pre - authorized by CalOEJ^ at http:// www. firstrespondertraining .gov /admin. A catalogue of Grantor approved and sponsored training courses is available at http://www.firstrespondertraining,gov/odp_webforms. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2014 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http: / /hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2014 Homeland Security Grant Program, as set forth above. G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2014 Homeland Security Grant Program, as set forth above. 20B -12 III PAYMENT §301. Payment of Grant Funds and Method of Payment A. CITY may, a) transfer to SUB- RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY. If additional copies of the document are needed, SUB - RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B, SUB- RECIPIENT shall provide quarterly invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (attached hereto as Exhibit D) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Anaheim UASI Grant Office. For equipment for which SUB - RECIPIENT is requesting reimbursement, all appropriate back -up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CaIOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB - RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB - RECIPIENT of a loss or reduction of federal grant funds. 20B -13 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub- recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement, The singular shall include the plural. If there is more than one Sub- recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law. Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 20B -14 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB - RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB - RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB - RECIPIENT performance hereunder and shall pay any fees required therefore. SUB - RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, SUB - RECIPIENT shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition, SUB - RECIPIENT shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 10 20B -15 If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines listed at http:// www.Ojp.usdoj,gov /ocr /eeop.htm, Any subcontract entered into by the SUB - RICIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Bonds SUB - RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. §410. Indemnification To the fullest extent of the law, SUB - RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB - RECIPIENT'S acts, errors or omissions in the performance of SUB - RECIPIENT'S services or use of grant funds under the terms of this Agreement. §411. Conflict of Interest A. SUB - RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract, B. Definitions: 1. The term "immediate family" includes but Is not limited to domestic partner and /or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father 11 20B -16 in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB - RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB- RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB - RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB- RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB - RECIPIENT covenants that no member, officer or employee of SUB - RECIPIENT shall have interest, direct or indirect, in any contractor subcontract or the proceeds thereof for work to be performed in connection with this project during his /her tenure as such employee, member or officer or for one year thereafter. I. The SUB - RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project 12 20B -17 and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT" and "sub subcontractor" for "Subcontractor ". §412. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.). §413. Statutes and Regulations Applicable To All Grant Contracts A. SUB- RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement, SUB - RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars SUB - RECIPIENT shall comply with OMB Circulars, as applicable: OMB Circular A -87 (Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225); OMB Circular A- 102 (Grants and Cooperative Agreements with State and Local Governments, found in 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments "); OMB Circular A -133 (Audits of States, Local Governments, and Non - Profit Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB - RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; and any administrative regulation or field memos implementing the Act. When reporting under on the FY14 UASI Grant Program under the Single Audit Act, SUB - RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program "; Grant Identification Number 2014 - 00093; and Identify the City of Anaheim as the Pass - Through. 3. Americans with Disabilities Act SUB - RECIPIENT hereby certifies that it will comply with the Americans with Disabilities Act, 42 USC §§ 12101, et seq., and its 13 I+ 1 implementing regulations. SUB - RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. SUB - RECIPIENT will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the SUB - RECIPIENT, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000 in grant funds or more than $150,000 in loan funds, SUB - RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC §1352. A copy of the Certificate is attached hereto as Exhibit B. No funds will be released to SUB- RECIPIENT until the Certification is filed. SUB - RECIPIENT shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. SUB- RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any time during normal business hours and as often as the CITY, the U.S. Comptroller General, and /or the Auditor General of the State of California may deem necessary, SUB - RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General and /or the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including SUB - RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment 14 20B -19 and other data relating to all matters covered by this Agreement SUB - RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 7. Subcontracts and Procurement SUB - RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB- RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB - RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor SUB - RECIPIENT shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). SUB - RECIPIENT shall comply, as applicable, with the provisions of 15 20B-20 the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally - assisted construction subagreements, and the Hatch Act (5 USC § §1501 -1508 and 7324 - 7328). SUB - RECIPIENT shall comply with the Federal Fair Labor Standards Act (29 USC §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union /labor organizing activities. CA Gov't Code Sec. 16645, et seq. 9. Civil Rights SUB - RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P,L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601, at sec.), as amended, relating to non - discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply, or has already complied, with the requirements of Titles II and III of the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally - assisted programs. These requirements apply to all interests in real 16 20B -21 property acquired for project purposes regardless of Federal participation in purchases, SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L, 91.190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451, et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401, at seq,); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93 -234). SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271, at seq.) related to protecting components or potential components of the national wild and scenic rivers system. SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801, et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. SUB - RECIPIENT shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251, at seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, SUB - RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Cade §21000, et seq, and is not impacting the environment negatively. 17 20B-22 SUB- RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94 -163, 89 Stat. 871). SUB - RECIPIENT shall comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97.348) dated October 19, 1982 (16 USC 3501, et. seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11. Preservation SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1, et seq.). 12. Debarment and Suspension SUB - RECIPIENT shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 13. Drug -Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988, 41 USG §701, 44 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§ 8350 -8357. 14. Miscellaneous SUB - RECIPIENT shall comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89 -544, 7 USG § §2131, et sec.). B. Statutes and Regulations Applicable To This Particular Grant SUB - RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: is 20B -23 Title 44 Code of Federal Regulations (CFR) Part 13; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; US. Department of Homeland Security, Office of Grants and Training, FY 2009 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445 -2448. Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination or the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination /Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Expenses SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, 19 20B -24 unless otherwise expressed. Travel including in -State and out -of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office. SUB - RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB - RECIPIENT'S travel policies and procedures. If SUB - RECIPIENT does not have established travel policies and procedures, SUB - RECIPIENT'S reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97 -024, Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. M. I . u 4IFTii.T SUB - RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB - RECIPIENT to CITY of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ( "Grant Assurances "), attached hereto as Exhibit C. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. §414. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions, Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB - RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is.a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to 20 20B -25 seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, at seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87,52 FR 48661, 3 CFR, 1987 Comp., p. 252). SUB - RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ( "Material ") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. The Grantor shall have an unencumbered right, and a non - exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. SUB - RECIPIENT shall comply with 24 CFR 85.34. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27,401. Where the data are not first produced under this Agreement or are published copyrighted data with the 21 20B -26 notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB - RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §416. Minority Women And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB - RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub - Contractors. 22 20B-27 V DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS §501. Defaults Should SUB - RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB - RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB- RECIPIENT agrees to comply with all future CITY Directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 23 l+ vi ENTIREAGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty -five (25) pages and three (3) Exhibits which constitute the entire understanding and agreement of the part! es. 24 20B -29 IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. By: _ Linda N. Andal Clerk of the Council APPROVED AS TO FORM: Kristin Pelletier Sr. Assistant City Attorney CITY OF ANAHEIM, a municipal Corporation of the State of California By: Raul Quezada Chief of Police SUB - RECIPIENT CITY OF SANTA ANA By: Printed Name Title APPROVED AS TO FORM Printed Name Title C q-t NAV)V f, J J 25 20B -30 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and S. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Authorized Agent Signature Printed or Typed Name Address: 20B -31 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into, If it Is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 1 The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," " debarred," " suspended," "ineligible." "lower tier covered transaction,' 'participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5, The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6, The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will Include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactlons. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant may, but Is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instruc#ions, if a participant in a covered transaction knowingly enters into a (ewer tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 20B -32 EXHIBIT B CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants. Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that; No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciplents shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER CONTRACTOR/BORROW ER/AG ENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE 20B -33 Name of Applicant: Address: City: Telephone Number: E -Mail Address: EXHIBIT C California Governor's Office of Emergency Services FY2014 Grant Assurances (All HSGP Applicants) State: Fax Number: Zip Code: As the duly authorized representative of the applicant, I certify Chat the applicant named above: 1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds raider this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and regulations. 2. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is limited to those investments included in the California FY2014 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 3. Understands that in the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927 -5646 or via e -mail to ASIC- CMD�Jdhs.t;ov if you have any questions. 4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Governor's Office of Emergency Services (Cal OES). 5. Will assure that grant Rinds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to DHS/FEMA /Cal O.ES, where applicable. 7. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 8. Will give the DHS /FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its Page I Initials_ 20B-34 facilities, personnel and other individuals and information as may be necessary, as required by DHS /FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OES. b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS and Cal OES program guidance, requirements, and applicable laws. c. Recipients most comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS /Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. o. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 1 t. Agrees that fiords utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) the baseline level or capability as defined by the Fusion Capability Planning Tool. t2. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable thmeframe (subgrantee performance period), in accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty -five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 16. Agrees to be non - delinquent in the repayment of any Federal debt. Examples of relevant debt, include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and farm SF- Page 2 Initials_ 20B -35 424B, item number 17 for additional information and guidance. 17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgramee, recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance. Administrative remedies may be found in 38 U.S.C. §§ 3801 -3812, addressing false claims and statements made. 18. Will comply with all applicable provisions of DHS /FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also Imown as the "A -102 Common Rule "), which are also located found within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments "; will comply with OMB Circular A -h 10, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Part 215. 20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide; OMB Circular A -21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A -122, Cost Principles far Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A -133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 21, Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324- 7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal finds. 23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS /FEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352., and agrees that none of the funds provided under this awardmay be expended by the recipient to pay anyperson to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, Iona, or cooperative agreement. 26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women - owned, or disadvantaged businesses, to the extent practicable. 27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fluid deficiencies. 28, Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal sources, Subgrantees and subrwipients may be required to demonstrate and document that a reduction in non - Federal resources occurred for reasons other than the receipt or expected receipt of Federal finds. Page 3 Initials 20B -36 29. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88 -352, (42 U.S.C. § 2000d at seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o£, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 or seq.), which prohibits discrimination on the basis of gender in educational programs and activities. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12101 at seq.). d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq,), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of chug abuse. f The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U,S.C. § 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records, It. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing, i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made and any other applicable statutes. lc. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified individual with a disability in the United States will, solely by reason of the disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. 1. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a clue process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil ,Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgramees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 31. Will comply with the requirements of Titles II and III of the Uniform Relocation. Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91- 646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as it result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Pail 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally- assisted programs. 32. Will comply with all provisions of DHS /F'8MA's regulation 44 CFR Part 10, Environmental Considerations. 33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize, Federal finding. Agrees not to undertake any project having the potential to impact EHP resources Page 4 Initials_ 20B -37 without the prior written approval of DHS /FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS /FEMA and Cal OES funding. Any change to the scope of work will require re- evaluation of compliance with the EHP. If ground- disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgramee will immediately cease activity in that area and notify DHS/FEMA/ and Cal DES and the appropriate State Historic Preservation Office, 34. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non - compliance finding. Subgramees must complete the DHS /FEMA EHP Screening Form (OMB Number 1660 -0115 /FEMA Form 024 -0 -01) and submit it, with all supporting documentation, to their Cal DES program representative, for processing by the DHS/FEMA GPD EHP. 35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www. fema, gov /doe /government /grant /bulletins /info3 29_final_s creening_memo, doc. 36. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 37. Will provide any information requested by DHS /FEMA/ and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures ender the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EOl 1514), b. Notification of violating facilities pursuant to EO 11738. c, Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (RL. 93 -523). e. California Environmental Quality Act (CEQA), California Public, Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000- 15007. f. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC § 3501 et seq.), which prohibits the expenditure of most new Federal fiends within the units of the Coastal Barrier Resources System. 38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, § 8607,1(e) and CCR Title 19, § § 2445, 2446, 2447, and 2448. 39. Agrees that subgrantees and subrecipients collecting Personally Identifiable information (PII) must have a publically- available privacy policy that describes what Pit they collect, how they plan to use the PII, whether they share Pit with third parties, and how individuals may have their PIC corrected where appropriate. Subgrantees and subrecipients may also find DES Privacy Impact Assessments, guidance and templates online at http: / /www.dha.gov /xlibrary /assets/ privacy /privacy_pia_faidanco june2010.pdfandat http: / /www.dbs. gov /xlibrary/ assets/ privacy /privacy _pia_template,pdf, respectively. Page 5 Initials rI- 40. Agrees that all DHS/FEMA- funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 41, Will comply with Section 6 of the Hotel and Motel Fine Safety Act of 1990, 15 U,S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with Federal fiords, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942, 43. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grantfrom FEMA's Grant Programs Directorate, U.S. Department ofHomeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S, Department ofHomeland Security. 44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The recipient must affix the, applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g. classified information or other information subject to national security or export control laws or regulations). The recipient agrees to consult with DHS /FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this f riding. 45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowrnent of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant fonds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 46. Understands that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Page 6 Initials 20B -39 48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other non - profit organizations. 49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s), means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified, national security information if the award recipient has not been approved for and granted access to sucb information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents maybe located at: http' / /www dhs Qov/xonnbiz /grants /index.shem 51. Immediately upon determination by the award recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, and the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email:. DD254AdministrativeSecurity(a_�dlrs .gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients tine authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 - 705 -5711) or the Internet, currently at httn' //n fedgov dnb cem /webt b. "Entity ", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for- profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non - Federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see section 210 of the attachment to OMB Circular A- 133, "Audits of States, Local Governments, and Non - Profit Organizations ") and may be provided through any legal agreement, including an agreement that you consider a contract. Page 7 Initials rl- -1 d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the Federal funds provided by the subaward. 53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for Federally- assisted constriction sub - agreements. 54. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 55. Will comply with Homeland Security Presidential Directive (HSPD) -5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 56. Will comply with OMB Standard Form 424E Assurances — Non construction Programs, whereby the awarding agency may require subgramees and subrecipients to certify to additional assurances. 57. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." AS required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant will provide prolix lion against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal' benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c, Are not presently indicted for or otherwise-criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(6) of this certification; and have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 58. Will comply with requirements to acknowledge Federal finding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal fiends. 59. Will obtain, via Cal OES, the prior approval flour DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DI -IS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials, Page 8 Initials 20B -41 % Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -fiee workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interhn Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section t06(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and services. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755 -21768 (April 18, 2011), resulting from Executive Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance at bVps' / /www dhu,ov /uwdauce- publislred- ]reli7Lleparnnent- supported- or *...lons� rovide- meaningful- accessveoale- limited andacklitionad reg urc s on htgL/ /www.l uov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. WEI comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026.04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. 65, Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant- supported activities, DHS requires the environmental aspects of construction grants (and certain non - construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured tinder the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence use, result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et sect.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The Page 9 Initials_ 20 B -42 flood insurance purchase requirement applies to both public and private applicants for DES support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally- funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of section 101(b)(3) ofNEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U,S,C. §§ 175 4750. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award teem, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, It. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2013, the obligation must be reported by no later than December 31, 2013.) e. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U,S. Security and Exchange Commission total compensation filings at http: / /www.sec.gov /answers /execoinp,htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date wider this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CPR § 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange commission total compensation filings at httn, / /www- soc ovianswers /execonap htm ) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total Page 10 Initials- 20B-43 compensation of each of the subrecipient's five most highly compensated executives for the suhreeipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CPR § 170.320 (and subawards); and $25,000,000 or more in animal gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Understands that failure to comply with any of these assurances may result in suspension, termination, or reduction of grant funds. 72. The undersigned represents that lie /she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: printed Name of Authorized Agent; Title: Date: Page 11 Initials, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: CONTRACT AWARD TO GRAINGER, INC. FOR MAINTENANCE, REPAIR AND OPERATIONS SUPPLIES (SPEC. NO. 15 -003) (STRATEGIC PLAN NO. 6, 1) �iss�l'z. -Q5 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UV21=01wel ❑ As Recommended ❑ As Amended ❑ Ordinance on 18'Reading ❑ Ordinance on 2ntlReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Grainger, Inc. for the purchase of maintenance, repairs and operations supplies in an annual amount not to exceed $80,000, for a three -year period, with two one -year renewal options exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION City departments require a variety of different tools and miscellaneous supplies such as saws, hammers, screwdrivers, shovels, rakes and hoes in order to perform general maintenance throughout the City. These types of items are purchased through the Central Stores for distribution to the various end -user departments. Contracts for landscaping and hand tools are designed to provide city staff with quality products at competitive pricing resulting in significant savings based on quantity economy -of -scale pricing. In addition, the City also establishes blanket order contracts for miscellaneous items not available from the Central Stores. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Intergovernmental Purchasing Alliance awarded a contract to Grainger, Inc. for maintenance, repair and operations (MRO) parts, supplies and equipment, including tools and miscellaneous supplies, as a result of open competitive bidding, and meets the City's requirements. 22A -1 Contract Award for Maintenance, Repair and Operations Supplies February 3, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities and Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (63001). Francisco Gutierrez Executive Director Finance and Management Services Agency �k DS /sp 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended © As Amended © Ordinance on 16' Reading El Ordinance on 2n° Reading ❑ Implementing Resolution ® Set Public Hearing For CONTINUED TO Authorize the City Manager and Clerk of the Council to execute an agreement with Rosenow Spevacek Group (RSG), subject to non - substantive changes approved by the City Manager and City Attorney, to develop a citywide Economic Development Strategic Plan (EDSP), for a one - year period ending on February 1, 2016, in the amount not to exceed $120,000. On March 18, 2014, the City Council adopted the Santa Ana Strategic Plan, which has established specific goals, objectives and strategies to guide the City's major efforts during the next five years. Goal 3 Economic Development — Strategy 1 states that the City will `Implement a comprehensive Economic Development strategy to ensure that Santa Ana is a City with a vibrant business climate that is accessible, user friendly and welcoming to all residents and visitors." The purpose of developing an economic development strategic plan is to ensure that economic development initiatives are planned and focused appropriately to maximize the impact on the City. The EDSP will provide a road map that will define long -range goals and objectives for business development, growth, and attraction. The EDSP will establish a technical framework for proactive programs to enhance the business climate and an implementation plan to show how city -wide planning and specific priority recommendations meet the needs for higher- paying jobs, job training, and an increased quality of life for all residents and neighborhoods. The EDSP will also build upon the planning efforts that have occurred to date or are currently in process (i.e. General Plan Update and Harbor Specific Plan). On October 1, 2014, the City released a Request for Qualifications (RFQ) to develop a citywide economic development strategic plan. The City received eight statements of qualifications from consultants to develop the EDSP. Utilizing a comparative matrix to evaluate the consultant team's knowledge and experience with developing economic development strategic plans, 25A -1 Economic Development Strategic Plan February 3, 2015 Page 2 knowledge and familiarity of the local community and economic environment, the proposed approach to plan development and experience in community outreach, staff recommended four consultant firms to be interviewed. Acting as the City's steering committee in the development of the EDSP, the City's Economic Development Taskforce, comprised of 11 representatives from the local business community, interviewed the four consulting firms at the December 8, 2014 Taskforce meeting. RSG received the highest average score of 87. A summary of the Taskforce ratings are below: Consultant Applied Development Economics Average • 0® points 67 HR &A 78 Placeworks 79 RSG 87 Attached is a proposal from RSG which includes the scope of work to develop the EDSP. It is anticipated that the EDSP process will take six months to complete with an additional two to three months to prepare the document for the City Council. Staff will provide the Mayor and City Council with periodic updates on the progress of the Plan. Based on the ratings by the City's Economic Development Taskforce, it is recommended that the City enter into an agreement with RSG to develop the new citywide economic development strategic plan. Upon approval of the agreement by City Council, City staff will schedule a kick -off meeting to further define and enhance the Scope of Work for developing the EDSP. During this discussion, a more detailed community outreach schedule will be established. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #1, (Implement a comprehensive Economic Development Strategy to ensure that Santa Ana is a City with a vibrant business climate that is accessible, user - friendly, and welcoming to all residents and visitors), Strategy A (complete a comprehensive Economic Development strategy). FISCAL IMPACT Funds are budgeted and available in the Community Activities, Contract Services — Professional Account (01105810- 62300). 25A -2 Economic Development Strategic Plan February 3, 2015 Page 3 Executive Director Community Development Agency KR/MM /sb Exhibit: 1. RSG Proposal 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez S� Executive Director Finance & Mgmt. Services Agency 25A -3 25A -4 �. 1 9 if ! s w€ ♦ -1 4: O`. Introductory Letter Qualifications........................................................................................................... ............................... 3 RelatedExperience ................................................................................................. ............................... 5 ProjectTeam ........................................................................................................... ............................... 9 Approachand Workplan ........................................................................................ ............................... 17 Schedule and Fee for Service ............................................................................... ............................... 23 L i F? BETTER COMMUNITIES. BOLDER FUTURES. October 31, 2014 ROSENOW SPEVACEK GROUP INC. 809 WEST 4TH STREET SANTA ANA, CALIFORNIA 92701 -4502 Mr. Marc Morley CITY OF SANTA ANA— COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza — M25 Santa Ana, CA 92701 Dear Mr. Morley: T 714 5414585 F 714 5411175 E INFO @WEBRSG.COM WEBRSG.COM In response to your Request for Qualifications (RFQ), enclosed please find Rosenow Spevacek Group's (RSG's) Proposal for Services to prepare an Economic Development Strategic Plan (EDSP) for the City of Santa Ana (City). RSG understand that the City recently went through a comprehensive strategic planning process to identify goals, objectives, and strategies to guide City policies over the next five years. The outcome of this process was the Santa Ana Strategic Plan, which identified the need for an EDSP. RSG is uniquely qualified to assist the City in preparing an EDSP that meets the City's goals of providing: • A technical framework for proactive programs that enhance the business climate; and An implementation plan illustrating how city -wide planning and specific priority recommendations meet the needs for higher - paying jobs, job training, and an increased quality of life for all residents and neighborhoods. RSG is a creatively- charged counterpart to over 90 California public agencies. We work with people responsible for creating vibrant places to accomplish their economic development, fiscal health, and real estate goals. RSG's products and service offerings are built around our five core competencies: • Fiscal Health • Economic Development • Real Estate • Housing • Healthy Communities RSG is located in downtown Santa Ana and is one of the many businesses that help to support the economic base of the City. In a public - private partnership with the former Redevelopment Agency, RSG renovated an historic building and relocated our company headquarters from northern Santa Ana to downtown a decade ago, where we have witnessed the transformation of the area first hand, including the re- emergence of an entrepreneurial community. As a community member, we can apply a high level of insight and native knowledge to the City's efforts to boost the local economy. Our proposal includes a depiction of the qualities we believe make us an outstanding firm to work with, descriptions of selected engagements that have provided us with the experience necessary to provide services, our proposed scope, and fees for service. FISCAL HEALTH ECONOMIC DEVELOPMENT REAL ESTATE, HOUSING AND HEALTHY COMMUNITIES 25A -6 We look forward to discussing our qualifications and proposed work plan in greater detail, and look forward to the chance to work with the City again on this exciting endeavor. In the meantime, if you have any questions, please do not hesitate to contact us at 714.316.2100. Sincerely, ROSENOW SPEVACEK GROUP. INC. *AX Alexa Smittle Principal Tara Matthews Principal CalBRE Corporate Broker License #01930929 25A -7 I. QUALIFICATIONS In 1979, RSG started providing real estate and economic development services to a few clients. More than thirty years later, improving the social and economic wellbeing of communities is not only at the core of our business, it is the driving force behind our passion for the work we do. We like it, and we excel at the mechanics of it: identifying economic drivers, analyzing the real estate marketplace, implementing specific plans, financing projects, and growing and retaining local businesses. Our results are straightforward, functional, and effective. Moreover, we arm our clients with insight and intelligence so that they are empowered to make decisions and transform communities. RSG is the City's best partner for this engagement because: Years of experience and expertise allow us to be efficient, effective, and insightful • We are progressive and forward looking, sharing our experiences and knowledge of the fluid local economy and municipal resource base. From workforce development to affordable housing to infrastructure — we help our clients understand how these forces interact even in the simplest of projects. • Our staff is outstanding. While a core team is assigned to this engagement, it has the full backing of all RSG resources including 18 professionals, a real estate brokerage license, and multiple tools and databases. • Well- respected in the municipal consulting industry, other planning and consulting firms regularly reach out to us to partner on projects — in other words, we not only play well with others, we enjoy We recognize our job is to serve you and the community, and it's a role we treasure. We take pride in advising public and private clients to help make strategic investments and improvements in their communities. Our related work products generally fall into the following categories. Market Analysis RSG's real estate brokerage background provides our clients with sophisticated tools and insight on real estate trends and opportunities. We do our homework, and never rely on theoretical models that overlook local influences and preferences. As an alternative to traditional market studies, RSG is working to pioneer the development of trends analysis; market studies that analyze local economic drivers over a long period of time in order to align strategic planning with land use policies. Economic Development Our economic development work is collaborative, designed to help clients make progress, not just plans. While the process is neither exact nor fully predictable, our objective in any economic development 25A -8 engagement is to ensure that the short -term gains and easier wins help fuel long -term strategies that withstand the test of time. Business Development and Business Retention Starting from a community's core competencies, and expanding to understand the regional marketplace, RSG is able to identify growth and diversification opportunities that create sustainable sources of jobs and municipal revenues. RSG has planned, designed, and implemented marketing and new business solicitation campaigns for our clients. Advisory Committee and Community Outreach Stakeholder support for community development and redevelopment is more essential now than ever before. RSG regularly coordinates and leads community workshops with residents, property owners, and businesses. Project and Program Implementation Many of our clients retain RSG as contract staff to manage the day -to -day activities of economic development and redevelopment programs, including new development projects, rehabilitation projects, business improvement projects, business recruitment, site selection and acquisition, and financing. RSG also assists public clients in implementing programs such as fagade improvement programs, branding and marketing campaigns, infrastructure development programs and business solicitation. If additional resources are needed to implement your project or program, RSG can help identify outside funding sources and write the grant application. Project Feasibility RSG is well respected by cities across the state to conduct market assessments and project feasibility analyses, site selection and evaluation, and pre - entitlement services. Our background working with over 100 communities lends credibility to developers as well as cities. Financing Development RSG is a recognized expert in analyzing the economics of projects such as residential single - family rehabilitation and mixed income apartments, as well as commercial uses including retail stand -alone buildings, outlet centers, lifestyle centers, office towers, industrial condos, gas stations, ground leases, digital billboards, data centers and fulfillment complexes. We specialize in public- financing structures — helping communities know when it's reasonable to provide financial assistance and when a project's profitability meets current market yields. 25A -9 2. RELATED EXPERIENCE RSG's consultant team has extensive experience working on real estate performance, pro forma analysis, development feasibility, demographic trends, retail leakage, and implementation efforts that capitalize on strengths and reduce barriers. Over the past 35 years, RSG has analyzed nearly $50 billion in real estate development projects, developed numerous trend analyses, tracked and projected market demand, and maintained a progressive outlook on local economics, including the shift from sales -tax driven efforts to economic rainforests that are dynamic and interconnected despite municipal boundaries. CONSUMER ANALYTICS AND RETAIL MATCHING STUDY - CITY OF SAN GABRIEL As the oldest settlement in the greater Los Angeles area, San Gabriel has been a city of transformation for 200 years. Currently a true melting pot, the city boasts functioning three -story retail that is home to high -end jewelry stores, dozens of massage parlors, some of the most renowned Chinese restaurants in the state. Other traditional real estate anomalies abound, with land values often far in excess of supported rents, and not a Starbucks in sight. The City engaged RSG to help understand what was happening in the retail real estate marketplace, and strategically move forward with retail attraction and business development that made sense to this unique community. RSG conducted thorough research on the current market conditions in San Gabriel identifying retail spending patterns, leakages by product type, and related demographic trends. This assessment was supported by a series of pro formas identifying the financial implications of changes to properties or buildings as needed. A windshield survey of the existing retail centers and conditions in the city was also performed to identify characteristics such as size, ownership, parking, tenants, quality, zoning, and other pertinent items. Coupled with community outreach and an external marketing strategy, the City is ready to move forward with a progressive new image and development outlook that builds upon its strengths of density and diversity. Contact: Camille Paton, Community Development 626.308.2800 RSG Staff: Alexa Smittle, Jane Carlson, and Dima Galkin ECONOMIC DEVELOPMENT CONSULTING SERVICES - IRWINDALE RSG completed a five -year economic strategic plan for the City of Irwindale in 2011 after a year -long development process involving long- range, comprehensive market research and analysis, and intensive business stakeholder interviews and outreach meetings. Research and data results indicated that "economic gardening" was an appropriate strategy in Irwindale. Economic gardening is a growing trend in local government that prioritizes caring for and feeding existing businesses in the community as well as 25A -10 growing new revenue streams. RSG was hired to provide contract professional staffing and economic development implementation services immediately following the adoption of the economic strategic plan. Contact: John Davidson, City Manager 626.430.2217 RSG Staff: Jim Simon, Tara Matthews, and Suzy Kim VILLAGE AT TOPANGA FEASIBILITY AND FISCAL IMPACT ANALYSIS - CITY OF LOS ANGELES The Office of the Chief Legislative Analyst for the City of Los Angeles contracted with RSG to conduct a Feasibility and Fiscal Impact Assessment for the Village at Topanga Westfield Mall ( "Project ") in 2012. The Project feasibility conclusion, which indicated the developer was facing a significant funding shortfall, was based on an estimate of construction costs and the project valuation using the direct capitalization, discounted cash flow and internal rate of return methodologies. To assist in the development, the City structured a subvention payment not to exceed 50% of the net new site - specific tax revenues generated by the Project over a 25 -year period. Based on RSG's analysis, the City Council approved a subvention of up to $25 million in exchange for expediting the Project into a single phase, and generating about 1,300 new permanent jobs for the West Valley. Contact: Ivania Sobalvarro, Office of the Chief Legislative Analyst 213.473.5745 Oscar Ixco, Office of the Chief Legislative Analyst 213.473.5705 RSG Staff: Jim Simon, Tara Matthews, and Brandon Fender PROPERTY DISPOSITION AND MARKETING PLAN (GENERAL OFFICE AND RETAIL) - CITY OFATASCADERO The former Redevelopment Agency of the City of Atascadero owned a high -value property former utilized as a temporary city hall after an earthquake damaged the historic city hall a number of years ago. The property has been vacant for some time. The City retained RSG to determine the uses that would result in the maximum value or sales price for the property as well as uses that would act as a catalyst for economic development in the community. RSG conducted a market study, identified feasible potential uses for the property, completed pro forma analyses to determine which uses would be financially feasible, and finally presented 3 development options for the property. RSG staff identified the strengths and unique character of the community in concert with the market study. The market analysis determined that uses that reach consumer outside of the city limits (i.e., regional draw) were the most effective option for the property. The final report also contained a marketing plan for the effective disposition of the property. The report was presented to the City Council and a community /council workshop is planned for January 2015. Contact: Jeri Rangel, Director of Administrative Services 1Y01-11EININCERN RSG Staff: Hitta Mosesman and Dima Galkin GRAND AVENUE LOS ANGELES - CITY OF LOS ANGELES RSG was retained by the Office of the Chief Legislative Analyst in February 2014 following the approval bey the Grand Avenue Authority (GAA) of the Related Companies /Gerhy Partners conceptual site plan and 4h amendment to the disposition and development agreement. Due to the GAA's aggressive schedule that compels the developer and City to execute additional agreements conditioned upon financial analysis, RSG had less than 60 days to commence and deliver a draft report on this iconic, $950 million 25A -11 mixed -use project. Preliminary findings were delivered approximately 3 weeks after receipt of information, shared with the developer the following week, and a refined analysis and comprehensive draft report was presented within less than 2 months. The report evaluated the financial feasibility and fiscal and economic benefits of the project for both the City and County of Los Angeles, and lays the groundwork for ongoing negotiations on a revised funding agreement for City participation in the financing. Contact: John Wickham, Office of the Chief Legislative Analyst 213.473.5738 RSG Staff: Jim Simon, Brandon Fender, and Dima Galkin ECONOMIC & REAL ESTATE CONSULTING SERVICES - CITY OF SAN CARLOS During the past eight years, RSG has worked with the City of San Carlos on a variety of economic development, affordable housing, and real estate efforts. Projects have included property acquisitions, market analyses, Opinion of Value Reports, financial pro forma modeling, annexation proceedings, and redevelopment implementation plans. RSG has prepared development programming analyses, conducted developer outreach, performed financial analyses, and reuse valuations to assist in identifying appropriate disposition terms for Agency -owned properties proposed for redevelopment. Over the last several years RSG has played a key role in the progress of one of the City's most important projects, Wheeler Plaza, The TOD project is located in the center of the City's downtown and will redevelop a City -owned surface parking lot and six other retail and residential buildings. It includes 108 condominiums, a 451 -space parking garage, 19,855 square feet of retail and restaurant space, and a 31- unit very -low income senior tax credit equity project. When RSG was retained in 2006, the project was nearly dead. Through RSG's leadership and project management, the necessary parcels were purchased, a developer was selected through an extensive RFP process, and the Agency's investment was reduced (while increasing project benefits). RSG assisted the City with identifying and executing an economic strategy, including the current and ongoing development cost and feasibility analysis, acquisition using layered financing, solicitation and analysis of developer proposals, and expected disposition of property for a proposed hotel development. RSG's involvement also entailed ground lease valuation and buyout negotiations with an adjacent property owner. Contact: Al Savay, Community Development Director 650.802.4209 RSG Staff: Alexa Smittle, Jim Simon, Suzy Kim, and Brandon Fender In addition to the case studies referenced above, the table below presents some of our recent related projects. Lna uate ATKINS / City of Santa Monica Roberts Center Development Agreement 2013 Analysis (Santa Monica) City of San Carlos San Carlos Transit Village Feasibility Study, 2013 Fiscal Impact Analysis and BMR Analysis County of Orange The Ranch Affordable Housing Development 2013 Fiscal Analysis City of Santa Monica Economic Impact/Nexus Analysis for 2013 Affordable Housing Inclusionary Fee City of Westminster Civic Campus Redevelopment Program 2013 Analysis City_of Dana Point _ Towne Center Devel menC Feaslbilit 2013 25A -12 25A -13 Analysis City of Bell Economic Impacts on the City of Bell from the 2013 Interstate -710 Freeway Corridor Project City of Irwindale Panattoni DDA Negotiations and Fiscal Benefit 2013 Analysis ARID Group Multifamily Rental Project Feasibility Study and 2013 Concession Permit Application (Pasadena, CA) City of Dana Point Economic Development General Plan Element 2012 City of Carlsbad Economic Trends Analysis 2012 City of Rancho Mirage Developer Equity Analysis and Due Diligence 2012 Review/ Ritz - Carlton Rancho Mirage City of La Quinta Economic Trends Analysis 2012 Innovation Factory, Inc. EB -5 Economic Impact Analysis for Mixed Use 2012 Tech Accelerator City of West Hollywood Community Outreach Presentation — 2012 Dissolution City of Carlsbad General Plan Update Impact Analysis 2012 City of Camarillo Hotel Fiscal Analysis 2011 Selleck Development Shoppes at Westlake Fiscal Impact Analysis 2011 City of Brea Brea Public Trails Outreach 2011 Town of Yucca Valley Retail Recruitment 2011 City of Irwindale Economic Development Strategic Plan 2011 City of Grand Terrace General Fund Financial Sustainability Model 2011 South Irdell Chamber of Commerce Mooresville Comprehensive Economic 2011 Development Strategy Update City of Hercules Waterfront Development Program Analysis 2011 City of La Quinta Washington Street Apartment Project 2011 Redevelopment Feasibility, Design /Development and Entitlements City of Sparks (Nevada) East Truckee River Canyon Annexation Fiscal 2011 Impact and Development Study City of Hemet Stetson Crossing Retail Center 2010 Oroville Redevelopment Agency Oroville Inn Reuse Studies (Commercial and 2010 Residential) City of Goleta City Hall Condominium Interest Negotiation 2010 Santa Clarita Redevelopment San Fernando Road & Highway 14 2010 Agency Development Analysis City of Dana Point Towne Center Specific Plan Revenue Analysis 2009 Lemoore Redevelopment Agency Site Reuse Study 2009 City of Fountain Valley Infill Development Feasibility and Programming 2008 Analysis City of Carlsbad Strawberry Farms Economic Impact Analysis 2007 of General Plan Initiative Civic Partners The Diamond Market and Fiscal Impact 2007 Analysis City of South Pasadena DECOMA / Downtown Infill Redevelopment 2007 Fiscal Impact Analysis Westminster Redevelopment Springdale Site Analysis 2007 Agency 25A -13 3. PROJECT T RSG has assembled an experienced and efficient Project Team who has worked together on a number of similar assignments. RSG dedicates at least one Principal to each one of our engagements to oversee project deliverables, attend meetings, and manage all facets of the consultation process. Alexa Smittle and Jim Simon will act as the primary Principals -in- Charge and will lead this engagement with assistance from Tara Matthews and Hitta Mosesman, Principals. RSG is very engaged in the community and the collective expertise of each of the Partners will serve to enrich the Economic Development Strategic Plan. Additional staffing assistance will be provided by Brandon Fender, Senior Analyst, Dima Galkin, Analyst, and Michael Dietz, Research Assistant. Their resumes are included in this section, and on our website, www.webrsg.com. Other staff may be assigned as appropriate, particularly as needed for Spanish language outreach. RSGers Rosa Romero and Katherine Kotkin are both fluent in Spanish. 25A -14 ZIMINUMI =I 12 2 MMUZ4 .►• 'G_. VA R45 M Alexa leads clients and communities through policy- making, projects, market trends, and initiatives that support economic development efforts. She uses an honest and creative approach to identify opportunities that best fit her client's vision - from economic growth strategies to fiscal impact modeling. Her work includes sustainability forecasts, new development proposals, real estate analysis, and property tax finance. FOCUS AREAS: Economic Development, Municipal Finance, Fiscal Impacts, Market Trends Forecasts RECENT ENGAGEMENTS: • A demographic and real estate assessment to support retail recruitment including a) real estate educational components, b) community outreach utilizing multiple modalities c) marketing consultant coordination. Provided a foundation for ongoing City priorities and well supported planning initiatives. • A parking analysis for industrial area experiencing a multi -use renaissance including a) pro formas, b) conversion estimates, c) feasibility analysis. The analysis was designed to provide city council a series of options to allow land owners to convert their uses to accommodate more intense parking needs. New requirements for off -site parking would promote property investment. • A General Plan Economic Development Element and Implementation Strategy for a small, coastal community - focused on tourism and quality of place planning. • Leadership of team through annual tax increment allocations on behalf of the san Bernardino County Auditor controller, including collaborative development of a pass through model, allocation of ERAF funding, and audition of pass through agreements. Alexa joined RSG in 2005. She received a BS in Geography and Regional Development from the University of Arizona, and a Masters in Urban and Regional Planning from the University of California, Irvine. She maintains ties with the UCI Planning Program as a guest lecturer and mentor. WHAT I LOVE ABOUT THE WORK: I love seeing people make good decisions, especially when given touch choices. Our local governments, both staff and elected, deeply impact the quality of life we experience as residents. It's rewarding to help facilitate satisfy- action and even happiness. 25A -15 OUT AND ABOUT: "New Trends in Economic Development Finance" OCED /Southern California Economic Development Symposium (Feb'14) "Economic Development Trends" California Property Tax Managers Annual Conference (Feb '14) "Community Development" CALED /Introduction to Economic Development Certificate Program (Oct'13) "Dissolution and the Building Industry" Orange County Building Industry Association (Jul '12) Urban Land Institute (member) California Economic Summit, Workforce Action Team (member) Tara expertly navigates projects with a comprehensive knowledge of community development, affordable housing, and economic development. The complexity of her projects includes property acquisition and relocation services, development impact fee analyses, and the creation and monitoring of affordable housing projects. Tara is skilled at client collaboration, strategic planning, research and analysis, financial projections, report writing, and outreach. Tara also oversees staff management and inside operations. FOCUS AREAS: Municipal Finance, Affordable Housing, Organizational Analysis RECENT ENGAGEMENTS: • Assisted the City of El Cajon with financial impacts of a specific plan that would intensify uses in a downtown region. Provided an analysis of the probability of attracting businesses for the proposed uses. • Assisted the City of El Cajon Housing Authority identify real estate opportunities for affordable housing development by conducting field analysis, preparing preliminary programming analyses, and identifying available funding sources. • Facilitated the selection of a hotel developer to construct a 250 room hotel with over 10,000 square feet of conference space for the City of Camarillo. Assignment included developer negotiations, market trend analysis, pro forma analysis, and RFP preparations. • Assisted in the preparation of pro forma analysis for the City of Camarillo that detailed the affect of Senate Bill 341 expenditure requirements on potential disposition of a former redevelopment agency property. • Conducted an audit of the City of Carson's Mobile Home Park Rent Control Ordinance to determine the overall effectiveness of the program, potential modifications to establish best practices and cost efficiencies of program administration. • Prepared request for proposals and answered buyer inquiries for multiple properties in the City of Firebaugh. Tara joined RSG in 2004. She received a BS in Earth Sciences at the University of California, Santa Cruz, and a Certificate in Urban Planning and Development from the University of California, San Diego. WHAT I LOVE ABOUT THE WORK: I enjoy problem solving, and working with people who make things happen to improve their community. Seeing a project that I worked on come to fruition is very exciting. I can say, "I helped make that happen!" 25A -16 OUT AND ABOUT: San Diego Housing Federation, Member and Annual Conference Speaker California Community Economic Development Association, Member California Property Tax Managers Association, Annual Conference Speaker California State Municipal Finance Officers, Speaker Los Angeles Economic Development Corporation (tAEDC) and Los Angeles City Council District 11 Charrette Participant Inspired to improve the Golden State in his work, Jim delivers intelligence, innovation and passion to projects requiring his unparalleled expertise in fiscal health, real estate and economic development. For nearly 25 years, Jim is proud to have led projects that have resulted in the investment of over $3 billion in private and public capital, transforming cities and communities across California. As President of RSG, Jim is helping to shape the next generation of the firm's legacy - leading RSG's team of inspired, creative and insightful consultants that serve over 100 communities each year. FOCUS AREAS: Real Estate Acquisition, Development and Financial Feasibility, Economic Development RECENT ENGAGEMENTS: • Performed economic impact analysis for development of the catalytic Kaiser Permanents medical office project for the Leimert Park neighborhood in south Los Angeles. • Negotiated and structured terms and conditions of a workforce housing development in Goleta which was recognized by the American Planning Association's Central Coast Chapter as a "Hard Won Victory." • Analyzed and developed deal terms for a disposition and development agreement for a public - private partnership of a $70 million mixed use project in downtown San Carlos. • Analyzed and developed framework for a subvention agreement between the City of Los Angeles and Westfield for development of a $350 million destination lifestyle center in west San Fernando Valley. • Vetted equity investor and developer qualifications for the resurrection of the stalled reopening of the Ritz Carlton Rancho Mirage to be opened in May 2014. • Led the RSG team in an analysis of real estate market conditions and other assumptions employed by the Los Angeles County Assessor's office in their 2012 -13 property value forecast. Jim joined RSG in 1991, and has served as a Principal and shareholder since 2001. He received a BA in Business Administration with a concentration in entrepreneurial management from California State University, Fullerton. In 2014, Jim was selected as an advisory board member of the California Association for Local Economic Development, and is an active member of the International Council of Shopping Centers (ICSC) and the National Association of Office and Industrial Properties (NAOIP). WHAT I LOVE ABOUT THE WORK: I'm driven to help local government capitalize on community development opportunities. The work is not static. I enjoy adapting my style, pace and approach to the specific needs of my clients and their communities. 25A -17 OUT AND ABOUT: "Layered Financing: Funding Projects Today " — CALED /Annual Conference (Apr'14) "Creating an Economic Development Strategy" —OCED /Southern California Economic Development Symposium (Feb'14) "Real Estate Development & Reuse" — CALED /Introduction to Economic Development Certificate Program (Oct '13) Components of an Economic Development Strategy" - CSAC /Econom is Development and Opportunities for Counties (May 13) -"Economic Development Beyond Redevelopment" — CSMFOM/ebinar (Sep '12) "Unincorporated Communities and Infrastructure Financing" — CALAFCO /Annual Conference (Oct '10) HITTA MOSESMAN PRINCIPAL Hitta produces solutions to community problems with her expertise in public financing opportunities and economic development. She forms dynamic collaborations with her clients large and small, ranging from cities to public entities and agencies. Her work includes economic development advisory services, real estate valuation analysis property tax projections, cash flow analyses, successor agency consulting, methodology reviews, audits of assessed value projections, and fiscal impact analyses. FOCUS AREAS: Economic Development, Real Estate, Municipal Finance, Fiscal Health RECENT ENGAGEMENTS: • Prepared a Property Disposition and Marketing Plan for a high -value property located in the commercial core of a California city to 1) identify unique uses acting as economic development catalysts at the site, and 2) recommend the most beneficial disposition procedure. This assignment involved a comprehensive market analysis, research on emerging retail trends and multiple development pro forma analyses. • Calculated multiple cash flow analysis scenarios to determine the maximum amount of loan repayment (and most beneficial repayment structure) to a city to fund a large -scale and regionally- significant recreation area in Orange County. • Prepared complex property disposition plans for former redevelopment agencies for more than 100 properties, including disposition procedures and valuation analyses of each property. • Formulated multi -year property tax projections for a large special district for budgeting purposes. These projections incorporate new development projects, appeals, and annexations, as well as an economic analysis to forecast future growth rates in assessed valuation. Hitta originally joined RSG in 1989 as an intern while completing her BS in Economics with a minor in Business Management from the University of California, Irvine. After working for two boutique municipal consulting firms, Hitta re- joined RSG in 1996. WHAT I LOVE ABOUT THE WORK: I have the chance to discover and build upon the strengths and individual character that are unique in every community. I help communities improve and thrive in the face of challenges to revenues and increased levels of services. 