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Home My WebLink About FULL PACKET_2016-10-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 4, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:27 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (5:47 p.m.) P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (5:39 p.m.) COUNCILMEMBERS Absent: SAL TINAJERO 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 5:28 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Matt Chou, et al. v. City of Santa Ana, et al. United States District Court Case No. SA CV 15 -00941 CITY COUNCIL MINUTES 1 OCTOBER 4, 2016 1 0A -1 b. 1901 First Street Owner. LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30- 2015 - 00803234 -CU -WM -CJC c. 1901 First Street Owner LLC v. City of Santa Ana, Orange County Superior Court Case No. 30- 2016 - 00876616 -CU -CR -CJC 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Case CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:59 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 0A -2 OCTOBER 4, 2016 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:01 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO ROGER ARAGON, POLICE CHAPLAIN SPECIAL PRESENTATION by the City of Santa Ana of the "Student Ambassador Competition" a partnership with Santa Ana Unified School District and Santa Ana College to engage youth voters and increase civic participation. EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Deborah S. Knight, Principal Programmer Analyst, Information Technology PROCLAMATION presented by MAYOR PRO TEM SARMIENTO declaring October 9- 16, 2016 as Fire Prevention Week in Santa Ana. CITY COUNCIL MINUTES 3 OCTOBER 4, 2016 1 0A -3 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to the following individuals in recognition of their commitment and outstanding service as a Board Member on a City Commission: Bruce T. Bauer; Marlene Buitron; Diego Gomez; Frank J. Gutierrez; Daniel Oregel; Jose Luis Tapia; Mike Tardif; Dennis W. Wootan. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Santa Ana Building Healthy Communities in recognition of their commitment to addressing health inequities and improving opportunities. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Blinking Owl Distillery in recognition of being the first distillery in Orange County. PROCLAMATION presented by COUNCILMEMBER REYNA to Sylvia Mendez and the Mendez Family commemorating and honoring them during the National Hispanic Heritage Month for their work to end segregation for all Americans. CLOSED SESSION REPORT - Nothing to report. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A, with the following modifications: • Councilmember Martinez pulled Agenda Items 25C, 25D, and 25F for separate action. • Councilmember Benavidez pulled Agenda Item 22B for separate action; and requested reconsideration of vote for Agenda Items 13A and 19B. MOTION: Amezcua SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 4 OCTOBER 4, 2016 1 0A -4 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 20, 2016 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. BOARD / COMMISSION / COMMITTEE MOTION RECONSIDERED: Appoint Anais Benavides to the Youth Commission (Ward 4 resident; replacing T. Reyes). MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS ADMINISTRATION SECOND: Reyna Amezcua, Martinez, Pulido, Reyna, Sarmiento (5) None (0) Benavides (1) Tinajero (1) 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. ' E CUBj =t ABSENCES - Clerk of thre Counoi) Office MOTION: Excuse the absence of Councilmember Tinajero from said meeting. CITY COUNCIL MINUTES 5 OCTOBER 4, 2016 1 0A -5 MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR SEPTEMBER 2016 {STRATEGIC PLAN NO. 5, 1) - Public Works Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENT 20A. AGREEMENT TO RECEIVE STATE OFFICE OF TRAFFIC SAFETY GRANT FUNDS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM (PROJECT NO. 17 -6884) {STRATEGIC PLAN NO. 1, 3131 - Public Works Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -040 - Recognize State of California Office of Traffic Safety Public Education on Bicycle Safety grant funds in the amount of $158,000 in the OTS -PWA Traffic Safety Grants revenue account and appropriate the same to the OTS- Bicycle Safety PWA expenditure accounts. 2. AGMT NO. 2016 -278 - Authorize the City Manager or his designee and the Clerk of the Council to execute an agreement with the State of California Office of Traffic Safety, for a one -year term beginning October 4, 2016 through October 3, 2017, in an amount not to exceed $158,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 6 OCTOBER 4, 2016 1 0A -6 SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -099 - PURCHASE AND INSTALL ENERGY - EFFICIENT LIGHTING AND HEATING, VENTILATION AND AIR CONDITIONING (HVAC) CHILLED WATER PUMP AND APPROVE SOUTHERN CALIFORNIA EDISON NO- INTEREST ON -BILL FINANCING LOAN (STRATEGIC PLAN NO. 4 3D AND 6 2A) — Finance and Management Services Agency MOTION: 1. Authorize a one -time purchase and payment of purchase order to JF Electric to provide and install advanced energy efficient lighting and a heating, ventilation and air conditioning (HVAC) chilled water pump with variable speed drive at the Main Library in an amount not to exceed $186,538, which includes $7,150 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2016 -279 - Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison (SCE) to provide a $152,649 no- interest On -Bill Financing loan and $33,889 in incentives to fund Spec. No. 16 -099 subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Authorize a one -time purchase and payment of purchase order to Fairway Ford Sales, Inc. in an amount not to exceed $898,612 plus a contingency of $44,930 for a total amount of $943,542, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: SECOND: Martinez Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Martinez, Pulido, CITY COUNCIL MINUTES 7 OCTOBER 4, 2016 1 0A -7 ABSENT: Tinajero (1) 22C. SPEC. NO. 16 -081 — REPLACE HEATING VENTILATION AND AIR CONDITIONING (HVAC) CONDENSER AT NEWHOPE LIBRARY {STRATEGIC PLAN NO. 6, 1 G, 2A} - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Marine Air, Inc. in an amount not to exceed $38,500, which includes a 5% contingency, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGMT NO. 2016 -280 - MEMORANDUM OF UNDERSTANDING TO PROVIDE ONSITE ELIGIBILITY SERVICES FOR ENROLLMENT INTO JOB CORP PROGRAMS {STRATEGIC PLAN NO 2, 4) - Community Development Agency MOTION: Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Understanding with Cornerstone Solutions, Inc. for a term beginning October 4, 2016 through June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. 457 DEFERRED COMPENSATION SERVICES {STRATEGIC PLAN NO. 7, 4) - Finance and Management Services 25C. MOTION: 1. AGMT NO. 2016 -281 - Authorize the City Manager and Clerk of the Council to execute an agreement with Empower, formerly known as Great -West Financial, for an initial 10 -month period expiring July 31, 2017, with a provision for a two -month extension expiring September 30, 2017, exercisable by the City Manager and the City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize staff to issue a Request for Proposal for Deferred Compensation Services. CITY COUNCIL MINUTES 8 OCTOBER 4, 2016 1 0A -8 Councilmember Martinez, noted for the record the importance of using recycled water. MOTION: Continue consideration of matter for 2 weeks. MOTION: Pulido SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None ABSTAIN: None (0) ABSENT: Tinajero (1) City Manager Cavazos, indicated that facility does indeed use certain percentage of recycled water, as required. City Council motioned to reconsider approval of item. MOTION RECONSIDERED: Authorize the City Manager and Clerk of the Council to execute a three -year agreement from October 4, 2016 through November 1, 2019 with Rose Equipment Repair in a total amount not to exceed $185,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Reyna Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) Martinez (1) None (0) Tinajero (1) CITY COUNCIL MINUTES 9 OCTOBER 4, 2016 1 0A -9 Councilmember Martinez, expressed concern with hiring of former City employee with past poor representation on behalf of the City; Mayor Pro Tern Sarmiento and Councilmember Benavides, concurred. Executive Director of Public Works Agency, Fred Mousavipour, indicated that contractor may deal with residents; but focus would be technical aspect of project. MOTION: Authorize the City Manager and Clerk of the Council to execute for three -year terms expiring October 5, 2019, with provisions for one, two -year renewal option exercisable by the City Manager and City Attorney, for a total not -to- exceed amount listed for each firm over the entire life of the agreement, including any renewal period, subject to non - substantive changes approved by the City Manager and City Attorney: 1. AGMT NO. 2016 -283 - With Civil Source, Inc., Real Property Coordinator in the amount of $300,000; 2. AGMT NO. 2016 -284 - With Ligard and Associates, Right -of -Way Property Appraiser in the amount of $200,000; 3. AGMT NO. 2016 -285 - With Kiley Company, Right -of -Way Property Appraiser in the amount of $200,000; and 4. AGMT NO. 2016 -286 - With Bender Rosenthal, Inc., Right -of -Way Property Appraiser in the amount of $200,000. MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Tinajero (1) 25E. AGMT NO. 2016 -287 - AMENDMENT FOR SECURITY GUARD SERVICES AT THE COURTHOUSE /LIBRARY AND SUPERBLOCK PARKING STRUCTURES {STRATEGIC PLAN NO. 1, 1C) - City Manager's Office and Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with G4S Secure Solutions CITY COUNCIL MINUTES 10 OCTOBER 4, 2016 1 0A -10 (USA) Inc. to augment existing security services at City Hall /Ross Annex, for the term beginning October 4, 2016, through May 31, 2017, in an additional amount of $173,453.60, for a total amended amount not to exceed $1,014,024.52, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the purchase price and goodwill (if any) with the property owner, Azucena Antonio Santamaria, in an amount of $21,700, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS - BUDGET SECOND: Sarmiento Amezcua, Benavides, Pulido, Reyna, Sarmiento (5) Martinez (1) None (0) Tinajero (1) 29A. DONATION TO SUPPORT MADISON PARK NEIGHBORHOOD ASSOCIATION'S WALK- A -THON — Mayor Pro Tern Sarmiento MOTION: Approve a donation request from Madison Park Neighborhood Association for a one -time donation in the amount of $450. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCE CITY COUNCIL MINUTES 11 OCTOBER 4, 2016 1 0A -11 31 A. CONDITIONAL USE PERMIT NO. 2016 -31 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION FOR TIERRA BLANCA RESTAURANT LOCATED AT 1502 EAST FIRST STREET - MARIA DIAZ, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on September 12, 2016, by a vote of 6 -0 (Gartner absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -31. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. SUPPORT THE SMITHSONIAN AMERICAN LATINO MUSEUM AND DESIGNATE THE ARTS & INDUSTRIES BUILDING {STRATEGIC PLAN NO. 5, 51 - City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2016 -076 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF HOUSE OF REPRESENTATIVES 6001 AND SENATE 3314 TO ESTABLISH THE SMITHSONIAN AMERICAN LATINO MUSEUM AND DESIGNATE THE ARTS AND INDUSTRIES BUILDING AS ITS FUTURE LOCATION IN WASHINGTON, D.C. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, CITY COUNCIL MINUTES 12 OCTOBER 4, 2016 1 0A -12 55B. AGREEMENTS FOR SALES AND USE TAX AND UTILITY USERS' TAX COMPLIANCE, AUDITING AND CONSULTING SERVICES {STRATEGIC PLAN NO. 4, 2A) - Finance & Management Services MOTION: 1. AGMT NO. 2016 -289 - Authorize the City Manager and Clerk of the Council to execute an agreement with MuniServices, LLC for Sales and Use Tax Revenue Auditing services for an initial one - year term beginning January 1, 2017 through December 31, 2017, for an amount not to exceed $10,000, plus 15% of recovered revenues over the life of the initial agreement with a provision for one six -month extension exercisable by the City Manager and the City Attorney, in an amount not to exceed 15% of recovered revenues subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Adopt a resolution. RESOLUTION NO. 2016 -077 - A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING THE EXAMINATION OF SALES AND USE TAX RECORDS 3. AGMT NO. 2016 -90 - Authorize the City Manager and Clerk of the Council to execute an agreement with MuniServices, LLC for Utility Users' Tax and Mobil Telephony Services Auditing services for an initial two -year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed 0.6% of the total UUT taxes received for the most recent fiscal year by the City or a minimum fee of $15,000 over the life of the initial agreement with a provision for one one -year extension exercisable by the City Manager and the City Attorney, subject to non - substantive changes approved by the City Manager and the City Attorney. 4. Adopt a resolution. RESOLUTION NO. 2016 -078 - A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING THE EXAMINATION OF PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS MOTION: Martinez VOTE: AYES NOES: SECOND: Amezcua Amezcua, Benavides, Sarmiento (5) None (0) Martinez, Pulido, CITY COUNCIL MINUTES 13 OCTOBER 4, 2016 1 0A -13 ABSTAIN: None (0) ABSENT: Reyna, Tinajero (2) PUBLIC HEARING 75A. ORDINANCE AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS (STRATEGIC PLAN NO. 6, 1G) Legal Notice published in the Orange County Reporter on September 23, 2016. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Councilmember Martinez, opposed to status quo, need to de- designate and lower the speeds throughout such as San Francisco and New York; requested consideration of continuance to allow staff to provide alternatives to lower speeds. Executive Director of Public Works, Fred Mousavipour, indicated that this is the first phase of studying speeds throughout the City, as required by law; will be considering designating areas such as Downtown District and lowering speeds by district; acknowledges that lower speeds save lives. Mayor Pro Tern Sarmiento, proposed action will not affect or prevent City from obtaining grant funds for the Safe Mobility Santa Ana (SMSA) project and the Vision Zero Plan. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS MOTION: Martinez VOTE: AYES NOES: ABSTAIN: CITY COUNCIL MINUTES SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) 14 1 OA -14 Martinez, Pulido, OCTOBER 4, 2016 ABSENT: Tinajero (1) RECESSED THE CITY COUNCIL MEETING AT 7 :57 P.M. AND CONVENED A JOINT SESSION OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY JOINT SESSIONS OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY 80A. RESOLUTION APPROVING A PLAN FOR SPENDING EXCESS 2003 SERIES A TAX ALLOCATION BONDS AND AUTHORIZING A BOND PROCEEDS EXPENDITURE AGREEMENT; APPROPRIATION ADJUSTMENT TO TRANSFER 2003 SERIES A BOND PROCEEDS TO THE CITY {STRATEGIC PLAN NOS. 4, 1 & 6, 1 G) MOTION., 1. Adopt a resolution. RESOLUTION NO. 2016 -079 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) APPROVING A PLAN FOR SPENDING EXCESS TAX ALLOCATION BOND PROCEEDS (TAX ALLOCATION BONDS, SERIES 2003A), (2) AUTHORIZING A BOND EXPENDITURE AGREEMENT WITH THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA FOR THE CITY TO RECEIVE SUCH FUNDS FOR BOND - ELIGIBLE PURPOSES, AND (3) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 2. AGMT NO. 2016 -291 - Authorize the City Manager and the Clerk of the Council to execute the Bond Proceeds Expenditure Agreement with the Successor Agency to the former Community Redevelopment Agency to receive current excess bond proceeds in the amount of $2,515,560.32 and any future excess bond proceeds, and to expend the funds for capital improvements, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -039 - Recognizing $2,515,560.32 in the Successor Agency 2003 Series A Bonds prior year carry forward account and appropriating same to the expenditure account; approve an appropriation adjustment recognizing $2,515,560.32 in the CDA Capital Projects Fund in revenue account and appropriating same to expenditure account. CITY COUNCIL MINUTES 15 OCTOBER 4, 2016 1 0A -15 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Amezcua Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, 80B. RESOLUTION APPROVING A PLAN FOR SPENDING EXCESS 2011 SERIES A TAX ALLOCATION BONDS AND AUTHORIZING A BOND PROCEEDS EXPENDITURE AGREEMENT; APPROPRIATION ADJUSTMENT TO TRANSFER 2011 SERIES A BOND PROCEEDS TO THE CITY (STRATEGIC PLAN NOS. 4, 1 & 6, 1 G) MOTION: 1. Adopt a resolution. RESOLUTION NO. 2016 -080 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) APPROVING A PLAN FOR SPENDING EXCESS TAX ALLOCATION BOND PROCEEDS (TAX ALLOCATION BONDS, 2011 SERIES A), (2) AUTHORIZING A BOND EXPENDITURE AGREEMENT WITH THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY AGENCY OF THE CITY OF SANTA ANA TO RECEIVE SUCH FUNDS FOR BOND - ELIGIBLE PURPOSES, AND (3) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 2. AGMT NO. 2016 -292 - Authorize the City Manager and the Clerk of the Council to execute the Bond Proceeds Expenditure Agreement with the Successor Agency to the former Community Redevelopment Agency to receive current excess bond proceeds in the amount of $260,695 and any future excess bond proceeds, and to expend the funds for capital improvements, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -038 - Recognizing $260,695 in the Successor Agency's 2011 Series A Bonds prior year carry forward account and appropriating same to the expenditure account (no. 65418020 - 69142); approve an appropriation adjustment CITY COUNCIL MINUTES 16 1 0A -16 OCTOBER 4, 2016 recognizing $260,695 in the Parking Fund in revenue account and appropriating same to expenditure account. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, ADJOURNED THE JOINT MEETING AT 7:59 P.M. AND CONVENED THE HOUSING AUTHORITY MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 8:00 P.M.; RECONVENED THE CITY COUNCIL MEETING AT 8:01 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WS -1. UPDATE ON PARK PROJECTS IN SANTA ANA {STRATEGIC PLAN NO. 6, 1 G) - Parks, Recreation and Community Services Agency Presented by Parks, Recreation and Community Services Executive Director Gerardo Mouet • $22,061,897 OF PARK IMPROVEMENT PROJECTS V' PARK PROJECT UPDATE • 29 PROJECTS THAT FALL UNDER THE FOLLOWING CATEGORIES • NEW PLAYGROUND EQUIPMENT • TENNIS & BASKETBALL COURTS AND OTHER HARD SURFACE REPAIRS • NEW PARKS AND PARK EXPANSIONS CITY COUNCIL MINUTES 17 OCTOBER 4, 2016 1 0A -17 • PARK SAFETY IMPROVEMENTS SUCH AS LIGHTS AND SURVEILLANCE CAMERAS • MUNICIPAL STADIUM IMPROVEMENTS • SOCCER FIELDS ■ COMMUNITY CENTER • ZOO EXHIBITS PARK PROJECT UPDATE • SA STADIUM RENOVATION • COST: $1,570,300 • IMPROVEMENTS: • Structural repairs • Concrete failure repairs • Fencing repairs • Press box Improvements • MEMORY LANE PARK • COST: $1,205,800 • IMPROVEMENTS: • Play Equipment Area • Exercise Area • Bike /Equestrian Rest Stop • Picnic Area • Shade Structure • PLAY EQUIPMENT AT 7 PARKS • COST: $967,874 • IMPROVEMENTS: • Thornton Park • Centennial Park • Delhi Park • Madison Park • Rosita Park • Lillie King Park • Santiago Park • SECURITY LIGHTS AT 8 PARKS • COST: $864,600 • IMPROVEMENT: • Fisher Park • Bomo Koral Park • Madison Park • Santa Anita Park • Santiago Park • Windsor Park • Lillie King Park • Heritage Park • PACIFIC ELECTRIC PARK • COST: $2,703,370 • IMPROVEMENTS: • Play Equipment CITY COUNCIL MINUTES 18 OCTOBER 4, 2016 1 0A -18 • Exercise Equipment • Community Garden • Bike Rest Stop ROOSEVELT JOINT USE IMPROVEMENT • COST: $5,749,261 • IMPROVEMENTS: • Community Center • Play Equipment Area • Exercise Area • Basketball Court • Community Garden area • Jogging Track and Field • Parking Lot SA ZOO — GIANT RIVER OTTER EXHIBIT • COST:$2,000,000 • IMPROVEMENTS: Exhibit Renovation Underwater Viewing Window • Water Circulation o CONCLUSION - Ribbon • Memory Lane Park • Centennial (DYSC) • SA Stadium Renov. • Windsor Tennis Ct. • Riverview Basketball • Cabrillo Tennis Ct. Cutting dates Tuesday Oct 4; 3:30 pm Saturday Oct 15; 11:00 am Tuesday Oct 18; 3:30 pm Monday Oct 24; 3:30 pm Wed Oct 26; 3:30 pm Thursday Oct 27; 3:30 pm COMMENTS PUBLIC COMMENTS • Concepcion Vasquez, Vice President of Centennial Adult Center, spoke of positive experience at school; urged the City Council to keep at same site. • Alex Vega, expressed concern with residency requirement of a councilmember. • Mayor Pro Tern Sarmiento, commented on allegations and noted that former reporter for the Voice of OC, Adam Elmahrek, had investigated claim that was quelled; invited anyone to his home that has similar concern. • Irma Macias, urged City to address parking, mobile vending trucks and quality of life issues in all areas specifically Wards 4 and 5. • Tom Gordon, implored the City Council to address the homeless situation in the Civic Center area especially the needless exchange program. *Councilmember Martinez left at 8:16 p.m. and did not return. CITY COUNCIL MINUTES 19 OCTOBER 4, 2016 1 0A -19 •M we CITY MANAGER'S COMMENTS • City Manager Cavazos, reported that City of Santa Ana has been awarded COPS Grants for 3 d year in a row; total received is $3.75 million and only 1 of 11 cities nationwide to receive funds three years in a row. CITY COLINCILMEMBER COMMENTS Mayor Pro Tern Sarmiento: • Recognized staff for receiving COPS Grant funds; • American Planning Association has designated City of Santa Ana as having top downtown; thanked staff and Commissioner Elisandro Orozco for efforts and submittal; October 20th will be celebration; • Thanked staff for ribbon cutting of Memory Lane Park; • Acknowledged staff for efforts on all projects, including Public Works and Parks and Recreation. Councilmember Amezcua: Appreciated presentation by Parks and Recreation. Councilmember Reyna: • Continue to conserve water; noted purple pipes are for recycled water; • Thanked Parks and Recreation for accomplishments - $22 million dollar worth of improvements; • Shop Santa Ana; and • Be safe this coming Halloween. Councilmember Benavides: • Pleased with WorkStudy Session; good investment in our community — playgrounds and youth will be able to enjoy our parks; • Staff to consider creative ideas to invest in future generations of our vacant parcels; • Surplus funds have realized many benefits including public safety; • Community Development Block Grant funds will be used for improvements along Bristol Street; and • Support local economy and shop in Santa Ana. Mayor Pulido: • Noted for the record that he can validate Mayor Pro Tern Sarmiento's residency; and • Adjourned meeting in memory of Ann Gallegos; reflected on her service with the Police Department. CITY COUNCIL MINUTES 20 OCTOBER 4, 2016 1 OA -20 ADJOURNED - 8:43 p.m. - The next meeting of the City Council is scheduled for Tuesday, October 18, 2016 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 Anne Gallegos Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 21 OCTOBER 4, 2016 1 OA -21 1 OA -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2016 TITLE: SECOND READING ORDINANCE: AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS {STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On October 4, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -0 (Tinajero absent): ORDINANCE NO. NS -2904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS 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. �b `o ri,� Ma a D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2904 11 A -1 11 A -2 Jmf 9112/2016 ORDINANCE NO, NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING PRIMA FACIE SPEED LIMITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS; SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows. A. Sections 22357 and 22358 of the California Vehicle Code authorize local authorities to declare prima facie speed limits at the rate found reasonable, safe, and most appropriate to facilitate the orderly movement of traffic based on engineering and traffic surveys. B. Sections 40801 and 40802 of the California Vehicle Code require that engineering and traffic surveys be conducted within five years prior to the date of an alleged violation of such speed limits if enforcement of the speed limits involves the use of radar or any other electronic device that measures the speed of moving objects. C. The City of Santa Ana last completed an engineering and traffic survey in 2011 and completed a new study in 2016, in accordance with the above law. D. Based on the 2016 study, the prima facie speed limits set forth in Article VII of Chapter 36 of the Santa Ana Municipal Code shall be updated by repealing and reenacting in its entirety Article VII of Chapter 36 of the Santa Ana Municipal Code, consisting of Sections 36 -227 through 36 -397. SECTION 2 Article VII of Chapter 36 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 3. Article VII of Chapter 36 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: ARTICLE VII, PRIMA FACIE SPEED LIMITS Sec. 36 -227, Prima facie speed limits in general. The City Council of the City of Santa Ana determines and declares, upon the basis of engineering and traffic surveys made on or after January 7, 2016, which surveys are public records on file In the offices of the Public Works Agency of the City Ordinance No. N5 -XXX Page 1 of 13 and incorporated herein by reference, that the prima facie speed limits specified in those sections are reasonable, safe and most appropriate to facilitate the orderly movement of traffic upon the streets and portions of streets specified in those sections, which streets and portions of streets would otherwise be subject to the prima facie speed limits established in the California Vehicle Code, These prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected upon the streets and portions of streets to which they pertain, The provisions of this article shall not apply to any twenty-five (25) mile per hour - prima facie speed limit which is applicable when passing a school or the grounds thereof. Sec. 36 -228. Alton Avenue. The speed limits (in miles per hour) for the following portions of Alton Avenue are as follows: Between Susan Street and Greenville Street 45 Between Greenville Street and Bristol Street 45 Between Main Street and Standard Avenue 40 Sec. 36.229. Bear Street. The speed limits (in miles per hour) for the following portions of Bear Street are as follows: Between Sunflower Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Alton Avenue 40 Between Alton Avenue and Segerstrom Avenue 40 Sec. 36 -230, Bristol Street, The speed limits (in miles per hour) for the following portions of Bristol Street are as follows: Between Hesperian /SR 22 EB On -Ramp & Santa Clara Ave. 45 Between Santa Clara Avenue and Seventeenth Street 45 Between Seventeenth Street and Civic Center Drive 40 Between Civic Center Drive and Walnut Street 35 Between Walnut Street and McFadden Avenue 40 Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Sunflower Avenue 40 Ordinance No. NS -XXX Page 2 of 13 1I'AIa4T Sec. 36 -231. Broadway and Broadway Place. The speed limits (in miles per hour) for the following portions of Broadway and Broadway Place are as follows: Between MalnPlace Drive and Seventeenth Street 40 Between Seventeenth Street and Washington Avenue 35 Between Washington Avenue and Civic Center Drive 30 Between Civic Center Drive and First Street 25 Between First Street and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Main Street (250 feet North of Warner Avenue) 30 Sec. 36.232, Cabrillo Park Drive. The speed limit (in miles per hour) for the following portion of Cabrillo Park Drive is as follows: Between Seventeenth Street and Fourth Street 35 Sec, 36.233. Cambridge Street. The speed limit (in miles per hour) for the following portions of Cambridge Street is as follows: Between the North City Limit (NCI.) /Route 22 and Fairhaven Avenue 40 Sec. 36.234. Chestnut Avenue. The speed limits (in miles per hour) for the following portions of Chestnut Avenue are as follows: Between Main Street and Standard Avenue 30 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL) /Elk Lane /Main Street 35 Sec. 36.235. Clvlc Center Drive. The speed limits (in miles per hour) for the following portions of Civic Center Drive are as follows: Between Fairview Street and Bristol Street 35 'T"1 Al 6 Ordinance No, NS -XXX Page 3 of 13 Between Bristol Street and Flower Street 35 Between Flower Street and Broadway 25 Between Broadway and French Street 25 Sec. 36.236. Oyer Road. The speed limits (in miles per hour) ,for the following portions of Dyer Road are as follows: Between Flower Street and Main Street 40 Between Main Street and Halladay Street 40 Between Halladay Street and Route 55 Freeway 40 Between Route 55 Freeway and Barranca Parkway /Red Hill Avenue 40 Sec. 36 -237. Edinger Avenue. The speed limits (in miles per hour) for the following portions of Edinger Avenue are as follows: Between the West City Limit (WCL) east of Euclid Street and Richardson Street 40 Between Santa Ana River (WCL) and Fairview Street 40 Between Fairview Street and Raitt Street 35 Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Standard Avenue 40 Between Standard Avenue and Ritchey Street 45 Between Ritchey Street and the East City Limit (ECL) 45 Sec, 36 -238, Euclid Street. The speed limits (in miles per hour) for the following portions of Euclid Street are as follows: Between Westminster Avenue and First Street 40 Between First Street and the South City Limit (SCL) /Lenhardt Avenue 45 Sec. 36.239, Fairhaven Avenue. The speed limits (in miles per hour) for the following portions of Fairhaven Avenue are as follows: Ordinance No, NS -XXX Page 4 of 13 EXHIBIT 1 11 A -6 Between Grand Avenue and Linwood Avenue 40 Between Linwood Avenue and Greengrove Street East City Limit (ECL) 40 Sec. 36.240. Fairview Street, The speed limits (in miles per hour) for the following portions of Fairview Street are as follows: Between Route 22 EB Off -Ramp and Fifth Street 45 Between Fifth Street and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 4.5 Between Warner Avenue and Alton Avenue 45' Between Alton Avenue and Sunflower Avenue 45 Sec. 36 -241, Fifth Street. The speed limits (in miles per hour) for the following portions of Fifth Street are as follows: Between Euclid Street and Harbor Boulevard 30 Between Harbor Boulevard and Fairview Street 35 Between Fairview Street and Hawley Street 35 Sec. 36.242. First Street. The speed limits (in miles per hour) for the following portions of First Street are as follows: Between the West City Limit (WCL) west of Euclid and Newhope Street 40 Between Newhope Street and Harbor Boulevard 40 Between Harbor Boulevard and Townsend Street 40 Between Townsend Street and Flower Street 40 Between Flower Street and Birch Street 40 Between Birch Street and Standard Avenue 40 Between Standard Avenue and Tustin Avenue /the East City Limit (ECL) 40 Sec. 36 -243, Flower Street. The speed limits (in miles per hour) for the following portions of Flower Street are as follows: Between Seventeenth Street and Santa Ana Boulevard 35 Between Santa Ana Boulevard and Bishop Street 35 Ordinance No. NS -XXX Page 5 of 13 Between Bishop Street and Warner Avenue 30 Between Warner Avenue and Sakioka Drive /Sunflower Avenue 40 Sec. 36244. Fourth Street. The speed limits (in miles per hour) for the following portions of Fourth Street are as follows: Between Mortimer Street and McClay Street 35 Between McClay Street and Route 5 Freeway 35 Between Interstate 5 Freeway and Route 55 Freeway 35 Sec. 36.245, Grand Avenue. The speed limits (in miles per hour) for the following portions of Grand Avenue are as follows: Between the North City Limit (NCL)/ SR 22 Ramps and Fairhaven Avenue 35 Between Fairhaven Avenue and Santa Clara Avenue 40 Between Santa Clara Avenue and Seventeenth Street 40 Between Seventeenth Street and First Street 40 Between First Street and McFadden Avenue 45 Between McFadden Avenue and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 45 Between Warner Avenue and Dyer Road 45 Sec. 36.246. Greenville Street. The speed limits (in miles per hour) for the following portions of Greenville Street are as follows: Between Edinger Avenue and Warner Avenue 30 Between Warner and Sunflower/Wimbledon 35 Sec. 36247. Halladay Street. The speed limits (In miles per hour) for the following portions of Halladay Street are as follows: Between Warner Avenue and Dyer Road Between Dyer Road and Alton Avenue EXHIBIT 1 11 A -8 30 30 Ordnance No. NS -XXX Page 6 of 13 Sec. 36.248. Harbor Boulevard, The speed limits (in miles per hour) for the following portions of Harbor Boulevard are as follows: Between Westminster Avenue and Fifth Street 40 Between Fifth Street and First Street 40 Between First Street and a point six hundred (600) feet south of Kent Avenue 40 Between the city limits of Santa Ana at Santa Ana River (N /© Warner) and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40 See. 36 -249. Hazard Avenue. The speed limit (in miles per hour) for the following portion of Hazard Avenue is as follows: Between Euclid Street and Harbor Boulevard 30 See. 30.250. Lake Center Drive, The speed limit (in miles per hour) for the following portion of Lake Center Drive Is as follows: Between Harbor Boulevard and Susan Street 35 Sec, 36.251, Lincoln Avenue. The speed limits (in miles per hour) For the following portion of Lincoln Avenue are as follows: Between Fairhaven Avenue and Santa Clara Avenue 35 Between Santa Clara Avenue and Seventeenth Street 35 Between Seventeenth Street and Washington Avenue 35 Sec. 36 -252. Lyon Street. The speed limits (In miles per hour) for the following portion of Lyon Street are as follows: Between First Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 35 Between Edinger Avenue and Saint Andrew Place 35 Ordinance No. NS -XXX Page 7 of 13 r"� I�T Sec. 36 -253. MacArthur Boulevard. The speed limits (in miles per hour) for the following portion of MacArthur Boulevard are as follows: Between the West City Limit (WCL) at Harbor Boulevard and Fairview Street 40 Between Fairview Street and Main Street 40 Between Main Street and the East City Limit (ECL) at SR 55 40 Sec. 36 -254. Main Place drive. The speed limit (in miles per hour) for the following portions of Main Place Drive is as follows: Between Main Street /Memory Lane and Broadway 35 Between Broadway and Main Street/Town & Country Road 35 Sec. 36 -255. Main Street. The speed limits (in miles per hour) for the following portions of Main Street are as follows: Between the North City Limit (NCL) at SR 22 and Seventeenth Street 35 Between Seventeenth Street and Washington Avenue 35 Between Washington Avenue and First Street 30 Between First Street and Chestnut Avenue 35 Between Chestnut Avenue and Edinger Avenue 35 Between Edinger Avenue and Warner Avenue 35 Between Warner Avenue and Goetz Avenue 40 Between Goetz Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Sunflower Avenue 45 Sec. 36.256. McFadden Avenue. The speed limits (in miles per hour) for the following portions of McFadden Avenue are as follows: Between the Sail Street/West City Limit (WCL) and Euclid Street 40 Between Euclid Street and Newhope Street 40 Between Newhope Street and Harbor Boulevard 40 Between Harbor Boulevard and Fairview Street 40 Between Fairview Street and Raitt Street 35 Ordinance No. Nu -XXX Page 8 of 13 1 1AHIIL1 Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 30 Between Flower Street and Main Street 35 Between Main Street and Standard Avenue 35 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL) 35 See, 36 -257. Memory Lane. The speed limits (in miles per hour) for the following portions of Memory Lane are as follows: Between Santa Ana River/West City Limit (WCL) and Bristol Street 40 Between Bristol Street and Flower Street 35 Between Main Street and the North Clay Limit (NCL)/ Parker Street 35 Sec. 36258. Newhope Street. The speed limits (in miles per hour) for the following portion of Newhope Street are as follows: Between Westminster Avenue and First Street 35 Between First Street and Edinger Avenue 35 Sec. 36259, Pullman Street. The speed limits (in miles per hour) for the following portion of Pullman Street are as follows: Between Warner Avenue and Dyer Road 40 Between Dyer Road and Garry Avenue 40 Sec, 36 -260. Raitt Street. The speed limits (in miles per hour) for the following portions of Raitt Street are as follows: Between First Street and Willits Street 30 Between Willits Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Saint Gertrude Place 40 Between Saint Gertrude Place and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and Alton Avenue 40 Ordinance No. NS -XXX Page 9 of 13 IxiAII 1 Between MacArthur Boulevard and Sunflower Avenue 35 Sec. 36-261, Ritchey Street. The speed limits (in miles per hour) for the following portions of Ritchey Street are as follows: Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Wright Street 45 Sec. 36 -262. Santa Ana Boulevard. The speed limits (in miles per hour) for the following portions of Santa Ana Boulevard are as follows: Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 35 Between Flower Street and Ross Street 30 Between Ross Street and French Street 25 Between French Street and Santiago Street 30 Between Santiago Street and Grand Avenue 35 Sec„ 36.263. Santa Clara Avenue. The speed limits (In miles per hour) for the following portions of Santa Clara Avenue are as follows: Between Lincoln Avenue and Grand Avenue 35 Between Grand Avenue and Wright Street 40 Between Wright Street and Tustin Avenue 40 Between Tustin Avenue and East City Limit (ECL) /Route 55 40 Sec, 36 -264. Segerstromn Avenue. The speed limits (In miles per hour) for the following portions of Segerstrom Avenue are as follows: Between Santa Ana River/West City Limit (WCL) and Spruce Street 40 Between Spruce Street and Flower Street /Dyer Road 40 Sec, 36.265. Seventeenth Street. The speed limits (in miles per hour) for the following portions of Seventeenth Street are as follows: Ordinance No. NS -XXX Page 10 of 13 EXHIBIT 1 11A -12 Between Fairview Street and West City Limit 40 Between Fairview Street and Bristol Street 40 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 35 Between Main Street and Wright /Eastside Street 35 Between Wright /Eastside Street and Tustin 40 Sec. 36.266. Standard Avenue. The speed limits (in miles per hour) for the following portions of Standard Avenue are as follows: Between First Street and Chestnut Avenue 30 Between Chestnut Avenue and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Warner Avenue 35 Sec. 36.267. Susan Street. The speed limits (in miles per hour) for the following portions of Susan Street are as follows: Between Harvard Street and Pendleton Avenue 35 Between Warner Avenue and MacArthur Boulevard 35 Between MacArthur Boulevard and Sunflower Avenue 35 Sec, 36 -268. Reserved. Sec. 36 -269. Tustin Avenue. The speed limits (in miles per hour) for the following portions of Tustin Avenue are as follows: Between North City Limit (NCL) /Fairhaven Avenue and Twentieth Street 40 Between Seventeenth Street and Fruit Street 40 Between Fruit Street and the South City Limit (SCL) north of First Street 40 Sec. 36.270. Warner Avenue. The speed limits (in miles per hour) for the following portions of Warner Avenue are as follows: Between the West City Limit (WCL) /Santa Ana River west of Harbor Boulevard and Fairview Street 45 ordinance No. N5 -XXX pale 11 of 93 A'!13 Between Fairview Street and Raitt Street 45 Between Raitt Street and Bristol Street 45 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Grand Avenue 40 Between Grand Avenue and the Route 55 Freeway 4.5 Between the Route 55 Freeway and Red Mill Avenue 45 Sec. 36.271. Westminster Avenue. Between Euclid Street and Newhope Street 45 Between Newhope Street and Clinton Street 45 Sec. 36 -272 — 36 -397. Reserved. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall In any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4r11 day of October, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7XI. f4 hn M, Funk Assistant City Attorney Miguel A. Pulido Mayor 11EAHI�141 Ordinance No, NS -XXX Page 12 of 13 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ' and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana LIMIT 115 Ordinanoe No. NS-XXX Page 13 of 13 '��I 11A -16 CITY OF SANTA ANA fir. . ," I' COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT SPECIAL MEETING September 27, 2016 4:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Tinajero Staff: Police Chief, OCFA Division Chief, Sr. 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 2 -22 -16 Meeting 2. City Surplus Budget Review (Surplus Budget Presentation) — Francisco Gutierrez, Exec. Director, Finance and Management Services Agency {Strategic Plan Goal No. 4, 3b and 3c) 3. Police Officer Body Cameras ( Project Update) — Commander Jason Viramontes {Strategic Plan Goal No.1, If and 3b) 4. Customer Service Improvements Related to Police Operations (Innovation and efficiency to improve customer service throughout the Police Department.) — Commander Jose Gonzalez {Strategic Plan Goal No.1, 1 and Goal 7, 1) 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 ll, 28 CFR 35.1021 Ana City Council Miguel A. Pulido, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tem, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPUI'tlor9s'ana aneoro Ward MMarUnezadanta- ana.am AAmezcuelo35anaa eora 09unevdes(dsan- RReyna(sanra-ana oru r, YSenn en ormsan aan n City Hall, 20 Civic Center Plaza • P.O. Box 1988 e Santa Ana, California 92702 Mayor 8 Council Telephone: 714. 647.6900 • Agenda Item Inquiries: 714 - 647-6520 • Website: www.santa- ana.ora 13A -1 21 5. Community Oriented Policing (Update on Community Survey) — Commander Ken Gominsky (Strategic Plan Goal No. 1,1a) 6. Police Officer Hiring (Update on Recruitment and Hiring of Police Officers) — Police Admin. Manager Robert Carroll (Strategic Plan Goal No. 1, 1 i) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, November 22, 2016, 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 httD: / /www.santa- ana.ora /strategic -planninq /. 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 35.1021 Santa Ana City Council Miguel A. Pulido, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Sal Tinajero, Mayor Mayor Pro Tom, Ward Ward Ward Ward Ward MPUEoo —o oo Ward MMatnez(oleena om AAnezcuaesanta ana Orr Daenav tlesAsan RReyna orbit.- om S`rinaemasant8 ana o VSe m n oor]san a -an City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647.6900 • Agenda Item Inquiries: 714. 647.6520 a Website: www.santa- ana.org 13A -2 CITY OF SANTA ANA CITY COUNCIL CONINIITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD INIPROVENIENT MINUTES February 22, 2016 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Sal Tmajero STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Dave Anderson, OCFA Laura Rossini, CAO Ken Gominsky, PD Alma Flores, CMO Julie Castro - Cardenas, CMO Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Rick Niedermayer Daniel Avalos Cherie Kerr Irma Macias Debbie McEwen John Kelly Peter Katz Santiago Bautista Ed Murashie PUBLIC COMMENTS Rick Niedermayer, represents non - profit AYSO soccer, against a ban on fireworks. Soccer, Little League Baseball, Pop Warner football — fireworks sales by non - profits provide support and 13A -3 a service to the youth. A ban would severely impact kids from being able to play. Illegal fireworks would still be sold right outside Centennial Park. Daniel Avalos, represents non- profit Santa Ana Alano Club, against a ban on fireworks as it would have a negative impact on the community. Has worked for the Alano Club for the past eight years; operated a fireworks stand for the past three years in order to help pay their rent. Fireworks are the largest fundraiser. Alano Club provides programs for residents as well as court- mandated 12 -step programs. Cherie Kerr, resident, her house was on fire last 4`h of July, supports the ban on fireworks. She feels it is irresponsible, reckless to keep fireworks. There are other ways to help the non - profits to keep these valuable programs, she does support public displays. Irma Macias, resident, representing 64 Neighborhood Associations, supports the ban on fireworks. Other ways to make money for the kids, not fair for the community to deal with the fireworks, goes on one month before and one month after 4`h of July. Debbie McEwen, resident, supports the ban on fireworks. PD should have it easier because all fireworks would then be illegal. John Kelly, Vice President of wholesaler TNT Fireworks, states he has been with the company for 27 years and does not support the ban. Encourages staff to look at Senate Bill 522. He believes illegal fireworks purveyors operating throughout the state of California are the problem as well as no more room for storage of illegal fireworks. Peter Katz, resident, asks about cities that did ban fireworks? He believes the will of the people will bring them back. 18 months to get cases adjudicated. He suggests more administrative fines that are attached to property taxes. There are also fireworks on Vietnamese New Year and Cinco de Mayo. Non - profits will argue as well as residents so there needs to be a balance. Santiago Bautista, resident, represents a non - profit karate organization for 25 years in Santa Ana; against a ban on fireworks. Fireworks stands are used as a source of income. Ed Murashie, resident, supports the ban on fireworks. AGENDAITEMS 1. Approval of Minutes of I -26 -16 Meeting Motion: Approve the Minutes of 1 -26 -16 meeting. 