25A -18 OUT AND ABOUT: League of California Cities City Manager's Group, Economic Development Focus Group Member Speaker, San Gabriel Valley City Manager's Association (League of California Cities) on Economic Development California Association for Local Economic Development Certified personal trainer BRANDON FENDER SENIOR ANALYST Brandon supports economic impact, nexus and linkage fee analyses with his specialty in research, fieldwork, and data analysis. He uses Geographic Information Systems software for graphic representation and spatial analysis, as well as IMPLAN modeling. He performs compliance audits and develops models to project future employment. He is experienced in the area of obtaining entitlements to create affordable housing opportunities for seniors and disabled adults. FOCUS AREAS: Fiscal and Economic Impact Analyses, Real Estate, Development Entitlements and Programming, Housing RECENT ENGAGEMENTS: • Assisted the City of Los Angeles Office of the Chief Legislative Analyst with determining the development costs, feasibility, gap, and fiscal and economic impacts associated with the Village at Westfield Topanga in Warner Center and the Grand Avenue project in Downtown Los Angeles. • Working with the City of San Carlos to assemble land and identify a developer to build a hotel with over 200 keys. The land, known as the Landmark Site, has been targeted for hotel development for over 20 years. • Fiscal and economic impact analysis for the City of Los Angeles to estimate jobs, sales, utility and property taxes generated by housing, retail and medical facilities on an economically depressed area. Brandon joined RSG in 2009. He received a BA in Social Ecology from the University of California, Irvine. WHAT I LOVE ABOUT THE WORK: When communities face economic stress and difficulty, I am able to provide innovative and ecological solutions. I have a passion for equitable, sustainable and social urban space. 25A -19 OUT AND ABOUT: ESRI Certified in Geographic Information Systems California Association for Local Economic Development American Homebrewers Association Brewers Association — Brewery Membership Owner, Good Beer Company, DTSA ANALYST Dime contributes a strong interdisciplinary knowledge base to RSG's project teams. He analyzes demographic, socioeconomic and business data along with trends to form recommendations for business attraction, real estate development investment and economic growth for cities. He composes long range property management plans. He creates maps, graphs and other visual elements for different types of projects to communicate research findings to a variety of clients. He also assisted in the research and implementation of a model focused on general fund revenue for economic development analysis. FOCUS AREAS: Economic Development, Fiscal Analysis, Real Estate RECENT ENGAGEMENTS: • Calculated property taxes, pass - thrpugh payments, and excess revenues for multiple clients, including reviews of past receipts and projections of future receipts. • Collaborated with other staff members to estimate development feasibility and impacts of different types of projects in cities throughout California. Analyzed demographic, socioeconomic, and business data, and trends to form recommendations for business attraction, real estate development investment, and economic growth for several cities. Synthesized information from clients, proprietary and other research, and site visits to help write, and assist with implementation of, five Long -Range Property Management Plans, with more than 300 properties total. Dima joined RSG in 2013. He received a BA in Urban Studies and Political Science from Washington University in Saint Louis, and an MPL in Urban Planning from the University of Southern California. WHAT I LOVE ABOUT THE WORK: When a client faces challenges, I am eager to find new paths for success. I look for innovative solutions to help cities improve their budgetary and financial paradigms. I'll take on any task to help cities efficiently provide better services to their residents. 25A -20 OUT AND ABOUT: American Planning Association California Association for Economic Development ESRI Certified Geographic Information Systems Fluent in Russian MICHAEL DIETZ RESEARCH ASSISTANT Michael brings an analytical and adaptable background to RSG's project teams. He researches a wide variety of data and translates it into a reliable source of information. He then helps to analyze this data in an efficient and effective manner. Furthermore, he assists in the drafting of advanced plans, spreadsheets, and reports for clients. His unique blend of knowledge allows him to understand communities and solve problems. He is a flexible and integral piece of the team. FOCUS AREAS: Community Development, Land Use Planning, Urbanization RECENT ENGAGEMENTS: Conducted a feasibility analysis to assess a proposed hotel's impact on residual growth of both the local and regional economy. • Examined and evaluated existing land uses and development standards with regard to their economic potential across multiple communities. • Drafted a report that analyzed existing senior housing availability and projected demand over the next 10 years, including a synthesis of data from comparable cities. Michael joined RSG in 2014. He received a Master's Degree in Urban and Regional Planning from University of California, Irvine and graduated with magna cum laude honors with a BA in Psychology from California State University, Long Beach. WHAT I LOVE ABOUT THE WORK: I am highly committed to the betterment of communities through the adoption of creative and progressive solutions. I enjoy thoroughly analyzing a community to ensure I discover its core character, and then using that knowledge to help people improve their quality of life. 25A -21 OUT AND ABOUT: American Planning Association 4. APPROACH AND WORKPLAN When it comes to data, RSG is a methodical, cautious group that never takes information on face value. We pride ourselves on diving deeper to understand the issues at hand, and deliver it back to our clients in a coherent manner. But here's the thing about data — everyone loves a fun fact or two, and this type of information is great for drawing people in; but it's using the data to move towards a goal that is the real trick. This is where RSG excels. Our true strength as a consulting firm, as demonstrated in our 35 year track record, is not just to gather information, but to integrate with our clients and help them achieve their goals. I_\7 30iffe I Santa Ana is currently undertaking a comprehensive General Plan Amendment update and the EDSP is an integral part of creating the City's Economic Development Element. RSG understands that our work will be instrumental in creating the framework that will guide city -wide economic development activities. As shown below, part of our approach will be to better understand what can be pulled in from the strategic planning efforts the City has completed to date (i.e. Santa Ana Strategic Plan, Economic Development Taskforce, workforce planning activities, etc.), then utilizing our outreach and analysis process, create a refined strategy based on current real estate economics, political and resource capabilities, workforce capacity, jobs and housing balance, infrastructure capacity, and most - importantly, private investment opportunities. 25A -22 Land Use EDSP Roles & Policy Partnerships Leveraged & Strategic Practices & Investment Metric & Programs Options Actions City History and Fiscal DNA City WIB Council and Staff Economic Development Framework Infrastructure Capacity Programs and Resources 25A -23 Community Orgs & Neighborhoods Economic Development Task Force N MIN n Our anticipated process is described below. Please note that while our efforts are grouped by task, we anticipate this will be a dynamic process, with each task supporting and feeding into the other until all tasks have been completed. We look forward to the opportunity to work with staff to refine this approach as needed. Task 1: Jobs /Housing Balance Assessment We expect this to be a very revealing and important part of the EDSP process, and suggest that it will be at the forefront of our research for the City. 1. The first part of this assessment will focus on traffic commute patterns from the US Census to understand the basic shifts in the daytime and nighttime population: where residents go to work, and where employees are living. At a minimum, this will help to better define the daytime population served by the City, but also illustrate where how job centers align with residency patterns. 2. RSG will next evaluate the types of employment offered within the city. Depending on the data and methodology available through business licenses, RSG may be able to look at this information within certain quadrants of Santa Ana through GIS, as well as the city as a whole utilizing State and Federal data. 3. Key industries in the city will be analyzed for trending patterns and clustering to identify where the city may be gaining or losing a competitive edge, and begin to identify where city efforts may work in concert with economic drivers to encourage job growth and retention. 4. Income levels associated with employment industries, both for those that commute out of and into Santa Ana will be used, in part, to frame the types of housing needed to accommodate the population. A limited sample analysis is shown below, utilizing only population demographics and limited research on available housing costs. The table essentially identifies the types of housing affordable to the various income groups living in the city, should they need to relocate today. Santa Ana Housing Product Affordability foal 74,583 100.00% ' E$RI Business Arelyst ' Table reflects affordablllty of products available In October 2014 only, not necessarily pmduct preferences 25A -24 Income Range' #HH 2014' %HH 2014' %Income to Housing Supportable Monthly Housing Costs Current Product Affordable to Income Group' Rent $ - - 15,000 7,151 9.59% 35% $ - - 438 None $ 15,000 - 24,999 8,521 8.74% 35% $ 438 - 729 None $ 25,000 - 34,999 8,795 11.79% 35% $ 729 - 1,021 Some studio and 1 bedroom units Many studio and 1 bedroom options for rental or purchase; some 2 $ 35,000 - 49,999 12,732 17.07 % 35% $ 1,021 - 1,458 bedroom options for rental Many options for up to 2 bedroom rental or purchase; some options $ 50,000 - 74,999 14,917 20.00 % 35% $ 1,458 - 2,187 for up to 3 bedroom purchase (apartments or condos) Almost any option for rental, many options for up to 3 bedroom $ 75000 - 99,999 9,748 13.07% 33% $ 2,083 - 2,750 purchase (all housing types) $ 100,000 - 149,999 10,193 13.67% 33% $ 2,750 - 4,125 Any rental; Many options for ownership $ 150,000 - 199,999 2,472 3.31% 30% $ 3,750 - 5,000 Any rental; Almost any option for purchase Mort a e $200,000 + 2,0541 2.75% 1 30% 1 IS 5,000 + lAny product foal 74,583 100.00% ' E$RI Business Arelyst ' Table reflects affordablllty of products available In October 2014 only, not necessarily pmduct preferences 25A -24 Task 2; Assessment of Conditions (SWOT) With staff recommendations, RSG will engage a series of small stakeholder groups to participate in short, but lively discussion on relevant strengths, weaknesses, opportunities, and threats (SWOT) to the business community in Santa Ana. We would suggest stakeholder groups include the following at a minimum: the Economic Development Task Force, representative staff from planning, economic development, public works, and the police department; local or recent developers; community action and non - profit groups; banks; sampling of local business members; the Chamber of Commerce, and any other local leaders such as neighborhood association representatives. While some of these discussions may need to take place via phone conversations, we recommend setting aside one to two days for short "speed dating" discussions with various cohorts in order to make the most of the participants' time while gathering extensive amounts of information and perspectives. We would further suggest that only one to two City representatives join RSG as discussion leaders to encourage the most open communication possible. 2. RSG will submit written summaries of feedback received, and begin to formulate the SWOT analysis, which will evolve during the EDSP process. Task 3: Evaluation of Existing Programs 1. RSG will facilitate a meeting with City staff, and potentially former city staff with permission, to learn about the business development programs and incentives currently offered, how successfully they have been used, if and how they have been adapted over time, perceived interest levels from the business community, and current outreach efforts to potential end users. 2. During this process, RSG will solicit ideas and thoughts from staff on how modifications to existing programs and implementation efforts, or completely new offerings, would make their departments more successful, as no amount of analysis from RSG will replace the day to day interactions staff has with the business community. 3. Based on staff feedback, business community outreach, and our own research and knowledge base, RSG will recommend programs to keep, modify, delete, or add and work with staff to define a critical path and ease of implementation matrix. 4. After analysis of future job growth and business clustering, RSG will also collaborate with the Santa Ana Workforce Investment Board and potentially local community colleges to determine where alignment may be achieved between anticipated local demand and programmatic services for job training and development. 5. RSG will provide feedback on existing and other future potential workforce investment strategies that may be used to plan strategically for new job needs as the City's workforce evolves. These may include both local efforts as well as recommendations for supporting policy changes at the State level. 6. Finally, after gathering a deeper understanding of industry clusters and anticipated business growth, RSG will help assess options for additional foreign investment and trade opportunities. The US Department of Commerce has recently begun to investigate potential opportunities with cities, and a number of Santa Ana stakeholders likely have insight to provide as well, which can be uncovered during the outreach process. 25A -25 Task 4; Establish Shared Vision of Economic Priorities and Actions Based on the Five Year Strategic Plan Priority Economic Development Issues Task 4a: Review and Modify Land Use Controls that Encourage Business Development, and Address Development Potential 1. RSG will conduct a high -level market assessment of the office, industrial, and retail markets to provide a reasonable range of any additional commercial square footage Santa Ana may be able to obtain, based upon regionally projected job growth, vacancy rates, competitive lease rates, and other related factors. 2. Utilizing cluster data from earlier Task 1, RSG will determine the business sectors most likely to be attracted to Santa Ana in particular, and research the types of infrastructure these businesses require, e.g. access to fiber networks, freeways, airports, educated workforce, etc. 3. RSG will engage City staff in a working group discussion related to existing land use controls that either foster or inhibit the types of growth or change that could occur in the business community with the right encouragement. Infrastructure needs will be included in this discussion. Based on this conversation, RSG will draft land use policy options that will benefit the business community for City consideration as the General Plan update process unfolds. Task 4b: Implement Strong Customer Relations Between the City and the Business Community, Including Business Outreach 1. The great thing about City interactions with the business community is that they are entirely within the City's control to manage and modify as needed. And while good customer relations will always be critical to a successful economic development strategy, we believe a part of this EDSP will be about identifying the target business audiences the City can focus on currently and in the near future in order to be most effective. 2. To achieve insight into customer relationships, RSG recommends convening of a limited number of business owners and developers that have recent interactions with the City to share their experiences. As a result of these two tasks, we can make recommendations on best practices for staff /business interactions that are grounded in job growth and retention priorities. Task 4c: Continued Concentration on DTSA as a Focal Point of Interest for Regional Attractions and Activities, Dining and Nightlife, Urban Living, Jobs, and Connectivity, Including Business Outreach 1. As a ten -year member of the DTSA community, we believe we can garner a number of unique perspectives on doing business in downtown that will help to frame further discussion on the evolution of the area — both as a magnet for entrepreneurs as well as a regional focal point. Our outreach efforts will focus on uncovering why businesses and residents are choosing DTSA, what's working well, and why any suggested improvements would benefit long -term and next - generation investors. 2. Working with City and community partners that put on events such as Cinco de Mayo Festival, the Patchwork Indie Arts and Crafts Festival, and First Saturdays, RSG will drill down into the social and economic successes had by large -scale events, and their impact on City services. 3. As a result, RSG will put forward a series of recommendations focused on continued viability and vigor of the downtown area. 25A -26 Task 5: Draft EDSP, with Background Data and Recommendations This task will be the culmination of RSG's efforts. The background data that has been collected during the due diligence period will be included to provide context to the EDSP, while key findings and recommendations will be brought forward for implementation. We expect this process will involve two rounds of staff comments and edits. We anticipate the EDSP will provide: 1. A streamlined and cohesive vision for Santa Ana's long -term economic viability that can be supported by elected officials, staff, and community members; 2. Actions that encourage job attraction and retention, foster entrepreneurialism, and work with market trends to best leverage city investment; 3. Prioritization of programs or investment solutions to deficiencies, such as customer service or infrastructure, and identification of potential funding mechanisms beyond the general fund where applicable; 4. Land use policy recommendations that will align the General Plan with economic development efforts; and 5. Measurements to track progress and enable course corrections as needed. 25A -27 5. SCHEDULE AND FEE FOR SERVICE Based on City input, we anticipate the EDSP process to take about 6 months to effectively complete, and an additional 2 -3 months to prepare the document for the City Council. Below is a schedule outlining the timing of expected workflow by task. Jobs /Housing Balance Assessment Assessment of Conditions Evaluation of Existing Programs Shared Strategic Vision Draft and Final EDSP Staff Meetings, Presentations 25A -28 Our fee for service is defined below by task. Please note that as discussed earlier, the tasks do overlap in many instances, with each informing another, therefore the depiction below is our best estimate on a task basis. The total fee for the engagement, regardless of task breakdown, is $118,210. The City will only be charge for actual hours billed to this engagement, and actual data costs as applicable. 25A -29 HOURS BY CONSULTANT Principal/ Research Director Associate Sr. Analyst Analyst Asst. ! Subtotal I Subtotal 210 150 125 115 1001 Hours 1 Costs Santa Ana EDSP 248 490 108 262 394 I 8441$ 118,210 JobslHousing Balance Assessment 12 40 48 60 160 1 $ 20,040 Commute Patterns 1 14 Employment Trends 4 16 10 161 Business License Data 2 8 201 Clusters 1 16 16 16 Housing Analysis 4 8 81 Assessment of Conditions 22 46 12 10 90 1 $ 13,900 Stakeholder Outreach 20 30 10 101 Initial SWOT Summary 2 16 2 Evaluation of Existing Programs 38 68 32 68 1 206 j $ 28,660 Meeting with Staff 8 16 161 WIB Coordination 4 8 12 121 Foreign Investment 2 20 30 2011 I Draft Strategies and Recommendations 24 24 20 201 i � Shared Strategic Vision 26 56 16 36 134 $ 19,300 Land Use Controls Review 2 16 16 201 Customer Relationships 8 16 12 I DTSA Focus 16 24 24 16! 1 Draft and Final EDSP 32 40 30 30 30 1i 162 $ 22,920 Staff Meetings, Presentations & Coordination 20 30 10 16 16 i 92 ! $ 13,390 25A -29 Current Hourly Billing Rates & Fee Schedule Principal / Director $ 210 Senior Associate $ 165 Associate $ 150 Senior Analyst $ 125 Analyst $ 115 Research Assistant $ 100 Technician $ 75 Clerical $ 60 Reimbursable Expenses Cost plus 10% RSG does not charge clients for travel or mileage (except direct costs related to field work /surveys), parking, standard telephone /fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping /express mail costs and teleconferencing services. Any third party data required may also be charged to the client, typical examples include copies of the equalized assessment roll and Costar Market data. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. Costs will be charged back at the actual expense plus 10 %. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. 25A -30 COZ5U UOT AGREEMENT THIS AGREEMENT, made and catered into this —clay of 2015, by and between Rosenow Spevacek Group, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and ruunicipal corporation organized and existing ti ader the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On March 28, 2014, the Santa Ana City Council adopted the Santa Ana Strategic flan, which established specific goals, objectives, and strategies to gaidc the City's major efforts over the next five years, Goal 3, Eoonomic Development M Strategy 1, states that the City will, "Implement a comprehensive Economic Development strategy to ensure that Santa Ana is a City with a vibrant business climate that is accessible, user friendly and welcoming to all residents and visitors." The purpose of developing an 'Economic Development Strategic Plan is to ensure that economic development initiatives are planned and focused appropriately to maximize the impact on the City. E, Consultant represents that Consultant is able and willing to provide such an Economic Development Strategic Plan, C. A Request for Qualifications to develop a oitywide econoric strategic plan was released on October 1, 2014, Tbo City received eight statements of qualifications from consultants to develop the Economic Development Strategic Platt, A, In undertaking the performance of this Agreement, Consudtaut represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may rcasonably bo expected froth a professional consulting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant sliall prepare an Economic Development Strategic flan that will: provide a road snap that will define long -range goals and objectives for business development, growth, and, attraction; establish a technical fratnowork for proactive programs to enhance the business climate and an huplenrentation plan to show how city -wide planning and specific priority recommendations moot the needs for highor•paying jobs, job training, and an increased quality of life for all residonts arrd oeigbborboods; and, build upon the planning efforts that have occurred to date or are currently in process, This sball be provided as set forth in the scope of services attached hereto as Exhibit A and incorporated, by this reference to this Agreement, W f. 2. DELIVFRY OY WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided, Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to :material produced as a deliverable under the Agreement, including, but not limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that tho authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disolose, publish, translate, reproduce, and use such materials. 3. COMPENSATION ENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A attached hereto and incorporated herein by this reforence. The total surm to be expended under this Agreement shall not exceed $120,000.00 during the Term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall cornmonee on the date first written above and terrrr.inato one (1) year from said commencement date, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City, 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employertiemployce relationship, a joint venture relationship, or to allow the City to exercise disoretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulatlons ,governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 6. INSURANCE Prior to uandortaking performance of work tinder this Agreement, Consultant shall nmotain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 25A -32 a. Commercial General Liability Insurance, Consultant shall maintain cornmercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to Property, resulting front any act or oomirrence arising out of Consultant's operations in the performance of this Agrocizont, 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (o) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined. single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned automobiles, c. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertalce self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single l nat of not less than $1,000,000 per claim. e. The :following requirements apply to the insurance to be provided by Consultant pursuant to this section; (i) Consultant shall zaintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to 'the City. f. If Consultant fails or refuses to produce or maintain the insurance required by dais section or fails or refuses to furnish the City witb. required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials orpended prior to notification of tennination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval ofing urance by the City, INDEMNIFICATIONN To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its offtcors, agents and employees (collectively, the "hidenmified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, 25A -33 judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, claims), which may arise from or in any manner related (directly or indirectly) to any work porformed or services provided under this Agreement (including, without limitation, defects in workmanship and /or tuaterials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of there), Notwithstanding the foregoing, nothing herein shall 'be construed to require Consultant to indemnify the indemniflod parties fiionx any claim arising from the sole negligence or willful misconduct of the indemnified parties, This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the sarue degree of care it uses to protect its own infonnation 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 patty is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through, no fault of the Consultant disclosed in a publicly available source; (C) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City, 9. CONFLICT OF INTElREST CLAUSE Consultant coveneLats that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreoment shall be in writing and shall be doomed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in. the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O, Box 1988 Santa Ana, CA 92702 -1988 25A -34 Facsimile: 714- 647 -6956 Copies to: Community Development Agency — Executive Director City Tull — Ross Annex — 6t" Floor 20 Civic Center Plaza Santa Ara, California 92702 Ltd City Attorney City of Santa Ana 20 Civic Center Plaza (M�29) P.O. Box 1988 Santa Ana, California 92702 Facsimile; 714. 647,6515 To Consultant; RSG, Inc, 309 W. Fourth Street Santa Ana, California 92701 Telephone; 714. 316.2100 Facsimile; 714541 -1175 A party may change its address by giving notice in writing to the other party, Thereafter, any comnnunication shall be addressed and transmitted to the now address, If sent by mall, communication shall be effective or doomed to have been given three (3) days a.ftor it has been deposited in the kinitod States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. Pot purposes of cateuilating these time ftames, weekends, federal, state, County or City holidays shall be excluded, II, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. in the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of tliis Agreement shall prevail, This Agreement may not be modified except by written Instrument sighed by the City and 'by an authorizod representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant nor the City, Each party to this Agrmnent acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, dclegtito, 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 25A -35 shall'bo construed to limit the City's ability to have any of the services which, are the subject to this Agreement performed by City personnel or by other consultants .retained by City, 13. TERMINATION' This Agreement may be tenninated by the City upon thirty (30) clays written notice of termination. In suoh event, Consultant shall be entitled to receive and the City shall pay Coimatant compensation for all services performed by Consultant prlor to receipt of such notice of termination, subject to the fallowing conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all wade product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not -be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the momitmont, selection, training, utilization, promotion, termination or other employment related activities, Consultant of liras that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement, 16, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions nowasary for the provision of the services hereunder and reglrirod by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exenptions. Said inability shall be cause for termination of this Agreement, 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 'hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, including reasonable costs and attorney's fees, for any irljuxles or damages to City in the event that such authority or power is not, ua ikot, 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 Agreemont, 25A -36 IN WITNESS WHEREOF, the panties hereto have executed this Agreement the (late kind year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: KELLY REENIDERS Executive Director - CDA CITY OF SANTA ANA DAVID CAVAZOS City Manager ROSENOW SPEVACEK GROUP, INC. Alexa Smittle Vice President 25A -37 Our anticipated process is described below. Please note that while our efforts are grouped by task, we anticipate this will be a dynamic process, with each task supporting and feeding into the other until all tasks have been completed. We look forward to the opportunity to work with staff to refine this approach as needed. Task 1: Jobs /Housing Balance Assessment We expect this to be a very revealing and important part of the EDSP process, and suggest that it will be at the forefront of our research for the City. 1, The first part of this assessment will focus on traffic commute patterns from the US Census to understand the basic shifts in the daytime and nighttime population: where residents go to work, and where employees are living. At a minimum, this will help to better define the daytime population served by the City, but also illustrate where how job centers align with residency patterns. 2. RSG will next evaluate the types of employment offered within the city, Depending on the data and methodology available through business licenses, RSG may be able to look at this information within certain quadrants of Santa Ana through GIS, as well as the city as a whole utilizing State and Federal data. 3. Key industries in the city will be analyzed for trending patterns and clustering to identify where the city may be gaining or losing a competitive edge, and begin to identify where city efforts may work in concert with economic drivers to encourage job growth and retention. 4. Income levels associated with employment industries, both for those that commute out of and into Santa Ana will be used, in part, to frame the types of housing needed to accommodate the population. A limited sample analysis is shown below, utilizing only population demographics and limited research on available housing costs. The table essentially identifies the types of housing affordable to the various income groups living in the city, should they need to relocate today. Santa Are Menefee Product Affordability Total 74,583 100.00% ' ESRI auslnuss Analyst F Tnble,ellsnle efra,dabllilynl nn,duala avallabla in Odsbar 2m4 only, not n.cessarily a,.