13A -4 MOTION: Tinajero VOTE: AYES: NOES: Motion carries. AGENDA SECOND: Benavides Benavides, Tinajero None (0) 2. Fireworks (Strategies to Ban Fireworks, Maintain Current Municipal Code or Modify the Municipal Code to Allow a Hybrid Model) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2d} Commander Ken Gominsky led a discussion regarding fireworks and provided a power point presentation. Staff was requested to analyze and examine Fireworks as they relate to the Strategic Plan's goal to expand community awareness of public safety activities, programs and services that focus on risk reduction. Commander Gominsky briefly summarized three options that the City may adopt as it relates to the issue of Fireworks: Option No. 1 —No alteration to the Municipal Code. SAPD and OCFA believe there will be no change and activity increases. State will not dispose of fireworks; the fee is $75,000 bringing the total cost to city to $188,590. Option No. 2 — Ban Fireworks in 2017. Same activity; costs may increase due to additional public outreach but then should begin to decline. Option No. 3 - Hybrid Model as adopted by Anaheim. Reduce number of fireworks stands or purchase at one predetermined location, identify areas where fireworks are legal and other areas where they are banned. Financial would be the same. Cmdr. Gominsky was not in support of this option. Motion: Bring Fireworks item to City Council for discussion. MOTION: Tinajero VOTE: AYES: NOES: Motion carries. SECOND: Benavides Benavides, Tinajero None (0) 13A -5 COMiMITTEE MEMBER COMMENT'S The Committee considered the various options presented and called for a report to be presented to the City Council.. All three options were discussed at length between the Committee members and Staff. The City Manager asked the Committee if Option No. 3, a hybrid model, could be removed from the report to Council, and this was affirmed by Committee Member Tinajero. The Moratorium also would not be a viable option. The Committee resumed discussion relating to Option Nos. 1 and 2, no change or a complete ban, respectively. On Option No. 1, questions were raised as to how to offset the costs associated with disposal of fireworks, what enforcement efforts would be needed, community outreach. On Option No. 2, Chairman Benavides' main concern with a complete ban would be how the City and the groups supporting the ban would work together with the non - profits so the programs and services they offer could continue. The Committee realized that if the City were to adopt Option No. 2, a complete ban, that realistically that would become effective in 2017. If the decision is made to go with Option No. 2, it would be because of illegal fireworks and the property damage sustained by residents. Everyone agreed that selling illegal fireworks is a very profitable business, and that the City should take a look at the admin fines as they relate to the Municipal Code. Chief Rojas reports to the Committee that he sent an e -mail to the City Manager advising that the Department now has 25 police officers in the police academy. ACTION ITEMS David Benavides asked that the follow -up report to City Council, regardless of any modification to the Fireworks issue, needs to include education, looking at beefing up admin cites, and highlighting the criminal side. ADJOURNMENT — 6:45 P.M. CARLOS ROJASi � Chief of Police 13A -6 N�01"�q CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Legislative City Council Committee meeting scheduled for Wednesday, September 28, 2016 at 12:00 p.m. has been cancelled. The date of the next regularly scheduled meeting is December 28, 2016. 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] Ana City Council Miguel A. Pulido, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Sal Tinajero, Mayor Mayor Pro Tem, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPulldoralssnta anaoro Ward 1 WarinezP,s nta -ana ora AAmezcuerrDSenta- ane.oro DBenev tles(asante -anaoo RRevne(ASanla ena ora STlnalem(NSantaana ora VSarmlanteWsanta- ana.om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714.647 900 • et y a l /.hies: 714.647.5200 • Website: www.santa- ana.org 13A -8 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING ,�, DEVELOPMENT AND TRANSPORTATION COMMITTEE THURSDAY, OCTOBER 6, 2016 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vicente Sarmiento, Chairperson David Benavides Recording Secretary: Lorrie Ortiz 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 — July 7, 2016 Special Meeting 2. Streetcar Project Update — David Cavazos (Strategic Plan Nos. 6, 1 G; 3, 2C) Presentation by OCTA • Stop Design • Streetcar Vehicle Branding 3. City Parcels — Community Land Trust Concept — Action: Discussion - (Robert Cortez /Jason Gabriel) {Strategic Plan No. 5) 4. Request for Proposals Regarding Property located at 1126 -1146 East Washington Avenue for Economic Development — Action: Discussion - (Robert Cortez) {Strategic Plan Nos. 3; 5, 3) 5. Housing Opportunity Ordinance — Proposed Amendment Submitted by AMG and Associates — Action: Discussion — (Judson Brown) {Strategic Plan No. 5, 3B) 6. Emergency Shelter Site Evaluation — Action: Discussion — (Candida Neal) {Strategic Plan No. 5, 3D) Santa. Ana City Council Miguel A. Pulldo, i. Vicente Sarmiento, i Michele Martinez, i Angelica Amezcua, P. David Benavides, i Roman Rayne, i Sal Tinajero, Mayor ! Mayor Pro Tem, Ward 1 ! Ward 2 Ward 3 1 Ward 4 I Ward 5 Ward 6 �I'itl Mayaa.ane.Qrg ysarm'entn2sen MMa:tinOZb�cantaannorn RFmezu ahJ,ama enn oo eeannriQ&5($£s¢t4:SRd:2r9 i IVL'J!3PFnlL39R!.Ib sraaJS.m�snma -ana City Hail, 20 Civic Center Plaza . P.O. Box 1985 . Santa Ana, California 92702 Mayor & Council Telephone: 714 - 647.6900 . Agenda Item Inquiries: 714.647 -6520 . Website: w".santa- ana.ora 13A -9 STAFF COMMENTS COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next meeting is scheduled for Thursday, January 5, 2017 at 5:00 p.m. 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] The complete Strategic Plan document is available at http: l/ www. santa- ano.ora/strateaic-planning � DEVELOPMENT & TRANSPORTATION 2 OCTOBER 6, 2016 COMMITTEE AGENDA 13A -10 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes July 7, 2016 CALL TO ORDER The meeting was called to order at 5:05 p.m. in Room 1600 of the City Hall Ross Annex, ATTENDANCE The following Committee Members were present: Vicente Sarmiento David Benavides Staff present were: David Cavazos, City Manager; Hassan Haghani, Executive Director /Planning & Building Agency; Fred Mousavipour, Executive Director /Public Works Agency; William Galvez, City Engineer; Nabil Saba, Water Resources Manager; Taig Higgins, Principal Civil Engineer; Jason Gabriel, Principal Civil Engineer; Melanie McCann, Senior Planner; Jorge Garcia, Senior Management Assistant; Julie Castro - Cardenas, Senior Management Assistant; Cory Wilkerson, Active Transportation Coordinator; Alma Flores, Strategic Communications Manager; Lorrie Ortiz, PWA Executive Secretary. PUBLIC COMMENTS — Gilad Salmon, member of the Environmental & Transportation Advisory Committee (ETAC), congratulated Chairman Sarmiento for his recent appointment to the Board of Directors of the National Association of Latino Elected and Appointed Officials (NALEO). Mr. Salmon also expressed that the agenda title of the July 7, 2016 Council Committee meeting does not reflect that Councilmember Martinez recommended the establishment of a new transportation committee at a City Council meeting. As a member of ETAC, he suggested that attention be given to Councilmember Martinez's recommendation for a monthly transportation commission, as well as to concerns about safety, transportation and other related issues. It was later clarified that the intent of the suggestion was not to create a third committee; but rather to divide ETAC's duties into two separate committees, one of which would address transportation- related items, and another to address environmental- related items. AGENDA ITEMS 1. APPROVAL OF MINUTES — Special Meetings of February 11, 2016 and April 1& 2016. Motion by Committee member Benavides and seconded by Chairman Sarmiento to approve the Minutes, and approved unanimously by a vote of 2:0. 2. RESIDENT REQUEST TO ESTABLISH A NEW TRANSPORTATION COMMISSION 13A -11 Executive Director of Public Works Fred Mousavipour provided a summary of Council's direction in the last year to include transportation - related issues within ETAC responsibilities, which was previously allowed to only address tree issues. A chart listing the responsibilities of ETAC and the Development and Transportation Council Committee was shown. He noted that the ETAC roles are in the process of being expanded to include transportation; and that the Development and Transportation Council Committee also addresses transportation issues. To create a third transportation - specific committee would be redundant, however may be established per Council direction. Staff's recommendation is to finalize and present to the Council the ETAC revised roles and responsibilities which will include transportation issues. If Council still recommends another transportation- specific committee, the transportation responsibilities could be removed from ETAC, and a transportation- specific committee may be established, with members consisting of subject experts in the field of transportation. Committee member Benavides envisions ETAC responsibilities addressing transportation- related issues as well as tree - related issues. He stated there is a need to define the role of ETAC, but the structures already in place should be determined before considering changing the structure. Chairman Sarmiento agrees with Committee member Benavides in that ETAC should address transportation and environmental issues, and residents should be provided a forum to address these important issues. He additionally suggested that issues affecting the environment including energy efficiency and drought - related items continue to be addressed by ETAC as they had in the past. If ETAC meetings are found to be too lengthy in the future, the issue may be re- addressed. 3. STREETCAR PROJECT UPDATE {Strategic Plan No. 6, 1G & 3, 2C} City Manager Cavazos provided an update on the streetcar project, stating that the project design is 30% complete, there is $75 million in the budget, construction will start in 2018, the system will be operational by 2020 and City is working closely with OCTA. He also mentioned that Council was very supportive of the Santa Ana Regional Transportation Center (SARTC) and a refurbishment of SARTC is also being planned. 4. FIBER OPTIC UTILITY INFRASTRUCTURE /GIGABIT SANTA ANA {Strategic Plan Nos. 6, 1 C; 1 E; 1 G; 11) Executive Director Mousavipour provided background information concerning bringing high speed internet to the city. One of the strategic initiatives of the Public Works Agency is to implement and develop a comprehensive reliable data transfer network. He noted that a high percentage of residents do not have access to the internet. Progress is being made and it has been found that a robust network may be provided due to the existing infrastructure. It was noted that private companies are interested in investing in a Public- Private Partnership Development & Transportation Council Committee Minut July 7, 2016 to implement this program. A PowerPoint presentation summarizing details was provided and is incorporated in the Minutes. Mr. Salmon commented about the possible costs of taking fiber from the street into individual units of large housing complexes, if wi -fi is not used. He suggested being very explicit about providing this street service, and future fees and costs must be taken into consideration during the planning stages. Executive Director Mousavipour further explained, in response to an inquiry, details concerning materials to be used; copper, coaxial cable or satellite are used, but packages must be purchased; one of the goals of this project is to make things more affordable for businesses and residents. Many different types of technologies will be reviewed, and an RFP process will determine services that are available. It was noted that the City must take action now to keep current with other cities. He also provided information on the funding mechanism, which is part of the RFP, and it will then be determined which expert company meets the most requirements of the RFP. The project would generate revenue on the business side. It was noted that this item is informational at this point. This may go before Council in approximately one year. 5. PHASE 1 WATER SHORTAGE DECLARATION — IMPLEMENTATION OF THE CITY'S PHASE 1 WATER SHORTAGE {Strategic Plan Nos. 5, 6F} Water Resources Manager Nabil Saba provided a PowerPoint presentation which is incorporated into the Minutes. He also noted that lots of options are being studied for further action. It was clarified that Santa Ana is moving from Phase 2 to a Phase 1 shortage. Executive Director Mousavipour explained that plans are in place to take the savings from not watering and borrowing $1 million from reserves to convert some major intersections into drought tolerant medians. A timeline will be provided soon. Additionally, the desalination project was addressed, and Mr. Saba shared that the Coastal Commission and Water Quality Control Board will consider the Poseidon Project. Consumption and distribution are at issue, and Chairman Sarmiento noted that he would not be pleased about the possibility of moving water to another part of Orange County. Updates will be provided. 6. SANTA ANA SAFE MOBILITY PLAN PRESENTATION {Strategic Plan No. 5, 6B} Executive Director Mousavipour introduced this item and Drusilla Van Hengel, Principal of Nelson Nygaard, who made the presentation. The presentation is incorporated into the Minutes. Committee member Benavides requested a list of the 14 peer cities which were referenced on Page 2 of the presentation. Chairman Sarmiento commented on achieving higher percentages than those on the presentation in order to prevent Development & Transportation Council Committee Minutek July 7, 2016 more collisions and fatalities at the beginning of the project, sooner rather than later. An unidentified member of the community commented on possible immediate improvements with safety including engineering, solar lighting boxtop crosswalks, and provided an example of 17th and Bristol where the street lines cannot be seen at night. He also suggested contacting the DMV regarding signal timing and synchronization. 7. STATUS UPDATE ON THE HOUSING OPPORTUNITY ORDINANCE {Strategic Plan No. 5, 3} Executive Director of Planning and Building Hassan Haghani stated that this item was initiated by an applicant for a 1200 -unit project, and the developer is required to pay the entire in -lieu fee. The developer wants to build the project in three phases and asked to pay the $9 million in -lieu fee in phases. The ordinance was reviewed extensively by the staff with the help of the City Attorney's Office, but it was found that there was no way to administratively allow the developer to pay in phases. The developer asked for an administrative remedy and was advised that they could apply for an amendment to the Housing Opportunity Ordinance subject to approval by Planning Commission, public hearing, City Council and a meeting with stakeholders. A meeting of stakeholders was held on July 6, 2016, and stakeholders were briefed on the situation and were advised with specifics on the possible changes. The City is processing the application per California law, taking public comments now, and comment letters are invited. Chairman Sarmiento asked the reason rules may be changed at the last moment when the developer had years to negotiate the terms, and noted that there is now a 50% partner to be taken into consideration. He shared that this is a time - sensitive issue due to lack of adequate housing, and resident interests should be taken into consideration rather than developers only; and this sensitive issue should have been presented to this committee in a timely manner. Committee member Benavides commented on being business- and development - friendly, and that a request to phase the payment was not unreasonable under the circumstances. Chairman Sarmiento asked the City Manager to research and provide a compromise, take a look at other options and see if there's a way to address concerns. COMMITTEE MEMBER COMMENTS - None FUTURE AGENDA ITEMS - None ADJOURN/ED — 6:30 P.M. n Lq�` e Orti R4cording Secretary Public Works Agency Development & Transportation Council Committee Minu 4 14 July 7, 2016 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR SEPTEMBER 2016 (STRATEGIC PLAN NO. 5, 1) f:22::2 CITY MANAG CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1efi Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For [eT I0YIIgII1114.ii% ] FILE NUMBER Receive and file the Strategic Plan Monthly Report for September 2016. DISCUSSION The September 2016 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: http: / /www.santa- ana.org /strategic planning/ 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 item. 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: BUDGET SURPLUS ALLOCATION UPDATE (STRATEGIC PLAN NO. 5, 1) c CITY MANAGER RECOMMENDED ACTION Receive and file the Budget Surplus Allocation Update. DISCUSSION CLERK OF COUNCIL USE ONLY: /G1:7 :JCiDl4i�7 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ set Public Hearing For® CONTINUED TO FILE NUMBER On October 20, 2015, the Mayor and City Council adopted the Budget Surplus Allocation Plan and authorized $11.25 million to various projects for one -time improvements /replacements. The attached report provides an itemized listing that includes estimated costs, updates, timelines for completion, and the responsible department. 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 item. EXHIBIT: 1. Budget Surplus Allocation Update 1913-1 19D-2 6 Pralegt A '� Cy UPda�e pri godt` p, Cps ,ry y) fSnt w c geefppd E � �" a An order for Street Furniture movable chairs, tables, and CDA Placemakfng $100,000 umbrellas has been placed, Additlocola, funds have been committed to On Track 7/1/201] support the WhII[s Sullivan Art Project Staff are in the process of identifying addltlonal steamed, projects to fund $99,750 was allocated to the County of Orange to astend the Emergency Armory Shelterfor 21 days, $90,000 was allocated for a contract with City Net, contingent on additional funding from the County of Orange that was CDA Homeless $400,000 to be considered on 10/25/2016. Do 9/27/2016, the County of0ange On Track 6/30/2017 approved an agreement for $300,000 with City Net Independent of the City of Santa Are $300,250 remains to be allocated for best use to reduce homelessness in the Civic Center North Star Is In the middle of the Research phase of the project and will continue with addltional surveys and Interviews, internally and externally, throughout October. The goal date of November 15 has been Identified for a presentation to the Santa Ana City Council of the research gathered and North Stars Insights and recommended strategic positioning for the Santa Ana brand. An online preview 0f the research and strategy will be made a CMO Branding $200,000 few days in advance to a small group. The Creative and Aci0n Plan phases on Track Apr 17 of the project will fallow the approval of the strategic positioning, The Creative and Action Plan phases of the project typically require about 3 months, but because it involvesthe evaluation of creative elements, It Is hard to predict an exact end date. North Star's expectations for completion would be late winter /early spring 2017. A list of communications and outreach /communications related equipment CMO Communications $190,000 has been developed and purchased. Survey and review of public On Track Dec -16 relati0ns/communications RFPS from other public agencies underway. Fund has been established and reflected in BY 14 -15 CAFR Notes /Financlal FMSA Pension Stability Fond $500,000 Statements; an irrevocable trust has been established with an agency and Completed 6/30/2016 the City's funds is deposited. FMSA Po lice Departmentlall; '1 $150,000 Final RFP was Issued 8 /30/16. Bids to be submltted by 10 /04/16 On Track 11/30/2016 Renovations The Jerome Center Gyms sound panel project has been completed as of Jerome Gym Center- Jerome Center - 8/25/2016. Completed 8/25/16 FMSA Jerome Center Gym & Southwest $50,000 Senior Center Facility Renovations The Southwest yen for Center Facility Renovations for exterior and Interior painting is projected to be completed 10/31/2016. The RFP was Issued on Southwest Senior Southwest Senior 1, 8/19/16 a no RFCA is scheduled for CCM on October 18, 2016. Center - On track - Center Center2016 Hounces met with Software vendors In February and March to explore available pr0ducts. The RFP is expected to be released in December, with Budgeting an RFCA presented between April and May 2016. Purchase ofthe software Budgeting application- Application - Is scheduled forJUne1,201]. On Track 6/1/201] FMSA Financial Budgeting Application $400,000 Currently In the process of finalizing a licensing agreement with Govt -vest and scheduled to be purchased bathe end 0f September 2016. The software allows the Finance Department to make Investment assumptions Govinvest - On Track Govinvest- for the unfunded Iiablllhy pension. 09/30/2016 Corbin Center Corbin Center Improvements- BuIll Maintenance has completed in obtainin gcommodes. Corbin Center Commodes - Complete Commodes - 05/03/2016 FMSA Re4ro0m Ren0vatfon &Facility $50,000 Currently in the process of 0btaining quotes for interior painting; RAP Issued Improvements 0n8/19/16 and RFCA Scheduled for 10 /18/16 , Corbin Center - Palnting Center -On Track Ps In ting- 10/31/16 Roof Restora tion- Roof Restoration - The roof restoration was completed on 5/3/2016. 5/03/2016 FMSA Corporate Yard: Roof Restoration pore 650,000 Complete Facility lty Renovations RFCA for replacemen [ /upgrede 0r' water wise car wash station is scheduled Water -wise Car to be presented 10 104/2016. Wa ter -wise Car Wash- Wash - On Tack 11/30/2016 Project spechucations have been completed and concurrence has been FMSA ChI1ler Replacement- Cal State Fullerton $450p00 eceived from Ca l State FU hert on In implementing the pia n in replacing the 2nd St. Promenade et' ulpment; RFCA t0 award project was completed April 2016. PO was On Track 11/30/2016 Issued 06/21/16. Project scheduled for completion November 2016. City H all Facility and Safety Bu lid fng Maintenance Issued an RFP On 8/17/2016 and an RFP rescheduled FMSA $155,000 to be presented on 10 /17/ 2016. The estimated completion date l5 On Track 11/28/2016 Renovations 11/28/16. FMSA El Salvador Center - Upgrade Exterior $15,000 The project was completed on April 15, 2016. Completed 4/15/2016 HVAC Security Enclosures Fleet Replacement-Police, Public Purchased 32 vehicles in the amount of approximately $1M. 2 CSI Vans FMSA Works, Finance, Plan -fng and Build Ing, $1,300,090 were re purchased In October 2015, 10 PD motorcycles In Me rch 2016, 13 mid OnTrack 12/31/2016 Parks &Recreation- 44Vehfcles trucks May 2016, and 75UV interceptor patrol vehicles In May 2016, (32 purchased to date) FMSA Newhope Library -HVAC Project $40,000 An RFP was issued on Si and a job walk was completed 8 /18/2016. On Track 11/15/2016 The RFCA Is scheduled to be presented on 10/04/16. IT Plan, In,& Building Permitting $300,000 Eva lusting necessary software/applications options with the Plan king and Application Building Agen, On Track 12/31/2016 Network, Data Centers and MritIple projects: Identifying hi gh- priority netw0 m equipment requiring IT Servers /Software, Communications $1,065,000 replacement' determining strategy to reduce data center disaster risk, On Track 6/30/20P Upgrade expanding expanding storage and server capabilities, and enhancing systems. 