&nt proferancua +., rA Income Range' # HH 2014' %HH 2014' % Income to Housing Supportable Monthly Housing Coats Current Product Affordable to Income Group° Rent $ - - 15,000 7,451 9.59% 35% $ - - 438 None $ 15,000 - 24,999 6,521 8.74% 35% $ 438 - 729 None $ 25,000 - 34,999 8795 11.79% 35% $ 729 - 1,021 Some studio and i bedroom units S 35,000 - 49,999 12,732 17.07% 35% $ 1,021 - 1g58 Many studio and 1 bedroom options for rental or purchase; some 2 bedroom options for rental Many options for up to 2 bedroom rental or purchase; some options $ 60,000 - 74,999 14,917 20,00% 35% $ 1,458 - 2,187 for up to 3 bedroom purchase (apartments or condos) $ 75,000 - 99,999 9,748 13.07% 33% $ 2,063 2,750 Almost any option for rental; many options for up to 3 bedroom purchase (all housing types) $ 100,000 - 149,999 10,193 13.67% 33% $ 2,750 - 4,125 Any rental; Many options for ownership $ 150,000 - 199,999 2,472 3.31% 30% $ 3,750 - 5,000 Any rental; Almost any option for purchase Mortgage e $ 200,000 + 1 2,0541 215% 1 30% 1 $ 5,000 JAny product Total 74,583 100.00% ' ESRI auslnuss Analyst F Tnble,ellsnle efra,dabllilynl nn,duala avallabla in Odsbar 2m4 only, not n.cessarily a,.&nt proferancua +., rA Task 2: Assessment of Conditions (SWOT) With staff recommendations, RSG will engage a series of small stakeholder groups to participate in short, but lively discussion on relevant strengths, weaknesses, opportunities, and threats (SWOT) to the business community in Santa Ana. We would suggest stakeholder groups include the following at a minimum: the Economic Development Task Force, representative staff from planning, economic development, public works, and the police department; local or recent developers; community action and non- profit groups; banks; sampling of local business members; the Chamber of Commerce, and any other local leaders such as neighborhood association representatives. While some of these discussions may need to take place via phone conversations, we recommend setting aside one to two days for short "speed dating" discussions with various cohorts in order to make the most of the participants' time while gathering extensive amounts of information and perspectives, We would further suggest that only one to two City representatives join RSG as discussion leaders to encourage the most open communication possible. 2. RSG will submit written summaries of feedback received, and begin to formulate the SWOT analysis, which will evolve during the EDSP process. Task 3: Evaluation of Existing Programs 1. RSG will facilitate a meeting with City staff, and potentially former city staff with permission, to learn about the business development programs and incentives currently offered, how successfully they have been used, if and how they have been adapted over time, perceived interest levels from the business community, and current outreach efforts to potential end users. 2. During this process, RSG will solicit ideas and thoughts from staff on how modifications to existing programs and implementation efforts, or completely new offerings, would make their departments more successful, as no amount of analysis from RSG will replace the day to day interactions staff has with the business community. 3. Based on staff feedback, business community outreach, and our own research and knowledge base, RSG will recommend programs to keep, modify, delete, or add and work with staff to define a critical path and ease of implementation matrix. 4. After analysis of future job growth and business clustering, RSG will also collaborate with the Santa Ana Workforce Investment Board and potentially local community colleges to determine where alignment may be achieved between anticipated local demand and programmatic services for job training and development. 5. RSG will provide feedback on existing and other future potential workforce investment strategies that may be used to plan strategically for new job needs as the City's workforce evolves. These may include both local efforts as well as recommendations for supporting policy changes at the State level 6. Finally, after gathering a deeper understanding of industry clusters and anticipated business growth, RSG will help assess options for additional foreign investment and trade opportunities. The US Department of Commerce has recently begun to investigate potential opportunities with cities, and a number of Santa Ana stakeholders likely have insight to provide as well, which can be uncovered during the outreach process. 25A -39 Task 4: Establish Shared Vision of Economic Priorities and Actions Based on the Five Year Strategic Plan Priority Economic Development Issues Task 4a; Review and Modify Land Use Controls that Encourage Business Development, and Address Development potential 1. RSG will conduct a high -level market assessment of the office, industrial, and retail markets to provide a reasonable range of any additional commercial square footage Santa Ana may be able to obtain, based upon regionally projected job growth, vacancy rates, competitive lease rates, and other related factors. 2. Utilizing cluster data from earlier Task 1, RSG will determine the business sectors most likely to be attracted to Santa Ana in particular, and research the types of infrastructure these businesses require, e.g. access to fiber networks, freeways, airports, educated workforce, etc. 3. RSG will engage City staff in a working group discussion related to existing land use controls that either foster or inhibit the types of growth or change that could occur in the business community with the right encouragement. Infrastructure needs will be included in this discussion. Based on this conversation, RSG will draft land use policy options that will benefit the business community for City consideration as the General Plan update process unfolds. Task 4b: Implement Strong Customer Relations Between the City and the Business Community Including Business Outreach 1. The great thing about City interactions with the business community is that they are entirely within the City's control to manage and modify as needed. And while good customer relations will always be critical to a successful economic development strategy, we believe a part of this EDSP will be about identifying the target business audiences the City can focus on currently and in the near future in order to be most effective. 2. To achieve insight into customer relationships, RSG recommends convening of a limited number of business owners and developers that have recent interactions with the City to share their experiences. As a result of these two tasks, we can make recommendations on best practices for staff /business interactions that are grounded in job growth and retention priorities. Task 4c; Continued Concentration on DTSA as a Focal point of Interest for Regional Attractions and Activities, Dining and Nightlife, Urban Living, Jobs, and Connectivity, Including Business Outreach 1. As a ten -year member of the DTSA community, we believe we can garner a number of unique perspectives on doing business in downtown that will help to frame further discussion on the evolution of the area — both as a magnet for entrepreneurs as well as a regional focal point. Our outreach efforts will focus on uncovering why businesses and residents are choosing DTSA, what's working well, and why any suggested improvements would benefit long -term and next - generation investors. 2. Working with City and community partners that put on events such as Cinco de Mayo Festival, the Patchwork India Arts and Crafts Festival, and First Saturdays, RSG will drill down into the social and economic successes had by large -scale events, and their impact on City services. 3. As a result, RSG will put forward a series of recommendations focused on continued viability and vigor of the downtown area. 25A -40 Task 5: Draft EDSP, with Background Data and Recommendations This task will be the culmination of RSG's efforts. The background data that has been collected during the due diligence period will be included to provide context to the EDSP, while key findings and recommendations will be brought forward for implementation. We expect this process will involve two rounds of staff comments and edits. We anticipate the EDSP will provide: 1. A streamiined and cohesive vision for Santa Ana's long -term economic viability that can be supported by elected officials, staff, and community members; 2. Actions that encourage job attraction and retention, foster entrepreneurialism, and work with market trends to best leverage city investment; 3. Prioritizatlon of programs or investment solutions to deficiencies, such as customer service or infrastructure, and Identification of potential funding mechanisms beyond the general fund where applicable; 4. Land use policy recommendations that will align the General Plan with economic development efforts; and 5. Measurements to track progress and enable course corrections as needed. 25A -41 S. SCHEDULE AND FEE FOR SERVICE Based on City input, we anticipate the EDSP process to take about 6 months to effectively complete, and an additional 2 -3 months to prepare the document for the City Council. Below is a schedule outlining the timing of expected workflow by task. Jobs /Housing Balance Assessment Evaluation of Existing Programs Shared Strategic Vision Draft and Final EDSP Staff Meetings, Presentations 25A -42 Our fee for service is defined below by task. Please note that as discussed earlier, the tasks do overlap in many instances, with each informing another, therefore the depiction below is our best estimate on a task basis. The total fee for the engagement, regardless of task breakdown, is $118,210. The City will only be charge for actual hours billed to this engagement, and actual data costs as applicable. Santa Ana ED$P Jobs / Housing Balance Assessment Commute Patterns Employment Trends Business License Data Clusters Housing Analysis Assessment of Conditions Stakeholder Outreach Initial SWOT Summary Evaluation of Existing Programs Meeting with Staff Wig Coordination Foreign Investment Draft Strategies and Rocommendattons Shared Strategic Vision Land Use Controls Review Customer Relationships OTSA Focus Draft and Final EDSP Staff Meetings, Presentations & Coordination 25A -43 HOURS BY CONSULTANT Principal! Associate Sr. Analyst Analyst Research Subtotal i Subtotal Director Assl 210 150 125 115 100 Hours I Costs 248 490 106 -282 394 844'x;$ 118,210 12 40 48 601 160 $ 20,040 1 14 4 16 f0 16I 2 8 20 1 16 16 16I 4 8 8 22 46 12 10 90 I $ 13,900 20 30 10 10 2 16 2 38 66 32 68 206 $ 28,660 8 16 16 4 8 12 12 2 20 30 20 24 24 20 20 26 56 16 36 134 $ 19,300 2 16 16 20 8 16 12 16 24 24 16 32 40 30 30 30 i 162 $ 22,920 20 30 10 16 16 92 I $ 13,390 25A -43 Current Hourly Billing Rates & Fee Schedule Principal / Director $ 210 Senior Associate $ 165 Associate $ 150 Senior Analyst $ 125 Analyst $115 Research Assistant $ 100 Technician $ 75 Clerical $ 60 Reimbursable Expenses Cost plus 10% RSG does not charge clients for travel or mileage (except direct costs related to field work /surveys), parking, standard telephone /fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shlpping /express mall costs and teleconferencing services. Any third party data required may also be charged to the client, typical examples include copies of the equalized assessment roll and Costar Market data. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies, Costs will be charged back at the actual expense plus 10 %. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon In advance. Invoices identify tasks completed to date, hours expended and the hourly rate. 25A -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: C CONDITIONAL USE PERMIT NO. 2014-64 TO ALLOW 24 -HOUR OPERATION AND VARIANCE NO. 2014-09 TO ALLOW A REDUCTION IN THE MINIMUM LOT SIZE FOR A NEW CONVENIENCE STORE AT 2016 WEST SEVENTEENTH STREET ANDREA MUNOZ, APPLICANT {STRATEGIC PLAN NO.3 24 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ►U1106 1A ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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. 2014 -54 as conditioned and Variance No. 2014 -09 as conditioned. PLANNING COMMISSION ACTION On January 12, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -54 as conditioned to allow 24 -hour operations and Variance No. 2014 -09 as conditioned to grant relief from the minimum lot size requirements by a vote of 7:0 for a 7- Eleven convenience store at 2016 West Seventeenth Street located in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Thrifty Oil Company is requesting approval of a conditional use permit to allow the construction of a new 2,400 square foot 7- Eleven convenience store with 24 -hour operations on a vacant parcel at 2016 West Seventeenth Street. In addition, the applicant is requesting approval of a variance from Section 41 -373 of the Santa Ana Municipal Code (SAMC) in order to allow a reduction in the minimum lot size of a commercial development. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 February 3, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, AIC Interim Executive Director Planning & Building Agency VC:rb MMAReports \C UP 14.54;VAR 14 -09.Th OftyStore.cc Exhibit: A. Planning Commission Staff Report 31A-2 IKEQUEST FOR PLANNING COMMISSION MEETING DATE: JANUARY 12, 2015 TITLE: PUBLIC HEARING — FILED BY ANDREA MUNOZ FOR CONDITIONAL USE PERMIT NO. 2014-54 TO ALLOW 24 -HOUR OPERATION AND VARIANCE NO. 2014-09 TO ALLOW A REDUCTION IN THE MINIMUM LOT SIZE FOR A NEW CONVENIENCE STORE AT 2016 WEST SEVENTEENTH STREET (STRATEGIC PLAN NO. 3, 2) Prepared by Verny Carvajal Interim ecutiv Director • 11 01 PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager 1. Adopt a resolution approving Conditional Use Permit No. 2014 -54 as conditioned. 2. Adopt a resolution approving Variance No. 2014 -09 as conditioned. DISCUSSION Request of Applicant Andrea Munoz, representing Thrifty Oil Company, is requesting approval of a conditional use permit to allow the construction of a new 2,400 square foot convenience store with 24 -hour operations on a vacant parcel at 2016 West Seventeenth Street. In addition, the applicant is requesting approval of a variance from Section 41 -373 of the Santa Ana Municipal Code (SAMC) in order to allow a reduction in the minimum lot size of a commercial development. Project Location and Site Description The site, located at 2016 West Seventeenth Street, is a .31 acre parcel of land located at the south east comer of Seventeenth and King Streets. The property contains a vacant 800 square foot service station building and 2,000 square foot fuel canopy for a previous service station use on the site. The property is surrounded by a mixture of multi - family residential and commercial automotive uses to the north and west; the United States Post Office to the south and two - family residential uses to the east (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 2 Protect Description The proposed project consists of the construction of a new one -story, 2,400 square foot retail convenience store with 24 -hour operations. The project involves the demolition of the previous nonconforming service station and associated fuel service equipment. A total of 12 parking spaces will be provided as part of the proposed project. The project will be constructed in a single phase with future tenant to be named. Hours of operation will be 24 hours a day, 7 days a week. No alcohol sales are proposed at this time. Due to the extended hours proposed, the applicant is requesting approval of a conditional use permit to operate between 12:00 midnight and 5:00 a.m. In addition, the existing site is considered nonconforming as the site does not meet the minimum lot size. Based on current code requirements for a project in the 01 (Community Commercial) zoning district, the applicant is requesting a variance from the minimum lot size requirement. The building will feature contemporary architecture and high quality finishes such as smooth stucco, natural flagstone veneer and decorative concrete cornice accents. The proposed parking lot will feature stamped colored concrete at project entries, a new trash enclosure, site lighting, loading area and new landscaped areas in compliance with city standards (Exhibits 4 through 7). Protect Backaround The existing service station building and fuel canopy have occupied the site since 1959. The property was initially developed by Douglas Oil Company and was transferred to its current owner, Thrifty Oil Company, in 1967. Various tenants have operated the service station until May 2012 when the property and associated structures became vacant and city business license activity ceased for the project site. Thrifty Oil Company continues to control the site and intends to abandon the fuel dispensing operation at this location. The site will transition into a neighborhood convenience store where the sale of groceries and other sundry items will become the primary use of the property. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land use district provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this retail market. The project site is consistent with this General Plan land use designation. 31A-4 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 3 The subject site is located in the Community Commercial (C1) zoning district. The C1 zone allows for retail and services uses by right and retail markets with 24 -hour operation subject to a conditional use permit. The proposed convenience store with 24 -hour operations is consistent with the uses permitted in the C1 zoning district. Project Analysis Conditional Use Permit 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed 24 -hour operation will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Approving an after -hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The CUP 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. By offering extended hours of operation, the tenant can better serve the community by providing added convenience and a one -stop shopping experience. 31A-5 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 4 The proposed 24 -hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is below- average in police - related incidents and is located within Reporting District No. 244, which ranks 34th out of 102 citywide districts in total number of police - related incidents. The addition of after -hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions not based on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24 -hour operation for the retail 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. Further, this will allow the property owner to remove an obsolete building and construct a modern structure that can remain competitive with similar uses in the area. The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24 -hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24 -hour operations 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 24- hour operations 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 crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses, The project's proximity to multi - family residential properties to the east is mitigated by an existing six- foot-high block wall and the absence of parking at the rear of the store that would abut neighboring residential uses. 31A-6 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 5 Police Department Analvsis (24 Hour Operation The Police Department has reviewed the proposed request for after -hours operation as part of the proposed convenience store. It has been determined that the project's location at 2016 West Seventeenth Street is in an area with below- average police incidents, ranking 34th out of 102 citywide districts in total number of police- related incidents. Concerns from the site's proximity to multi - family residential developments and with nuisances that could result from after -hours operations have been mitigated through the conditions of approval and the development standards of the site, including extending existing block walls adjacent to sensitive uses, installation of security cameras, and the absence of parking at the rear of the store that would abut neighboring residences. Due to the presence of these mitigating factors, the Police Department recommends approval of the conditional use permit. Variance Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Thrifty Oil Company is requesting approval of a variance to allow a reduction in required lot size requirements for an existing nonconforming lot in the C1 (Community Commercial) zoning district. The existing site contains a total of 13,556 square feet and maintains approximately 290 feet of street frontage facing Seventeenth and King Streets. Although the site complies with the minimum frontage requirements in the C1 district, the lot is nonconforming due to not meeting the minimum lot size standard. Section 41 -683 of the Santa Ana Municipal Code requires all nonconforming buildings or uses which are vacant, unused or unoccupied for a period of 12 consecutive months to comply with current code. 31A-7 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 6 Section 41 -373 of the Santa Ana Municipal Code requires each lot which is used for retail purposes in the C1 district to contain at least 15,000 square feet of area and 120 feet of street frontage. Based on these requirements and the proposal to demolish the existing site, all subsequent uses must comply with current code requirements. In order to establish a new use on the property, the ,applicant is requesting approval for a site that is approximately 1,400 square feet short of satisfying the minimum code requirement. While the subject property was once over this minimum lot size, the City acquired partial flakes for street widening from the previous owner along Seventeenth Street and King Street in 1959, reducing the site to its present area of 13,556 square feet. A variance to waive the minimum lot size requirement can generally be granted when the site complies with all applicable development standards, there are no negative impacts to the community and it allows the applicant an economically viable use of their property. The site fully complies with all development standards in the Community Commercial (Cl) zoning district with the exception of lot size. The subject property contains the zoning in place to be developed as a commercial retail store. Special circumstances exist with respect to lot size and have created a situation where the property has remained vacant and underutilized since 2012. Staff recommends approval of the variance from the minimum lot size based on the following facts and findings: The project site has a special circumstance related to its size and surroundings. The size of the subject parcel creates a special circumstance applicable to the property, as the applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on the north and west and a post office to the south surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase adjacent parcel of land to the east. This parcel of land is presently developed with a two- family residential use and is not for sale. Further, the site once complied with the minimum lot size requirement of 15,000 square feet but was impacted by the widening of Seventeenth and King Streets to construct the existing service station in 1959. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a commercially zoned corner lot to the greatest extent possible. The variance will allow the applicant the ability to construct and operate a retail store which is a permitted use on the site to allow for its continued use and enjoyment. The granting of the variance will not be detrimental to the public or surrounding properties. The project fully complies with required building setback, parking and landscape standards for retail uses in the Community Commercial (Cl) zone and will not result in parking or negative impacts. Additionally, conditions have been placed on the permit to ensure that the site remain in compliance with all other development standards applicable to the property. 31A-8 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 7 • Finally, the project will not adversely affect the General Plan as the proposed retail use is consistent with Goals 1 and 4 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed convenience store that promote a balance of land uses to address basic community needs and which protect and enhance development sites which are unique community assets that enhance the quality of life. In addition, the land use designation of General Commercial (GC) allows the proposed convenience store as a use permitted by right. Public Notification The project is located within the boundaries of the Artesia Pillar and Riverview Neighborhood Associations. Staff made contact with various neighborhood leaders as part of the Artesia Pillar and Riverview Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. An issue raised by the Artesia Pillar neighborhood president was the potential impact of a 24 -hour use adjacent to nearby residential uses. Staff explained the CUP and proposed conditions of approval. The project site was also 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 and tenants within 500 feet of the project site. At the time of this printing, one e-mail and three phone calls were received from members of the public related to the public notice. No additional areas of concern were identified. CEQA Analysis This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. A Notice of Exemption for Categorical Exemption Environmental Review No. 2014 -3 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-9 Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 6 Conclusion The demolition of a previously vacant and underutilized site and proposed construction of a retail convenience store will continue to provide needed services to current and future Santa Ana residents and visitors along the Seventeenth Street Corridor. To address any potential concerns related to the proposal, staff has included conditions of approval that would serve to address these issues. Staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -54 and Variance No. 2014 -09 as conditioned. Verny Carvajal Acting Planning Manager VC:jm VC1M AReportsW;UP 14- 54;VAR14.00.Thi1fty5tore. pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibits 4 — Site Plan Exhibits 5 — Floor Plan Exhibits 6 — Elevations Exhibits 7 — Landscape Plan 31A -10 C5 R1 CITY OF - RI R7 O c R7 S R1 GARDEN GROVE RRRID - iI R1 . y RI O nI r �ox � R1 � 27 li Rl P r Po � O � O R1 n Al P yI R4 11flPPRDII p kL cl a[I v 41'u, Nx ci 1P CI C7 CIB F.1 EL A3 50- CZ p iu.e Rz Al R7 P 1JJ SRi pV Rx 3 f1x ,21 RZ RI II A R1 � m. Ri^ � a m' fl3 RI u�fs RI r q2 - RI nRI �w R7 Ri RI RI I ... 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NMMLiiIAUmuEajm DISR?CI MO MILITAWOPEEMONS M SIEllli14NAPARTUDDS C2 CWEFALWMAAEPOAL 0 OPEN DACE ACE REEIDENT1ALMIATE C3 C047MLBWNES P POF6S50NAL ED �QQ7FlCD'�4H.OFMEDiT CIA MITFI EEUEINFSSARRSTIMAGE FCD PANNEDCLIMMUNIIYDE ORAENT 31 S'819CMAN C4 PLANNED SiOPPINGC73RER RED PLANNED RBDENTAL DPFflLWRN m APo93ALCWMMAL CUP 21714 -54 /VAR 2014 -9 THRIFTY CONVENIENCE STORE 2016 WEST SEVENTEENTH STREET _ SDDP�T 1 "= {DDD FEET P L A N N I N G A N D B U I L 0 1 N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-1 1 a 4' Q /h GAS 17TH MULTI - FAMILY RESIDENCE MULTI- FAMILY RESIDENCE SINGLE -F M LY RES DE C MULTI - FAMILY > RESIDENCE =w 18TH STREET W l7 3 STREET ANOMI POST OFFICE SINGLE RESIDENCE L7 � VACANT FI MILY � S, F. R. RES DENCE 15TH F- w —E MMERCI H 0 v 5 N G L E- F A IA I L Y SIN LE - AMILY R E S I D E E SID CE CUP 2014 -54 /VAR 2014 -9 THRIFTY CONVENIENCE STORE 2016 WEST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 °w x �v LLw `¢z W V SIN LE- ILY Uw J R :NCE �� l7 z" z� z w n `^ STREET 5 N G L E- F A IA I L Y SIN LE - AMILY R E S I D E E SID CE CUP 2014 -54 /VAR 2014 -9 THRIFTY CONVENIENCE STORE 2016 WEST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -12 CUP2014 -54 & VA2014 -9 THRIFTY CONVENIENCE STORE 2016 WEST SEVENTEENTH STREET EXHIBIT 3 31A -13 i s�'o ^. our PI a 3 3 m 90G9fiHo'euV e1ueS laa,7S 41L6 'M 9toz a I B M d HIS Tee � ssESS �-- &seas sbs as see spa 1 j •• '+.,, �. B 5 'ai pU'pPE1PG p ©N]P0GLP0PC§ ®aJ 4d © ® ®u'! ®p ®IGIouni �o e $$ 6 BBg g� 6 ,t -I k a s Q m s4a�$ N g EXHIBIT 4 31A -14 z m W, � A FU.. MON 9 001 it 90LZ6 HO 'eUV elugS 1--'U3 BUN 'N 0 lealls LITZ T *m 9602 8, 0 zno� Fil Al FA �e � I -' £l; aw � Ali 110 :0 x J_ 4- m ii Tio - i C) 21 Dug R Ix 3 WN 90LZ6 VC) 'UUV e4uRS 100JIS OMN 'N 188AS 41L 'M 9 OZ Pill z Wo 6 Nb z W, 4 z 0 > 0 7 R ol OT� t EXHIBIT 6 31A-16 9014ZG VO 'euv elueS r J --AS OMAN .. .. � ;eai7S 43G6 'M 9602 e s° gg 0 ° ars ra el BID all Z a y ° ggggggi l a i p z \1 ol 31AII T 7 ROH - 01/12/15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -54 AS CONDITIONED TO ALLOW 24 -HOUR OPERATION AND VARIANCE NO. 2014 -09 AS CONDITIONED TO ALLOW A REDUCTION IN MINIMUM LOT SIZE REQUIREMENTS FOR THE PROPERTY LOCATED AT 2016 WEST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Conditional Use Permit No. 2014 -54 to allow 24 -hour operation and Variance No. 2014 -09 to allow a reduction in minimum lot size requirements for the property located at 2016 West Seventeenth Street. B. Santa Ana Municipal Code Section 41- 365.5(h) requires a conditional use permit for retail markets having less than 20,000 square feet of floor area that are open at any time between the hours of 12:00 midnight and 5:00 a.m. in the C1 district. Applicant is proposing a 24 -hour retail convenience store operation. C. Santa Ana Municipal Code Section 41 -373 requires each lot that is used for retail or service purposes in the C1 district to have at least 15,000 square feet of area. Applicant is requesting a variance from this code requirement because the existing site only contains a total area of 13,556 square feet. D. On January 12, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -54 and Variance No. 2014- 09. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -54 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No. 2015 -01 Page 1 of 10 31A -18 The proposed 24 -hour operation will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Approving an after -hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The CUP 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. By offering extended hours of operation, the tenant can better serve the community by providing added convenience and a one -stop shopping experience. 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 24 -hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is below- average in police - related incidents and is located within Reporting District No. 244, which ranks 34th out of 102 citywide districts in total number of police - related incidents. The addition of after -hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions not based on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24 -hour operation for the retail 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. Further, this will allow the property owner to remove an obsolete building and construct Resolution No. 2015 -01 Page 2 of 10 31A -19 a modern structure that can remain competitive with similar uses in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24 -hour basis, Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24 -hour operations 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 24 -hour operations 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 crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to multi - family residential properties to the east is mitigated by an existing six - foot -high block wall and the absence of parking at the rear of the store that would abut neighboring residential uses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Variance pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Variance No. 2014 -09 to allow a reduction in minimum lot size requirements: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size and surroundings. The size of the subject parcel creates a special circumstance applicable to the property, as the Resolution No. 2015 -01 Page 3 of 10 31A-20 applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on the north and west and a post office to the south surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase adjacent parcel of land to the east. This parcel of land is presently developed with a two - family residential use and is not for sale. Further, the site once complied with the minimum lot size requirement of 15,000 square feet but was impacted by the widening of Seventeenth and King Streets to construct the existing service station in 1959. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a commercially zoned corner lot to the greatest extent possible. The variance will allow the applicant the ability to construct and operate a retail store which is a permitted use on the site to allow for its continued use and enjoyment. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The project fully complies with required building setback, parking and landscape standards for retail uses in the Community Commercial (C1) zone and will not result in parking or negative impacts. Additionally, conditions have been placed on the permit to ensure that the site remain in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed retail use is consistent with Goals 1 and 4 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed convenience store that promote a balance of land uses to address basic community needs and which protect and enhance development sites which are unique community assets that enhance the quality of life. In addition, the land use designation of General Commercial (GC) allows for the proposed convenience store as a use permitted by right. Resolution No. 2015 -01 Page 4 of 10 31A-21 G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2014 -3 will be filed for this project. H. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -54 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Variance No. 2014 -09 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of January 2015 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners Commissioners: Commissioners: Commissioners: Alderete, Bacerra, Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman 31A-22 Bauer, Gartner, Mill, Nalle, Resolution No. 2015 -01 Page 5 of 10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-23 Resolution No. 2015 -01 Page 6 of 10 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -54 Conditional Use Permit No. 2014 -54 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. A. Planning Division 1. All proposed site improvements, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 2014 -03. 2. All perimeter fencing adjacent to abutting uses to the east and south shall be a minimum of 6 feet in height and constructed of decorative block or other material as approved by the Planning Division. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The owner shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. 5. Any signs will be subject to separate sign permit review and approval. B. Police Department 1. The applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Resolution No. 2015 -01 Page 7 of 10 31A-24 Conditional Use Permit No. 2014 -54 January 12, 2015 Page 2 of 3 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed - access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin - operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The Conditional Use Permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering /Trespass" signs /placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises 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. Resolution No. 2015 -01 Page 8 of 10 31A-25 Conditional Use Permit No. 2014 -54 January 12, 2015 Page 3 of 3 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. Cameras are to cover the southern and western parking lots. 14. Clearly distinguishable height markers shall be installed on the inside door jamb 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 five feet and ending at six feet six inches. Resolution No. 2015 -01 Page 9 of 10 31A-26 EXHIBIT B Conditions for Approval of Variance No. 2014 -09 Should the Planning Commission approve Variance No. 2014 -09, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2014 -03 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The property owner shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. Resolution No. 2015 -01 Page 10 of 10 31A-27 31A-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 3, 2015 TITLE: VESTING TENTATIVE TRACT MAP NO. 2014- 01 TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AND CONDOMINIUMS AT 1206 NORTH HARBOR BOULEVARD - TODD COTTLE, APPLICANT {STRATEGIC PLAN NOS. 3,2; 3,6; 5, 3; 6,4) �. CsSb.?2es CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-3579imWe C] As Recommended ❑ As Amended ® Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Vesting Tentative Tract Map No. 2014 -01 as conditioned. PLANNING COMMISSION ACTION On January 12, 2015, the Planning Commission adopted a resolution approving Vesting Tentative Tract Map No. 2014 -01 as conditioned by a vote of 7:0 to allow a subdivision for individual lots and condominiums for a mixed -use commercial and residential project consisting of 15 live /work units and 95 single - family detached homes at 1206 North Harbor Boulevard in the Harbor Mixed Use Transit Corridor (SP2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant proposes a subdivision in conjunction with a 110 -unit mixed -use development consisting of 15 live /work units and 95 single - family residences. The live /work units will be located in three separate buildings of similar size and massing that front Harbor Boulevard, with five units per building. The 95 single- family residences will be constructed behind the live /work buildings, buffered from Harbor Boulevard. All units are proposed for individual sale and ownership. The vesting tentative tract map is proposed to create three parcels for condominium purposes to allow the sale of 15 individual live /work units on each parcel, 26 lettered lots for common areas and private streets, and 95 single - family residential lots. The project will also include a plaza on Harbor Boulevard for public use and on -site amenities in the form of paseos, courtyards, a pool, and other recreation areas. In addition to on -site improvements, existing infrastructure in the area will be upgraded to service the project. These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and new street lighting, all per City standards. Full sized site plans are available for public viewing in the Clerk of the Council Office. 32A -1 Vesting Tentative Tract Map No. 2014 -01 February 3, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action Vince Fregos AICP Interim ExecutiOkqirpdtor Planning & Building Agency AP: rb ap\NNReports \Staff Reports for CCWTTM14 -01 C &C North Harbor Devt,cc Exhibit A. Planning Commission Staff Report 32A -2 ANEQUEST FOR PLANNING COMMISSION MEETING DATE: JANUARY 12, 2015 TITLE; PUBLIC BEARING — FILED BY TODD COTTLE FOR VESTING TENTATIVE TRACT MAP NO. 2014-01 TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AND CONDOMINIUMS AT 1206 NORTH HARBOR BOULEVARD (STRATEGIC PLAN NOS, 3, 2; 3, 5; 5, 3; 5, 4) Prepared by . Ali Pezeshkpour p f Interim Ex utive Di ector RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Vesting Tentative Tract Map No. 2014 -01 as conditioned. Request of the Applicant Todd Cottle, representing C &C North Harbor, LLC, is requesting approval of a vesting tentative tract map to subdivide four existing parcels into 95 individual lots for single - family residences, three condominium lots each containing five live /work units, and 26 lettered lots for common areas and private streets. Applications for subdivisions over four parcels require approval of a tentative tract map by the Planning Commission pursuant to Section 34 -127 of the Santa Ana Municipal Code (SAMC). Prolect Location and Site Description The project site consists of four parcels of land totaling 7.60 acres west of the intersection of Harbor Boulevard and Washington Avenue. The project site is flat and largely square, with a narrow panhandle extending south from the southwest corner of the site. The lots are currently underdeveloped with a mixture of commercial uses, including automobile sales, retail and service uses. Structures on the site include existing single -story commercial buildings and a single - family residential unit. Land uses surrounding the site include multiple - family dwellings to the north, single - family residences to the west, and commercial uses to the south and to the east across Harbor Boulevard (Exhibits 1, 2 and 3). The project is located within the Corridor district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is comprised of nearly two miles of properties along Harbor Boulevard in an area generally bounded by Westminster Avenue to the north and the City limits near Lilac Avenue to the south. The 305 -acre specific plan area is designated in the General Plan as General Commercial (GC) and is currently developed with a mixture of land uses, including residential, commercial, industrial, open space, public and vacant properties. EXHIBIT A 32A -3 VTTM No. 2014 -01 January 12, 2015 Page 2 Project Description Subdivision Summary -- The applicant proposes a subdivision in conjunction with a 110 -unit mixed - use development consisting of 15 live /work units and 95 single - family residences. The live /work units will be located in three separate buildings of similar size and massing that front Harbor Boulevard, with five units per building. The 95 single - family residences will be constructed behind the live /work buildings, buffered from Harbor Boulevard. All units are proposed for individual sale and ownership. A vesting tract map is proposed for the project that will allow the sale of the 95 single - family units as individual lots and the 15 live /work units as condominiums. The vesting tentative tract map is proposed to create three parcels for condominium purposes to allow the sale of 15 individual live /work units on each parcel, 26 lettered lots for common areas and private streets, and 95 single - family residential lots. Existing infrastructure in the area will be upgraded to service the project. 'These upgrades include construction of new driveways, sidewalks, curbs and gutters; planting of new trees in the landscape parkway; and new street lighting, all per City standards. Development Summary — A total of 15 live /work units, each 1,962 square feet in size, are proposed. Each live /work unit will contain 305 square feet of commercial space and 1,657 square feet of residential area, as well as two -car garages at the rear of the units. Each unit will be designed to contain a dedicated shopkeeper space with separate entrances to the residential and commercial portions to ensure privacy for the occupants and patrons of the commercial spaces. The remainder of the project site will be developed with 95 single- family residences with two product types: 24 two -story units and 71 three -story units. Each residential structure will take vehicular access from private alleys and will contain two -car garages. The units will face common area courtyards and paseos. The 24 two -story units will be developed in the rear of the project site to provide a transition in scale to the existing single- family residential neighborhood to the west of the project site. The units will contain an average of 1,980 square feet on lot sizes consisting of a minimum of 1,775 square feet. The 71 three -story units will be developed in the center of the project site and will contain an average of 1,850 square feet on lot sizes consisting of a minimum of 1,450 square feet. A mixture of architectural styles is proposed for the single - family dwellings, with variations in color and materials among each style. The live /work buildings facing Harbor Boulevard will be developed with contemporary architectural styles. The project will provide 220 parking spaces inside garages, and an additional 60 spaces in surface parking lots and on private streets, for a total of 280 on -site parking spaces. The total amount of proposed parking exceeds the minimum 189 parking spaces required by the Corridor land use district of the Harbor Plan. Guests and visitors to both the commercial and residential portions of the project will be able to park in a surface parking area behind the live /work units and in parallel parking spaces 32A -4 VTTM No. 2014 -01 January 12, 2015 Page 3 on the private streets, respectively. Access to the project will be provided from a primary entrance on Harbor Boulevard directly across Washington Avenue, and from a secondary entrance on the southern portion of the project site. The site is configured such that the commercial parking areas will be distinct from the residential portion, which will be behind a landscaped buffer with gated entries. A variety of open spaces are planned for the development. Exterior amenities include a public plaza with outdoor seating and landscaped areas that will be located on Harbor Boulevard. The plaza area will count towards satisfying required on -site open space and will provide public park space in an area of the city that is park deficient. In addition, open spaces in the single- family dwelling portion of the site will be provided in a recreation area, courtyards and paseos. The primary recreation area will feature a pool, spa, restrooms building, playground and barbecue areas. In addition, courtyards and paseos will provide additional open space areas and will be programmed with amenities for passive recreation (Exhibits 4 and 5). Incluslonary Housing — The proposed project is subject to the requirements of the Housing Opportunity Ordinance (HOO), which contains inclusionary unit requirements for projects that consist of the construction of five or more dwelling units (SAMC Sections 41 -1900 et al.). The applicant is requesting approval to subdivide the property to allow the sale of individual lots for the single - family residences at market rates while also subdividing the live /work components to allow the sale of the units as condominiums at market rates. In accordance with the HOO, the applicant has provided substantial evidence that supports a finding that the cost of providing inclusionary units on -site would substantially exceed the amount of the applicable in -lieu fee (SAMC Section. 41- 1904). As a result, the applicant intends to pay an in -lieu fee of approximately $1,475,000 to satisfy the City's inclusionary housing requirements, which is subject to adjustment at the time of Building permit issuance. Project Backaround In October 2014, the City Council adopted the Harbor Mixed Use Transit Corridor Specific Plan, which replaced the previous North Harbor Specific Plan by allowing for a greater amount of residential, commercial, and mixed -use projects in the Specific Plan area. In anticipation of the Specific Plan's adoption, the applicant submitted plans for a mixed -use community on the project site. After working with staff to comply with the provisions of the Harbor Specific Plan, the applicant moved forward with the current proposal, which provides commercial uses and contemporary architecture at the project's frontage on Harbor Boulevard while maintaining a traditional single- family neighborhood character in the rear to assist with blending in with current development patterns in the project vicinity. General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN). Urban Neighborhood land -use districts allow a mix of residential uses and housing types, such as mid to low -rise multiple family dwellings, townhouses and single family dwellings, with some opportunities for live -work, neighborhood serving retail and service, public spaces and uses, and other amenities. The project site is consistent with this General Plan land use designation. 32A -5 VTTM No. 2014 -01 January 12, 2015 Page 4 The project site is located within the Corridor land use district of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). The Specific Plan allows for mixed -use commercial and residential developments, making the subject application consistent with the zoning designation. Project Analysis Vesting tentative tract map requests are governed by Section 34 -119 through 34 -318 of the SAMC. Vesting tentative tract map requests may be granted when it can be shown that the following can be established: • The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. • The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. • The project site is physically suitable for the type and density of the proposed project. • The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The design or improvements of the proposed project will not cause serious public health problems. • The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. If these findings can be made, then it is appropriate to grant the vesting tentative tract map. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Based on a review of the tentative map by the Planning Division and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code, as well as the provisions of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). Further, approval of the map will be consistent with the goals and policies identified in the City's General Plan. 32A -6 VTTM No. 2014 -01 January 12, 2015 Page 5 • The proposed subdivision, Vesting Tentative Tract Map No. 2014 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1,6 (Support 'live /work" opportunities within specifically defined areas); and Policy 1.7 (Support open space in underserved areas). • The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Vesting Tentative Tract Map No. 2014 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. • There are no physical constraints on the site to preclude development. The proposed site consists of approximately 7.60 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the mixed -use commercial and residential development as proposed. Access to the site will occur from two points on Harbor Boulevard. • The proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. • The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long -term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. • The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property. 32A -7 VTTM No. 2014 -01 January 12, 2015 Page 6 Public Notification On November 11, 2014, the applicant held a community meeting in accordance with the provisions of the Santa Ana Sunshine Ordinance (Ordinance No, NS- 2838). Approximately 15 local residents and property owners attended the meeting, as well as the project developers, architects and City staff. Attendees asked questions to address topics such as parking, zoning, site attributes, construction activities and traffic. Attendees also expressed support for the sale of the units to individual property owners. Following the meeting, the applicant provided an affidavit to City staff containing meeting information, minutes, and a statement that the meeting was held in compliance with the Sunshine Ordinance's requirements. The project is located within the boundaries of the Riverview West Neighborhood Association. Staff contacted the president of the Riverview West Association as well as the nearby Santa Anita Neighborhood Association to ensure that they were notified of this project and to identify any areas of concern. Neither president identified any concerns with the proposed project. The project site was also 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 and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts that would trigger the requirement for additional environmental review. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). 32A -8 VTTM No. 2014 -01 January 12, 2015 Page 7 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Vesting Tentative Tract Map No. 2014 -01 as conditioned. ..✓ I , W- Ali Pezeshkpour Assistant Planner I AP;jm ap\WReporls\Staff Reports for PCNTTMI4 -01 C &C North Harbor Cevt.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Building Elevations (3 pages) Exhibit 6 — Vesting Tentative Tract Map (3 pages) 32A -9 SEVENTEENTH ST. 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I G, -1. 5,3", -,V I TP to vi A', �jL� _q 27- ; 7 L-0 < 9 . . 111� � 6 g—A Ep E[1 Uk l I A LuffiB -T � 1A ITS N f LU 0107 D- 2r:?, gull LU Z7 N 107 lr 11 xa-,:�f l, 410 wN all IF . . .. ...... 7--7 Z107 R � -Fo I P Z CL Q � xK � w n + S �L.Un V 4 Z \P J �Y Z n• ��009900aoopo�oo�oo 1 9 o> .it n � � i L I rL X3107 r i �'a a•# Oa '. rte, p. £� J` ter€ varcn pp3�� 000000000000 o�0009900000000000`00 00000000000000QOOOOOOOOOO�oo9o0000000 I , Z Page 3 of 3 Jill #v i a�t7f� 1 k 11 1 1p 11 ��8idse�ae4�5ak ��009900aoopo�oo�oo 000�09900000000a90009 000000000900000000 000000000000 o�0009900000000000`00 00000000000000QOOOOOOOOOO�oo9o0000000 0000000000000 00 0 00000000 0 00000000000��000�000000000090�lo o 00 8 °1161og0oa8�6806 o�0000900000 000 0000000000000000000000 10000B8�9�� ■ �a�FB�K @8069�99QFF�M11w0OW8��9�990 0 0� 008000 080 I 0000000000000000090008 0�000000009� 00000000/ Im x NOW @@000 000000 0 0 09000909090009900900000000000 0��� 000990000909099000000 0090000 D 0 0 800 00@ 0000000000 0 00 000909 90 � 0 000 9000 0�09a0900000�0 90090909➢�90�0�I99099 019,100 Page 3 of 3 Jill #v i a�t7f� 1 k 11 1 1p 11 ��8idse�ae4�5ak ROH - 01/12/15 RESOLUTION NO. 2015 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2014 -01 AS CONDITIONED TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AND CONDOMINIUMS FOR THE PROPERTY LOCATED AT 1206 NORTH HARBOR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Vesting Tentative Tract Map No. 2014- 01 to allow subdivision of four existing parcels into 95 individual lots for single - family residences, three condominium lots each containing five live /work units, and 26 lettered lots for common areas and private streets for the property located at 1206 North Harbor Boulevard. B. Santa Ana Municipal Code Section 34 -127 requires Planning Commission approval of a tentative tract map for subdivisions. C. On January 12, 2015, the Planning Commission held a duly noticed public hearing on Vesting Tentative Tract Map No. 2014 -01. D. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2014 -01, is consistent with the Urban Neighborhood land use designation and density prescribed and all other elements of the General Plan. Specifically, the proposed subdivision is consistent with several policies within the Land Use Element of the General Plan, including: Policy 1.5 (Maintain and foster a variety of residential land uses in the City); Policy 1.6 (Support `live /work" opportunities within specifically defined areas); and Policy 1.7 (Support open space in underserved areas). Resolution No. 2015 -02 Page 1 of 7 32A -20 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the minimum condominium requirements, as well as meets the letter and intent of the State of California Subdivision Map Act Provisions. Vesting Tentative Tract Map No. 2014 -01 is in keeping with the site plan review for the project as well as Chapters 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the recordation of the final map. 3. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site to preclude development. The proposed site consists of approximately 7.60 acres of land within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), which is physically suitable for the mixed -use commercial and residential development as proposed. Access to the site will occur from two points on Harbor Boulevard. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. A program -level Environmental Impact Report (EIR) was prepared pursuant to the California Environment Quality Act for the new Harbor Mixed Use Transit Corridor Specific Plan that anticipated up to 2,000 residential units being built in the Specific Plan area. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short -term and long- term unavoidable adverse impacts identified in Environmental Impact Report No. 2014 -01 were addressed Resolution No. 2015 -02 Page 2 of 7 32A -21 by the adoption of a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in Environmental Impact Report No. 2014 -01 and conditions of approval for the vesting map. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no public access easement located within this property. E. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2014 -01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2014 -01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts that would trigger the requirement for additional environmental review. F. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Vesting Tentative Tract Map No. 2014 -01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -02 Page 3 of 7 32A -22 ADOPTED this 12th day of January 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2015. Date: Planning Commission Secretary City of Santa Ana 32A -23 Resolution No. 2015 -02 Page 4 of 7 EXHIBIT A Conditions for Approval of Vesting Tentative Tract Map No. 2014 -01 Vesting Tentative Tract Map No. 2014 -01 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 vesting tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the vesting tentative tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division The project shall comply with all conditions, standards, requirements, plans, and elevations approved by the Development Review Committee (DRC) for the development project (DP No. 2014 -17). 2. Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, compliance with the City's trespassing standards, means for securing any publicly - accessible open spaces, and a restriction on truck delivery hours to non -peak periods. 3. The final landscape plan shall depict installation of a perimeter block wall on the project site except in front yard setback areas. The landscape plan shall also contain perimeter block wall construction details, finishes, decorative elements, and accommodation for landscaping to deter graffiti. 4. All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 5. All site activities associated with grading and construction shall be screened by temporary construction fencing. Such fencing shall be secured and contain durable green mesh. 6. Graffiti on any portion of the project site before, during, and after construction shall be removed within 24 hours of first appearance. Resolution No. 2015 -02 Page 5 of 7 32A -24 JANUARY 12, 2015 PAGE 2 OF 3 7. Should the project be built in phases, any phase shall at all times comply with the standards of the Harbor Mixed Use Transit Corridor Specific Plan. 8. The final map must be approved and recorded prior to the sale of the first unit. 9. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 10. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 11. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 12. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. 13. Pursuant to Section 66474.9(b) of the Subdivision Map Act, the applicant shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, any approval of the City concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. B. Police Department 1. Prior to submittal into Building plan check, a security plan must be submitted to the Police Department for review and approval. The plan will be required to outline hours of operation for the surface parking areas (secured /open) as well as the proposed public plaza along Harbor Boulevard. 2. Building and unit addressing must comply with the City's emergency service standards. 3. Prior to submittal into Building plan check, the applicant shall provide a photometric study to the Police Department showing compliance with the 1 footcandle requirement for the project site. Resolution No. 2015 -02 Page 6 of 7 32A -25 JANUARY 12, 2015 PAGE 3 OF 3 The final design, including safety enhancements of the public plaza along Harbor Boulevard, shall be coordinated among the Planning Division, Police Department, and the applicant, and shall at a minimum contain: A means of securing the site and restricting the general public's access between sunset and sunrise; On -site management's means of enforcing the City's No Trespassing Policy; and C. Provisions for the on -site management to maintain an active file with the Police Department's No Trespassing Program. Resolution No. 2015 -02 Page 7 of 7 32A -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: RESOLUTION TO AMEND CLASSIFICATION AND COMPENSATION PLANS TO ADD TWO JOB TITLES, CHANGE ONE JOB TITLE AND CHANGE UNIT REPRESENTATION FOR ONE JOB TITLE {STRATEGIC PLAN NO. 7} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that reestablishes the Basic Classification and Compensation Plan for all classifications of employment excluding unrepresented Executive Management and rescinds Resolutions 82 -110 and 96 -095. DISCUSSION In 1982, the City Council adopted Resolution 82 -110. This resolution re- established the job classification, compensation and benefit plan for all classifications of employment other than Executive Management and Middle Management, In 1996, the City Council adopted Resolution 96 -095, which established a classification and compensation plan for the new category of employment designated Administrative Management. These resolutions have been amended numerous times by the City Council over the years, adding and updating certain classification, compensation and benefit provisions. As a result, there are many amendments to these resolutions, each addressing certain provisions relevant to one or more of the subject employment groups. The proposed resolution re- establishes the Basic Classification and Compensation Plan for these groups — all represented full -time employees and all represented and non - represented part -time employees - under a single resolution. It deletes obsolete language contained in the original resolutions and presents the Classification and Compensation Plan in simplified form, with exhibits delineating classification titles and compensation levels. The specific employment provisions relevant to each group are by Agreement, and are outlined in the Memorandum of Understanding established between the City and each bargaining unit. 55A -1 Amendment to Classification and Compensation Plan January 20, 2015 Page 2 The proposed resolution establishes two new classification titles, Treasury Services Specialist and Park Ambassador. Treasury Services Specialist will assist in the Finance and Management Services Agency's money management process, including monitoring the investment market and the City's cash flow. Park Ambassador will include a number of specialized duties that promote the positive use of City parks through increased customer service and problem prevention. It is also proposed that the title of Treasury Manager in the Finance and Management Services Agency be changed to Treasury and Customer Service Manager to accurately reflect the full scope of duties and responsibilities assigned to the position. This title change does not involve a change in compensation. Finally, the proposed resolution transfers the Administrative Management classification of Police Systems Manager from the Santa Ana Management Association (SAMA) bargaining unit to the Police Management Association (PMA) bargaining unit in consideration of the closer community of interest with police management positions. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective N. Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals. FISCAL IMPACT There is no fiscal impact associated with these actions, Edward S. Raya Executive Director Personnel Services Agency 1 -I : � 'r Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 55A -2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING, REESTABLISHING AND DELINEATING THE BASIC CLASSIFICATION AND COMPENSATION PLAN FOR ALL FULL TIME AND PART TIME CLASSIFICATIONS OF EMPLOYMENT, EXCEPTING EXECUTIVE MANAGEMENT, AND RESCINDING RESOLUTION NOS. 82 -110 AND 96 -095. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110, revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). D. The City Council has amended Resolution Nos. 82 -110 and 96 -095 on numerous occasions since their adoption. E. In an effort to delete obsolete language, clarify, simplify and delineate the Basic Classification and Compensation Plan for all represented full -time employees, and all represented and non - represented part-time employees, the City Attorney recommends reestablishing the Basic Classification and Compensation Plan through this Resolution, and rescinding Resolution Nos. 82 -110 and 96 -095. The City of Santa Ana's Position classification and Pay Plan for all full - time and part-time classifications of employment, is attached hereto as Exhibits "A" through "H ", and is made a part hereof, excepting Executive Management classifications which are maintained through separate Resolution. 55A -3 G. In order to provide efficient and effective services in the Treasury and Customer Services Division, the Executive Director of Finance and Management Services proposes adding the full -time classification title of Treasury Services Specialist (see Exhibit E), and changing the existing classification title of Treasury Manager (MM) to Treasury and Customer Services Manager (MM) (see Exhibit D) in the Position Classification and Pay Plan. H. In order to provide enhanced communication and services for the community, white focusing on preventing problems from occurring and promoting positive use of our parks system, the Executive Director of Parks, Recreation and the Community Services Agency proposes adding the part -time classification title of Park Ambassador (see Exhibit G) in the Position Classification and Pay Plan. For collective bargaining purposes, the Executive Director of Personnel Services proposes transferring bargaining unit representation of the full - time Administrative Management classification title of Police Systems Manager from the Santa Ana Management Association (SAMA) to the Santa Ana Police Management Association (PMA) (see Exhibit B) in the Position Classification and Pay Plan. It is now desired to rescind Council Resolution Nos. 82 -110 and 96 -095, and reestablish and affect the aforementioned changes. Section 2: That Resolution Nos. 82 -110 and 96 -095, as amended, are hereby rescinded in their entirety. Section 3: This Resolution is operative from and after its date of adoption. ADOPTED this 3rd day of February, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 4t1g, • a✓ Sonia Carvalho Miguel A. Pulido Mayor 55A -4 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. 2015 - to be the original Resolution adopted by the City Council of the City of Santa Ana on February 3, 2015. Date: 55A -5 Clerk of the Council City of Santa Ana A �J EXHIBIT A CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) 6 -STEP SALARY RATE RANGE EFFECTIVE 10/01/14 SRR* Monthly Salary CLASSIFICATION TITLE Minimum - Maximum BUDGET AIDE (UC) 642 $4847 - $6186 BUDGET ANALYST (UC) 668 $5502 - $7024 COUNCIL SERVICES SECRETARY (UC) 589 $3741 - $4777 EXECUTIVE ASSISTANT (UC) 645 $4919 - $6278 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC) 620 $4350 - $5557 FINANCE EXECUTIVE SECRETARY (UC) 616 $4268 - $5449 FINANCIAL ANALYST (UC) 663 $5370 - $6853 LEGAL OFFICE ASSISTANT (UC) 544 $3002 - $3831 LEGAL SECRETARY (UC) 588 $3722 - $4753 LIABILITY CLAIMS PROCESSOR (UC) 593 $3812 - $4870 LOSS CONTROL ANALYST (UC) 663 $5370 - $6853 LOSS CONTROL TECHNICIAN (UC) 642 $4847 - $6186 MANAGEMENT AIDE (UC) 642 $4847 - $6186 MANAGEMENT ANALYST (UC) 668 $5502 - $7024 MANAGEMENT ASSISTANT (EXEMPT) (UC) 668 $5502 - $7024 PARALEGAL (EXEMPT) (UC) 623 $4415 - $5639 PAYROLL SYSTEMS ANALYST (UC) 708 $6689 - $8536 PAYROLL TECHNICIAN (UC) 622 $4393 - $5611 PERSONNEL ANALYST (UC) 663 $5370 - $6853 PERSONNEL EXECUTIVE SECRETARY (UC) 610 $4142 - $5291 PERSONNEL SECRETARY (UC) 589 $3741 -$4777 PERSONNEL SERVICES RECEPTIONIST (UC) 571 $3423 - $4371 PERSONNEL SERVICES SPECIALIST (UC) 581 $3594 - $4590 PERSONNEL TECHNICIAN (UC) 622 $4393 - $5611 POLICE PERSONNEL SERVICES SPECIALIST (UC) 602 $3984 - $5089 RISK MANAGEMENT TECHNICIAN (UC) 622 $4393 - $5611 SECRETARY TO THE CITY MANAGER (UC) 666 $5449 - $6955 SENIOR BUDGET ANALYST (UC) 697 $6338 - $8089 SENIOR FINANCIAL ANALYST (UC) 707 $6656 - $8494 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC) 697 $6338 - $8089 SENIOR LEGAL OFFICE ASSISTANT (UC) 571 $3423 - $4371 SENIOR LEGAL SECRETARY (UC) 610 $4142 - $5291 SENIOR MANAGEMENT ANALYST (UC) 697 $6338 - $8089 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC) 697 $6338 - $8089 SENIOR PARALEGAL (EXEMPT) (UC) 663 $5370 - $6853 SENIOR PAYROLL TECHNICIAN (UC) 55A-7 642 $4847 - $6186 EXHIBIT A Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) CLASSIFICATION TITLE SENIOR PERSONNEL ANALYST (UC) SENIOR PERSONNEL RECEPTIONIST (UC) SENIOR PERSONNEL SERVICES SPECIALIST (UC) SENIOR PERSONNEL TECHNICIAN (UC) SENIOR RISK MANAGEMENT TECHNICIAN (UC) SENIOR WORKERS' COMP. CLAIMS ASSISTANT (UC) SENIOR WORKERS' COMP. CLAIMS EXAM. (UC) SENIOR WORKERS' COMPENSATION SYSTEMS TECH (UC) TRAINING COORDINATOR (UC) WORKERS' COMPENSATION CLAIMS ASSISTANT (UC) WORKERS' COMPENSATION CLAIMS EXAMINER (UC) WORKERS' COMPENSATION SYSTEMS TECHNICIAN (UC) 6 -STEP SALARY RATE RANGE EFFECTIVE 10101/14 SRR* Monthly Salary Minimum - Maximum 707 $6656 - $8494 589 $3741 - $4777 602 $3984 - $5089 642 $4847 - $6186 642 $4847 - $6186 617 $4289 - $5476 682 $5891 - $7520 627 $4504 - $5749 707 $6656 - $8494 593 $3812 - $4870 652 $5089 - $6495 603 $4003 - $5114 Footnotes Effective 10/1/14, SRR obsolete due to 1.25% increase in -lieu of Medical Retirement Subsidy. "* "(UC)" is the parenthetical identifier used to designate classification titles as Unaffiliated Confidential. * ** Benefits and compensation provisions for classification titles represented by CASA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. * * *` This Classification and Pay Plan was adopted through Resolution on 2/3/15. EXHIBIT B CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE MANAGEMENT ASSOCIATION (PMA) SWORN CLASSIFICATION TITLE POLICE CAPTAIN (RM) POLICE LIEUTENANT (RM) NON -SWORN CLASSIFICATION TITLE JAIL ADMINISTRATOR (RM) POLICE ADMINISTRATIVE MANAGER (RM) POLICE COMMUNICATIONS MANAGER (RM) POLICE SYSTEMS MANAGER (RM)- 4 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Monthly Salary Minimum - Maximum M834 $12223 - $14150 M800 $10350 - $11982 5 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary Minimum - Maximum M813 $11031 - $13409 M754 $ 8269 - $10055 M739 $ 7685 - $ 9342 M777 $ 9250 - $11254 Footnotes * Classification transferred from SAMA bargaining unit to PMA bargaining unit effective 3/1/15. ** "(RM)" is the parenthetical identifier used to designate classification titles as Represented Management. * ** Benefits and compensation provisions for classification titles represented by PMA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. * * ** This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -9 55A -10 EXHIBIT C CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION (POA) 5 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary SWORN CLASSIFICATION TITLE Minimum - Maximum POLICE OFFICER 690 $6050 - $7355 POLICE SERGEANT 733 $7463 - $9073 55A -11 5 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary NON -SWORN CLASSIFICATION TITLE Minimum - Maximum ANIMAL SERVICE OFFICER 1 626 $4426 - $5382 ANIMAL SERVICE OFFICER II 656 $5126 - $6230 BACKGROUND INVESTIGATOR 641 $4764 - $5790 COMMUNICATIONS SERVICES OFFICER 621 $4317 - $5252 CORRECTIONAL OFFICER 641 $4764 - $5790 CORRECTIONAL SUPERVISOR 690 $6050 - $7355 CRIME RESEARCH AIDE 652 $5026 - $6110 CRIME RESEARCH ANALYST 678 $5706 - $6937 EMERGENCY OPERATIONS COORDINATOR 710 $6670 - $8109 FIREARMS EXAMINER 697 $6260 - $7609 FORENSIC SERVICES SUPERVISOR 728 $7283 - $8853 FORENSIC SPECIALIST 1 652 $5026 - $6110 FORENSIC SPECIALIST II 671 $5515 - $6702 PARKING CONTROL OFFICER 591 $3728 - $4533 POLICE ATHLETIC /ACTIVITIES LEAGUE ASSISTANT DIR 620 $4296 - $5226 POLICE COMMUNICATIONS SUPERVISOR 686 $5934 - $7211 POLICE COMMUNITY SERVICES SPECIALIST 641 $4764 - $5790 POLICE EVIDENCE AND SUPPLY SPECIALIST 624 $4382 - $5330 POLICE EVIDENCE AND SUPPLY SUPERVISOR 644 $4834 - $5876 POLICE INVESTIGATIVE SPECIALIST 641 $4764 - $5790 POLICE PHOTO /VIDEO SPECIALIST 621 $4317 - $5252 POLICE PROPERTY AND EVIDENCE SUPERVISOR 644 $4834 - $5876 POLICE RECRUIT 650 $4978 - $6050 POLICE SERVICE OFFICER 621 $4317 - $5252 POLICE SERVICES DISPATCHER 646 $4882 - $5934 55A -11 EXHIBIT C Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION (PDA) NON -SWORN CLASSIFICATION TITLE RANGEMASTER SENIOR PARKING CONTROL OFFICER TRAFFIC SERVICES SPECIALIST 5 -STEP SALARY RATE RANGE Footnotes * Benefits and compensation provisions for classification titles represented by POA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. ** This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -12 EFFECTIVE 7/1/13 SRR Monthly Salary Minimum - Maximum 621 $4317 - $5252 611 $4111 - $5002 641 $4764 - $5790 Footnotes * Benefits and compensation provisions for classification titles represented by POA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. ** This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -12 EXHIBIT D CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA MANAGEMENT ASSOCIATION (SAMA) 17 -STEP SALARY RATE RANGE 5 -STEP SALARY RATE RANGE EFFECTIVE 10/01114 EFFECTIVE 10/01114 Monthly Salary SRR* Monthly Salary ADMINISTRATIVE MANAGEMENT CLASSIFICATION TITLE ACCOUNTING MANAGER (MM) Minimum - Maximum APPLICATIONS SYSTEMS MANAGER (AM) AM774 $9231 - $11225 APPLICATIONS /TECH SUPPORT MANAGER (AM) AM784 $9697 - $11786 BENEFITS AND COMPENSATION SUPERVISOR (AM) AM734 $7593 - $ 9231 BENEFITS SUPERVISOR (AM) AM723 $7196 - $ 8749 BUDGET AND RESEARCH MANAGER (AM) AM764 $8792 - $10690 COMMUNITY PRESERVATION COORDINATOR (AM) AM725 $7266 - $ 8834 CORRECTIONAL MANAGER (AM) AM737 $7704-$ 9366 PRINCIPAL MANAGEMENT ANALYST (AM) AM734 $7593 - $ 9231 PRINCIPAL PLANNER (AM) AM760 $8621- $10479 SUPERVISOR OF INSPECTIONS (AM) AM745 $8012 - $ 9745 WORKERS' COMPENSATION SUPERVISOR (AM) AM723 $7196 - $ 8749 17 -STEP SALARY RATE RANGE DEPUTY BUILDING OFFICIAL /NEW CONST6tjION1(y) MM -22 $ 8303 - $12324 EFFECTIVE 10/01114 SRR* e Monthly Salary MIDDLE MANAGEMENT CLASSIFICATION TITLE Minimum - Maximum ACCOUNTING MANAGER (MM) MM -25 $ 8940 - $13272 ADMINISTRATIVE SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 ASSISTANT CITY ATTORNEY (MM) MM -22 $ 8303 - $12324 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF FINANCE AND MANAGEMENT SVCS (MM) MM -28 $ 9627 - $14292 ASSISTANT DIR OF PARKS, REC, AND CMTY SVCS (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF PERSONNEL SERVICES (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF PLANNING AND BUILDING (MM) MM -28 $ 9627 - $14292 ASSISTANT TO THE CITY MANAGER (MM) MM -22 $ 8303 - $12324 BUILDING SAFETY MANAGER (MM) MM -26 $ 9164- $13601 CHIEF ASSISTANT CITY ATTORNEY (MM) MM -30 $10115 - $15015 CITY ENGINEER (MM) MM -28 $ 9627 - $14292 CITY TRAFFIC ENGINEER (MM) MM -25 $ 8940 - $13272 COMMUNITY DEVELOPMENT MANAGER (MM) MM -22 $ 8303 - $12324 COMMUNITY PRESERVATION MANAGER (MM) MM -26 $ 9164 - $13601 COMMUNITY SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 CORPORATE YARD FACILITIES /FLEET SVCS MGR (MM) MM -22 $ 8303 - $12324 COUNCIL SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 DEPUTY BUILDING OFFICIAL /NEW CONST6tjION1(y) MM -22 $ 8303 - $12324 EXHIBIT D Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA MANAGEMENT ASSOCIATION (SAMA) MIDDLE MANAGEMENT CLASSIFICATION TITLE DEPUTY BUILDING OFFICIAL /PLAN CHECK (MM) DEPUTY CITY ATTORNEY (MM) DEPUTY CITY ENGINEER (MM) ECONOMIC DEVELOPMENT MANAGER (MM) FACILITIES MAINTENANCE SUPERINTENDENT (MM) HOUSING DIVISION MANAGER (MM) INFORMATION SERVICES MANAGER (MM) LIBRARY OPERATIONS MANAGER (MM) PLANNING MANAGER (MM) PRINCIPAL CIVIL ENGINEER (MM) PUBLIC WORKS MAINTENANCE MANAGER (MM) RISK MANAGER (MM) SENIOR ASSISTANT CITY ATTORNEY (MM) STRATEGIC COMMUNICATIONS MANAGER (MM) TRANSIT PROGRAM MANAGER (MM) TRANSPORTATION MANAGER (MM) TREASURY AND CUSTOMER SERVICES MANAGER (MM) WATER RESOURCES MANAGER (MM) ZOO MANAGER (MM) 17 -STEP SALARY RATE RANGE EFFECTIVE 10101/14 SRR* Monthly Salary Minimum - Maximum MM -25 $ 8940 - $13272 MM -12 $ 6484-$ 9627 MM -25 $ 8940 - $13272 MM -22 $ 8303 - $12324 MM -18 $ 7522 - $11164 MM -22 $ 8303 - $12324 MM -25 $ 8940 - $13272 MM -17 $ 7338 - $10893 MM -26 $ 9164 - $13601 MM -25 $ 8940 - $13272 MM -24 $ 8720 - $12947 MM -23 $ 8508 - $12633 MM -28 $ 9627 - $14292 MM -19 $ 7708 - $11443 MM -25 $ 8940 - $13272 MM -25 $ 8940 - $13272 MM -22 $ 8303 - $12324 MM -26 $ 9164 - $13601 MM -22 $ 8303 - $12324 Footnotes * Effective 10/1/14, SRR obsolete due to 1.25% increase in -lieu of Medical Retirement Subsidy. '(AM)" is the parenthetical identifier used to designate classification titles as Administrative Management. * ** "(MM)" is the parenthetical identifier used to designate classification titles as Middle Management. Benefits and compensation provisions for classification titles represented by SAMA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -14 EXHIBIT E CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) COMMUNITY DEVELOPMENT TECHNICIAt5A_A5 612 $4132 -$5542 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum ACCOUNTANTI 634 $4601 -$6170 ACCOUNTANT II 662 $5278 -$7073 ACCOUNTING ASSISTANT 583 $3586 -$4810 ACCOUNTING ASSISTANT /SYSTEMSTECHNICIAN 583 $3586 -$4810 ACCOUNTS PAYABLE SUPERVISOR 637 $4671 -$6260 ACTIVE TRANSPORTATION COORDINATOR ** 673 $5569 -$7463 ASSISTANT BUYER* 598 $3861 -$5176 ASSISTANT ENGINEER 702 $6415 -$8599 ASSISTANT ENGINEER II 716 $6869 -$9205 ASSISTANT FLEET EQUIPMENT TECHNICIAN 578 $3501-$4694 ASSISTANT INSTRUMENT TECHNICIAN 609 $4074 -$5461 ASSISTANT LIBRARIAN 592 $3747 - $5026 ASSISTANT PARKS /LANDSCAPE PLANNER 643 $4810 - $6446 ASSISTANT PLAN CHECK ENGINEER I 702 $6415 - $8599 ASSISTANT PLAN CHECK ENGINEER II 716 $6869 - $9205 ASSISTANT PLANNER I 643 $4810 - $6446 ASSISTANT PLANNER II 663 $5304 - $7107 ASSISTANT TRAFFIC OPERATIONS ENGINEER 716 $6869 -$9205 ASSOCIATE PART( AND LANDSCAPE PLANNER 693 $6140- $8229 ASSOCIATE PLAN CHECK ENGINEER 731 $7391 -$9906 ASSOCIATE PLANNER 693 $6140 -$8229 BIBLIOGRAPHIC TECHNICIAN 582 $3568 -$4787 BUILDING INSPECTOR 643 $4810 -$6446 BUILDING MAINTENANCE AIDE 561 $3221 - $4317 BUILDING MAINTENANCE SUPERVISOR 653 $5051 -$6768 BUILDING MAINTENANCE TECHNICIAN 601 $3915 -$5252 BUILDING TECHNICIAN 595 $3803 - $5101 BUSINESS TAX COLLECTOR /INSPECTOR 607 $4034 -$5408 BUYER 647 $4906 -$6574 BUYER /SYSTEMS TECHNICIAN 647 $4906 - $6574 CENTRAL SERVICES SUPERVISOR 607 $4034 -$5408 COMBINATION BUILDING INSPECTOR 643 $4810 -$6446 COMMUNITY DEVELOPMENT ANALYST 658 $5176 -$6937 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 579 $3519 -$4718 COMMUNITY DEVELOPMENT DISTRICT MANAGER 713 $6768 - $9073 COMMUNITY DEVELOPMENT TECHNICIAt5A_A5 612 $4132 -$5542 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR MonthlV Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum COMMUNITY EVENTS SUPERVISOR 668 $5434 -$7283 COMMUNITY PRESERVATION INSPECTOR 643 $4810 -$6446 COMMUNITY PRESERVATION TECHNICIAN 595 $3803 - $5101 COMMUNITY SERVICES SUPERVISOR 683 $5847 -$7837 COMPUTER OPERATOR 607 $4034 -$5408 COMPUTER PROGRAMMER 650 $4978 - $6670 COMPUTER SYSTEMS ANALYST /PROGRAMMER 670 $5488 - $7355 CONSTRUCTION INSPECTOR 643 $4810 -$6446 CONSTRUCTION INSPECTOR II 653 $5051 - $6768 CONTRACTS ADMINISTRATOR 643 $4810 - $6446 CORRECTIONAL RECORDS SPECIALIST 544 $2965 - $3974 CUSTODIAL AIDE /PORTER 506 $2463 -$3302 CUSTODIAN 536 $2853 - $3822 CUSTODIAN SUPERVISOR 588 $3676 -$4930 CUSTOMER SERVICE REPRESENTATIVE 591 $3728 - $5002 DATA ENTRY OFFICE ASST 561 $3221 - $4317 DATA ENTRY OPERATOR 552 $3082 -$4132 DATA ENTRY SPECIALIST 561 $3221 - $4317 DEPUTY CLERK OF THE COUNCIL 602 $3935 - $5278 DOWNTOWN DEVELOPMENT LIAISON* 664 $5330 -$7141 ECONOMIC DEVELOPMENT AIDE 612 $4132 -$5542 ECONOMIC DEVELOPMENT SPECIALIST 1 663 $5304 - $7107 ECONOMIC DEVELOPMENT SPECIALIST II 693 $6140 -$8229 ECONOMIC DEVELOPMENT SPECIALIST 111 723 $7107 - $9529 ELECTRICAL INSPECTOR 643 $4810 -$6446 EMPLOYMENT SERVICES FISCAL SPECIALIST 634 $4601 - $6170 ENGINEERING AIDE 597 $3841 - $5151 ENVIRONMENTAL COORDINATOR 693 $6140 -$8229 EQUIPMENT OPERATOR 602 $3935 -$5278 EQUIPMENT OPERATOR - WATER SERVICES 607 $4034 - $5408 EXECUTIVE SECRETARY 600 $3896 -$5226 FACILITIES SUPERVISOR 653 $5051 - $6768 FLEET EQUIPMENT SUPERVISOR 667 $5408 -$7247 FLEET EQUIPMENT TECHNICIAN 608 $4054 -$5434 FLEET EQUIPMENT TECHNICIAN 11 55A -16 628 $4470 -$5992 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum FLEET EQUIPMENT TECHNICIAN III 643 $4810 -$6446 FLEET PARTS SPECIALIST 618 $4257 - $5706 GENERAL MAINTENANCE AIDE 561 $3221 -$4317 GENERAL MAINTENANCE LEADER 622 $4339 - $5818 GENERAL MAINTENANCE SUPERVISOR 653 $5051- $6768 GENERAL MAINTENANCE WORKER 601 $3915 -$5252 GIS ADMINISTRATOR 688 $5992 -$8029 GRAPHICS DESIGNER 1 604 $3974 -$5330 GRAPHICS DESIGNER II 624 $4382 -$5876 HOUSING AUTHORITY AIDE 534 $2824 - $3784 HOUSING AUTHORITY ANALYST 660 $5226 - $7005 HOUSING AUTHORITY COORDINATOR 723 $7107 -$9529 HOUSING AUTHORITY INTAKE SPECIALIST 549 $3040 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 681 $5790 - $7761 HOUSING PROGRAMS AIDE 572 $3398 -$4556 HOUSING PROGRAMS ANALYST 681 $5790 - $7761 HOUSING PROGRAMS COORDINATOR 723 $7107 - $9529 HOUSING SPECIALIST 1 582 $3568 - $4787 HOUSING SPECIALIST 11 606 $4014 - $5382 INFORMATION SERVICES REPRESENTATIVE 596 $3822 -$5126 INSTRUMENT TECHNICIAN 623 $4360 -$5847 INTAKE SPECIALIST 549 $3040 -$4074 LANDSCAPE DEVELOPMENT ASSOCIATE 693 $6140 - $8229 LEAD ACCOUNTING ASSISTANT 617 $4236 - $5678 LEAD CORRECTIONAL RECORDS SPECIALIST 586 $3640 - $4882 LEAD POLICE RECORDS SPECIALIST 596 $3822 - $5126 LIBRARIAN 632 $4556 -$6110 LIBRARY AIDE 489 $2268 - $3040 LIBRARY SERVICES ASSISTANT 534 $2824 - $3784 LOAN SPECIALIST 633 $4579 - $6140 MAIL CLERIC /MESSENGER 515 $2574 - $3449 MAINTENANCE ASSISTANT 536 $2853 - $3822 MAINTENANCE WORKER 1 556 $3144 - $4215 MAINTENANCE WORKER 11 576 $3467 - $4648 METER READER COLLECTOR 55A -17 582 $3568 -$4787 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum MICRO SYSTEMS PROGRAMMER 678 $5706 -$7647 MICRO SYSTEMS TECHNICIAN 612 $4132 - $5542 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST* 663 $5304 - $7107 NETWORK ENGINEER 718 $6937 -$9296 NETWORK SPECIALIST /WAN SYSTEMS ADMINISTRATOR 678 $5706 -$7647 OFFICE ASSISTANT 534 $2824 - $3784 OFFICE SPECIALIST 509 $2500 - $3352 OFFICE SUPERVISOR 603 $3954 -$5304 PARK MAINTENANCE AIDE 434 $1734 -$2322 PARK MAINTENANCE INSPECTORI 561 $3221 -$4317 PARK MAINTENANCE INSPECTOR II 605 $3994 -$5356 PARK MAINTENANCE LEADER 605 $3994 -$5356 PARK MAINTENANCE SUPERVISOR 653 $5051 -$6768 PARK RANGER 622 $4339 - $5818 PARKING METER OPERATIONS SUPERVISOR 615 $4194 -$5623 PARKING METER TECHNICIAN I 565 $3285 -$4404 PARKING METER TECHNICIAN II 595 $3803 -$5101 PERMIT PROCESSOR 581 $3550 - $4764 PERMIT SUPERVISOR 663 $5304 -$7107 PERMIT TECHNICIAN 633 $4579 -$6140 PLAN EXAMINER (T) 662 $5278 - $7073 PLANNING ASSISTANT 623 $4360 -$5847 PLANNING COMMISSION SECRETARY 600 $3896 -$5226 PLUMBING INSPECTOR 643 $4810 -$6446 POLICE FISCAL OFFICER 681 $5790 - $7761 POLICE FISCAL SERVICES SUPERVISOR 650 $4978 - $6670 POLICE RECORDS SPECIALIST 554 $3113 - $4173 POLICE RECORDS SUPERVISOR 621 $4317 - $5790 POLICE SYSTEMS SUPPORT ANALYST 698 $6291-$8431 PRINCIPAL LIBRARIAN 652 $5026 - $6735 PRINCIPAL PROGRAMMER ANALYST 718 $6937 - $9296 PROGRAMMER ANALYST 678 $5706 -$7647 PROJECTS MANAGER 703 $6446 -$8641 PROPERTY CONTROL SPECIALIST 582 $3568 - $4787 PROPERTY REHABILITATION ASSISTANT 582 $3568 -$4787 55A -18 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR MonthIV Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum PUBLIC WORKS CREW LEADER 622 $4339 - $5818 PUBLIC WORKS DISPATCHER 566 $3302 - $4426 PUBLIC WORKS PROJECTS SPECIALIST 663 $5304 - $7107 PURCHASING ASSISTANT 572 $3398 - $4556 PURCHASING SPECIALIST 583 $3586 - $4810 PURCHASING SUPERVISOR 692 $6110 -$8189 RECEPTIONIST 549 $3040 -$4074 RECORDS SPECIALIST 577 $3484 - $4671 RECREATION LEADER 522 $2663 -$3568 RECREATION PROGRAM COORDINATOR 602 $3935 - $5278 REPROGRAPHIC EQUIPMENT OPERATOR 541 $2921 -$3915 RESIDENTIAL CONSTRUCTION SPECIALIST 643 $4810 - $6446 REVENUE AND CONTRACT COMPLIANCE AUDITOR 662 $5278 -$7073 REVENUE PROCESSING ASSISTANT 552 $3082 -$4132 REVENUE SUPERVISOR 637 $4671 -$6260 SANITATION INSPECTOR 1 592 $3747 - $5026 SANITATION INSPECTOR II 633 $4579 - $6140 SECRETARY 579 $3519 -$4718 SECURITY ELECTRONICS TECHNICIAN 656 $5126 -$6869 SENIOR ACCOUNTANT 681 $5790 -$7761 SENIOR ACCOUNTING ASSISTANT 598 $3861- $5176 SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 598 $3861- $5176 SENIOR ASSISTANT ENGINEER 731 $7391 -$9906 SENIOR BUILDING INSPECTOR 663 $5304 -$7107 SENIOR CIVIL ENGINEER 754 $8269 - $11086 SENIOR COMBINATION BUILDING INSPECTOR 663 $5304 -$7107 SENIOR COMMUNITY DEVELOPMENT ANALYST 687 $5963 - $7989 SENIOR COMMUNITY PRESERVATION INSPECTOR 663 $5304 -$7107 SENIOR CORRECTIONAL RECORDS SPECIALIST 571 $3381-$4533 SENIOR DEPUTY CLERK OF THE COUNCIL 632 $4556 - $6110 SENIOR ELECTRICAL INSPECTOR 663 $5304 -$7107 SENIOR ELECTRICAL SYSTEMS SPECIALIST 663 $5304 - $7107 SENIOR ENGINEER 754 $8269 - $11086 SENIOR FLEET EQUIPMENT SUPERVISOR 687 $5963 - $7989 SENIOR GRADING SPECIALIST 663 $5304 -$7107 55A -19 EXHIBIT E Cont'd POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum SENIOR HOUSING SPECIALIST 644 $4834 - $6478 SENIOR LAND SURVEYOR 764 $8683 - $11640 SENIOR LIBRARIAN 637 $4671 - $6260 SENIOR LIBRARY TECHNICIAN (T) 592 $3747 -$5026 SENIOR OFFICE ASSISTANT 561 $3221 - $4317 SENIOR OFFICE SPECIALIST 534 $2824 - $3784 SENIOR PARK MAINTENANCE SUPERVISOR 683 $5847 - $7837 SENIOR PLAN CHECK ENGINEER 754 $8269 - $11086 SENIOR PLANNER 713 $6768 -$9073 SENIOR PLUMBING INSPECTOR 663 $5304 -$7107 SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. 663 $5304 -$7107 SENIOR POLICE RECORDS SPECIALIST 581 $3550 - $4764 SENIOR PROGRAMMER ANALYST 698 $6291 -$8431 SENIOR RECEPTIONIST 579 $3519 -$4718 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 663 $5304 -$7107 SENIOR SYSTEMS ADMINISTRATOR 670 $5488 -$7355 SENIOR TRAFFIC ENGINEER 754 $8269 - $11086 SENIOR TRANSPORTATION ANALYST 754 $8269 - $11086 SENIOR WATER SYSTEMS OPERATOR 643 $4810 - $6446 STOCK CLERK 577 $3484 - $4671 STOREKEEPER 612 $4132 -$5542 STORES AND CITY YARD PROPERTY SPECIALIST 612 $4132 - $5542 STORMWATER COORDINATOR 673 $5569 -$7463 STREET LIGHTING MAINTENANCE WORKER 612 $4132 - $5542 STREET MAINTENANCE SUPERVISOR 653 $5051 - $6768 STREET PAINTER 596 $3822 - $5126 SUPERVISING ACCOUNTANT 703 $6446 -$8641 SUPERVISING BUYER 677 $5678 -$7609 SUPERVISING LIBRARY SERVICES ASSISTANT 566 $3302 - $4426 SUPERVISING PARK RANGER 647 $4906 -$6574 SURVEY PARTY CHIEF 676 $5650 -$7571 SURVEY PARTY TECHNICIAN 612 $4132 -$5542 SURVEY PARTY TECHNICIAN II 643 $4810 -$6446 SYSTEMS ADMINISTRATOR 638 $4694 -$6291 SYSTEMS SUPPORT ANALYST 55A -20 698 $6291 - $8431 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum SYSTEMS TECHNICIAN 578 $3501- $4694 TELECOMMUNICATIONS COORDINATOR 680 $5762 -$7723 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 591 $3728 - $5002 TENANT SERVICES TECHNICIAN 579 $3519 - $4718 TREASURY SERVICES SPECIALIST' 622 $4339 - $5818 TREASURY SERVICES SUPERVISOR 637 $4671 - $6260 TREE MAINTENANCE SUPERVISOR 653 $5051 -$6768 TREE TRIMMER 596 $3822 -$5126 UTILITIES BILLING /SYSTEMSTECHNICIAN 591 $3728 -$5002 VIDEO TECHNICIAN 634 $4601- $6170 WATER SERVICES CREW LEADER 627 $4448 - $5963 WATER SERVICES METER REPAIRER 1 586 $3640 - $4882 WATER SERVICES METER REPAIRER II 606 $4014 - $5382 WATER SERVICES QUALITY COORDINATOR 678 $5706 - $7647 WATER SERVICES QUALITY INSPECTOR 638 $4694 - $6291 WATER SERVICES QUALITY SUPERVISOR 658 $5176 - $6937 WATER SERVICES SUPERVISOR 658 $5176 -$6937 WATER SERVICES UTILITY INSPECTOR 638 $4694 - $6291 WATER SERVICES WORKER 1 561 $3221 - $4317 WATER SERVICES WORKER 11 581 $3550 - $4764 WATER SYSTEMS OPERATOR 1 589 $3695 - $4954 WATER SYSTEMS OPERATOR 11 609 $4074 - $5461 WATER SYSTEMS OPERATOR 111 623 $4360 - $5847 WEB SYSTEMS TECHNICIAN 578 $3501- $4694 WEBSITE ENTRY SPECIALIST 552 $3082 -$4132 WORK CENTER COORDINATOR 723 $7107 - $9529 WORKFORCE SPECIALIST 1 578 $3501- $4694 WORKFORCE SPECIALIST II 603 $3954 - $5304 WORKFORCE SPECIALIST III 623 $4360 - $5847 WORKFORCE SPECIALIST IV 678 $5706 - $7647 YOUTH SERVICES TECHNICIAN 572 $3398 - $4556 ZOO ANIMAL REGISTRAR 583 $3586 - $4810 ZOO CURATOR 632 $4556 - $6110 ZOO CURATOR OF EDUCATION 632 $4556 -$6110 ZOO EDUCATION SPECIALIST 55A -21 583 $3586 - $4810 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) FULL -TIME CLASSIFICATION TITLE ZOO KEEPER AIDE ZOO KEEPER I ZOO KEEPER II 7 -STEP SALARY RATE RANGE Footnotes * Title /Salary created /changed effective 4/01/14. Title /Salary created /changed effective 5120/14. * ** Title /Salary created effective 3/1/15. * * *" Benefits and compensation provisions for full -time classification titles represented by SEIU are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. * * * "* This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -22 EFFECTIVE 7/1/13 SRR Monthly Salary Minimum - Maximum 493 $2311 -$3098 553 $3098 - $4152 583 $3586 -$4810 Footnotes * Title /Salary created /changed effective 4/01/14. Title /Salary created /changed effective 5120/14. * ** Title /Salary created effective 3/1/15. * * *" Benefits and compensation provisions for full -time classification titles represented by SEIU are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. * * * "* This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -22 EXHIBIT F CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) COMMUNITY DEVELOPMENT DISTRICT dgAlz 3 723 $7107 - $9073 6 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum ACCOUNTANTI 644 $4834 -$6170 ACCOUNTANT II 672 $5542 - $7073 ACCOUNTING ASSISTANT 593 $3765 - $4810 ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 593 $3765 - $4810 ACCOUNTS PAYABLE SUPERVISOR 647 $4906 - $6260 ACTIVE TRANSPORTATION COORDINATOR* 683 $5847 - $7463 ASSISTANT BUYER 608 $4054 - $5176 ASSISTANT ENGINEER 1 712 $6735 - $8599 ASSISTANT ENGINEER II 726 $7211-$9205 ASSISTANT FLEET EQUIPMENT TECHNICIAN 588 $3676 - $4694 ASSISTANT INSTRUMENT TECHNICIAN 619 $4278 - $5461 ASSISTANT LIBRARIAN 602 $3935 - $5026 ASSISTANT PARKS /LANDSCAPE PLANNER 653 $5051 - $6446 ASSISTANT PLAN CHECK ENGINEER 1 712 $6735 - $8599 ASSISTANT PLAN CHECK ENGINEER II 726 $7211 - $9205 ASSISTANT PLANNER 1 653 $5051- $6446 ASSISTANT PLANNER 11 673 $5569 - $7107 ASSISTANT TRAFFIC OPERATIONS ENGINEER 726 $7211- $9205 ASSOCIATE PARK AND LANDSCAPE PLANNER 703 $6446 - $8229 ASSOCIATE PLAN CHECK ENGINEER 741 $7761-$9906 ASSOCIATE PLANNER 703 $6446 - $8229 BIBLIOGRAPHIC TECHNICIAN 592 $3747 - $4787 BUILDING INSPECTOR 653 $5051 - $6446 BUILDING MAINTENANCE AIDE 571 $3381 - $4317 BUILDING MAINTENANCE SUPERVISOR 663 $5304 - $6768 BUILDING MAINTENANCE TECHNICIAN 611 $4111- $5252 BUILDING TECHNICIAN 605 $3994 - $5101 BUSINESS TAX COLLECTOR/INSPECTOR 617 $4236 - $5408 BUYER 657 $5151 -$6574 BUYER /SYSTEMS TECHNICIAN 657 $5151 - $6574 CENTRAL SERVICES SUPERVISOR 617 $4236 - $5408 COMBINATION BUILDING INSPECTOR 653 $5051 - $6446 COMMUNITY DEVELOPMENT ANALYST 668 $5434 - $6937 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 589 $3695 - $4718 COMMUNITY DEVELOPMENT DISTRICT dgAlz 3 723 $7107 - $9073 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum COMMUNITY DEVELOPMENT TECHNICIAN 622 $4339 - $5542 COMMUNITY EVENTS SUPERVISOR 678 $5706 - $7283 COMMUNITY PRESERVATION INSPECTOR 653 $5051-$6446 COMMUNITY PRESERVATION TECHNICIAN 605 $3994 - $5101 COMMUNITY SERVICES SUPERVISOR 693 $6140 - $7837 COMPUTER OPERATOR 617 $4236 - $5408 COMPUTER PROGRAMMER 660 $5226 - $6670 COMPUTER SYSTEMS ANALYST /PROGRAMMER 680 $5762 - $7355 CONSTRUCTION INSPECTOR 1 653 $5051- $6446 CONSTRUCTION INSPECTOR II 663 $5304 -$6768 CONTRACTS ADMINISTRATOR 653 $5051- $6446 CORRECTIONAL RECORDS SPECIALIST 554 $3113 - $3974 CUSTODIAL AIDE /PORTER 516 $2587 - $3302 CUSTODIAN 546 $2995 - $3822 CUSTODIAN SUPERVISOR 598 $3861 - $4930 CUSTOMER SERVICE REPRESENTATIVE 601 $3915 - $5002 DATA ENTRY OFFICE ASST 571 $3381- $4317 DATA ENTRY OPERATOR 562 $3237 - $4132 DATA ENTRY SPECIALIST 571 $3381-$4317 DEPUTY CLERK OF THE COUNCIL 612 $4132 - $5278 DOWNTOWN DEVELOPMENT LIAISON ** 674 $5596 - $7141 ECONOMIC DEVELOPMENT AIDE 622 $4339 - $5542 ECONOMIC DEVELOPMENT SPECIALIST 1 673 $5569 - $7107 ECONOMIC DEVELOPMENT SPECIALIST II 703 $6446 - $8229 ECONOMIC DEVELOPMENT SPECIALIST III 733 $7463 - $9529 ELECTRICAL INSPECTOR 653 $5051 -$6446 EMPLOYMENT SERVICES FISCAL SPECIALIST 644 $4834 - $6170 ENGINEERING AIDE 607 $4034 - $5151 ENVIRONMENTAL COORDINATOR 703 $6446 - $8229 EQUIPMENT OPERATOR 612 $4132 - $5278 EQUIPMENT OPERATOR - WATER SERVICES 617 $4236 - $5408 EXECUTIVE SECRETARY 610 $4091-$5226 FACILITIES SUPERVISOR 663 $5304 -$6768 FLEET EQUIPMENT SUPERVISOR 677 $5678 -$7247 FLEET EQUIPMENT TECHNICIAN I 55A-24 618 $4257 - $5434 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum FLEET EQUIPMENT TECHNICIAN II 638 $4694 - $5992 FLEET EQUIPMENT TECHNICIAN III 653 $5051 - $6446 FLEET PARTS SPECIALIST 628 $4470 - $5706 GENERAL MAINTENANCE AIDE 571 $3381 - $4317 GENERAL MAINTENANCE LEADER 632 $4556 - $5818 GENERAL MAINTENANCE SUPERVISOR 663 $5304 - $6768 GENERAL MAINTENANCE WORKER 611 $4111- $5252 GIS ADMINISTRATOR 698 $6291 - $8029 GRAPHICS DESIGNER 1 614 $4173 - $5330 GRAPHICS DESIGNER 11 634 $4601-$5876 HOUSING AUTHORITY AIDE 544 $2965 - $3784 HOUSING AUTHORITY ANALYST 670 $5488 - $7005 HOUSING AUTHORITY COORDINATOR 733 $7463 - $9529 HOUSING AUTHORITY INTAKE SPECIALIST 559 $3192 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 691 $6080 - $7761 HOUSING PROGRAMS AIDE 582 $3568 - $4556 HOUSING PROGRAMS ANALYST 691 $6080 - $7761 HOUSING PROGRAMS COORDINATOR 733 $7463 - $9529 HOUSING SPECIALIST 1 592 $3747 - $4787 HOUSING SPECIALIST 11 616 $4215 - $5382 INFORMATION SERVICES REPRESENTATIVE 606 $4014 -$5126 INSTRUMENT TECHNICIAN 633 $4579 - $5847 INTAKE SPECIALIST 559 $3192 - $4074 LANDSCAPE DEVELOPMENT ASSOCIATE 703 $6446 - $8229 LEAD ACCOUNTING ASSISTANT 627 $4448 - $5678 LEAD CORRECTIONAL RECORDS SPECIALIST 596 $3822 - $4882 LEAD POLICE RECORDS SPECIALIST 606 $4014 - $5126 LIBRARIAN 642 $4787 - $6110 LIBRARY AIDE 499 $2381 - $3040 LIBRARY SERVICES ASSISTANT 544 $2965 - $3784 LOAN SPECIALIST 643 $4810 - $6140 MAIL CLERK /MESSENGER 525 $2703 - $3449 MAINTENANCE ASSISTANT 546 $2995 - $3822 MAINTENANCE WORKER 1 566 $3302 - $4215 MAINTENANCE WORKER 11 55A-25 586 $3640 - $4648 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum METER READER COLLECTOR 592 $3747 - $4787 MICRO SYSTEMS PROGRAMMER 688 $5992 - $7647 MICRO SYSTEMS TECHNICIAN 622 $4339 - $5542 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST ** 673 $5569 - $7107 NETWORK ENGINEER 728 $7283 - $9296 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 688 $5992 - $7647 OFFICE ASSISTANT 544 $2965 - $3784 OFFICE SPECIALIST 519 $2626 - $3352 OFFICE SUPERVISOR 613 $4152 - $5304 PARK MAINTENANCE AIDE 444 $1820 - $2322 PARK MAINTENANCE INSPECTOR 1 571 $3381 - $4317 PARK MAINTENANCE INSPECTOR II 615 $4194 - $5356 PARK MAINTENANCE LEADER 615 $4194 - $5356 PARK MAINTENANCE SUPERVISOR 663 $5304 - $6768 PARK RANGER 632 $4556 - $5818 PARKING METER OPERATIONS SUPERVISOR 625 $4404 - $5623 PARKING METER TECHNICIAN 1 575 $3449 - $4404 PARKING METER TECHNICIAN II 605 $3994 - $5101 PERMIT PROCESSOR 591 $3728 - $4764 PERMIT SUPERVISOR 673 $5569 - $7107 PERMIT TECHNICIAN 643 $4810 - $6140 PLAN EXAMINER (T) 672 $5542 - $7073 PLANNING ASSISTANT 633 $4579 -$5847 PLANNING COMMISSION SECRETARY 610 $4091 - $5226 PLUMBING INSPECTOR 653 $5051-$6446 POLICE FISCAL OFFICER 691 $6080 - $7761 POLICE FISCAL SERVICES SUPERVISOR 660 $5226 - $6670 POLICE RECORDS SPECIALIST 564 $3269 - $4173 POLICE RECORDS SUPERVISOR 631 $4533 - $5790 POLICE SYSTEMS SUPPORT ANALYST 708 $6606 - $8431 PRINCIPAL LIBRARIAN 662 $5278 - $6735 PRINCIPAL PROGRAMMER ANALYST 728 $7283 - $9296 PROGRAMMER ANALYST 688 $5992 - $7647 PROJECTS MANAGER 713 $6768 -$8641 PROPERTY CONTROL SPECIALIST 55A-26 592 $3747 - $4787 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) SENIOR FLEET EQUIPMENT SUPERVISt5 A —n7 697 $6260 - $7989 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum PROPERTY REHABILITATION ASSISTANT 592 $3747 - $4787 PUBLIC WORKS CREW LEADER 632 $4556 - $5818 PUBLIC WORKS DISPATCHER 576 $3467 - $4426 PUBLIC WORKS PROJECTS SPECIALIST 673 $5569 - $7107 PURCHASING ASSISTANT 582 $3568 - $4556 PURCHASING SPECIALIST 593 $3765 - $4810 PURCHASING SUPERVISOR 702 $6415 - $8189 RECEPTIONIST 559 $3192 - $4074 RECORDS SPECIALIST 587 $3658 - $4671 RECREATION LEADER 532 $2796 - $3568 RECREATION PROGRAM COORDINATOR 612 $4132 - $5278 REPROGRAPHIC EQUIPMENT OPERATOR 551 $3067 - $3915 RESIDENTIAL CONSTRUCTION SPECIALIST 653 $5051- $6446 REVENUE AND CONTRACT COMPLIANCE AUDITOR 672 $5542 - $7073 REVENUE PROCESSING ASSISTANT 562 $3237 - $4132 REVENUE SUPERVISOR 647 $4906 - $6260 SANITATION INSPECTOR 1 602 $3935 - $5026 SANITATION INSPECTOR II 643 $4810 - $6140 SECRETARY 589 $3695 -$4718 SECURITY ELECTRONICS TECHNICIAN 666 $5382 - $6869 SENIOR ACCOUNTANT 691 $6080 - $7761 SENIOR ACCOUNTING ASSISTANT 608 $4054 - $5176 SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 608 $4054 - $5176 SENIOR ASSISTANT ENGINEER 741 $7761 -$9906 SENIOR BUILDING INSPECTOR 673 $5569 - $7107 SENIOR CIVIL ENGINEER 764 $8683 - $11086 SENIOR COMBINATION BUILDING INSPECTOR 673 $5569 - $7107 SENIOR COMMUNITY DEVELOPMENT ANALYST 697 $6260 - $7989 SENIOR COMMUNITY PRESERVATION INSPECTOR 673 $5569 - $7107 SENIOR CORRECTIONAL RECORDS SPECIALIST 581 $3550 - $4533 SENIOR DEPUTY CLERK OF THE COUNCIL 642 $4787 - $6110 SENIOR ELECTRICAL INSPECTOR 673 $5569 - $7107 SENIOR ELECTRICAL SYSTEMS SPECIALIST 673 $5569 - $7107 SENIOR ENGINEER 764 $8683 - $11086 SENIOR FLEET EQUIPMENT SUPERVISt5 A —n7 697 $6260 - $7989 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum SENIOR GRADING SPECIALIST 673 $5569 - $7107 SENIOR HOUSING SPECIALIST 654 $5076 - $6478 SENIOR LAND SURVEYOR 774 $9117 - $11640 SENIOR LIBRARIAN 647 $4906 - $6260 SENIOR LIBRARY TECHNICIAN (T) 602 $3935 - $5026 SENIOR OFFICE ASSISTANT 571 $3381-$4317 SENIOR OFFICE SPECIALIST 544 $2965 - $3784 SENIOR PARK MAINTENANCE SUPERVISOR 693 $6140 - $7837 SENIOR PLAN CHECK ENGINEER 764 $8683 - $11086 SENIOR PLANNER 723 $7107 - $9073 SENIOR PLUMBING INSPECTOR 673 $5569 - $7107 SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. 673 $5569 - $7107 SENIOR POLICE RECORDS SPECIALIST 591 $3728 - $4764 SENIOR PROGRAMMER ANALYST 708 $6606 - $8431 SENIOR RECEPTIONIST 589 $3695 - $4718 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 673 $5569 - $7107 SENIOR SYSTEMS ADMINISTRATOR 680 $5762 - $7355 SENIOR TRAFFIC ENGINEER 764 $8683 - $11086 SENIOR TRANSPORTATION ANALYST 764 $8683 - $11086 SENIOR WATER SYSTEMS OPERATOR 653 $5051 - $6446 STOCK CLERK 587 $3658 - $4671 STOREKEEPER 622 $4339 - $5542 STORES AND CITY YARD PROPERTY SPECIALIST' 622 $4339 - $5542 STORMWATER COORDINATOR 683 $5847 - $7463 STREET LIGHTING MAINTENANCE WORKER 622 $4339 - $5542 STREET MAINTENANCE SUPERVISOR 663 $5304 - $6768 STREET PAINTER 606 $4014 -$5126 SUPERVISING ACCOUNTANT 713 $6768 - $8641 SUPERVISING BUYER 687 $5963 - $7609 SUPERVISING LIBRARY SERVICES ASSISTANT 576 $3467 - $4426 SUPERVISING PARK RANGER 657 $5151 - $6574 SURVEY PARTY CHIEF 686 $5934 - $7571 SURVEY PARTY TECHNICIAN 1 622 $4339 - $5542 SURVEY PARTY TECHNICIAN II 653 $5051- $6446 p SYSTEMS ADMINISTRATOR 55A -28 648 $4930 - $6291 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum SYSTEMS SUPPORT ANALYST 708 $6606 - $8431 SYSTEMS TECHNICIAN 588 $3676 - $4694 TELECOMMUNICATIONS COORDINATOR 690 $6050 - $7723 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 601 $3915 - $5002 TENANT SERVICES TECHNICIAN 589 $3695 - $4718 TREASURY SERVICES SPECIALIST * * ** 632 $4556 - $5818 TREASURY SERVICES SUPERVISOR 647 $4906 - $6260 TREE MAINTENANCE SUPERVISOR 663 $5304 - $6768 TREE TRIMMER 606 $4014 - $5126 UTILITIES BILLING /SYSTEMS TECHNICIAN 601 $3915 - $5002 VIDEO TECHNICIAN 644 $4834 - $6170 WATER SERVICES CREW LEADER 637 $4671 - $5963 WATER SERVICES METER REPAIRER 1 596 $3822 - $4882 WATER SERVICES METER REPAIRER II 616 $4215 - $5382 WATER SERVICES QUALITY COORDINATOR 688 $5992 - $7647 WATER SERVICES QUALITY INSPECTOR 648 $4930 - $6291 WATER SERVICES QUALITY SUPERVISOR 668 $5434 - $6937 WATER SERVICES SUPERVISOR 668 $5434 - $6937 WATER SERVICES UTILITY INSPECTOR 648 $4930 - $6291 WATER SERVICES WORKER 1 571 $3381 - $4317 WATER SERVICES WORKER 11 591 $3728 - $4764 WATER SYSTEMS OPERATOR 1 599 $3880 - $4954 WATER SYSTEMS OPERATOR 11 619 $4278 - $5461 WATER SYSTEMS OPERATOR III 633 $4579 - $5847 WEB SYSTEMS TECHNICIAN 588 $3676 - $4694 W EBSITE ENTRY SPECIALIST 562 $3237 - $4132 WORK CENTER COORDINATOR 733 $7463 - $9529 WORKFORCE SPECIALIST 1 588 $3676 - $4694 WORKFORCE SPECIALIST 11 613 $4152 - $5304 WORKFORCE SPECIALIST III 633 $4579 - $5847 WORKFORCE SPECIALIST IV 688 $5992 - $7647 YOUTH SERVICES TECHNICIAN 582 $3568 - $4556 ZOO ANIMAL REGISTRAR 593 $3765 - $4810 ZOO CURATOR 642 $4787 - $6110 ZOO CURATOR OF EDUCATION 55A-29 642 $4787 - $6110 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART -TIME CIVIL SERVICE EMPLOYEES IN FULL -TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) FULL -TIME CLASSIFICATION TITLE ZOO EDUCATION SPECIALIST ZOO KEEPER AIDE ZOO KEEPER ZOO KEEPER II Footnotes * Title /Salary created effective 5/20/14. ** Title /Salary created effective 4/01/14. * ** Title /Salary created effective 07/01/14. * * ** Title /Salary created effective 01/20/15. 