19D-3 19D-4 , , , ; a�bepslo rip w - EitiG ea { Oppt pasolpijtlm '- Orujeet Cpat eLdfat update y ',a,, Resahedulk$rk z ao'hi5`��ILN, b .,. , 4 s r .. ..,, _-... ... a ` J CoPo lek� =: ,... .. ea :,: In preparation f purchases Developing Mobility (En dollues, p licies and farms. Developed inventory moblllty Inventory management system. In IT Equipment u des- pgra process of standardizing PC hardwareto develop specifications Identifying IT Cschrol rs/la heaps, mobile $2]3,600 On Track 3/31/201) technology, phones equipment and specifications of scanners. Developing requirements and criteria for PC Service Desk latform tool for improved p prove PPOYt and management of all IT equipment assets Staff Is scheduled to complete a dentled exemtive summaryand accompanying video witch will earmarks potential tradeoffs identified from the miviel unity and youth -based outreach. The executive summary and videowill be PEA General Plan $1,000,000 discussed with the Planning Granduncle, Council SUbcammltleas, soon to be On Track Iul -18 formed General Plan Advisory Group, and ultimately before the Ltty Council for further direction. Draft RFP for technical consultants will be released in early fall. To date, there has been $55vie o In total expender res. UP's out for consultants to prepare several documents for the spurred expansion Project, Including several technical studlessuch asugreenhouse gases, noise and PBA Mefro East Expansion $100,000 trout. In add hloq a separate RFP was distributed for the preparation stew On Track Jun 17 environmental document for MEMO expansion The consultants for these H We'd are anticipated to be selected In late September and should be authorized to begin work by Gashes. RFP was hued and Inlflal evaluation has been completed. PD to begin field PD Body Ca mesas $350,000 testing two different sytems In September. Projected Council consideration OmTreck 2/28/2M] for award of contract is exptected In November, with project ere lnlng and iphod entation scheduled for early 2017. The transfer of funds to jPA we completed in 15/16. PWA IS working on PCSA R Civic Center IPA - Renovations $419,000 the projects. Funding was carried over from 15/16 to 16 /17 to complete the Completed 6/30/2017 projects PRCSA Santiago Playground Equipment $230,000 contract was awarded for the purchase and Installation ofthe equipment On Track 11/1/2016 on August 16, 2016 This project is scheduled for Fiscal Year 201617. PRSCA staff met with PWA PRCSA Angel Restroom Renovations $50,000 design stefito identify critical Items to be updated. Staff is In the process of On Track Died 16 s ollclting bids to determine purchasing processto undertake. PWA SARTC Deferred Maintenance -If $650,000 Rescheduled Rescheduled TIED Replacement my to overall repairs', held pending City Manager's Office PWA Security ughtingat Various Parks $540,000 Council Award scheduled for9 /6/16 On Track Apr -17 PWA DYED Field #2 Synthetic Turf $640,000 Project completed. Wrapping up punchlist items. Ahead of Schedule Aug 16 S antiago Dike Trail Santiago Bike Trail Resurfacing Santiago Bike Troll Resurfacing is currently being advertised, Boom Kurt l End of 2016, PWA Project /Bomo Kurt l Sidewalk /Walkway$220,000 onruck Renovation Sldewal /Walks, Renovation is oa schedule Bomo total, First quarter, 2017 PWA Worrvlew/VJindsor /Cabrillo $312,400 Project 40 So completed. On Track Ni Improvements Detailed needs assessment interviews with participating city agencies Late Lucy /Early PWA Asset Management $300,000 complete, Vendor is compiling interview data into notes for review. Project On Track Dec. combined with GIS System Development. Detailed needs assessment Interviews with participating city agencies Late Nov /Early PWA GIS System Development $125,000 complete. Vendor is compiling interview data into notes for review. Project On Track combined with Asset Management system development. Dec. PWA Calle Capture Street Signs and Plaza $25,000 urin Procg signs On Track Oct -16 Calla Cdatco Slgnage 19D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CITY OF SANTA ANA GENERAL PLAN UPDATE - STATUS REPORT {STRATEGIC PLAN NO. 3,2A) i CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 19` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file City of Santa Ana General Plan Update status report. DISCUSSION In March 2014 the City Council adopted the Santa Ana Five -Year Strategic Plan. The Strategic Plan was the result of an extensive community outreach process and established specific goals, objectives and strategies to guide the City's major efforts during the next five years. The Strategic Plan identified seven key goals, which served as the focus for the development of the objectives and strategies. Strategies were developed to implement the policies in each of these goal areas. One of the key strategies is to complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to the goal of equitable economic development. The General Plan Update was initiated in November 2015. The City's Planning Division in collaboration with the Community Engagement and Neighborhood Initiatives Program conducted an extensive community outreach program between December 2015 and July 2016. Designed to define the character of our city, our first outreach efforts asked community members what they enjoyed most about their neighborhood and their city and to describe their greatest concerns about their neighborhood and city. Participants included residents, local leaders, the business community, and advocacy group representatives. In addition, a summer program led by local youth focused on youth concerns. In all, over 40 public meetings or events were held with 457 people participating. The results are summarized in the attached Santa Ana General Plan Update Community Outreach Executive Summary — Conversation One (Exhibit 1). Staff is working diligently towards completion of the General Plan to achieve the goals established as part of the City's Strategic Plan. Staff anticipates completing the plan by 19E -1 City of Santa Ana General Plan Status Update October 18, 2016 Page 2 September 2018. The attached General Plan Update Schedule Overview outlines our next steps (Exhibit 2). STRATEGIC PLAN ALIGNMENT Continued work on the General Plan Update 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 A (Complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to equitable economic development). FISCAL IMPACT There is no fiscal impact associated with this action. -� F�assan Haghani ni, AICP Executive Director Planning and Building Agency VC: rb Mreports \General Plan U pd ate.CC. 10. 18.16 EXHIBITS: 1. Community Outreach Executive Summary— Conversation One 2. General Plan Update Schedule Overview 19E -2 Eanta Ana General Plan Update Community • } Executive Summary r I kMita IIIIlell 0610 This Community Outreach Executive Summary represents the first step in updating Santa Ana's General Plan to guide its future. The City of Santa Ana has reached out to residents, local leaders, and stakeholders to participate in the development of a Shared Vision for the future of Santa Ana. Thanks to the efforts of over 485 individuals, this Executive Summary highlights the community's concerns, hopes, and vision for the future of Santa Ana. These community outreach efforts began in November 2015 with a kick off meeting and were followed up with one -on -one meetings with City Councilmembers. As of October 18, 2016, the City of Santa Ana conducted a total of 40 meetings in support of these outreach efforts. Community workshops were held with local service organizations, youth representatives, seniors, the business community, and neighborhood leaders. In addition to these focus groups, outreach meetings were held in each of the six City Council Wards. EXHIBIT 1 General Plan Community Outreach Executive Summary CC 10/18/16 19E -3 1 As part of this commitment to local engagement, over 162 Santa Ana youth participated in a summer outreach effort to gather feedback and encourage youth involvement in the update of the Santa Ana General Plan. Their input resulted in the creation of an easy to understand infographic, the establishment of a social media campaign utilizing a customized hashtag ( #SantaAnaGeneralPlan), and a series of pop -up events throughout Santa Ana. "U f;i " The meetings attracted a wide range of stakeholders representing various constituencies across the City including seniors, business leaders, community advocacy groups, youth, neighborhood association leaders, mobile home park residents, school parents and neighbors from different geographic areas of the City. Each meeting was able to reach a different segment of the population. This helped to ensure that a greater portion of those impacted by the plan will have the opportunity to participate in the development of the City's Shared Vision. Z • C There were a number of tools used to invite the community to join in the General Plan Update conversation. This included noticing conducted through announcements posted on Nixle.com, promotion through the City website, voice broadcast messages to interested residents, e-mail broadcasts to constituent groups through Constant Contact, and through direct promotion by school, faith -based and non -profit partners. General Plan Community Outreach Executive Summary CC 10/18/16 19E -4 2 These public meetings took place at a variety of locations including Santa Ana City Hall, Lincoln Elementary, Santa Ana Downtown Senior Center, Santa Ana Regional Transportation Center (SARTC), City Public Works Yard, Madison Elementary, Newhope Library, Carr Intermediate, Santiago Elementary, Kidworks Learning Center, Valley High School, Santa Ana College, Lorin Griset Academy, and the Nicolas Academic Center. Participants were greeted by City staff who presented a sign -in sheet and a citywide map where participants were asked to place a colored dot on the map representing their respective residence or place of business. Depending on the neighborhood, Spanish and Vietnamese interpreters and translators were available for those preferring to communicate in that language. Individuals were also provided a copy of an "important topics" survey to complete in preparation for the workshop discussions. Following a brief introduction to the basic elements of the General Plan and its role in setting the VISION for the future, attendees participated in a small group discussions related to two items of conversation that coincided with a survey provided upon their arrival to the community workshop: 1) What are three topics are the most important to you in Santa Ana? 2) Tell us more about each of these topics. General Plan Community Outreach Executive Summary CC 10/18/16 19E -5 7 Individual group discussions included a staff facilitator and scribe who transferred ideas onto a paper flip chart. All members were asked to participate in the smaller discussions. One participant at each table was later selected to represent the group as part of the next exercise which involved reporting out to the larger audience. Through a series of small presentations, each group leader shared their findings based on the smaller discussions. The following pages provide a summary of the discussion and small group presentations, as well as highlights from the individual handwritten "important topic" surveys submitted to the City by the community. In organizing and reviewing the community comments, a number of reoccurring topics or themes were identified. These themes and related comments shared by the community are provided below, and will be referenced as the General Plan is updated to clearly describe Santa Ana's new Shared Vision, policies and programs for action. The General Plan Update will also build on the 2014 Santa Ana Strategic Plan created through extensive community engagement. This Executive Summary will be used together with an upcoming video to be shared with various boards, commissions and the newly established General Plan Advisory Committee. These groups will serve as a "sounding board" to ensure that the voice of the community was acknowledged and establish direction for the creation of draft policies as part of the new General Plan. General Plan Community Outreach Executive Summary CC 10/18/16 19E -6 4 Y � Y The following are the ten emerging themes as a result of the initial community outreach forums and comments: • Arts and Culture • Business & Economic Development • Community Facilities & Programs • Community Safety • Health & Sustainability • Housing & Neighborhoods • Human Services & Social Justice • Mobility • Visual Character & Design • Youth Development Within each of the emerging community themes, the conversations and comments by residents and local interest groups were further organized by topic, challenge, and /or community values: UTITTM Will 1. Diverse Culture: Sense of culture, Passionate about the neighborhood, Cultural diversity (new and exciting people), Diversity of population (singles /families, etc.) which brings interest to life, Diversity of cultures, Strong cultural presence, Multi- cultural General Plan Community Outreach Executive Summary CC 10/18/16 19E -7 5 environment, Diversity in people, Ethnically diverse, Need diverse City Council, Sense of community 2. Great Downtown: Bring the arts out of downtown and bring citywide to all communities, A general Lack of art programming in Santa Ana, More murals in neighborhoods, More cultural arts, Lack of cultural programs, Artistic Arts and Downtown — murals, artists, musicians, Skilled work force, Artistic, Culturally rich variety, Art walk events, Arts, Museums, Music, Programs for children, Expansion on Art Potential of the City (residents interested in aesthetics) 3. Architectural heritage: Rich cultural history, Following traditions, Longtime residents care for the City, Families, Diversity in history, Celebrations are important for community engagement and cultural education on holidays, Educational /cultural opportunities, Festivals, Cultural events, Culture in downtown, Culture and people, Urban design, Architectural preservation of historic homes, Historic capital of OC, I like Santa Ana because of the people, Culture, Churches, Parks, and Public transportation: it's pretty 4. Young population: Young population, Authentic community makes Santa Ana more attractive, Sense of community, College graduates come back, Local talent being promoted by schools, Family oriented 5. Good Food: Good food, Santa Ana has flavor, Sense of home (modern and traditional food), Food revival a f u, 1. Successful businesses are important: Focus on economic development that does more than grow tax base, More developers and projects that bring revenue and tax, Business retention, Moved three times in last ten years, Santa Ana's success in Southern California will largely depend on ability to attract investment on a commercial and residential level, Property values due to lack of tax incentives to stay, Business attraction and retention, Revenue to pay for services, Need a balance in revenue generation, Expanding and seeking to grow, Not investing into the City, Not attracting businesses, Santa Ana doesn't market itself, Lack of funding for commercial improvements, Need a good quality hotel versus motels in northern Santa Ana, Need more hotels and bed tax, Lack of hotels for tourism, Loss of tax to other cities because consumers leave to shop elsewhere, Lack of traffic, Shop in Costa Mesa and not in the City, We are not Irvine, Impacts on Santa Ana should be distributed regionally General Plan Community Outreach Executive Summary CC 10/18/16 19E -8 R 2. Not business friendly: Red tape to get a business started, Time and experience, Difficult planning process for new businesses, Attracting and keeping businesses, Perception, Business attraction, Negative reputation of City, Expedited permitting, Plans and permits, Not a reputation for business startup, six to eight week turnaround time too long, Affects entire economic system, Need to see the process in action, Not one size fits all approach, Small business permit in process, Eliminate business license, Low income community, Housing regulations are burdensome and not business friendly, Business friendly, Encourage more opportunities to work in the City, Too many rules for businesses, Signage ordinances for businesses, Code enforcement, Cost of water and rent and business permits, Space is still expensive depending on the type of business, No issue for industrial, Preserving existing industrial areas in the City 3. Businesses for Santa Ana: Too many liquor stores on every corner, Investments that benefit low- income families, Focus on economic opportunity for Santa Ana low- income residences, Nexus between economic and affordable housing, Clear access and connection between new jobs and local residences, Increase access to job training for new jobs, Tap into local skillset, Creating well - paying jobs for the population to keep taxpayers and reduce homelessness, Neighborhoods neglected, Lack of City investment, Create programs between local businesses and school district to create student programs, Investing in intervention programs for youth and education and arts and culture (ex. Barrio writers, culturally relevant art and music programs, Jovenes Noble, Xinachtli), More businesses and jobs for youth, Increase skills training all ages, Businesses closing and no employment opportunities for youth, Small businesses, Gentrification and locals being pushed out, Bars impact businesses, 4. Downtown Investment: Downtown Santa Ana reinvestment, Re -birth of downtown, Restaurants are independently owned, Downtown unique investment, Maintain uniqueness, Vacancies of 2nd Floor are typically offices, Tough to start business on the 2nd floor of 4th Street in downtown, Art District expansion improvements, Commercial options of restaurants and stores, Downtown and the market place, New downtown great food options, Work with existing businesses to help develop, Focus on local businesses on 4th Street, Attracting and retaining businesses, Economic development focused on growing base of small businesses, Santa Ana Business Council (SABC) for small business groups, Push cart vendors General Plan Community Outreach Executive Summary CC 10/18/16 19E -9 7 5. Citywide Investment: Too much focus on downtown, Some of the changes in downtown should also be implemented in our neighborhoods, Main Street has no retail shops or fresh food- only automobile shops, Add restaurants for economic development, Business improvement district, Reinvestment in properties by preserving and restoring, No incentives for properties to reinvest, Lack of services on South Main Street, Too car focused for business connection, Preserve small business to remain on South Main Street, West of Bristol Street receives less City attention, Disproportion in downtown, Focus outside downtown, Downtown doesn't bring new business, More economic development on Grand Avenue north of 17th Street, Senior center, Loss of retail at MacArthur Boulevard and Fairview Avenue, Shopping center doesn't have business, Keeping businesses open (17th Street/ Grand Avenue), There is a lack of diverse grocery stores /restaurants: only ethnic stores, mix of land uses along Harbor is not working /really bad 6. Unique attractive qualities: Access to mall and downtown, New development by City Ventures is good for the neighborhood, The City is central to a lot of stores /retail, Commercial /residential development that blends with surroundings, Attracting investment, Improving services, Small businesses, Mixed -use, Building design, Quality of development, Economic development: land use plans allow certainty (ex. Harbor Mixed Use Corridor Plan), Harbor Boulevard and Bristol Street, Development opportunities, Development around train station Community Facilities and Programs: 1. Need more community centers: Lack of community centers and libraries to match population, Open Space, Not enough parks, Parks reduce obesity and increase socialization, Lack of parks and spaces for families, Services for children (lack of recreation), Programs for entertainment, Increase hours of operation /technology Wi -Fi, Coffee shops, SAC library (during finals), Public libraries (during finals), City recreational/ community centers, Study hall spaces (during finals), Access to childcare so parents can work, Community center, Community centers and services, Lack of open space, Lack of community centers especially near Madison School, Establish kid programs closer to east side of Santa Ana similar to Jerome Park, Need more places for kids to play versus playing on the streets or in empty lots /fields, Lack of parks which are not maintained, No public library on south side community, More programs for families in north Santa Ana, Parks and recreation, Childcare, No library in south Santa Ana, Public library in north Santa Ana overrun by homeless, "I used to love the library" General Plan Community Outreach Executive Summary CC 10/18/16 19E -10 0 2. Parks are not safe: Parks need to be safer, Gangs not allowing residents to use parks, Parks (Jerome), Lights go out too soon (Ex. hand ball courts), Lighting needs to be enhanced /improved, Disorder in public places, Safer parks, Good and fast graffiti removal service, Alcohol /rehab centers (1311 North Grand Avenue), Identify location of centers for over concentration, Jerome Park- negative activity, Jack Fisher Park safety and lighting Parks (w /o mischief), Parks, Fisher Park- homeless, drug users, tent city under bridge, marijuana, Young kids getting into pot and smoking at parks, Code enforcement, More police, Enforcement of ordinances that were given, Illegal medical, After- school programs to keep kids occupied so they don't fall prey to gangs, Need re- entry programs for released offenders, GRIP program not used by schools or Police Department, Not educating people about resources, Trade schools for paroles 3. More public events: More street events to bring community together, Community events and fairs, Participation from the community, More Santa Ana Unified School District and City events, Communities come together for activities, Social events like open garden day, 4th of July parade, Activities from different neighborhoods, Snow party, Easter, Family movies, Bingo, Lawn browsing, Newsletter, Christmas decorations, Discovery Science Center 4. Senior services needed: Senior programs, More hospitals, Senior centers, Adult care homes, Senior programs, Day care for grandchildren and activities for seniors, Lack of attention to senior needs, Food services, Lottery for entertainment, Healthcare, Medical services, Emergency Operations Committee and citywide program — involve all, Related partnerships /senior groups, SER apartment management for complexes, Office on Aging, Council on Aging, Senior on Aging, Senior Boards, Retiree organizations, Senior need for recreation, civic engagement, training, translation, Expand network of senior organization so all are at the table, Other partners that help seniors (representatives from church, youth, etc.), Seniors are not aware of paramedic subscription plan (pay $60 /year and no bills for service), Lack of programs related to exercise and education for seniors, Senior service and healthcare, Better public schools with better reputations, Need senior center north of 17th as well, Need senior recreation, Senior center in north Santa Ana 5. Need better maintained facilitates: Need for maintenance in parks, Equipment, Facilities, Too few parks, Not up kept, Public centers have lack of means for healthy sanitary systems, Stations for smoking, Too many people smoke wherever they want, Street sweeping in areas, Restart of collection activities near freeway ramps and bus stops, Larger trash containers, Park maintenance needs improving, Clean commercial centers, Gardens and parking spaces, Maintenance and cleanliness of food trucks as General Plan Community Outreach Executive Summary CC 10/18/16 19E -11 G they leave trash all over neighborhoods on curbs and yards, Street Maintenance (street trees) 6. Lack of open space: Lack of open space, Parks, Need wider range of areas, More public parks that are safe, Dog parks, Benefits that parks used to have such as swimming pools and gyms, Park maintenance, Keeping options for residents, Public facilities, Common areas in residential developments, Mobile home parks with pool and BBQ areas, Policies that ensure mobile home communities the right to have access to laundry rooms, recreation rooms, room to socialize, Seek opportunities to add parks whenever and wherever, Open space agreement with schools such as Valley School, Parks and Recreation Department, Open the high school track at Santa Ana High School as a community area, Empty lots: donate as community garden or safe space, Lack of open space, Additional park opportunities, More public schools, No joint use of parks and schools, Open space, Need more options for children on 1st and 17th Streets 7. Many local attractions: Amenities such Bowers Museum, Discovery Science Center, zoo, Mainplace, Orange County School of the Arts (OCSA), Easy to meet people, Four parties per year, Saint Anne's Church, Public spaces downtown, Downtown storefronts, Access to public services (shops, churches), New schools, Orange County School of the Arts (OCSA), New schools to serve neighborhoods and serve as upgrades for next generation, Enjoy the exercise park at 6th Street and Brown Avenue, Windsor Park is hidden gem: love the trees, Good neighbors, Cohesiveness, Park, Shopping (South Coast), Churches, Businesses, New and old families in neighborhood (Riverview west), Local shopping nearby: everything is close together, Fundamental schools, Thornton Park: walkable, dog friendly, Jerome Park and Senior Center, Thornton Park: abundance of "nature" and open space, Downtown festivals, Shakespeare in the Park, Show - mobiles /stages, Effort to provide opportunities and structure to participate, Bowers, Discovery Science Center and Downtown charter schools, Cultural center, Cool restaurants, Orange County School of Arts, Santa Ana College, Bowers Museum, 4`h Street, Santa Ana Zoo, Westfield Mall, Day of the Dead, Taste of SA, Downtown food trolley night, Downtown Santa Farmer's Market, Council meetings, Nature Center at Santiago Park, Good alternative schools, City Hall architecture, Neighborhood events, Bowers Museum and Programs, Fun activities, Keep Fourth Street called "Fourth Street" not Calle Cuatro 8. Aging infrastructure: Infrastructure in regards to internet usage, Providers, Access to high speed, Connectivity: technologically and with each other, Barriers, Aging infrastructure, Communication /cell tower on South Greenville Avenue, Bus shelters, Communication, Shelter purpose- please tell community, Extra challenges to those with General Plan Community Outreach Executive Summary CC 10/18/16 19E -12 10 economic disadvantages, Install emergency Call Button Line at bus shelters and parks, City needs to communicate better, Promote information of the City online, Community Facebook, nextdoor.com, Listen better, City employees don't live here, Elect City Council members by Ward to ensure ownership and representation, Neighborhood Initiative, Scott and Margarita, City communication with community, Newsletter delivery 9. Equitable access: Equity activities for handicapped, Education disparity, Public restrooms for homeless, Women and safety programs for homeless, Shelters, Rehab centers, Women's Center (programs and space), Space where women can feel safe and have access to programs (health/ xinachtli), More spaces where woman can engage and open daily (access to all), Child care, Woman wellness center is needed for women of all ages to have a place that is not male dominated that they can use to relax and learn dance and martial art skills, Need grocery store on this side of town, one that isn't Hispanic or general 10. Educational opportunities for youth: Acceptable educational options for children which are not private, More public schools, High schools, Security in schools, Safety, Poor public schools, Result of underfunding, Schools near Edinger Avenue, Programs, Improvements in material related to science and technology 1. Gang activity: Gangs, Crime, Gunfire and shootings, Gang violence, Gang activity increasing, Gang injunctions do not help our communities but instead separates and harms our families, Gangs gathering in front of homes and neighborhoods, Security, Police station, Lack of security (lack of police intervention with gangs), Gang violence causes people to leave Santa Ana, Proactive gang enforcement, Gangs outside that are coming into the neighborhood, Shootings (Townsend Avenue area) where innocent people being killed, Neighborhood safety issue, Gang infestation through our neighborhoods, Gun violence, Exposure to violence, Safety in the community, No security 2. Public lighting: Street lights not working properly, Need more street lighting on Spruce Street, Street lights don't function, Streets, bus stops and alleys too dark, Alley ways unsafe (1st Street and Jackson Street), Better lighting, Some sidewalks lacking, Make neighborhoods safer, Public lighting, Street lighting needs improvement, Issues with lighting and dark areas, More street lighting (Rene Drive & Borchard Avenue), Insecurity of women on the streets, Women carry bats General Plan Community Outreach Executive Summary CC 10/18/16 19E -13 11 3. Community Oriented Policing: Missing community oriented policing, Lack of community policing with trauma and culturally informed practices of Santa Ana, Proactive not Reactive, Community outreach, Lack of community policing, Communities need prevention and intervention programs but not more police in the neighborhoods as that brings more fear because of police distrust, Public safety free from false labels or criminal association, Police brutality, Build trust with community and lower income neighborhoods, SAPD community relationships, Treat public respectfully, Lack of trust in police, Problematic collaboration between police and ICE that create fear and mistrust between community and police security (shift changes are well known), Youth prevention, intervention and support (reduce number of youth in juvenile justice system), Schools lack proper security, Safety issues, Security for kids in schools, Expand the safety circle for students, Fights are breaking out, Need additional SAUSD and City cooperation, Stealing from schools because they do not close 4. Concentration of homelessness: Homelessness Citywide, Business owners having trouble with homeless, Too many in the City and they are becoming more aggressive, One senior was assaulted at a bus stop outside of the senior center, Homeless have begun to take our food and coffee, Started to attend our free events and take our food, Utilizing our recreation room to use as a restroom, Homeless are bathing in our restroom, We do not feel safe in our own apartments, Homeless drinking, Homeless in front of library begging, Children walk and bike on riverbeds and are exposed to drug use, verbal threats, etc. 5. Reduce injuries and fatalities: Traffic control, Street crosswalks need to be improved and flashing beacons at alley crossings, Safety issues with car racing, Number of hit and run accidents, Traffic light issues and accidents at Segerstrom Avenue and Spruce Street, Accidents also on Raitt Street & McFadden Avenue, Turning left and right, 10 to 15 accidents yearly, Street repaving, Illegal parking, Sidewalks need to be at level so seniors will not trip or get injured, Paving in front of senior center is uneven (senior #1 fell and broke a tooth, senior #2 broke a leg), Not enough senior center housing and the waitlist is of two years or longer, Frequent power outages (at least two per year), Natural disasters (earthquake, flood, etc.), When it rains streets are easily flooded 6. Public drug use, graffiti, vandalism, and theft: Crime, Drugs, Re- occurring pot shops, Illegal marijuana dispensaries on Ross and 17th Streets keep re- opening, Drug use, Guys into drugs end up sleeping in public parks and ask for money for drugs, Drugs in specific areas (Chestnut Avenue and Hazard Avenue), Smoking marijuana, Graffiti near Washington Square, Behavior out in public doesn't look good for neighborhoods- General Plan Community Outreach Executive Summary CC 10/18/16 19E -14 12 can the City limit these activities, Vandalism, Tagging, Litter, Public urination, Cleaner streets in general, Safety, Cleanliness, Tranquility, Burning tires, Crime, Car break -ins, Mail theft, Theft, Robberies, Crimes against landscaping, personal belongings and tools, Barking dogs, Fireworks, 1st Street bridge: noise issues at midnight, sound wall made it worse, Dumpster divers, Trash pickers 7. Crime damages City brand: Santa Ana may be safer than perceived, Feel safe and not afraid to walk at night; Neighborhood feels safe, Good Police Department service, Safe in our neighborhood, I can sit outside with my front door open without fear, Some people are afraid to come to our City due to gangs, drugs, crime, murder, and rape 8. Established criminal activity: Prostitution in general, Prostitution in and around 5m and Hazard Avenue, Harbor Boulevard by Westminster Avenue to Camile Place (used to be a police presence and activity decreased), 1" Street and Bristol Street near church — a lot of drugs and prostitution diminish attendance of the church, Church lot — kids can't play because of discarded syringes and condoms, Gangs near bike trails, Santiago Creek has issues with gangs, drugs, homeless, Riverbed crime including shootings, gangs, graffiti, Vandalism and graffiti in and around motels, Issues behind Food4Less include prostitution, stealing, gangs, drug activity, Graffiti in and around mobile park, Code conflict with safety on properties, Safety issues near Del Mar Apartments further worsened issues, Need more communication with the community in the decision making process related to safety 9. Restore Police Department trust: Scared to call the police, Fear and lack of respect for police, Abuse of police department, School police working with community intervention workers, Use positive motivation with police power and move away from suppressive use of tools and batons resulting in poor youth interactions, Pulling funds from the police department or at a bare minimum putting a cap on the current city budget for the police department, Santa Ana PD are more involved with community, Programs with police to help students, Police not cooperating with neighbors when they notify where crime is taking place, Neighbors are afraid to call Police Department or speak out, Gang activity results in racial profiling, Trust building with Police Department, Additional police, Scared to call police and leave personal information, Place cap on Police Department budget 10. Existing police resources: Police not being used efficiently, More visibility of police needed, Safety: need more policing, City is not utilizing police well, Police response time is too long, Better system to find who to call for complaints, More community involvement, Safety as a community, Safety in general: too many people living in certain General Plan Community Outreach Executive Summary CC 10/18/16 19E -15 1XI areas, Not enough police, Safety and security, We need more cops driving around the center to feel safe, More cops equals more safety, Do not feel safe walking through the homeless to get to our homes, Need more officers patrolling, Graffiti, Crime control, Need more safety, Police force, Police Department overloaded- not enough, too busy, Police staffing, More police presence in neighborhood, There should not be many fire arms, Families feel unsafe, Have more restroom security at the senior center as they do not feel safe, City took away the park rangers and now we do not feel safe, Have more security at the parks, Homeless have started selling drugs in the parks, Picnic tables outside of the senior center are used to sell drugs, Prostitution in the park, Car break - ins, Security, surveillance, community safety, and education on public safety, Educate children on how to properly cross the street, Adequate street lighting for community centers, Telephone scams for money, Improve safety for bus riders and bus stops, Insecurity with people in the neighborhood, Community-based policing, Homelessness, Like the process with taking care of homeless, Better enforcement with regards to homeless, No follow -up from City to residence with regards to homeless, Public relations for homeless issues, River bed needs to be maintained or policed 1. Healthy food options: Lack of access to healthy food sources resulting in high obesity rates, Access to healthy food options, Bring businesses such as Grocery Outlet, Food access, Education, Affordable options for healthy food, Open space (also part of youth), Games and programs to maintain good health, Urban agriculture, Urban gardens, Wellness center for women, Community centers developed on city owned vacant lots, Education of healthy alternatives, Too many vending trucks, Food trucks are not healthy- establish policy to limit unhealthy food and big chains, Healthy food 2. Sustainable buildings: Sustainability through revitalization and reuse of existing buildings, Resolve existing issues such as water supply, Adjust building codes, New technologies, Incentives to include conservation measures, Grant partnerships, Opportunities for reuse of buildings and vacant sites, Revitalize all areas and downtown 3. Water resources: Observe level of resources, Water in Santa Ana is clean and good, Santa Ana has award winning Water, Drinking water needs purification, How to accommodate water resources with increased density, Over population, Cost of water, Cost of lawns being watered, Unwatered lawns make houses look abandoned 4. Public infrastructure and utilities: More power failures here than in other locations, Challenges with power, Clean and consistent, Storm water drainage problems in some General Plan Community Outreach Executive Summary CC 10/18/16 19E -16 14 areas, Include natural gas in transit and infrastructure, Power outages, Large installations to ft demand, Electricity and gas control, Illegal dumping on Susan Street and 1" Street alley S. Quality healthcare: Support healthcare enrollment (social) with City involvement, Public health issue resulting from people needs, Health care for all, Senior health care gaps, Healthcare expansion for selective services, Make the medical industry more sustainable, Need a clean environment to live in 1. Affordable housing: Rent and utility bills increasing every year, Resident ownership of parks, Rent control, Rent control established by wage means, Federal housing subsidies, Percentage of state support, Spaces too expensive, Half affordable housing, No increase in rents (fixed prices), Affordable housing per household, $1,145 - $1,600 a room for rent with utilities and up to $2,000 a month, Barely enough money for rent and not food, Rent fees cause stabilization, Stable rents especially near Minnie Street and Evergreen Street, More information on rental control housing issue related to affordability and availability, Gentrification's impacts lead to increases in residential and commercial rents, Lack of rent control, Inadequate, Housing too expensive, Owner ups the rent, but no increase in income, Cap in effect immediately with no adjustment, Rents too expensive, Cost of living, Salary increase, Cheaper housing, Cost of homes, Economically affordable housing, Accessible homes for low income families (rent control), Rent control so only a single family can live in a home, Housing option for very low- income, Affordable housing as City priority, New teachers can't afford to live anywhere, Transit isn't cheap and expensive to move, Need more places to live and work, Staff housing from SAUSD, Still need to have mobility for more distance, Can't get from the school to other residential locations, More economical spaces to live in, Affordable housing not available, Rent control, No gentrification, First and last month expensive, Public assistance for housing, Lack of opportunity to get a home, Wait is too long to get a place, Wage increases, Long wait for subsidized and housing is expensive, How to give senior priorities, More senior housing, Now seven housing programs in Santa Ana 2. Strong sense of community: People and neighbors, We know all of our neighbors, Strong and active neighborhood associations, Neighbors, Welcome new neighbor programs, City Council members should be more involved with neighborhood associations, Neighbors of all ages, Neighbors are active, Beautiful and organized neighborhoods which are active and involved, Friendly neighbors, Quiet, Present and General Plan Community Outreach Executive Summary CC 10 /18/16 19E -17 15 future of neighborhood, All the neighbors watch out for one another, Active neighborhood association and staying informed, Connectivity with neighborhoods, No isolation, Communication with neighbors, Respect within community, Improving communities and neighborhoods, Neighbors and family, Communication between neighbors, Enjoy collaboration with neighbors, Quiet and peaceful, Still the good side of town, Know all of your neighbors, Networking, Everyone talks to each other, Longtime residents, Friendly neighbors, Live near generally friendly and responsible neighbors and businesses, Quiet and safe as compared to other parts of the city, Participation of events such as dumpster days, Community is involved and participates, Proximity to open space, parks, churches, schools, Sense of community, Convenience and centrally located to stores and small businesses, Neighborhoods coming together, City is central to amenities, Friendly community which is family oriented, Residents are united, Quiet neighborhoods, Neighborhood Associations, City staff support 3. Deal with homelessness: Service delivery in Civic Center area to serve homeless, Homelessness citywide and in neighborhoods, Homeless at Civic Center, Tent City on the riverbed, Homeless go through trash, Civic center issues with homeless, Overcrowding near library, Homeless at Civic Center, Homeless issues citywide, Homeless near freeway off ramps such as 5 Freeway and 17th Street, Too much homeless, Invading public library, Unsafe for women and kids, Homeless numbers are increasing, Homeless in Civic Center, Housing and resources to give homeless options, Dangerous conditions, Resources so they can have options, Housing and homeless shelters, Homeless all over the city and brings crime everywhere, No place for homeless to wash and bathe, No facilities nor beds, Not use library, senior center or businesses, Jobs for homeless, Many homeless people in Santa Ana, Lack of access to resources, Going door to door asking for food, Severe problem for businesses as they scare potential customers, Don't go to the library because of homeless, Lack of access to resources, Inappropriate homeless activity in the senior center bathroom, Spreading from down town, Housing for homeless, No comprehensive plan for services and housing increasing, Trash scavengers, Homeless near 2nd and Pacific, Need more public safety presence in the area, Homelessness has increased, Homeless in the civic center, Down the bridges, On the river, Sober living homes are 80% out of state, Increase and need for supportive housing, Do we need sober living home standards including over concentration, Need homes and bathrooms, Half -way home needed near Santa Ana Boulevard between Bristol and Raitt Streets, Homeless at Civic Center, Room and board facilities are without proper care, 2426 West La Verne Avenue, Mental issues, Proactive solutions on homeless General Plan Community Outreach Executive Summary CC 10/18/16 19E -18 16 4. Established neighborhoods: Maintaining affluence in smaller neighborhoods, Washington Square initiatives to maintain single family living, Mansionization of homes, Single family residence, Protection of home values, Real estate value going up, Protect existing neighborhoods form new development, Urbanization, Craftsman style homes, Mostly single family homes in Heninger Park (SD -40), Pride in each neighborhood, Most beautiful yard and neighborhood, Well- maintained yards, Good neighbors and security, People care about their homes, Maintenance, Well maintained homes, Pride of ownership, We love nextdoor.com, Homeowners Associations, Neighborhood outreach, Lack of participation from neighbors, Involvement of smaller neighborhoods, Neighborhood Associations that keep people informed and involved, United communities, 4th Street and street fairs, I like that we have meetings within the neighborhood, We know the neighbors, Meetings are held and communication between neighbors, It's calm, Neighborhood associations, Need more unity and participation among neighbors, Too big, Lack of participation from Council members, Neighborhood identification results in unity, Vacant properties Attracting lst time buyers, Family sized affordable homes, Neighbors coming together attracting young home buyers 5. Variety of housing: Variety of homes, Old buildings and new things, Neighbors care about past, Diverse neighborhoods, How to reach out to the needs of predicted development, What uses are needed, What is the needed type of infrastructure, More housing for mixed income, Housing ranges and choices, Encourage mixed -use, All ages in community development, Age restrictions can impact economic development, Distribute affordable housing through mix of affordable and middle income, 2'd units unaffordable, More choices in homes such as townhomes, Market rate housing, Downtown has no hotel, Rezoning predictability, Housing Questions, Consider, Sizing of housing, Units are too small, Must consider the results of increased housing, What is going to be the cost, Will it be industrial land conversion, Increasing unit size for larger families, In 20 years families and parents want to prepare to live peacefully with dignity to health cost, Lack of residential internet for residents of mixed used, Veterans housing, Prop 45, Senior housing closing and less support for senior housing, More units available and how much is charged, More programs for housing and seniors, Senior housing for seniors, families, etc., Affordable housing for seniors, No government help to pay rent and food, A lot of seniors live in mobile parks as they don't have a lot of options for food, Living on the street, Committee of owners is not present and lacking, Communication with owners and residents, Intimidation by owners, Lack of communication by management, Sense of community in mobile home parks, Ability to purchase mobile homes, Stability through finance, Option to buy comes with rental fees, Poor management in mobile home parks, Education of mobile home owners of their rights, There needs to be better communication with the owner and manager, Education General Plan Community Outreach Executive Summary CC 10/18/16 19E -19 17 and training to provide better housing opportunities, Buy mobile home spaces on vacant properties, Preserving mobile home parks, Maintaining housing in Industrial areas 6. Overcrowding: Overcrowding, Illegal additions, Garage conversions result in parking impacts, Riverbed near Saddleback has issues with overcrowding, Density in housing units is affecting the ability of youth to learn, Density is a problem, Solution is affordable housing, Shortage of affordable housing, Reduce density and crime vandalism issues, Higher density housing, High density housing, Density promotes most issues that residents are dealing with, Overcrowding, Many people in the houses drive, Too many cars, Issue with overcrowding causes parking issues, Decreased standards of living due to overcrowding, High density housing developments, Expensive