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary Minimum - Maximum 593 $3765 - $4810 503 $2427 -$3098 563 $3253 -$4152 593 $3765 - $4810 *** ** Benefits and compensation provisions for part -time civil service classification titles represented by SEIU are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. * * * * ** This Classification and Pay Plan was adcptedtrpuW= �lyfi�n on 2/3/15. EXHIBIT G CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART -TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) CLASSIFICATION TITLE ACCOUNT CLERK I ACCOUNT CLERK II ACCOUNTANT ADMINISTRATIVE AIDE ANIMAL KEEPER I ANIMAL KEEPER II BUILDING MAINTENANCE ASST. CASHIER CLERICAL AIDE CLERICAL ASSISTANT CLERK TYPIST I CLERK TYPIST II COMBINATION INSPECTOR COMMUNITY CENTER AIDE COMPUTER TECHNICIAN CUSTOMER SERVICE CLERK DATA ENTRY CLERK EQUIP. SVC. ATTENDANT GENERAL ASSISTANT GRAPHICS AIDE HOUSING AUTHORITY ASST. JANITOR LIBRARIAN (PART -TIME) LIBRARY ASSISTANT LIBRARY CLERK I LIBRARY CLERK II LOSS CONTROL OFFICE ASST. MAINTENANCE AIDE I MAINTENANCE AIDE II MEDIA RELATIONS SPECIALIST MOBILE LIBRARY CLERK MUNICIPAL UTILITY READER/COLL. PAGE PAINTER PARK AMBASSADOR' 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8/11/14 Hourly Salary Minimum - Maximum $18.56 - $22.53 $20.53 - $24.95 $31.53 - $38.33 $23.53 - $28.60 $11.56- $14.04 $13.41- $16.28 $20.22 - $24.57 $11.34 - $13.80 $13.27 - $16.14 $ 9.09 - $11.04 $14.59 - $17.73 $17.14 - $20.81 $28.74 - $34.95 $17.52 - $21.31 $18.70 - $22.76 $19.28 - $23.43 $15.98 - $19.45 $17.99 - $ 21.86 $ 9.09 - $11.04 $13.11- $15.95 $20.70 - $25.18 $14.74 - $17.93 $21.44 - $26.07 $18.05 - $21.96 $15.03 - $18.26 $16.65 - $20.22 $18.61 - $22.62 $ 9.09 - $11.04 $10.07 - $12.28 $18.61- $22.62 $18.32 - $22.29 $18.44 - $22.41 $ 9.09 - $11.04 $17.47 - $ 21.23 $1562 -$1901 55A -31 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART -TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) CLASSIFICATION TITLE PARK MAINTENANCE ASST. PARK RANGER (PART TIME) PARK SECURITY GUARD PARKING METER MAINTENANCE AIDE PERMIT PARKING AIDE PLANNING TECHNICIAN POLICE RECORDS CLERK I POLICE RECORDS CLERK 11 POLICE SUPPLY CLERK PROGRAM COORDINATOR PROGRAM LEADER I PROGRAM LEADER II PUBLIC WORKS RECORDS ASSISTANT PURCHASING AGENT PURCHASING CLERK RIGHT OF WAYTECHNICIAN SENIOR ADMINISTRATIVE AIDE SENIOR CLERICAL AIDE SENIOR PROGRAM LEADER SPECIAL EMP. COUNSELOR I SPECIAL EMP. COUNSELOR 11 SPECIAL EMP. COUNSELOR 111 SPECIAL EVENTS LEADER I SPECIAL EVENTS LEADER 11 SPORTS ATTENDANT SR. LIBRARY ASSISTANT SR. MAINTENANCE AIDE I SR, MAINTENANCE AIDE II SR. MAINTENANCE WORKER SR, SPECIAL EMP. COUNSELOR SR. TUTOR STORES AIDE STRUCTURAL PLAN EXAMINER I STRUCTURAL PLAN EXAMINER II 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8111114 Hourly Salary Minimum - Maximum $15.62 - $19.01 $25.93 - $31.54 $18.70 - $22.76 $16.97 - $ 20.63 $19.89 - $24.19 $23.64 - $28.74 $16.06 - $19.53 $17.47 - $21.23 $17.52 - $21.31 $15.18 - $18.48 $ 9.09 - $11.04 $10.48 - $12.72 $22.16 - $26.95 $29.32 - $35.62 $18.49 - $ 22.46 $14.87 - $18.07 $25.90 - $31.48 $15.03 - $18.26 $12.41- $15.05 $ 9.95 - $12.09 $12.24 - $14.87 $13.78 - $16.74 $12.09 - $14.69 $14.74 - $17.93 $ 9.09 - $11.04 $19.16 - $23.28 $11.50 - $13.95 $13.03 - $15.86 $16.35 - $19.86 $14.87 - $18.07 $14.52 - $17.67 $17.16 - $20.84 $31.54 - $38.33 $33.77 - $41.03 55A -32 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART -TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8/11/14 Hourly Salary CLASSIFICATION TITLE Minimum - Maximum SUPERVISING PARK RANGER (PART TIME) $29.29 - $35.62 TUTOR $12.24 - $14.87 Footnotes * Title /Salary created effective 3/1115. «" This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -33 55A -34 EXHIBIT H CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN CLASSIFICATION TITLES FOR SEASONAL AND OTHER UNAFFILIATED CATEGORIES OF NON -CIVIL SERVICE PART -TIME EMPLOYMENT CLASSIFICATION TITLE ADMINISTRATIVE INTERN ANIMAL CONTROL OFFICER BACKGROUND INVESTIGATOR BUDGET INTERN COLD CASE INVESTIGATOR CORRECTIONAL SERVICES OFFICER ENGINEERING INTERN FINGERPRINT EXAMINER FORENSIC BALLISTICS TECHNICIAN JAIL TRANSPORTATION OFFICER LAW CLERK MANAGEMENT INTERN* POLICE CADET POLICE RESERVE LEVEL 1 ** POLICE RESERVE LEVEL 2 ** POLICE RESERVE LEVEL 3 ** POLICE RESERVE SERGEANT ** POLICE SPECIAL EVENTS OFFC. POLICE TRAINING FACILITATOR PROFESSIONAL STANDARDS INV REDEVELOPMENT PROJECT COORD SR. ADMINISTRATIVE INTERN STUDENT INTERN * ** 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 1/11/09 Hourly Salary Minimum - Maximum $12.23 - $14.88 $23.96 - $29.13 $28.45 - $34.60 $16.18 - $19.66 $28.45 - $34.60 $20.01 - $24.32 $16.18 - $19.66 $29.88 - $36.32 $24.56 - $29.87 $25.80 - $31.38 $15.10 - $18.35 $18.68 - $19.61 $10.19 - $12.43 $29.16 $20.83 $16.66 $32.08 $18.51- $22.53 $22.21- $27.00 $28.45 - $34.60 $42.06 - $51.11 $14.72 - $17.89 $ 9.00 - $10.93 Footnotes * Two Step Wage Rates. "* One Step Wage Rate. * ** Minimum Wage Step Increase Effective 4/1/14. This Classification and Pay Plan was adopted through Resolution on 2/3/15. 55A -35 55A -36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: 16, 2014 TITLE: REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES {STRATEGIC PLAN NO. 5, 1} _. 1 "I J/— / IT MANAG 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 CONTINUEDTO o2 -,Y /S FILE NUMBER 1. Review list of established Council Committees and recommend changes as needed. 2. Review list of appointees to Council Committees and recommend changes as needed. 3. Receive and file bylaws for the Development and Transportation Committee; Public Safety and Neighborhood Improvement; Parks, Recreation, Education & Youth (PREY) and Joint Santa Ana Unified School District; and Finance, Economic Development and Technology Council Committees. 4. Approve the 2015 calendar of Council Committee Meeting dates. DISCUSSION On January 22, 2013 the City Council approved Resolution No. 2013 -002 to restructure the Council Committees and establish five standing committees. Currently we have the following committees, appointees, and standing meeting schedule: CNERTRV C MT��E�3�is< EIIIIEI�` ,,, .f sIV�EET�NGCIpL� r - • Benavides Quarterly Development and Transportation Jan., April, July, Oct. Committee •Martinez •Sarmiento* 15t Thursday, 5:00 p.m. • Amez Amezcua* BI-Annual Meeting Code of Ethics and Conduct . ro Spring and Fall, Thursday, 5:30 p.m. 65A -1 Review City Council Committees December 16, 2014 Page 2 b" tin + MEMBERS M�ETINGSCNEDULE 60 w „ ,' „ .,..: Parks, Recreation, Education & Quarterly Youth (PREY) e Amezcua Jan., April, July, Oct. & Joint Santa Ana Unified School . Reyna Reyn District Council Committee ** a ro* m 4 Monday, 5:30 p.m. Public Safety/ a Martinez Every other Month Neighborhood Improvement / Code a Benavides* Jan., Mar., May, July, Sept., Nov. Enforcement (NICE) a Rayne 4th Tuesday, 5:30 p.m. e Sarmiento Every other Month Finance, Economic Development Jan., Mar., May, July, Sept., Nov. and Technology a Benavides e Martinez * 2nd Monday, 5:30 p.m. Quarterly Legislative Committee a Sarmiento* Mar., June, Sept., Dec. a Martinez 4th Wednesday, 12 noon Note: *Chairperson "Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. Also, at the Special City Council Meeting held April 8, 2013 the City Council requested that bylaws be prepared for all committees, and that on a regular basis the City Manager and City Council review the list of standing committees. Attached are copies of the bylaws for each Committee with the exception of the Code of Ethics and Conduct and the Legislative that are pending Committee review and approval. Lastly, the 2015 Calendar of meeting dates is attached for your review and approval. The calendar, once approved, will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Room 1600, 20 Civic Center Plaza, Santa Ana. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 65A -2 Review City Council Committees December 16, 2014 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachments: 1. Bylaws 2. 2015 Calendar of Meeting Dates 65A -3 65A -4 EXHIBIT 1 BYLAWS 65A -5 THE SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT & TRANSPORTATION BY — LAWS ARTICLE I — NAME The Committee shall be /mown as the Santa Ana City Council Committee on Development and Transportation. ARTICLE II - PURPOSE The Committee shall consider policy matters related to development and transportation issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect development and/or transportation issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to development and transportation. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COM,POSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice- Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately, Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -6 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. SECTION E — Closed Session Closed session meetings may be called by the Committee on Development and Transportation only, and no other City Council Committees, at the discretion of the Chair, or at the request of two (2) members, for the purpose of real property negotiations only, and for no other reasons. ARTICLE VI — PARLEVIENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V —ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 65A -7 THE SANTA ANA CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH BY —LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Parks, Recreation, Education and Youth ( "PREY "). ARTICLE II - PURPOSE The Committee shall consider policy matters related to parks, recreation, and education along with issues concerning youth, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, and other groups and interests in the City in regards to policies or projects that affect parks, recreation, education and youth related issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to parks, recreation, education and youth. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A - Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C- Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D - Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -8 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A - Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall, 2 °0 Floor Conference Room, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B - Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D - Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two (2) consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 2 65A -9 THE SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT BY — LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Public Safety and Neighborhood Improvement. ARTICLE II - PURPOSE The Committee shall consider policy matters related to public safety and neighborhood improvement issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect public safety and neighborhood improvement issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to public safety and neighborhood improvement. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -10 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be Police Community Room, Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: August 27, 2013. 65A -11 THE SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT & TECHNOLOGY BY -LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Finance, Economic Development, and Technology. ARTICLE II - PURPOSE The Committee shall be a vehicle for informational presentations as well as policy matter consideration related to finance, economic development, and technology issues, brought or referred by the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies that affect finance, economic development, and technology issues in the City of Santa Ana. The committee may provide comment and recommendations regarding information presented. The Committee may provide input and recommendations regarding the implementation of policies related to finance, economic development, and technology. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. 65A -12 SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held bi- monthly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, 20 Civic Center Plaza, Room 1600, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meetine Special meetings may be called at the discretion of the Chair, at the request of two (2) members, or at the request of the City Manager for the transaction of business as stated in the call for the meeting. SECTION C - Quor mn A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall be recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: .2014 2 65A -13 65A -14 EXHIBIT 2 2015 CALENDAR OF COMMITTEE MEETINGS 65A -15 Santa Ana Council Committee Meetings Schedule 2015 S M T W T F S 1 2 3 4 6 7 8 9 10 II N�Nl 14 15 16 17 19 19 20 21 22 23 24 25_ 27 28 _29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24.. 25 26 ® 28 29 30 JULY S M T W T F S 1 2 3 4 _ 5 6 7 8 9 10 11 12 ® 14 15 16 17 18 19 20 21 22 23 24 25 26 -718 29 30 3) UVIVtlGK S M T W T F S ® 2 3 4 5 6 7 8® 10 11 12 13 14 15 16 17 18 19 20 21 22 ® 24 25 ® 27 28 29 30 31 HOLIDAY -CITY HALL CLOSED _ CITY HALL CLOSED -9/80 WORK SCHEDULE S M T W T F S 1 2 3 4 5 6 7 8 9 10 _ 12 13 14 15 16 17 18 19 20 ® 22 23 24 25 26 27 28 29 30 ai AUGUST S M T W T F S I 2 3 4 5 6 7 8 9 10 II 12 13 ® 15 16 17 = 19 20 21 22 23 24 25 26 27 ® 29 30 31 NUV tMCtK S M T W T F S 1 2 3 4 5 ® 7 8 = 10 11 12 13 14 15 16 17 18 ® = 21 22 23 '24 25 26 27 28 oe va MARCH 5 M T W T F 5 1 2 3 4 5 6 7 8 = 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 = 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _ 25 26 27 28 29 30 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 f 11 12 13 ® 15 16 17 18 19 20 21 22 = 24 25 26 27 28 29 30 S M TVCy W,oCeT F S 1 2 3 6,1, 5 6 7 8 9 10 11 12 13 14 15 16 17 = 19 20 21 22 = 3A 1 25. 26 27 28 29 30 31 Council Committees - Standlna Meeflnas Dev. & Transp. Council Committee (DB, MM, VS) Meets Quarterly Public Safety Committee MM, DB, RR) Meets Every other Mo. - PREY (AA, RR, ST) Meets Quarterly _ Finance. Econ. Dev., &.Tech Committee (VS. DB, MM) Meets Every othe _ Legislative Committee (MM, VS) Meets Quarterly _Code of Conduct (AA, ST) Meets Semi - Annually Meetings listed on calendar are REGULAR meetings. Special Meetings may be scheduled 24 hours in advance (as permitted by the Brown Act). For a copy of Agenda and meeting location, please refer to City's website at: http:/ hvww. sonto- ono.org /city_meettngs.asp 65A -16 FEBRUARY S M T W T r S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S M T W T F S 1 2 3 4 5 6 7 8 9 10 _ 12 13 14 15 16 17 18 19 20 ® 22 23 24 25 26 27 28 29 30 ai AUGUST S M T W T F S I 2 3 4 5 6 7 8 9 10 II 12 13 ® 15 16 17 = 19 20 21 22 23 24 25 26 27 ® 29 30 31 NUV tMCtK S M T W T F S 1 2 3 4 5 ® 7 8 = 10 11 12 13 14 15 16 17 18 ® = 21 22 23 '24 25 26 27 28 oe va MARCH 5 M T W T F 5 1 2 3 4 5 6 7 8 = 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 = 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 _ 25 26 27 28 29 30 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 f 11 12 13 ® 15 16 17 18 19 20 21 22 = 24 25 26 27 28 29 30 S M TVCy W,oCeT F S 1 2 3 6,1, 5 6 7 8 9 10 11 12 13 14 15 16 17 = 19 20 21 22 = 3A 1 25. 26 27 28 29 30 31 Council Committees - Standlna Meeflnas Dev. & Transp. Council Committee (DB, MM, VS) Meets Quarterly Public Safety Committee MM, DB, RR) Meets Every other Mo. - PREY (AA, RR, ST) Meets Quarterly _ Finance. Econ. Dev., &.Tech Committee (VS. DB, MM) Meets Every othe _ Legislative Committee (MM, VS) Meets Quarterly _Code of Conduct (AA, ST) Meets Semi - Annually Meetings listed on calendar are REGULAR meetings. Special Meetings may be scheduled 24 hours in advance (as permitted by the Brown Act). For a copy of Agenda and meeting location, please refer to City's website at: http:/ hvww. sonto- ono.org /city_meettngs.asp 65A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: REVIEW OF REGIONAL BOARD APPOINTEES (STRATEGIC PLAN NO. 6, 1) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUEDTO 1 aY0 -/9• R -3 -15 FILE NUMBER Review the regional appointment list and recommend changes, as necessary. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of - regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The City Council recommended annual review of appointees and at their discretion make necessary changes. Exhibit 1 attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board. For discussion purposes, the following is a list of regional boards and appointing authority. ■ Metropolitan Water District* A board member is appointed by the majority of the City Council (member does not have to be an elected official). ■ Newport Bay Watershed Executive Committee* A board member and alternate is appointed by the majority of the City Council. ■ Orange County Sanitation District (OCSD) Board A board member and alternate are appointed by the majority of the City Council. ■ Orange County Vector Control* A board member is appointed by the majority of the City Council (member does not have to be an elected official). ■ Orange County Water District (OCWD) Board 6513-1 A board member is appointed by the majority of the City Council. ■ Orange County Council of Governments (OCCOG) SCAG nominates a member to OCCOG. ■ Orange County Fire Authority (OCFA) A board member and alternate is appointed by the majority of the City Council. Selection must be authorized by resolution. • Orange County Transportation Authority (OCTA) Board member appointed by the City Selection Committee which was established through Government Code § 50270, ■ Transportation System Improvement Authorities - Orange & Tustin (TSIA) A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. ■ Southern California Association of Governments (SLAG) District #16 A board member and alternate is appointed by the majority of the City Council. Mayor may nominate representative. • Transportation Corridor Agencies (TCA) — FoothilUEastern A board member and alternate are appointed by the majority of the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, / Clerk of the Council ATTACHMENTS: Exhibit 1 65B -2 a LL a� aW a* G7 In LL Op m J UZ _O is W 0: (0 EO N ° 0 �« C d' C' Q .10. E V " 7 >'L O N a) 0 7 E a) p ra L a) C a) CO C LO LL a) N C C L) a1 0 a1 N O C O i .L.. E c .L.. E c T N E -O r c E � E.0 , Z�V CL E� CL E� E ° E� C') °oc aa))�V m NUE a) ram �m c vm d rtir � U ' T o U a a a) o V a) @ > � N ° ° `�° C) CO '0 0 aS a) a, 'C aai ur c aa)) u! C U w -° ul @O M U >. 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L E 0 C �c as d— o O L :% 0 L U Nxy� �a' 0 O a 0 m w 0 0 0 O N ) 0 N N -0 O CD F REQUEST FOR COUNCIL ACTION FEBRUARY 3, 2015 TITLE: PARK RANGER /AMBASSADOR PROGRAM POLICY OPTIONS AND RECOMMENDATION FROM CITY MANAGER {STRATEGIC PLAN NO. 1, 1B} C/r1s',fi2.�s CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER City Manager recommendation of Option A is described below as well as two other options for City Council consideration. OPTIONS: A. Begin the Park Ambassador Program and the Police Department's Park Enforcement Liaison Program. B. Continue the existing armed Park Ranger Program. C. Begin recruitment of new armed Park Rangers such as retired Sheriff Deputies. DISCUSSION The Park Ranger Program began in 1981 and evolved from Rangers who carried no weapons to Rangers carrying guns beginning in 1991. In the last 10 years, crime in the city including crime in the parks has decreased. At the same time, the need to enhance customer relations with park and recreation users and the ability to immediately report on needed repairs, graffiti removal, and vandalism in the City's park and recreation facilities has increased. Quickly responding to park and recreation customer needs is a key strategy in keeping the park system safe and wholesome for the public. In the last 12 years there were several recruitment efforts to hire retired Police Officers as part time Park Rangers. Most of the applicants that applied and passed the background and got hired were retired Police Officers from the Santa Ana Police Department. The City currently has five 20 -hour part time Park Rangers that carry guns and report to the Parks and Recreation Agency. Four of the five Rangers are CalPERS retirees. In 2012 the City was put on notice by CalPERS that CalPERS retirees cannot be hired for more than a short temporary basis. The average employment service of the CaIPERS part time Park Rangers is seven and a half years. 65C -1 Park Ranger /Ambassador Options and City Manager Recommendation February 3, 2015 Page 2 In 2013 the City began making plans on developing a solution that would enhance the safety of the park and recreation system and at the same time enhance customer relations to the public. These planning efforts concluded and the recommended option (Option A) is to deploy the Park Ambassador Program and add a park enforcement focus area to the Police Department's Field Operations Special Enforcement Team. The job flyer for fifteen part time Park Ambassadors is attached. Funding for the part time Park Ambassadors is provided for in the FY 14 -15 approved Parks and Recreation Agency budget. Once the City Council approves the creation of the Park Ambassador Job Classification, Personnel Services will proceed in facilitating the selection of the Park Ambassadors. The one non CalPERS Park Ranger will be offered the opportunity to continue working on park and recreation customer relations. The four CalPERS retiree Park Rangers were given a 60 -day notice of termination with February 18 being their last day of employment. The Rangers have done an excellent job throughout the years. The most efficient way to continue and enhance the Ranger's law enforcement duties is to transfer this responsibility to the Police Department. Unity of command and follow up to crimes in parks such as investigating patterns of vandalism in the park system and other crimes will ensure safer park and recreational facilities. The Police Department has assigned a corporal as the full time Park Enforcement Liaison Officer who will take direction from the Department's Field Operations Special Enforcement Team. Safety and security of the City's park and recreation facilities will be enhanced through the benefit of the Police Department's resources such as dispatching of regular patrol services, horse patrol and crime analysis support. When the transfer of park law enforcement responsibilities from the Parks and Recreation Agency to the Police Department was discussed at the October 27 Parks, Recreation, Education, and Youth (PREY) Council Committee meeting, the Police Chief reported on a crime analysis study of calls for public safety services and self- initiated activity at City parks. An estimated 11,000 calls for services were received in the last five years with Santa Ana Police patrol officers handling 82% of those calls while the Park Rangers handled 18 %. This statistic confirms that the majority of Park Ranger duties do not involve public safety services. The full -time corporal assigned as the Park Enforcement Liaison Officer will help make sure that the parks and recreation facilities become even better served by Police services. In addition, efficient risk management of armed personnel should be under the Police Chief's direction. The City's resources for proper training and supervision of armed personnel are in the Police Department. A recent survey conducted by staff showed that this is the standard approach in all cities in Southern California. There are no armed park rangers in any city in Southern California except for three armed Park Rangers in the City of Long Beach and they now report to the Police Department. Option B, would require rescinding the 60 -day notice of separation to the four part time Park Rangers so they can continue to perform their duties. Whether they continue in Parks and 65C -2 Park Ranger /Ambassador Options and City Manager Recommendation February 3, 2015 Page 3 Recreation or begin working in the Police Department, the City would be in violation of the CalPERS rule that CalPERS employers should not hire for more than a short temporary basis any CalPER retiree. Continuing to keep the Rangers in the payroll system puts both the retiree and the City at risk. Option C would be to begin recruitment of part time Park Rangers that qualify to carry guns, are not CalPERS retirees, and report to the Police Department. While the recruitment is going on, the Police Department would be authorized to increase their use of overtime so that other Police personnel can help support the work of the Park Enforcement Liaison Officer. In addition, the fifteen Park Ambassadors, if approved, will support the monitoring and communication efforts of activity in the park system that is needed by the Police Department work at the parks, be it through the Park Enforcement Liaison Officer or the Park Rangers. Over 350 applications have been received for the Park Ambassador job opportunity. The steps to implement Option A or Option C would involve the Police Department working closely with the Parks and Recreation Agency to ensure all park users and neighborhoods are reached out to and communicated as to these new efforts. Both Police and Parks and Recreation will make sure that feedback from the community is taken into consideration as the deployment efforts of Option A or Option C takes place. STRATEGIC PLAN ALIGNMENT Affirming Option A or Option C allows the City to meet Goal #1 Community Safety and Objective #1, to modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety. The strategy (1 b.) will be supported so that that enhancement to the development of a community - policing plan based on community input to deliver crime prevention /community policing /traffic - pedestrian safety programs in a consistent and uniformed manner takes place. FISCAL IMPACT None. All options can be implemented within approved budget. Executive Director Director Parks, Recreation and Community Exhibit: Park Ambassador Job Bulletin 65C -3 65C -4 12/31/2014 Job Bulletin SANTA ANA, CITY OF (CA) invites applications for the position of: Park Ambassador (Bilingual - Spanish) (Part -Time) * SALARY: $15,62 - $19.01 Hourly OPENING DATE: 12/18/14 CLOSING DATE: Continuous TYPE OF RECRUITMENT: Open Competitive DESCRIPTION: Under general supervision, courteously and professionally interacts with residents, the general public, sports organizations, coaches, and sports participants at various City parks, trails, and recreational facilities to provide enhanced communication and services for the community, while focusing on preventing problems from occurring and promoting positive use of our parks system. The incumbent(s) will work an average of 20 hours per week. Work schedule is to be determined. This recruitment is open until filled and can close at any time and without warning, Bilingual pay is an additional $1.011hr. ESSENTIAL FUNCTIONS INCLUDE BUT ARE NOT LIMITED TO: • Monitors and provides supervision at City parks, trails, fields, and recreational facilities. • Provides excellent customer service and has detailed knowledge of Parks' programs and services, City parks, trails, and recreation facilities, • Acts as the park system's "eyes and ears" to quickly and efficiently report safety, programming, or maintenance issues to appropriate personnel to be taken care of. • Interfaces and works closely with the Police Department to report public safety problems; provides early notifications of park areas that might develop into public safety problems. • Regularly communicates with the Police Department's police officer assigned as the Park Enforcement Liaison Officer to enhance public safety while promoting early prevention of crime, deterring graffiti and vandalism, in support of the positive use of parks and recreation facilities. • Takes and administers reservations; opens and closes facilities such as athletic fields for reservations to take place; may set -up and tear down athletic field(s) when required; conducts regular inspections and reports hazardous or unsafe conditions of athletic facilities; monitors and enforces park rules as outlined in the S.A.M.C., Athletic Field Use Policies and Procedures and Synthetic Field Rules and Regulations; may assist with the maintenance and cleanliness of facilities, and with the inventory of restroom supplies. • Writes reports which may involve facility reservations and incident reports. • Participates cooperatively in work team activities. • Performs other related tasks as required. http ;llagency. governmen tjobs.com /sanmanaldefaul t.cfm ?action= ,lobbuil etin&Job]D= 1028699 65C -5 1/3 12/31/2014 Job Bulletin MINIMUM QUALIFICATIONS: At least one year of experience involving extensive public contact in customer service and security; or an equivalent combination of training and experience providing the knowledge and abilities listed as follows: Knowledge of: public relations; parks rules and regulations as outlined in the S.A.M.C., Athletic Field Use Police and Procedures, and Synthetic Field Rules and Regulations; sports facility management, automatic lighting systems, and sports field preparation. Abili to: perform assignments without close supervision; learn, interpret and explain specific regulations, policies and procedures; provide excellent customer service; be effective and respectful when communicating and interacting with the community and the general public, other employees, supervisors, and sports facility patrons; become familiar with representatives from each user group; exercise flexibility and sound judgment in confrontational situations that may arise; establish and maintain effective working relationships with other employees individually and in a work team. SPECIAL REOUIREMENTS: • Must be at least 18 years of age. • Must possess and retain a valid California Class "C" Driver's License as a condition of employment. • Education equivalent to high school graduation. • Bilingual in English AND Spanish is REQUIRED. • Basic skill in using a personal computer and Microsoft software programs. • Professional and courteous attitude in working with City staff and the general public. • May be required to work extended hours, including evenings, holidays and weekends. SELECTION PROCESS: All applicants are required to complete and submit a City application and Supplemental Application Form online. Resumes or faxed copies will not be accepted in lieu of the City online application. Applications must be submitted online. Click on the "Apply" link located at the top of this pa e. New users must create an account first. You may also visit www.govemmentjobs.com for more ulormatlon. Personnel Services and the Parks and Recreation Department will review all applications and those candidates who possess the most pertinent qualifications will be invited for an oral interview by the hiring agency. If you have any questions, please call Juan Lara at (714) 571 -4259 or Enrique Marban at (714) 571 -4254. *This newly created part time job classification and salary range are pending City Council approval. Prior to awointment a backeround records check and medical exam will be conducted. The City of Santa Ana is an equal of employer. If you consider yourself a person with a disability, you may contact us regar tngproviding reasonable accommodation. APPLICATIONS MAY BE FILED ONLINE AT: Job #PT 29 -15 PR htfn•Uisyw.ean a- am.nro PARK AMBASSADOR (BILINGUAL - SPANISH) (PART- TIME)* http: / /agency.govemmentj obs. com /santaanaJdefault.cfm?action =j obbut I ctin&Job[D= 1028699 65C -6 2/3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1501 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) (STRATEGIC PLAN NO. 6,1,13; 3,2,C) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended D As Amended ❑ Ordinance on i"Reading E Ordinance on 2 n Reading ❑ Implementing Resolution M Set Public Hearing For CONTINUED TO 6?-3 °/5` FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1501 North Bristol Street (APN 405 - 252 -20) declaring the public necessity and interest therefore. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians and parkways, and bike lanes, These improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also improve drainage through the installation of new storm drain improvements. To accommodate these improvements, acquisition of a portion of the parcel at 1501 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 14 months. A good faith offer was made on August 20, 2014, in the amount of $1,132,000 (Exhibit 2). The Public Works Agency has made, and will continue to make every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in early 2015, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75A -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1501 N. Bristol Street January 20, 2015 Page 2 of 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). 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 Statement / Environmental Impact Report (EIS No. 89 -01) approved in 1990 and in Addendum to FEIS /EIR adopted by council on June 3, 2014. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (Account 05917661- 66220) and Measure M2 Street Construction Fund (Account 03217662 - 66220). Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance & Management Services Agency 75A -2 4 (JTS ) 18TH STREET m m 0 M NO IMPACT 17TH STREET I 4&T41T lIC 405 - 252-21 MATCHLINE SEE TOP RIGHT —SUBJECT PROPERTY — ACOUIREO PROPERTIES MATCHLINE SEE BOTTOM LEFT EXHIBIT 1 WAASSHINGTON AVENUE SANTA ANNA TITLE ■ N W A ■ CITY COUNCIL PUBLIC HEARING - RESOLUTION AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND) 75A -3 1- = I.0 LU j w c� w .£. j � V I ° OZ I Q Q �f1 V! I M f 405-252 -22 I 4&T41T lIC 405 - 252-21 MATCHLINE SEE TOP RIGHT —SUBJECT PROPERTY — ACOUIREO PROPERTIES MATCHLINE SEE BOTTOM LEFT EXHIBIT 1 WAASSHINGTON AVENUE SANTA ANNA TITLE ■ N W A ■ CITY COUNCIL PUBLIC HEARING - RESOLUTION AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND) 75A -3 75A -4 City of Santa Ana RECEIPT OF OFFER PACKAGE Bristol Street Widening -Washington Avenue to Seventeenth Street Parcel File No. 405 - 252 -20 Owner(s) of Record: MC DONALD'S CORPORATION, DBA DELAWARE MCDONALD'S CORPORATION SUCCESSOR IN INTEREST BY MERGER TO FRANCHISE REALTY INTERSTATE CORPORATION, AN ILLINOIS CORPORATION, AS TO PARCELS C AND D and MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AS TO PARCELS A AND B Additional Owner (s) of Record: Property Address: 1501 N. Bristol Street Santa Ana, CA This is to acknowledge receipt of the offer package containing the following items: Updated Offer letter dated June 18, 2014 which includes: • Property Legal Description (Attachment 1) • Statement of Just Compensation (Attachment 2) • Summary Explanation Statement (Attachment 3) City of Santa Ana Handbook on Acquisition McDonald's Corporation Exhibit 2 75A -5 Date MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento June 18, 2014 McDonald's Corporation 1501 N. Bristol Street Santa Ana. CA 92706 CITY OF SANTA ANA 20 Civic Center Plaza o P.O. Box 1988 M -21 Santa Ana, California 92702 w .sante- ana.oro CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Via Certified Mail SUBJECT: UPDATED OFFER TO ACQUIRE A PORTION OF THE PROPERTY LOCATED AT: 1501 N. BRISTOL STREET, SANTA ANA, CA APN: 405 - 252 -20 Dear Property Owner: The City of Santa Ana ( "City ") is proceeding with its plans to construct Phase IIIB of the Bristol Street Widening Project between Washington Avenue and Seventeenth Street. The City obtained a preliminary title report that lists McDonald's Corporation, DBA Delaware McDonald's Corporation successor in interest by merger to franchise realty interstate corporation, an Illinois Corporation, as to parcels C and D & McDonald's corporation, a Delaware Corporation, as to parcels A and B, to be the vested owners of the above - mentioned property. The City seeks to acquire a portion of the property located at the above - mentioned address, which consists of the underlying real property of 4,550 square feet and the improvements thereon, as described in Attachment 1. The area to be acquired is referred to herein as the "Property ". Based on McDonald's Corporation's desire to reconfigure and re -build on the remainder of their site, the City rescinds and replaces the City's Offer to acquire the entire property dated October 1, 2013 and makes an offer for a partial take instead which contemplates the relocation of McDonald's onsite. THIS OFFER IS CONTINGENT ON THE PARTIES REACHING AGREEMENT AS TO THE VALUE OF THE PARTIAL TAKE AND CONCURRENT AGREEMENT TO RECONFIGURE AND REBUILD ON SITE. Due to project schedule constraints, the City needs an answer to this concept within 30 days. If McDonalds is agreeable to this concept, the parties will need to meet immediately to finalize the timeline required to reach a final resolution. The City needs to begin construction by March 2015 and therefore time is of the essence in terms of reaching a final agreement. If the City and McDonald's cannot come to an agreement regarding the partial take acquisition, the City reserves the right to acquire the entire site for construction of the street improvement project and a new offer will be made consistent with a full take. 75A -6 Page 2 No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the portion of your Property for $1,132,000. The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement. If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 2. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 3. Please let us know prior to July 19, 2014 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code § §1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call me at (714) 647 -5664. Sincerely, Jason Gabriel Principal Engineer 75A -7 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 9 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: LOTS 11 AND 13 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10, WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF BRISTOL STREET DISTANT THEREON 660 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12, THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60 FEET; THENCE SOUTHERLY PARALLEL WITH SAID CENTER LINE OF BRISTOL STREET, 50 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60 FEET TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY ALONG SAID CENTER LINE, 50 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF BRISTOL STREET, DISTANT THEREON 710.00 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12; THENCE EASTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION; THENCE SOUTHERLY 125.02 FEET PARALLEL WITH THE SAID CENTER LINE OF BRISTOL STREET; THENCE WESTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY 125.02 FEET ALONG SAID CENTER LINE OF BRISTOL STREET TO THE POINT OF BEGINNING. 75A -8 ATTACHMENT 75A -9 405- 252 -20 Assessor's Parcel: Property Owner: McDonald's Corporation, a Delaware Corporation Property Address: 1501 North Bristol Street Santa Ana, California Location of Parent Property: East side of Bristol Street, beginning 460± south of 17`h Street, within the City of Santa Ana Description of Parent Property: The property is presently improved with a fast food restaurant of wood frame and stucco construction. The building contains 2,510 square feet, has additional basement storage area, and was originally constructed in 1988±. Other appurtenant on -site improvements located within the boundaries of the subject parcel include a trash enclosure, asphalt paving, concrete paving, concrete curbing, concrete block walls, wrought iron fencing, business signage, metal bollards (auto stops), concrete auto stops, marked automobile parking spaces, and irrigated landscaping. The development is situated on a parcel containing 40,501 square feet of land area. Zoning: C -5 (arterial commercial) Topography: Effectively level topography Utilities: In place at site Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial use As improved: Existing use Date of Value: January 8, 2014 Public Use for Property: Bristol Street Widening Improvement Project Estate to be Acquired: Permanent (perpetual) roadway easement Legal Description: The legal description of the acquisition area was prepared by Bickel Underwood, Architects. Area to be Acquired: Permanent roadway area: 4,550 square feet Total Just Compensation: $1,132,000 75A -9 SUMMARY OF THE BASIS FOR JUST COMPENSATION The purpose of the appraisal study is to express an estimate of total just compensation applicable to the proposed partial acquisition of the subject parent property. Just compensation is based on a quantitative measure of market value. Market value is defined in The California Code of Civil Procedure, §1263.320, as: "(A) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (B) The fair market value ofproperty taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. " Additionally, Section 1263.330 provides that the fair market value shall not include an increase or decrease in value attributable to the project for which the property is to be acquired. Accordingly, the subject property has been appraised absent any influence of the proposed freeway interchange improvement project. There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost - Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed take area as well as in the "after" condition analysis. The Sales Comparison Approach and Income Capitalization Approach have been applied to the subject parent property for the purpose of estimating the unencumbered fee simple market value as presently improved with the fast -food restaurant facility. Certain elements of the Cost - Summation Approach have been employed herein for the purpose of estimating the contributory value of existing improvements impacted by the partial acquisition. Value of Parent Property before Taking: Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution. " Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. 75A -10 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) The Sales Comparison Approach was utilized to estimate the value of the subject land parcel after an investigation and analysis was conducted of recent sales involving reasonably comparable land parcels within the greater subject market area. Land Value: Following is a summary of the sales considered helpful when estimating the value of the subject land, as if vacant and available for a highest and best use development. Street Data Date Zoning Land Size Alley Corner Frontage Sale Price $ Per SF A. 2 -13 CR 34,412 sf no yes 240 feet $ 975,000. $28.33 SWC Katella Ave. and Batavia St., Orange B. 3 -13 C -2 25,210 sf no yes 330 feet $1,000,000. $39.67 SEC First St. and Newhope St., Santa Ana C. 6 -13 C -2 27,443 sf no yes 315 feet $1,099,000. $40.05 NEC Garden Grove Blvd. and Adelle St., Garden Grove D. 7 -13 C -1 36,296 sf no yes 230 feet $1,900,000. $52.35 SWC Westminster Ave. and Hope St., Garden Grove E. 8 -13 SP92 -2 57,160 sf no no 275 feet $2,800,000. $48.99 S/S Ball Rd., 132±' E/O West PI., Anaheim F. 11 -13 C -1 14,866 sf no yes 225 feet $ 700,000. $47.09 NWC Euclid St. and Fourth St., Santa Ana The properties surveyed are located within the general subject vicinity, and represent the most recent comparable land sales available for analysis. The properties range in size from 14,866 to 57,160 square feet of land area. The overall purchase prices range from $700,000 to $2,800,000, reflecting a relatively wide range of value between $28.33 and $52.35 per square foot of land area; the predominant range is between $39.67 and $48.99. Certain of the land sales data considered extended over a time period back to the first quarter of 2013. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between February 2009 and November, 2013. Differing market conditions were considered in the analysis of the individual sale properties. 75A -11 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Land Value: (Continued) After viewing all of the sale properties, and obtaining certain information pertinent to land value, the appraiser analyzed the various elements of comparability for each sale property (as compared to the subject property) which, among others, include the following: General location Zoning, entitlements, if any Immediate environmental influences Size, shape, and plottage Accessibility Topographical characteristics Public utilities and sanitary sewer Site prominence /exposure A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, immediate environmental influences, development density, vehicular accessibility, site conditions, site prominence /exposure, and land plottage were considered the most important factors in the subject case. All of the sale transactions employed herein were considered helpful in the land valuation analysis of the subject property. The purchase price per square foot of land area has been utilized herein as the primary indication of value inasmuch as it is most commonly utilized by market participants. The properties have been compared to the subject property with respect to the various elements of comparability. Following is a summary relating the overall comparability of the individual sale properties employed in the subject land value analysis. Continued .. . 75A -12 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Land Value: (Continued) After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for a highest and best use development, is estimated at $45.00 per square foot of land area, as follows: 40,501 SF @ $45.00 = $1,822,545 Value as Improved: Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved with the fast food restaurant facility. Land Size Corner Zoning Land /Bldg. $ /SF Land Data Date Bldg Size Built Drive- throueh Ratio Sale Price $ /SF Bldg. 1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17 2,400 sf 1979 yes $802.08 4501 Jamboree Road, Newport Beach 2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38 3,465 sf 1998 yes $748.92 2100 East 176' Street, Santa Ana 3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $110.14 3,600 sf 1965 yes $752.78 222 North Euclid Street, Fullerton 75A -13 Overall Data Comparability Per SF A inferior $28.33 B inferior $39.67 C similar $40.05 Subject - - - - $45.00 F similar $47.09 E similar $48.99 D superior $52.35 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for a highest and best use development, is estimated at $45.00 per square foot of land area, as follows: 40,501 SF @ $45.00 = $1,822,545 Value as Improved: Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved with the fast food restaurant facility. Land Size Corner Zoning Land /Bldg. $ /SF Land Data Date Bldg Size Built Drive- throueh Ratio Sale Price $ /SF Bldg. 1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17 2,400 sf 1979 yes $802.08 4501 Jamboree Road, Newport Beach 2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38 3,465 sf 1998 yes $748.92 2100 East 176' Street, Santa Ana 3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $110.14 3,600 sf 1965 yes $752.78 222 North Euclid Street, Fullerton 75A -13 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) Land Size Corner Zoning Data Date Bldg. Size Built Drive - through 4. 3 -13 24,416 sf yes PR 3,050 sf 1963 yes 171 ,East Is` Street, Tustin 5. 8 -13 29,708 sf no CT 3,846 sf 2000± yes 26801 Aliso Creek Road, Aliso Viejo 6. 10 -13 32,485 sf no C -2 4,006 sf 2008 yes 2511 South Bristol Street, Santa Ana Land/Bldg. $ /SF Land Ratio Sale Price $ /SF Bldg. 8.01:1 $1,900,000. $ 77.82 $622.95 7.72:1 $3,194,500. $107.53 $830.60 8.11:1 $2,510,000. $ 77.27 $626.56 The improved properties surveyed contain fast food restaurant buildings ranging in size from 2,400 to 4,006 square feet. The buildings were constructed between 1963 and 2008, and are situated on parcels ranging in size from 24,416 to 33,106 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. The overall purchase price has been utilized as the primary unit of analysis in the Sales Comparison Approach. Secondary consideration has been assigned to the price per square foot of land area and purchase price per square foot of building area. The overall purchase prices range between $1,900,000 and $3,194,500, reflecting $64.17 to $110.14 per square foot of land area and $622.95 to $830.60 per square foot of building area. As in the case of the previous land value analysis, differing market conditions were considered in the analysis of the improved fast food restaurant properties. Certain of the improved sales data considered extended over a time period back to the last quarter of 2012. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and tools place between November, 2012 and October, 2013. Inasmuch as the sales tools place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: 75A -14 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) General location Immediate environmental influences Zoning Vehicular and pedestrian access Vehicular and pedestrian traffic Building size /features Building age and condition Construction type and quality Availability of public alley Overall developability Site frontage /depth ratio Site prominence and exposure Proximity to freeway Building remodeling, if any On -site parking capacity Extent of other on -site improvements As discussed in the previous land value analysis, a Relative Comparison Analysis (RCA) has been conducted between the individual comparable improved properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. As stated, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age /condition, as well as site prominence /exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. The sale properties employed herein are considered having generally similar marketability as the subject property. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land/building area ratio. The sale properties have ratios ranging between 6.84:1 and 12.50:1. The subj ect property has a ratio of 16.14:1. All of the sale properties employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Continued .. . 75A -15 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square foot of building area exceeds the value range indicated by the sale properties due primarily to the higher land/building area ratio of the subject facility. It may be of interest to note that the unit rate per square foot of land area is supported by the comparable sale properties. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy /credit loss and various expense charges. The income /expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 2,510 SF @ $4.65 = $11,672 Total gross annual income: $11,672 x 12 = $140,064 Vacancy and credit loss (1.5 %): - 2,101 Effective gross annual income: (carried forward) $137,963 Continued .. . 75A -16 Overall Data Comparability Sale Price 4 inferior $1,900,000 1 inferior $1,925,000 6 inferior $2,510,000 2 similar $2,595,000 Subject - - - - $2,700,000 3 similar $2,710,000 5 superior $3,194,500 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square foot of building area exceeds the value range indicated by the sale properties due primarily to the higher land/building area ratio of the subject facility. It may be of interest to note that the unit rate per square foot of land area is supported by the comparable sale properties. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy /credit loss and various expense charges. The income /expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 2,510 SF @ $4.65 = $11,672 Total gross annual income: $11,672 x 12 = $140,064 Vacancy and credit loss (1.5 %): - 2,101 Effective gross annual income: (carried forward) $137,963 Continued .. . 75A -16 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Income Capitalization Approach: (Continued) Effective gross annual income: (brought forward) Annual expenses: $ /SF % EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 1.65 3.0% 4,140. Legal and accounting: 0.24 0.4% Maintenance /repairs: 0_40 0.7% 1,000. $2.29 4.1% Total annual expenses: Net operating income: Capitalization of net income: $132,223 capitalized at 4.75% _ Reconciliation: Value indicated by Sales Comparison Approach: Value indicated by Cost - Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Market Value (Before Condition): $137,963 .11 - 5,740 $132,223 $2,783,642 Adjusted: $2,785,000 $2,700,000 Not applicable $2,785,000 Based on the foregoing, the market value of the unencumbered fee simple interest in the subject property, in as -is condition, exclusive of non - realty fixture /equipment items, is estimated at $2,750,000. Value of Part Taken as Part of Whole, Before Taking: The subject parent property is presently improved with a fast food restaurant facility containing 2,510 gross square feet of building area, originally constructed in 1988±. Other appurtenant on -site improvements located within the boundaries of the subject parent property include a trash enclosure, asphalt paving, concrete paving, concrete block walls, wrought iron fencing, concrete curbing, business signage, parking lot signage, metal frame light standards, metal bollards (auto stops), concrete auto stops, marked automobile parking spaces, in- ground irrigation system, and ornamental landscaping. 75A -17 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Part Taken as Part of Whole, Before Taking: (Continued) In summary, the purpose of the public project is for the widening of Bristol Street to its ultimate right- of-way width. The project, as it relates specifically to the larger parent property, entails the acquisition of a permanent roadway easement containing 4,550 square feet of land area. Existing improvements impacted by the project include a portion of the main building, concrete paving, asphalt paving, concrete curbing, various business and parking signage, marked parking spaces, irrigated landscaping, etc. A compensation allowance has been included herein for all improvements impacted by the partial acquisition. As previously stated, the Sales Comparison Approach has been employed herein to estimate the underlying land value of the larger parent property. The acquisition area has been considered and analyzed as part of the larger parent ownership. The fee simple land value applicable to the parent property was estimated at $45.00 per square foot of land area. Compensation for on -site improvements is based on the replacement cost new, less accrued depreciation. The unit rates applicable to the improvements are based on development projects wherein actual rates for a like improvement were available for review. A national cost service providing building costs for a wide variety of construction classes and materials has also be consulted as a secondary check. The overall unit rates applicable to the improvements include labor and material costs, as well as indirect costs such as management and supervision. It should be noted that the value of landscaping is based on its contributory value to the larger parent property. The value of the part acquired, considered as part of the whole parent ownership, before acquisition is estimated as follows: Continued ... 75A -18 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Land: Roadway area: 4,550 SF @ $45.001 = $204,750 Improvements within roadway area: Portion of main building: 588 SF @ $ 175.002 x 83%' _ $85,407 Concrete paving: 288 SF @ $ 8.952 x 83 %' = 2,139 Asphalt paving: 1,870 SF @ $ 6.752 x 83 %5 = 10,477 Concrete curbing: 810 LF @ $ 18.502 x 83 %' = 12,438 Parking sign: 3 qty. @ $ 1,150.002 x 83 %' = 2,864 Metal frame light standards: 2 qty. @ $ 2,250.002 x 83 %' = 3,735 Monument sign: I qty. @ $18,500.002 x 83 %' = 15,355 Parking spaces: 14 qty. @ $ 15.002 x 83% ' = 174 Flag pole: 1 qty. @ $ 1,650.002 x 83 %' = 1,370 Irrigation system: 4,750 SF @ $ 1.152 x 83 %' = 4,534 Landscaped area: 4,750 SF @ $ 6.50' = 30,875 Subtotal, improvements: 169,368 Total value of part taken (land, improvements): $374,118 Unencumbered fee simple value of the subject underlying land parcel z Replacement cost new, inclusive of direct costs, indirect costs and entrepreneurial profit ' Accrued depreciation based on an effective age of 5 years, and remaining life of 30 years, or (5/30) 17 %, reciprocal employed above 'Estimated value of landscape improvements based on their contributory benefit to the existing parent development 75A -19 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Remainder, Before Taking: The value of the remaining portion of the subject parent property, after acquisition, before consideration of severance damages and project benefits, is estimated as follows: Value of parent property, before taking: $2,750,000 Less value of part taken (land, improvements): - 374.118 Value of remainder, after acquisition, before consideration of damages and benefits: $2,375,882 Value of Remainder, After Taking: In the "after" condition, the underlying land parcel will contain 3 5,95 1 square feet of land area, net of Bristol Street. Other land features such as topography, drainage, effectively land shape, and highest and best use remain unchanged. The site will have continued reasonable vehicular /pedestrian access along Bristol Street. As discussed, the main fast food restaurant building and a significant portion of on -site improvements will be demolished and removed from the site as a result of the street widening project. While certain on -site improvements such as paving, landscaping, concrete curbing, etc., will remain within the remnant parcel, the value of same is judged relatively nominal in a highest and best use context. The subject remainder parcel has been considered and appraised herein as if vacant and readily available for development. The value of the remaining portion of the subject parent property, after acquisition, before consideration of severance damages and project benefits, is estimated by way of the Sales Comparison Approach. The fee simple land value was estimated in the previous portion of this section at $45.00 per square foot of land area. Said rate remains unchanged in the "after" condition. The value of the remainder parcel is as follows: 35,951 SF @ $45.00 = $1,617,795 Permanent Severance Damages: Severance damages are defined in Real Estate Valuation in Litigation, published by The Appraisal Institute, Page 289, as "the diminution of the market value of the remainder area, in the case of a partial taking, which arises (a) by reason of the taking (severance) and /or (b) the construction of the improvement in the manner proposed. " Considering the foregoing with respect to (1) before condition, (2) analysis of the part taken, and (3) conditions after the taking, severance damages will incur to the remainder as a result of the proposed taking. Specifically, value diminution results from the permanent elimination of the main fast food restaurant building and resultant loss of future rental income. 75A -20 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Permanent Severance Damages: (Continued) Monetary compensation applicable to severance damages reflects the difference between the value of the remainder as part of the whole, and the value of the remainder after acquisition, before consideration of benefits, as follows: Value of remainder, before taking: $2,375,882 Value of remainder, after taking: -1,617,795 Indicated severance damages: $ 758,087 Project Benefits: Qualitative benefits to the general community in the "after" condition include the upgrading of street improvements as well as increased roadway capacity and improved circulation resulting in enhanced aesthetics and safety conditions for vehicular and pedestrian traffic. Project benefits, relating specifically to the subject parent property, are not monetarily quantifiable. Recapitulation: Based on the foregoing, the total just compensation applicable to the partial acquisition of the subject parent property, as of January 8, 2014, is estimated as follows: Land value: $ 204,750 Improvements: 169,368 Total value of part taken (land, imps.): $ 374,118 Severance damages: Value of remainder, before taking: $2,375,882 Value of remainder, after taking: -1,617,795 Total: $ 758,087 Project benefits (none quantifiable): 00 Net severance damages: 758,087 Total just compensation: $1,132,205 Adjusted: $1,132,000 75A -21 ATTACHMENT G • ►iCfiF�f���� SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and /or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ( "City') for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee /tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and 75A -22 ATTACHMENT APN: 405 - 252 -20 Page 2 d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 5. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. e. 75A -23 75A -24 JXS /1 /20/15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF THE REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1501 N. BRISTOL STREET (APN 405 - 252 -20) 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 on January 20, 2015, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters; A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), together with the accompanying statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement /summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire a portion of the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQX) and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact ReporUEnvironmental Impact Statement EIR No. 89 -01 and all Exhibit 3 Resolution No. 2015 - Page 1 of 6 75A -25 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of a portion of the real property located at 1501 N. BRISTOL STREET (APN 405- 252 -20) in the City of Santa Ana, California consisting of approximately 4,550 square feet of property to be acquired in fee title. The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase IIIB of the Bristol Street Widening Project ( "the Project "). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41-781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and other applicable law. Resolution No. 2015 - Page 2 of 6 75A -26 JXS /1 /20/15 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about October 1, 2013 and an updated offer on August 20, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, a portion of the property in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use t0 which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. 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 , 2015. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By J Sandoval - ief Assistant City Attorney Miguel A. Pulido Mayor 75A -27 Resolution No. 2015 - Page 3 of 6 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. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2015 - Page 4 of 6 Clerk of the Council City of Santa Ana 75A -28 JXS /1 /20/15 EXHIBIT "A" RIO 1432.12 (D) 06.30.14 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY DEDICATION A.P. NO. 405-252-20 Those portions of Lots 9, 11 and 13 of "A Subdivision of West 3 AC. of South 6 AC, of the NW V4, NW %, - NW %4 Sec. 12 TWP, 5 S, —R10W" in the City of Santa Ana, County of Orange, State of California as shown on the map filed in Book 3, Page 12 of Records of Survey in the Office of the Comity Recorder of said County, together with a portion of the Northwest Ono Quarter of the Northwest Cue Quarter of Section 12, Township 5 South, Range 10 West, in the land allotted to Jacob Ross in the decree of partition of the Rancho Santiago De Santa Ana, recorded in Book 3 of Judgements of the 17'h Judicial District Court of California, described as a whole as follows: Commencing at the intersection of the centerline of Bristol Street and the centerline of Seventeenth Street as shown an said Record of Survey; thence along said centerline of Bristol Street South 00 000'0" West 660,00 feet to tiro Northwest corner of the land described as Parcel 1 in that certain Grant Deed recorded January 2l, 1980, in Book 13474, Page 1154, of Official Records in the office of said County Recorder, thence Ieaving,said centerline along the Northerly line of said Parcel 1 North 89 016'10" East 50.00 feet to a line parallel with and 50.00 feet Easterly of said eenterlhre of Bristol Sheet, also being the TRUE POINT OF BEGINNING; thence leaving said Northerly along said parallel line South 00 °00'00" West 175.02 foot to the Southerly line of the land described as Parcel 2 in said Grant Deed, thence leaving said parallel line along said Southerly lane North 89 016'10" East 14.00 feet to a line parallel with and 64.00 feet Easterly of said centerline of Bristol Street; thence leaving said Southerly line along said parallel line North 00 °00'00" East 329,02 feet to the Northerly llne of said Lot 9, thence leatving said parallel line along said Northerly line South 89°1610" West 14.00 feat to first said parallel line; thence leaving sold Northerly Tine along said parallel line South 00 000'00" West 150.00 feet to the TRUE POINT OF BEGINNING. Containing an area of 0.104 acres (4,550 square feet), more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -wary and easements, if any, of record, All as shown on Exhibit "B" attached hereto and by this raferenco made a part hereof JAMES I,. C}ARVIri, PLS 63 <I3 g10.1ar9] ?,IP /W /ttighroN'AiY Ddk,lin V h)dm 75A -29 Resolution No, 2015 - Page 5 of 6 O i _N89700 "E _ SEVENTEENTH STREET _ _L___ IV i 1 40' I4it+ IPO B'r0"E �=WN'LY LINE Lor 9 T .^ •�.. � o 2•FI . J J. t T1 Ip .0,104 ACRES l 1�t ____- - 19 CCRNa �' -_ N'LY LINE I 4RCEL r ,, °o PARCEL I PARCEL v o z M off. vsfln, a Goa Yla4°, a.m. z ^ amc. 50' f �. PUCK 2 raoo' G.3o -aoic EXFIIB(T `8' nYµifii ay SANTA ANA PWA FYiLl: �9tti A<EXCY Resolution No. 2015 Page 6 of 6 A,P. N0. 405- 252 -20 SKETCH TO ACCOMPANY LEGAL DESCRIPTION o: �xox•uarz\,trAPror4azre�Nwc�Ex1 ra4azlz�erovpv�c 75A -30