housing results in overcrowding, Amount of people living in one house, Apartment buildings decaying and degrading, Slumlords, More families in a mobile home (over six people), Use infrastructure to address density, Lack of homes and many people living in small places, Lack of housing and too expensive, Quality of life, Parking is impossible and a result of density, Multiple families in houses, Affordable housing options as six or seven families living in one apartment, Address issues, City needs to figure out alternative solutions, There are issues with the number of renters, Lack of property maintenance, Trash, Lost sense of community because of number of residents, Illegal 2nd units, Get rid of granny flats, City proposal for granny flats will increase crime, No more second dwelling units which add to overcrowding and high density problems, 2nd Dwelling units and granny flat ordinance, Granny flats, High number of renters, Multiple families rent rooms, Moving all the time, No stability, Less rental homes such as granny flats, People buy houses then just rent them to other people that cause drug situations, Rentals need to regulated, Slumlords taking advantage 7. Code enforcement: Maintain livable housing units with code compliance and enforcement, Heaters and hot water, Decreasing quality of life, For cause evictions, Protect wage standards and keep wages up to standards of living, Investing to improve poor housing, Numerous neighborhoods not being reinvested and neglected neighborhoods, Dumping Ground with furniture and beds, Downtown is getting all of the updates while other neighborhoods gets neglected, Pot holes, Lack of infrastructure for outlying neighborhoods: out of sight, out of mind, Code enforcement fire hazards, Families end up moving, Police force (Commander Gominski), Friendliness, Neighborhood watch, COP programs with Police Department involvement, Turned into illegal medical marijuana dispensaries, Turned into nude clubs, Unlicensed homes, Conversion of garages, Illegal occupancies, City continues investigating complaints that people report, Lack of landscape maintenance, Utilities cause individual reports to encourage savings and efficiency General Plan Community Outreach Executive Summary CC 10/18/16 19E -20 ku 8. Pro - active code enforcement: Side street enforcement, Need active code enforcement for residential and businesses, No more granny flats, Lack of code enforcement, Budget cuts means loss of code enforcement officers and higher positions who back inspectors, Property maintenance, Slumlord enforcement and sub - standard of living, Enforcement improvements towards of quality of life to existing units, Having more meetings with our managers, Apartment managers are not trained, Neighbors call against other neighbors for revenge, There has been an increase in dumping, trash, The City needs more code enforcement, Pro - active enforcement, Periodic inspections are needed to force improvements for apartment livability, Neighborhood retaliation, Code enforcement issues and violations, House maintenance issues, Use online app, Code - enforcement and VIP program (1't or 2nd reporting), Lack of follow -up from code - enforcement for parking issues, Illegal garage sales, Signs left on poles, Code - enforcement being cut first, Employers should be more effective in maintenance, More inspections and fines, Trash bins are left out, Lack of enforcement, Cleaner streets, Surrounded by apartment complexes near Raitt Street and McFadden Avenue, Food trucks near Raitt Street and McFadden Avenue, Street improvements, Cost burden on dumpsters, Cleanliness and general cleaning of the streets, There is trash left behind after city repairs near Raitt Street & Wisteria Place - they don't clean up, Small side streets people park on and throw trash, do drugs, Someone filled a bottle of urine and threw it into someone's front yard, Windsor Village, Memorial Park, Noise resulting from music and parties lasting until 3am, Unregulated noise pollution coming from businesses and construction, Train whistles at 2:00 -3:00 am while Orange has signs for no horns between 10:00 pm — 8:00 am, Night time loitering at nearby taquerias open 24 hours on Edinger Avenue to 15t Street off Bristol Street, Too many loose dogs on the streets, A lot of dogs in neighborhood without leashes, People are not cleaning up after them, Animal services and education partnership opportunities 1. Increase community participation: Lack of accountability and transparency by the City (i.e. 5 -yr strategic plan), Need more of an update on proposed projects, Citywide election policy change to districts, How to get voting's out — apathy, Eliminating corruption in Santa Ana City government, More inclusive public policy decision making, Communication with City employees, Who do I call, Clearer ordinances, Everyone interprets differently, City projects, Lack of information, Being informed, City communication and better ways of exchanging communication, E- mails, Business newsletter, Ombudsman, Example of problem areas are Grand Avenue, Santa Ana Boulevard, Bristol Street and Harbor Boulevard, East 15t Street), City website interactive General Plan Community Outreach Executive Summary CC 10/18/16 19E -21 19 map, Activities and newsletter should be printed and added to website), Responsive city government, City Council seems to be disconnected to neighborhoods, Impact to neighbors when new projects start, Lack of communication with the people and the City, Not being able to reach out to Vietnamese, Sub -par customer service from City staff, Collaboration between City departments to provide services more efficiently, Better advertisement of cultural events and festivals, Elected officials are out of touch, Need to reconnect with citizens they are supposed to represent, More community meetings, Adequate over - sight, Undocumented persons should integrate their voice into politics and voice their opinions but they fear being deported, Priorities aren't focused on improving conditions for people living in Santa Ana and improvements are not equitable, Uneven distribution of public resources: all downtown, Continue to allow for "certainty" through specific plans and land use plans such as the Harbor Corridor Plan, Lower risk, Difficult to work with Planning desk, Not business friendly, No voice in neighborhood changes, Historical inequalities including poverty and racism, Address differential treatment of residences based on their class or race or special needs, Racism (10+ years) 2. Community strengths: Latinos are being educated and receiving their citizenship, Unity and coming together with the City and non - profits, Teamwork approach at getting things done, Non - profits are enhancing quality of life of the residents, People taking more pride in their city, People are invested in the City, Potential in the City, City staff, People really care in Santa Ana, Graffiti task force is fast, We have an attitude and willingness to improve, Community engagement, Opportunities to voice our concerns, The fact that we, as a city, have an attitude of willingness to improve our neighborhoods- most residents and city officials, Programs for education, culture, community building, etc., Some community members are invested, Awesome associations, Take it to the next level, City workers are responsive (graffiti hotline), Skilled work force, Math and science = 1. Lack of Parking: Parking requirement and intrusions in neighborhoods, On- street parking policies, Lack of parking, Garages being used for storage, Parking on street, Parking issues, A lot of cars in and outside of mobile home park, Parking and overcrowding — too many cars and people, It is getting worse, Investors do not care, Parking at Bristol Street for us of open space, Side street parking enforcement, Parking issues starting Friday evening through Monday morning- SAPD, Parking problems in neighborhoods, In Willard area City changed parking by adding more red curbs, parking problems worsened, Parking issues citywide result from overcrowding, Permit parking General Plan Community Outreach Executive Summary CC 10/18/16 19E -22 20 has made minor improvements, Illegal parking issues based on enforcement, Requirements to activate permit parking, Parking intrusion into neighborhoods, Street parking restrictions overnight, Lawn parking, Not enough parking, Save parking spaces with chairs and tables, Permit parking difficult to establish, Parking restrictions, No spaces because of overcrowding of inoperable vehicles, No parking near high density homes leads to overcrowding, Parking issues, People are parking on street corners and other cars can't see around them to turn safely into the street, People rent out their houses, Parking issues because of overcrowding and density, Permit parking has helped the parking issue, Parking not being provided in sufficient amount for new developments, More free parking in downtown, Overflow parking from condos direct result of condos being overcrowded, Domino effect from permit parking, Too restrictive to the residence, No parking on public streets, Mixed activities, Parking on corners illegally, Trash cans and chairs used to save parking spots in neighborhood, Overcrowding, Parking issues, Parking permits, Cost for parking permit is excessive and should consider free permits to residence, People from other streets parking where they don't live, More parking spaces, Extra parking, Bristol Street widening near Washington Square and Santa Ana College constructing parking structure which does not compliment intersection, Food Trucks are parking permanently from 9:00 am -10:00 pm all day, Injunctions on food trucks, Fights over parking, Gangs restrict where you can park, Street parking chaotic, Parking near 17th Street is a big issue, Not enough parking for apartment residences, Park in other neighborhoods, Commercial vehicles in public streets, Short term rentals, Landscape, housing, and parking 2. Safety of pedestrians and bicyclists: Safety for children to walk to school in traffic, High traffic speed limits, Jaywalkers, Safety on street, Comfortable in community, Safety of sidewalks, Repairs, Not enough patrol or surveillance, Kids don't pay attention to traffic and get hit, Safety needed to educate drivers and enforce pedestrian respect, Street safety related to crossing streets, More signs, More time to cross at signals, Pedestrian safety through crosswalks, education on proper safety, and infrastructure, Safety for pedestrians, Pedestrian accidents, Bike and pedestrian safety, Streets currently unsafe, Traffic safety for seniors near downtown senior center, Accident on McFadden Avenue, Pedestrian and bike safety, Cars don't respect pedestrians near Shelton Avenue & Center Street and Diamond School, Cars drive faster than legal speed limit, Traffic Safety due to cars driving too fast on streets and not safe for people to walk, Pedestrian and car safety, Pedestrian and children safety through more police to enforce driving laws, Crossing lights and signals, More street lights and more security and police officers, Four -way stops, Crosswalk light signal for seniors and disabled people, Traffic speeds are too fast and not safe for pedestrians and drivers, Safe public transportation General Plan Community Outreach Executive Summary CC 10 /18/16 19E -23 21 3. Improve the transportation system: Lighting synchronization on Bristol Street, Sidewalk maintenance and existing right of way width results in unsafe conditions for disabled, Maintenance in general regarding streets, Concerned with the re- pavement of sections in our neighborhood and sidewalks throughout the City, Traffic light synchronization, Handicap ramps at intersections, More street benches, Traffic signal synchronization, Car accidents happen where lighting is scarce such as I" and Ross Streets, Streets and sidewalks are safer with better lighting, Streets look better and repaved, Lower speed limits, Wider streets and better lighting on some streets, Synchronize traffic lights, Traffic issues because of widening Warner Avenue, Street conditions and disrepair, Streets need to be repaved and resurfaced, Slurry seal more often along North Bristol Street, above 17th Street by Target, Floral Park, North Flower St and 17th Street light too slow, Requested of residents to discourage cut through traffic, Not fair, Lack of code - enforcement, Street sweeping doesn't do anything, Doesn't clean, Street repairs, Street cleaning, Parking and driving near Euclid and Edinger, No left turn allowed, Left turn lights too short for speed limit, Only 1 lane to enter freeway, Closed off streets 4. Walkability and active transportation: Walkability on sidewalks, Walkability, Comfortable, Farmers market walking distance, Nearby stores, Walkability to stores, work, centers for seniors, Proximity to amenities, Walkability to services such as church, post office, and groceries, Flat road and bicycle facilities are easy to figure out, More bike trails, Bicycle lanes not enough, Traffic safety issues east on Segerstrom Avenue and Bristol Street, Bike lanes needed near Bishop and Willits, Bike friendly and potential for becoming most bike friendly city, Bike trails and lanes, Bike trail, Opportunities to ride bikes, Bicyclists need separated bike lanes on Edinger, Bicycle traffic ends and has no connection to other places, Lights on bike trail, General improvements, Bike trail at Chestnut ends, Disconnection of bike trail to downtown and train station, More bike racks or bike containers, Lack of bike lanes and safe infrastructure, Parks and open space for active transportation and bike friendly places, Downtown living, Need traffic circle or crossing lane for pedestrians near Memory Lane and Westwood Avenue 5. Additional transit: Public transit, Santa Ana train station; Train station accessibility and convenience although pricey, School buses create traffic backup, Lack of public transportation or light rail, Transportation for the elderly, Transportation within the community and City, Buses- specifically Latino owned are being pushed out, Public transportation has long wait periods and difficult for seniors, More shelters at bus stations, More shuttles as seniors are not comfortable on bus, More money towards "Senior-On-the-Go" program used for expanded hours and services, Public General Plan Community Outreach Executive Summary CC 10/18/16 19E -24 22 transportation, More bus stops, Improved routes, Improved transportation for seniors of Santa Ana, Transportation, East -west on 17th Street "express bus," Need senior transportation, Public transportation and public transit, Traffic safety and public transit, Light rail, Trolley connecting old to the new, Future street car, Public transportation options, Proposed street car, Bus access to Wilshire Square, Street car: connecting the City access to freeways, Centrally located to highways, Proximity to airports such as LAX and John Wayne, Close proximity to everything such as airport and college, Proximity of schools, Connectivity to freeways, Convenience near uses and variety of shopping, Close to museum, Access to freeways, Centrally located to highways, Proximity to airports, Close proximity to everything, Proximity to schools, Train crossing at 4th Street 6. High speed traffic and congestion: Cut - through traffic, Traffic areas of concern are North Flower and 17th Street, Taking alternate streets, Lack of traffic enforcement, Too much traffic during peak hour, Accidents resulting from disobeying traffic laws, Increased traffic with new projects, A lot of traffic near Greenville and St. Andrew, A lot of traffic on Sullivan, People don't respect street signs or traffic lights, Traffic flow, Traffic on Santa Ana Boulevard and Citywide morning high accident rate, Flow of traffic improvements, Fast traffic cutting through residences to get to Orange, Do not widen streets in response to people cutting through residences, High speed vehicles caused by illegal activities such as drugs and prostitution, Block streets on Hazard Avenue and Harbor Boulevard, Use other streets to get to the main streets, Traffic does not follow the direction of other traffic, No respect for rules or signs, fences, or curbs, Police just watch people cause vehicular offenses and does not regulate or enforce, Monitoring of traffic in school zones, Lack of traffic enforcement 1. Architectural heritage: Love the neighborhood and architecture, Love the homes, Architectural diversity, Old and new architecture, very unique, downtown contains architectural variety, Old city hall, Old pacific substation, Historic buildings, Architecture and design should be compatible with existing community, Residential and commercial, Car washes on Tustin Avenue did a better quality project, Cultural architecture, Not like Irvine, Sense of history with historic buildings, Not cookie cutter, Architecture of old historic homes, Beautiful churches, Old court house, Central location, Old buildings, Historical buildings in Downtown, Homes and architecture are interesting, Pretty neighborhoods, Sense of place, Different parts of the city look different, It's easy to know where you are based on the different looks, Pacific Electric Rail remnant on Chestnut, History, Downtown Santa Ana looks nice: hipster bars, History and giving General Plan Community Outreach Executive Summary CC 10/18/16 19E -25 23 back, Small town feel, Diversity, Only downtown in Orange County, Church at Yost or Downtown 2. Maintain City streetscape: City needs to maintain infrastructure such as streets, curbs, public services, Resource programs to fix and help homes, Trash in the streets, Civic Center Street contains long dirt sidewalks with weeds, Can these be fixed or filled with cement, Cell towers need to be aesthetically pleasing, Mail boxes removed by postal service, Water doesn't drain properly stays stuck on streets, They are removing trash bins at bus stops, Trash being left on the ground and in gutters 3. Maintain well designed private property: Neighborhood homes not maintained well, Exterior improvements of properties with improvements to environmental design especially in areas with apartments, Unattractive storefronts, Unattractive and attractive, Impact of corporate retail moving in, Signage and displays, Inconsistent architecture in new developments throughout the Riverview West neighborhood, Cell towers create visible eye sore, Front yards are pigsties, Visual blight on 17`" and First Streets 4. Graffiti and trash: Good response time for graffiti removal within 24 hours, Graffiti on alleys and elementary schools such as Russell School, Graffiti in neighborhoods and along the river bed; Graffiti throughout the City, Graffiti from gangs, People dumping stuff from out of town and it sits there for a few days before someone takes it, Dumping ground for stolen cars, A lot of trash being thrown on lawns such as couches, Cleanliness S. Trees and greenscape: Trees are massive and provide shade; Trees, Nature, Bushes and flowers planted along streets are aesthetically pleasing, Greener areas, Poor street tree choices, Trim trees, Tree roots are going through sidewalks, Plant more trees on main streets, Mature and large trees, Tree replacement in parkways, Maintenance of trees, Replacement of dead trees, Old fashioned neighborhood feel, Mature, beautiful trees, Tree -lined streets, Tree lining of streets, Greenery, Tree maintenance 1 l 4 1. After - school programs for youth: Needs assessment for after school service necessary, Lack of sports and recreation opportunities for youth that can't afford private teams, Nearly all sports in Santa Ana are private, Lack of youth programming, Age restrictions are creating problems, In partnership with non - profits, City and school district, There is a lack of after school community -based programming for K -12, Need to increase capacity of existing service providers, Lack of youth activities such as skate General Plan Community Outreach Executive Summary CC 10/18/16 19E -26 Q1. parks, bowling alleys, On board programs for youth, Access to youth programs, Youth enrichment, Not enough programs for youth or recreational centers to keep kids out of trouble, Kids are going to other cities for activities and programs like Mile Square Park in Fountain Valley and in Irvine, Financial burden due to lack of money from parents to use for kids to participate in activities, Need funding for materials, programs, sports, and jobs, Divest money for more hand ball courts, Door to door outreach and increase capacity to work with community organizations such as Xinachtli and Jovenes Nobles, City invest more in youth opportunity building, More resources to stimulate kids and motivate them, Young talent, Strong youth involvement, Transparency in budget better user interface 2. Quality education: Access education on process, Expanding learning centers and library partnerships with schools, Role in expansion of K -12 partnerships, Education and quality of teachers, Difficulty for non - English speaking students resulting in why some perform better than others, Lottery, Need to find out "best practices" for success, Quality of education and health in the education system, Education I't, Keep kids in school to lower dropout rate, Dropout rates cause concern, Focus on keeping kids in school, Quality of education, Santa Ana schools are always lower ranked, Need more technology in homes for students 3. Job training and career development: Jobs for youth, Intern programs for students, Job skills and training, Work with local businesses (For example, San Francisco operated by city staff, Irvine programming by community), Kinship circles, Groups, Job placement and career path programs and facilities, Interview, computer, technological skills, Youth programs to push towards workforce development and teach skills needed to succeed, Internships, Workforce with educational needs, Preparation for college and technical schools, Training, Vocation training in high school, Need effective programs, Current programs not utilized, Start trade training in school (kindergarten to community college) to prepare for jobs, Young population can utilize high school as trade training opportunity 4. Special needs populations: Lack of support and services for youth with severe mental health needs, Resources and information for special needs and those with learning disabilities, Re -entry support options, Successful re -entry integration, Identify mental health challenges, More police patrolling the schools, Protect youth, Kids using drugs from or part of gangs, Allow for high school moms to participate in other community activities, Health fairs in neighborhoods such as Townsend and Madison, More child care centers to allow for parents (moms) to participate in meetings and activities, Transformative space and funding resources General Plan Community Outreach Executive Summary CC 10/18/16 19E -27 25 "i• e The General Plan Youth Outreach Team worked throughout the summer of 2016 to create and implement a youth- specific outreach strategy. Santa Ana youth from the Youth Empowerment Network, City of Santa Ana Youth Commission, Santa Ana Public Library, and Nicolas Academic Center participated in a series of brainstorming sessions and strategy meetings. They provided staff with an outline of what they wanted as part of a comprehensive youth outreach effort. These youth wanted to ensure that three specific strategies were utilized: 1. Easy to Understand: Create an educational tool to show youth what a general plan is and how it directly impacts them. 2. Use of Social Media: Develop a social media presence and use a hashtag to promote the Santa Ana General Plan update. 3. Local Events with Youth: Increase public awareness with either one large youth event or a series of pop -ups at locations where youth would be present. General Plan Community Outreach Executive Summary CC 10/18/16 19E -28 26 Youth at the subsequent sessions provided feedback on the initial drafts of the Santa Ana General Plan Welcome to the Conversation video. They worked closely with the General Plan Youth Outreach Team to initiate the following projects resulting from the suggestions put forward by during the initial youth brainstorming sessions: Strategy 1: Easy to Understand Solution: I nffog ra ph i c An infographic with a step by step explanation of the General Plan was developed, reviewed, and shared with youth. The tool was used to explain the overall update process work and encouraged further youth participation. This visual representation of the process also enabled youth volunteers to educate other members of the public during a series of pop -up presentations. A .. HOUSING SVSTAifN &LT' S�£EI�• MUIMN SEHYCES x$ j h ilxre uvnertil ?Items dvkletl icK. h;k�taN:; re. h• I:JVC the Inen�mng e'emer:i.:;: HOW DO 1 GET INVOLVED? 00 Check the City's wehpaye at Porany adtlitlanal questions. ww. €mnM- ona.org /go-narulptan plaueo wnet nn errwli to f¢nrptlot¢s rniful Ure community NewGSn¢taiPtanl!�snntaUnp.wg. mmefiags General Plan Community Outreach Executive Summary CC 10/18/16 27 19E -29 Strategy 2: Use of Social Media Solution: Hashtag Promotion- #SantaAnaGeneralPlan The Youth Outreach Team adopted the hashtag #SantaAnaGeneralPlan after testing different variations and requesting suggestions from youth volunteers. This was followed up with the post for a postcard' campaign in which participants were encouraged to `post' about the Santa Ana General Plan in exchange for a set of historic Santa Ana postcards. #santaanageneralglan 12 , >oFts General Plan Community Outreach Executive Summary CC 10/18/16 19E -30 04:3 Strategy 3: Local Events with Youth Solution: Youth Focused Meetings, Brainstorming and Pop -up Events This summer outreach was concluded on Friday September 16`h with a summary presentation to the Santa Ana Youth Commission. A grand total of 20 youth focused meetings, brainstorming sessions, and pop -ups resulted in 162 additional surveys and 80 contact sheet sign -ups. GLASS oftlie wondprE,ri k."'Orip iYrq I I(ue aaiund ) This Executive Summary includes the comments and conversations with the community regarding the General Plan Update. Staff will continue to engage the community in order to ensure that the new Santa Ana General Plan is a genuine reflection of the community's vision, interests, and priorities. The City will continue this commitment to ensure that all age groups, especially the City's large youth population are included in this ongoing outreach effort. The next step in the General Plan Update process will be to share the Executive Summary information with the general public, Planning Commission, and City Council. Areas with competing interest and needs within the community will be identified and discussed at a General Plan Community Event to discuss "tradeoff" between policy options. In addition, a General Plan Advisory Committee will be created to work with City staff to continue to be the voice of the community in the formation of new General Plan goals, policies, action plans and tools to measure progress. General Plan Community Outreach Executive Summary CC 10/18/16 19E -31 29 19E -32 CITY OF SANTA ANA GENERAL PLAN UPDATE SCHEDULE OVERVIEW OCTOBER 2016 General Plan Phase Task Time Frame Administration Consultant Selection - General Plan Update Technical Studies November 2016 - Work Program and Schedule Development. January 2017 Consultant Selection - Environmental Impact Report October 2017 - • Assembling resources. Welesite Management. December 2017 Staffing for Project October 2015 - January 2017 General Plan Website October 2015 - ongoing Community Participation: Neighborhood & City Ward Community Workshops October 2015 - April Listening to Our Community - 2016 Youth Outreach April - September 2016 • Introducing community groups to the General Plan Pop -ups - Presentations at Citywide Events October 2015 - Update Process. • Identifying key issues and citywide. • Identifying specific neighborhood concerns. ongoing Target Interviews with City Councilmembers April - June 2016 Boards and Commissions March 2016 - Ads end Culture December 2016 Planning Commission Community Redevelopment and Housing Environmental and Transportation Committee Historic Resources Commission Recreation and Parks Board Youth Commission Community Participation: Form General Plan Advisory Group )GPAG) December 2016 Strategies for a Shared Vision • Confirming the Issues. Form City Interagency Technical Advisory Committee December 2016 • Reviewing existing programs. • Exploring new strategies. GPAG review Issues Identification, Community Overview, Vision Statement, and Discuss Policy Trade -offs Jo nuary - February 2017 Topic Pop- ups - Presentations of Citywide Events January - November 2017 EXHIBIT 2 19E -33 CITY OF SANTA ANA GENERAL PLAN UPDATE SCHEDULE OVERVIEW OCTOBER 2016 General Plan Phase Task Time Frame A Shared Vision: the General Plan Framework Prepare Draft General Plan Framework February- August 2017 • Goals, Policies and Programs for each topic area. • Envisioning Santa Ana /Community Plan Areas and specific goals for each one. Prepare Draft General Plan Community Plans February - November 2017 • Strategies for Preserving the Community. • Draft community plans: land use density, circulation, open space, General Plan Advisory Group Meetings to Review Draft General Plan Framework and Community Plans February - November 2017 Administrative Draft General Plan Document Santa Ana: A Shared Vision Technical Studies /Data Collection April 2016- January 2018 GIS /Mapping Aprl 2016 - January Embracing the Future ... Preserving the Past 2018 111 Administrative Draft General Plan Document January 2018 City Interagency Technical Advisory Committee Review February 2018 End Administrative Draft General Plan Document March 2018 Public Review Draft General Plan Draft May 2018 General Plan Video Draft May 2018 Santa Ana: A Shared Vision Embracing the Future ... Preserving the Past Community Participation Pop -ups - Presentations at Citywide Events May - July 2018 Neighborhood Associations and City Wards May - July 2018 Santa Ana: A Shared Vision Embracing the Future ... Preserving the Past Boards and Commissions May - July 2018 CEQA Process January 2017- July 2018 ADOPTION September 2018 S:\Planning \General Plan 201E \Schedule \SAGENERAL PLAN UPDATE SCHEDULE OCT 11 2016 CN ray.docx 19E -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE OCTOBER 18, 2016 TITLE; DOWNTOWN SANTA ANA GREAT NEIGHBORHOODS IN AMERICA DESIGNATION {STRATEGIC PLAN NO. 3,4F) :(22- � CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the designation of Downtown Santa Ana as a Great Neighborhood in America by the American Planning Association and the celebratory event planned for October 20, 2016. DISCUSSION The American Planning Association (APA) is a national organization that provides leadership in the development of urban planning and communities. Since 2007, the APA has celebrated places of exemplary character, quality, and planning thorugh its flagship Great Places in America program. APA recognizes streets, public spaces and neighborhoods that represent the gold standard in terms of having a true sense of place, cultural and historic interest, community involvement, and a vision for tomorrow — and most importantly, a legacy of planning. Thanks to Santa Ana City Council's leadership and it's vision of the community, this year the Downtown was recognized as one of five Great Neighborhoods in America by APA. Past recipients of this honor include iconic neighborhoods such as Chinatown in San Francisco, Back Bay in Boston, and Roosevelt Row in Phoenix. Downtown Santa Ana is a neighborhood with prosperous local businesses, restaurants, and long -time residents that are committed to the creation of a thriving community that celebrates diversity through festivals and public celebrations. The area has a great mixture of land uses, ranging from government buildings to shops and offices, all the way to a small industrial sector in the east. Downtown Santa Ana's architecture is a unique blend of Beaux Art, Classic and Spanish Revival, Victorian, Craftsman, Brutalism, California Contemporary, and some Art Deco that makes each walk an experience. Nominations for Great Places are received from APA members, staff, professionals with experience in the planning field, and the general public. Nominations then go through a rigorous review process by a committee of APA leaders who are professional planners to determine the designees. A few factors the committee considers in identifying great places: 19F -1 Downtown Santa Ana Great Neighborhoods Designation October 18, 2016 Page 2 • Balancing the competing needs of different users; offering options for all residents of the community, regardless of age, preferred mode of transportation and provide a mixture of uses and services. • Showcases local architecture, landscaping, and urban design, and stand out from the norm. • Great places may serve as important local economic drivers. • Great places encourage social activity by serving as the host of events, community programs, festivals, and more. • Great places reflect the local culture and history of the greater community. • Great places promote sustainability. Reagrding this year's designees, APA President Carol Rhea said "The neighborhoods on this year's list are a testament to the critical role of planning in creating more dynamic, equitable, economically healthy communities. Through careful thought, foresight, innovation, and cooperation, this year's designees are building better places to live, work, play, and visit and setting an example for other neighborhoods nationwide. We congratulate them on their efforts and this worthy distinction." To celebrate this collective accomplishment, the City of Santa Ana in partnership with the American Planning Association and several downtown businesseses will hold a public celebration on October 20, 2016 in Downtown Santa Ana. The event will feature live music, samples from local restaurants, the presentation of a Certificate by APA representatives to the City and will conclude with a free screening of a documentary film about planning. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 - Economic Development, Objective 4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy F (Partner with downtown business and merchant associations to program events that showcase restaurants, shopping and entertainment venues). FISCAL IMPACT There is no fiscal impact associated with this action. �' '✓, o Robert C. Cortez Hassan agha'n, Al P Deputy City Manager Executive Dlrector City Manager's Office Planning & Building Agency EXHIBIT: 1. Downtown Santa Ana - Great Neighborhoods Designation Event flyer 19F -2 THE CITY OF SANTA ANA INVITES YOU TO CELEBRATE One of America' GREAT NEIGHBORHOODS: DownTown Santa Ana! rr 1 th LI me muss c , Local b1 tes, & a Free screenlrg Frida Cinema 305 E 4th St Santa Ana, CA 92701 5:30pm 6:30pm 7:OOpm tinyurl.com /dtsa- urbanized go LTIJ 3: A14 "Mo Don't miss this opportunity to learn about: the City of Santa Ana's Genei,&i Pipit Update & the OC Street Car 19F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE CONTRACT AMENDMENT WITH ONTARIO REFRIGERATION SERVICE, INC. FOR CHILLER AND HEATING - VENTILATION -AIR CONDITIONING EQUIPMENT REPLACEMENT (SPEC. NO. 16 -054) (STRATEGIC PLAN NO. 6, 1G, 2A) {SURPLUS ALLOCATION FUNDING) ` CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For FILE NUMBER Amend the contract with Ontario Refrigeration Service, Inc. to seismically retrofit the Grand Central Arts Studio for the purpose of installing a chiller and related heating - ventilation -air conditioning (HVAC) equipment in the amount of $153,415 for a total amount not to exceed $588,735, subject to nonsubstantive changes approved by the City Manager and City Attorney. This project is in accordance with the City Council- approved Surplus Allocation Plan as of October 20, 2015. Department: Project: Category Total Funding: Finance and Grand Central Arts Center Facilities and $450,000 Management Chiller & HVAC Replacement Assets FY 15 -16 Services Agency DISCUSSION The Grand Central Arts Center building was constructed in 1924 and is located at East Second Street and Broadway in the heart of Santa Ana's Artist Village. The former Community Redevelopment Agency (RDA) purchased the building from the Harry Greenburg Revocable Trust in June 19, 1995 for the purpose of establishing an Arts and Culture presence in the City's Downtown District. Concurrent to this purchase, a 10 -year lease agreement for the building was executed between the former RDA as Lessor and the California State University Fullerton (CSUF) Foundation as Lessee. The former RDA completely renovated the building starting in 22A -1 Contract Amendment for Chiller and HVAC Equipment Replacement October 18, 2016 Page 2 1996 so the building could serve as the Grand Central Arts Center (Center) for the CSUF Graduate Visual Arts Program. The Center opened in February 1999. On April 5, 2004, an amended lease agreement was executed to extend the lease for an additional 20 years, or until 2029, to provide a nominal annual lease payment of $1 and to assign the lease to the City of Santa Ana. The assignment of the lease from the former RDA to the City was necessary as California Redevelopment Law at the time prohibited RDAs from entering into long -term leases. With the lease assignment, the City became obligated, as the new landlord, to maintain the property and ensure that the Center's facilities and equipment were kept in good repair. Since this lease assignment in 2004, the City has not appropriated funds for the Center until the Surplus Allocation Plan was approved by City Council in October 2015. On April 19, 2016, City Council awarded a contract to Ontario Refrigeration Services, Inc. to replace the Center's chiller and HVAC equipment for an amount not to exceed $435,320. As part of the complete building renovation referenced earlier, the former RDA installed an HVAC system to provide heating and cooling for building tenants. An HVAC system's useful life is approximately twenty years and thus replacement of the system is warranted at this time. During the process of removing the existing HVAC components, it was determined, by the City's Planning and Building Agency that seismic enhancements were needed to comply with current building code requirements. A seismic retrofit design to safely support the payload of the new HVAC equipment was engineered under the contract and subsequently approved by the City's Planning and Building Agency. Specifically, the seismic retrofit design calls for the second floor platform, which will house the new HVAC equipment, to be retrofitted and /or reinforced with additional structural members, piping, and insulation, including isolation measures to mitigate HVAC heat and vibration. Furthermore, a temporary boiler will be installed for approximately two months (from October 2016 through December 2016) to provide uninterrupted hot water and heat to building tenants while the Change Order work proceeds. Staff recommends City Council approve the amendment to the Purchase Order and approve the Change Order to authorize the contractor to perform the additional work. As a result, a Change Order would be required to complete the installation of the new HVAC system. The Change Order is funded by savings from City Council- approved Surplus Allocation Projects that the Building Maintenance Division completed under budget. The available funding exceeds the Change Order amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective 1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans) and Objective 2 (address deferred maintenance on City buildings and equipment), Strategy A (prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). 22A -2 Contract Amendment for Chiller and HVAC Equipment Replacement October 18, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT Funds in the amount of $153,415 are available in FY 2016 -17 Council Special Projects- Finance Building Maintenance account (05010021- 66200). APPROVED AS TO FUNDS AND ACCOUNTS: ASNWQS2 3�S t I A .. �r'_ Francisco Gutierrez Executive Director qY Finance and Management Services Agency ,JA/WN /sp 22A -3 22A -4 EXHIBIT 1 Ontario Refrigeration (714) 546 -6400 Fax (714) 546 -6438 PROJECT AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS Proposal Dato Proposal Number Page September 27, 2'016 CM401480A I 1 of 2 AGREEMENT BETWEEN: CSU FFULLERTON AUXILIARY (Ontario Refrigeration Service, Inc. SERVICES CORPORATION AND 3303 Harbor Boulevard Suite D -8 2600 NUTWOOD AVE., SUITE 275, Costa Mesa, CA 92626 FULLERTON, CA 92831 hesanaftar CUSTOMCR horeinaftar Onlarlo Relri gration SERVICES WILL BE PROVIDED AT THE FOLLOWING LOCATIONM Grand Central Art -125 North Broadway, Santa Ana, CA ONTARIO REFRIGERATION WILL PROVIDE THE FOLLOWING TO CUSTOMER: Additional structural work required by City of Santa Ana for Project to replace the Grand Central Art Studio Chiller I Boiler, temporary cooling .Purchase Order #119198 Includes: - Temperary domestic boiler with sidewalk walk through and fence. Two months of rental. - Crane and rig all equipment and pumps from platforms. - City of Santa Ana "No cost street closure ". - Demo and removal of existing piping as required for access to work. - Demo and removal of existing steel "shed ". As a condition of performance, payments are to he made on a progress basis. Invoice payment must be made within ten (10) days or receipt. Any alteration or deviation from the above proposal involving extra cost or material or labor will become an extra charge over the sure stated above. This proposal will become a binding Agreement only after acceptance by Customer and approval by the President of Ontario Refrigeration as evidence by their signatures below. This Agreement sets forth all of the terms and conditions binding upon the parties hereto on the reverse hareof: and no parson has authority to make any claim, representation, promise or condition on behalf of Ontario Refrigeration which is not expressed herein. Proposal valid for 45 days from original proposal date. CUSTOMER Signature (Authorized Representative) Name (Prinfn'ypa) Title Date A Ontario Refrigeration o Signature (Sales representative) Arch PhariS Approved by Contractor: Signature Phil Talleur President Title SUPPLEMENT TO PROJECT AGREEMENT PAGE 1 PROJECT AGREEMENT FOR BUILDING ENVIRONMENTAL SYSTEMS Proposal Date Proposal Number Page September 27, 2016 CM401480A 2 of 2 CONTRACTOR WILL PROVIDE THE FOLLOWING TO CUSTOMER (continued): - Demo and removal of existing equipment platforms, secondary decking - New structural members installed. - Rebuild of secondary decking with new platforms and waterproofing. - Installation of new metal shed. -Inspections. - Additional piping and insulation as required to reconnect equipment. Temperary boiler install and two month rental: $30,594.00 Additional Crane /Rigging work: $5,660.00 Additional piping and city upgrades including isolation: Estimated Material $23,980.00 Labor and fees $24,309.00 = $48,289.00 Structural Work including new metal shed: Estimated Material $7,440.00 Labor and fees $61,432.00 = $68,872.00 Total Cost: $153,415.00 Exclusions: - Any unforseen /Hidden conditions. THE SERVICES DESCRIBED ABOVE ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE PROJECT PROGRAM AS SET FORTH ON THE REVERSE OF THE PROJECT AGREEMENT PAGE 1 22A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CONTRACT AWARDS FOR WATER METER VAULT REPLACEMENTS (SPEC. NO. 16 -104) (STRATEGIC PLAN NO. 6,2) v RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for water meter vault replacement services for a three -year period expiring October 31, 2019, with provisions for a two -year renewal option exercisable by the City Manager and City Attorney, in an annual amount not to exceed $425,000, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Big Ben Inc. Irvine Kana Subsurface Engineering Riverside T.E. Roberts, Inc. Orange DISCUSSION The Public Works Agency Water Resources Division owns and maintains approximately 520 large water meter vaults for water services that are larger than three inches in diameter. The system is aging and many of the large water meter vaults need rehabilitation or replacement to allow safe access for City maintenance personnel. Improved vault covers and entries will help to address potential tripping hazards and provide safer walkways throughout the city. The notice inviting bids was advertised on August 17, 2016 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 20 Vendors were notified 1 Santa Ana vendor was notified 23 Vendors downloaded bid packet 6 Bids received 1 Vendor withdrew bid 2213-1 Contract Awards for Water Meter Vault Replacements October 18, 2016 Page 2 Bids were opened on September 15, 2016, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications, meet the City's requirements, and comply with prevailing wage requirements. Staff recommends awarding contracts to the three lowest bidders to allow for competitive quotes on individual jobs and scheduling flexibility. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $425,000 are available FY 2016 -17 Water Quality and Measurement Account (No. 06017644- 62300). Subsequent funding of $425,000 annually will be budgeted and made available in FY 2017 -18, FY 2018 -19, FY 2019 -20 and FY 2020 -21, if the renewal option is exercised. APPROVED AS TO FUNDS & ACCOUNTS: 1AJA �If F Mousavipour Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM /NS /RR /sm /sp EXHIBIT: 1. Abstract of Bids 228 -2 ABSTRACT OF BIDS WATER METER VAULT REPLACEMENT (16 -104) Dominguez General Bidder Big Ben Inc. Engineering, Inc. Location Irvine Pomona Grand Total $467,250 $1,106,000 Paulus Engineering, Bidder Inc. T.E. Roberts, Inc. Location Anaheim Orange Grand Total $833,363 $799,215 EXHIBIT 1 22B -3 Kana Subsurface Engineering Riverside $649,950 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CONTRACT AWARD TO FERGUSON ENTERPRISES FOR THE PURCHASE OF AN INSERTION VALVE SYSTEM (SPEC. NO. 16 -115) (STRATEGIC PLAN NO. 6, 1C) C Z�O� CITY M ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: L1Z!� 001TA 4W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Ferguson Enterprises for the purchase of an insertion valve system in the amount of $107,025, plus a contingency of $2,500 for a total amount of $109,525, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Water Resources Division operates, maintains, and repairs approximately 480 miles of water main, 7,000 distribution valves, and 4,900 fire hydrants. From time to time, repair work is necessary on water mains that would traditionally require customer water shut -offs for several hours. To minimize customer outages, the water maintenance division has been using the EZTM Valve system when the need to do so arises. The EZTM system can add a new water main valve or perform a pipeline isolation without service interruption to surrounding customers. It is innovative technology that the City has used with great success for over seven years. Due to frequent use, the existing equipment needs replacement and additional EZTM valves are needed for future installations. The notice inviting bids was advertised on September 7, 2016 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 120 Vendors were notified 7 Vendors downloaded bid packet 2 Bids received 1 Bid was received from Santa Ana vendor 22C -1 Contract Award for an Insertion Valve System October 18, 2016 Page 2 Bids were opened on September 21, 2016, and evaluated. Bid results are as follows: Vendor Ferguson Enterprises Advanced Valve Technologies, Inc. Location Amount Santa Ana, CA $107,020.53 Elk Grove Village, IL $109,001.62 The bid received from Ferguson Enterprises, a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $107,025 plus a contingency of $2,500 are available in FY 2016 -17 Water System Maintenance Account No. (06017641- 66400). 'Freb Mousavipour Executive Director Public Works Agency FM /NS /RR /sm /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AWARD CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC., FOR CONSTRUCTION OF GRANT - FUNDED SAFE ROUTES TO SCHOOL ENHANCEMENTS AT KING ELEMENTARY (PROJECT NO. 166871) (STRATEGIC PLAN NOS. 6, 1B & 1G) / / CITY MANAR CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution Set Public Hearing For, CONTINUED TO FILE NUMBER Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to California Professional Engineering, Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $363,943, for the term beginning upon execution of the contract and ending upon project completion, for the Safe Routes to School Enhancements for King Elementary project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $454,238, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $36,395. The recommended actions are needed for the City to proceed with the installation of traffic safety enhancements on City streets adjacent to King Elementary School (Exhibit 1). The improvements include a new traffic signal on McFadden Avenue at Pacific Avenue, and bulb outs on Graham Lane at McFadden to slow down vehicles and narrow the roadway for pedestrians crossing the street. Once completed, these improvements will increase the school -age pedestrian safety while promoting more walking at this location. As part of this project, the existing marked school crosswalk at the un- signalized intersection of McFadden Avenue and Graham Lane will be realigned one block to the west so that it coincides with the new signalized intersection being installed as part of this project at McFadden Avenue and Pacific Avenue. However, despite the fact the school crosswalk is being re- aligned, it could be considered a crosswalk removal. Per the California Vehicle Code (CVC), crosswalk removal requires that a public notice be posted at least 30 days prior to removal. Therefore, to ensure that the CVC requirements are met, a public notice was posted on Thursday, October 6, 23A -1 Contract Award For Safe Routes to School Enhancements for King Elementary October 18, 2016 Page 2 informing the community of the upcoming crosswalk changes. The notice also informed the community that input could be provided by calling Public Works Agency Traffic Engineering and /or during the general Public Comments at this Council meeting. The crosswalk will not be removed any sooner than June 1, 2017. A Notice Inviting Bids was advertised on September 23, 2016, and September 30, 2016; bids were opened on October 10, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 9 Contractors requesting bidding documents 10 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 CALIFORNIA PROFESSIONAL ENGINEERING, INC. LA PUENTE $363,943.00 2 BELCO ELECNOR GROUP CHINO $371,217.00 3 DYNALECTRIC LOS ALAMITOS $378,866.00 4 DBC, INC. TEMECULA $393,607.00 5 PTM GENERAL ENGINEERING RIVERSIDE $411,111.00 A total of five bids were received and considered responsive. Contractor California Professional Engineering, Inc. submitted the lowest responsive bid in amount of $363,943 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to California Professional Engineering, Inc., in the amount of $363,943 (Exhibit 3). 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community 23A -2 Contract Award For Safe Routes to School Enhancements for King Elementary October 18, 2016 Page 3 Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -114 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $454,238, which includes construction, contract administration, inspection, testing, and an authorized contingency of $36,395. Funding is available in the Active Transportation Program Fund (Account No. 14817613 - 66220, Project 166871) for expenditure in Fiscal Year 2016 -17. APPROVED AS TO FUNDS & ACCOUNTS: NV A tv �- Fred Mousavipour Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG/TC /MO EXHIBITS: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 23A -3 23A -4 Md A,u SANTAANA City COUnCII Agenda Date PUBLIC WORKS AGENCY q��EN�Y October 18. 2016 Project No. 16 -6871: Safe Routes to School Enhancement for King Elementary C 23A -6 City Council Project No. 16-6871: Safe Routes Agenda Date to School Enhancement for October 18, 2016 King Elementary 23A-7 F�-, Ot �Y r AM! Vo L 1,4 z. ie City Council Project No. 16-6871: Safe Routes Agenda Date to School Enhancement for October 18, 2016 King Elementary 23A-7 F�-, Ot 23A -8 0 01 City Council Agenda Date October 18, 2016 VIA 0 01 City Council Agenda Date October 18, 2016 Project No. 16-6871: Safe Routes to School Enhancement King Elementary Exhibit 1C 23A-9 77-n= Project No. 16-6871: Safe Routes to School Enhancement King Elementary Exhibit 1C 23A-9 23A -10 CITY OF SANTA. ANA Exhibit 2 INSTRUCTIONS TO BIDDERS PROJECT NO.: 16 -6 871 SAFE ROUTES TO SCIJOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) INSTRUCTIONS' TO BIDDERS FOR PROPOSAL SUBMISSION INTENT OF PROPOSAL The purpose of this Proposal is to identify a Prime Contractor to enter into a contract with the City of Santa Ana, referred to as AGENCY, to complete the Work shown on the Contract Documents. PROPOSAL The Proposal shall be submitted in accordance with the Notice Inviting Bids and shall be accompanied by the following documents: The Proposal may be considered non - responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids, It is the BIDDER'S responsibility to ensure delivery of the Proposal to the location and prior to the bid opening hour stipulated in the Notice Inviting Bids, Late Proposals will not be considered. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 171,4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. 23A =11 I/ 1. Bid Proposal 2. BitHer's statement 3. Contractor's Licensing arid Registration Stcttemend 4. Prevailing Wage C'onapll race and Monitoringslolemenl 5. Ownersh., f%f)'']ji(lVll 6 Bid Bond fJ �r s 7. List Of Sub -Con wdor3 8. References 9. Additional References '� 10. Non - Collusion Aj11davit .✓' 11. Nora - Discrimination Cerlyf Bate 12. statement RegardingApin °er7ticesbip Regtiirenienls ✓1 13. Sicttenrenl Xegarcling "Anti - Kickback" Redttirerrrents 14. Public Contract Code Section 10162 Queslionnaire The Proposal may be considered non - responsive if any of these documents or forms is not included. The bid package shall be submitted as instructed in the Notice Inviting Bids, It is the BIDDER'S responsibility to ensure delivery of the Proposal to the location and prior to the bid opening hour stipulated in the Notice Inviting Bids, Late Proposals will not be considered. CALIFORNIA STATE LABOR CODE As outlined in the Notice Inviting Bids, this project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1. BIDDERS are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code. Per Section 171,4.a.2, Contractors are required to post job site notices, as prescribed by regulation. EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE BIDDERS shall satisfy themselves by personal examination of the work site, Contract Documents including the Plans and Specifications (and by any other means as they believe necessary) as to the actual physical conditions, requirements, and difficulties under which work must be performed. 23A =11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE, ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPl, 5063(160) BID PROPOSAL TO: CI'T'Y COUNCIL, OF THE CITY OF SANTA ANA FROM: California Professional Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lunnp sum(s) set forth in the following schedule: Item Description -- — Qty — Unit Unit Price Amount I "I'raflic Signal Installation at Me idden Ave and Pacific Ave I LS $ I0J a,-/ 11 - - -2 —G—TT Opticom Emergency Vehicle i LS $ -7 $ _ preemption System (Ur'`( 3 Install 2" PVC Conduit Per Plsut 't 1 10 LF $� $ 4 Install3" PVCConduit[lei Plan 1295 LF $ $ L000 5 Install 4" PVC Conduit Per Plan ° 375 LF $ $ —6 Install Na 6 Pull fox ..__ 13 EA $ `� $ 7 4nstall No. 6E Pull Box ` I EA $ -7uo li 8 Install Traffic Signal Loop Detector (Type E 10013)- 14 EA $ 9 Install Bicycle Loop Detector (Type D Circutar Loop) 6 EA $ ,! J $ 10 24 Strand SV PO Cable 950 LF $ $ �r 11 48 Strand SM] "O Cable 100 LF $ 11. C { C/o $ 12 Fusion Splice 1 Strand SMFO 96 EA $ $3 13 FiberOptic Cable Splice Enclosure 1 EA $ $ QCo P -I ofP -17 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENT'S FOR ICING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) Item Description Qty Unit Unit Price Amount 14 IP Communication System 1 LS S $ t 15 Signing and Striping I LS $ 16 Construct PCC Sidewalk 1300 SF $ $ 17 Consnvctioa PCC Curb Ramp 1080 SF S $ IS AC Pavement 330 TN S�__ _ $ 19 Pothole For Utilities Not Shown oa Plans 10 EA $ $ 150() 20 Pothole For Traffic Signal Equipment Utility fli Concts 6 EA $ $ i�fl �l Unclassr6ed Excavation "` 210 CY $ Ct � 4l I 22 PCC Cmrb aad Garter (Type A -2 -3) 200 L.F $ $„ t, � wx r 23 PCC Cross -gutter (.Arterial Street) 400 SF $ C,— $ 24 Cold Mill (0 -2 ") 2700 SF $ p� $ �fl 25 SCE Pull Box 1 EA $ $ P -2 of P -17 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE. ROUTIS TO SCHOOL ENIIACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) TOTAL BASF, BID GL . The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Bass, Bid, and any, all, or none of the add - alternate bid items (if any). The quantity for it -is bid item is shown for bid comparison only. 'This bid item shall not be subject to the "251 - limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase of 43ecrease the quantity of this item accordingly. i This bid item is c(wsidered a Specialty Item per Section 2 -3,2 ofthe Standard Specifications. TIME FOR COMPLY TON OF IMPROVEMENTS AND I..IQUIDATEI:) DAMAGES The undersigned bidd r hereby proposes to complete the Work for the total base bid amount shown above, within t, ") tsixty) workine clays after the commencement elate stated in the Notice to Proceed. The liquidated dama_rzs amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specification,,, shall be $1,000 per calendar day. Name of Firm _C,lifo aia.pnf E 49in/ Signature of BIDDER VanNggjnq -title Pie iCl�ct'Qt�l:y TCS�.S_urer jy)gsr __ (If an individual, so st:-te. If a firm or co- partnership, state the firm name grad give the names of all individual co- partners composing the firua, 1'f a corpw-atian, state legal name of corporation, and names of Presidew. Secretary. Treasurer and Manager, thereof:) P -3 of P -17 23A -14 MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTIORS CALIFORNIA PROFESSIONAL ENGINEERING, INC. The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of the corporation located at 929 ©tterbein Avenue, Unit E, La Puente, CA, 91748, USA on January 4, 2016. The Director present was VAN TAN NGUYEN. President acting as Chairman, same being VAN TAN NGUYEN, The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of the Corporation. Upon motion duly made, it was; Resolved, that the Chairman be requested to cause the same to be spread at length upon the minutes. Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve until their successors are elected and qualified; VAN NGUYEN, PRESIDENT VAN NGUYEN, SECRETARY VAN NGUYEN, TREASURER Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation. The President, Secretary, and Treasurer thereupon assumed their respective offices, The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the same were, on motion duly made, seconded and unanimously carried, in all aspects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the same was adjourned. The foregoing mi utes of January 4, 2016 are approved: VAN NGUYEN. President 23A -15 (corporate seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her dtdy authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds. check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages clue to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds. check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm r..alifnmia Prnfoq z niaal Fnninp.in.n d�_ Inc / Signature of BIDDER Title President rk n 5 [1nCl (Fan individual, so state. I'P a firm )r co- partnership, site the firm ianae and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -4 of P -17 23A -16 MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTIORS CALIFORNIA PROFESSIONAL ENGINEERING, INC. The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of the corporation located at 529 Otterbein Avenue, Unit E, La Puente, CA, 91748, USA on January 4, 2016. The Director present was VAN TAN NGUYEN, President acting as Chairman, same being VAN TAN NGUYEN, The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of the Corporation. Upon motion duly made, it was; Resolved, that the Chairman be requested to cause the same to be spread at length upon the minutes, Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve until their successors are elected and qualified! VAN NGUYEN, PRESIDENT VAN NGUYEN, SECRETARY VAN NGUYEN, TREASURER Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation. The President, Secretary, and Treasurer thereupon assumed their respective offices. The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the same were, on motion duly made, seconded and unanimously carried, in all aspects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the same was adjourned. The foregoing ml utea of January 4, 2016 are approved: VAN NGUYEN, President , Secretary 23A -17 (corporate seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) CON "TRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor. or corporate officer. declares under penalty of perjury that helshe and all his/her subcontractors are registered with the State of California Department of industrial Relations (DIR). and that the following is true and correct. Contractor's Name: California Professional Engineering Inc. _ Business Address: 929 Otterbein Ave Unit E La Puente CA 91748 _ __ Business E -Mail Address: va @cp m Telephone: i2si X10' L ice_ _ State Contractor's License No. and Class: 79 907 A _Q-I 0 C -20 License Expiration Date: 04/30/2017 State Dept. of Industrial Relations (DIR) Registration No.: 1000001980 State Dept. of Industrial Relations IR) Registration Expiration Date: Signed: Title: President P -5 of P -17 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL,- 5065(160) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of Per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name Signal Title (if an 23A -I�11 J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNFY 01 :ORANGL ) SS: CI "IY OF SANTA ANA ) Van Nguyen , being duly sworn, deposes and says: El INDIVIDUAL ]-hit li&she is the parv, making the foregoing proposal; El PARTNI:RSF11P 'that he /she isa member ofthe co- partnership firm designated as: and "ho has been and is dull vested with the authority to make and execute instruments hr the co- partnership by: who constitute the other members of the co- partnership. R1 CORPORATION I rat he is ol. I� resident of California Professional Engineering, Inc. a wm-oitioo which is nmking the foregoing proposal: [—] JOIN "F VENTURE That he is oft one of the parties making the foregoing proposal as a joint vemurc- and the he /she has been and is dulv iested with the authority to esecufe instruments for an on behali'of'the parties making said bits who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any a vantage against the City of Santa Ana or any person interested in the proposed contract, fo�hilnatf't)>jayy other person. Signature of Bidder Subscribed and sworn to before me t1 s day of Signature of officer Administering Oath (Notary Public) P -7 of P -17 23A -20 20 _ KIM a 0 State of California Los Angeles SS. � County of ._� , 3 ,Subscribed and Sworn to (oi affirined)'before are on this 10 _ —day of October 20 16 by ? Van N u cn _ proved to me on the basis of satisfactory evidence 9 b to be the persbn(kl who appeared before me. 4 4 0 t. 9.,3 �'• CoMM.N 2042313 N (� a� ��iy$jtl YGiriNY PUB4IG.CA41f0A;lIA 1:✓' ``W �%! C0Y Afl8EliS AOUR,Y l - h,Y C0110.1. Exp. SEp 21, 0911 NOTARY'S WINNI URP 9 public or other office completing this certificate verifies only the identity of the individual who signed the document LAn'otaiy h this certificate is attached, and not the truthfulness. accuracv. or validity of that document. rI.M V NO'T'ARY SIiAI -IN AI30 VH5VACF OPTIONAL INFORMATION � p The infor,nal'ion below is optional. However, it may prove valuable and could prevent fraudulent attachment 9 4 of this form to an unauthorized docu,nent. t � ty CAPACITY CLAIMED 13Y SIGNER (PRINCIPAL) DESCRIPTION OI?ATTAC HUD DOCUMENT � 4 ❑ INDIVIDUAL, i FLXI CORPORATE Oh1'tCl6R }C. IS1 Bt eSSCS nY,3leasurer, Manager TLP. 012 'PYPI3 OF DOCUMENT [� PARTNBR(S) rntets! ❑ AI-I-ORNCI- IN -r-ACr NUMBER OF 1�'\GLS 4 [] °(RUSTUE(,S) �i ❑ (;uAROIA.N, /CONSERVATOR Q G ❑ OTIIGR: 4 --- - - - - -- DMI, OF DOCUMENT $ R OTHER � � 11 ABSENTSIGNER (PRINC3ti'ALJTSREPRESENTING: RIGHT r NnmuegrrrusaN(s;aa[ <rrrvnis) THUMBPRINT' v CalifolniaProfessionalFn ineering,.Inc. SIGNER I 9 H d fi I W0,08 NO I',ARYBOND.S, S ITUES AND FOR MS Ar II I- FP //WWWAA IJ.LY SHAMN CON 50200i1U011V4L1.1zY-3IFZRAINSt RAW 23A -21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCflOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063 (160) lVilr5m KNOW ALL PRESENT that, California Proibssional Engineering Inc , as BIDDER, and Allied World Insurance Company _ , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of the Total BidArnount Dollars {$ ]0 °/n ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 16 day of September , 2016. Subscribed and sworn to before me ______ this _.._�_ day of , 20_, Signature: Notary Public in and for the County of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. The Bond Exchange and Insurance Agency 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949- 461 -7000 P -8 of P -17 23A -22 ALL-PURPOSE ACKNOWLEI)CMENT State olCalift-m -nia Los An SS, County of 011 October 10, 2016 m Diorn Chu before e, ,Notary Public, usrr personally appealed .., Van Nguyen who proved to tile on the ixisis ofsaiisfilctory evidence to be the J)USOIAW Whose nuMCW klzXR Subscribed to the within instrUl-ricilt and acknowledged to tile that he/&bwA)W executed the same in hishlm�*hrir authorized capacity(i(z), and that by his/imixinvix signature(et) on the instrument the personb6 , or (lie entity upon behalf of which the person(gAacted, executed the histrUelent. I certifv under PENALTY0F PERJURY under the laws of the State of California that the foregoing paragraph N true and correct. DIE CHU wvrNESS my halt(.] and offloial sea]. M W Comm Up Pap A A17 liMAKY'SS1C.N.10URE . . . . . . ... . .... ............... . ... .... .... ..... . . ...... ... A notary Public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validity of that document. PLACEIV) IARYNI.AL tNAB0VLSPACF mummmwmamommommmm OPTIONAL INFORMATION The informal ion below is optional. However, itmay prove Voll-lable and could preventfiraudiflent attachment of this Form to out unauthorized (locurnem. CAPACITY CLAINNIE11) 13Y SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHEI) DOCUMENT ❑ INDIVIDUAL X X CORPORNI E, OFFICER FffEj� oR ryjlj� C)17 o0C'U.j',jF.,\ Manager IT [] PARTNR:R(S) I F1 LE(s I AtTORNiEY-IN-I;A(J Is I I;f:(S) NUIMBER 01: PAGES GUARMANXONSIRVATOR El 0 11 IFIR: f)xrl, oi, SIGNTR (PRIN( IPAL) IS REPRESENTING: N 9 \ I 1 01 P [ R 'I( XM ti) Old I N I I I Y( II S) California Professional Engineering, Inc. RIGHT ,111MVIBPRIN'T 0[: MUNIIR OTHER AM I "'I' Myl A1YnO , I)S.Sl PPLILS AND I ORM' U 111 1 P.) W%% R % VMJ kYMTdtR % ( OA i 21W.1 2010b VAI I J,YMI RR IWIRANC I 23A-23 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County Of Orange____ On September 16, 2016 before me Robyn R Kargari Notary Public, ._- -- _..___ ._..._..-- - --- --- _........ tyas .x.._._ Llafa. InsFr� NuenN oP i lolary oxaciYy as rt .pF.ear., a.t the o(N 7,ii seal - personallyappeared TeratiJohnston N ,$) of $iynerlsl �! 1'Mj RCC7!r!A1 ° 21152 i F` IR J�L.CA. FUftNIh " ORANGE COUNTY i'i ft mo tnPIV I:S 2019 Pl,ce I d.,y ^until Above who proved to me on the basis of satisfactory evidence to be the persons) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /hedthelr authorized caparity(Ies), and that by his /her /their signnture(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my he nd official sea Signature�.v_-z-,,� �"'� _._...__. wg�i,re Nolory Publtr; Robyn R. Kargan Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or'fype of Document: Bid Bond Document Date: _Stember 1, 6 2016 Number of Pages:-1— Signer(s) Other Than Named Above: Capecity(ies) Claimed by Signer(s) Signer's Name Tereh Johnston _ [) Individual ❑ co, pet ate officer ...._...Title(s):.._..._ F1 Partner (Limited ❑General [V�j Attorney in Fact n Trustee Guardian cr Conservator Other. Signer is Representing: Allie_d_ftrld Insunaue-- ......_._....---- _ounAaIly..__. ._ ............. _.... -.. Signer's Name. _ ❑ Individual ❑ Corporate Officer -- Title(s)', _ ❑ Partner F, ! Limited C] General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 23A -24 .A Issue Date: April 27, 2016 Allied World Surety Divisionof Allied World insurance Company 30 S.17o`st., Suite 810 Philadelphia, PA 19103 POWER OF ATTORNEY No. 32826 -A 1340 Single Transaction Limit; $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company"] does hereby appoint NAME(s): RM1 Its true and lawful Attomey(s) -in -Fact, with full authodtyto execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above- referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf,` This 27th dayofFlprli, 2016 +CiINM$N'v'uAT IAILSF Y41✓AN1A NCyTARE SEAT e EL A98TNf{, iCLEt N�#s�POW Cttrt xisipntzurr hip C }mrtlts -Wan Ez,F+"AdguE"±_. 4`J ^P Title: Senior Vice President- Surety State of Pennsylvania ) County of Philadelphia )sS. On this 27th day of April, 2016, before me came the above -named :officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to be the Individual and officer described herein, and acknowledged that he executed the foregoing Instrument and affixedthe seals of said corporation thereto by authority of his office. CERTIFICA Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMI RESOLVED, that the proper offlosm of the Comomlion, the head of the surely business fire fa the Come ms OW be, aid each hereby Is, . aurevolrl b appoint one or=to Aftomeysinfactlempresert am ad to (under the =man seal of CorpamVOnif ameortmaie) Lends, undertakings, taorgnkaomes ad dfieromp PPRnJ Wo that in n,omHhno,uh IM, m,rv,nirnn <imnca^r „nrei ron,n,emocn mae'nnm „me aednfl eh Notary My Commission Expires: 08 /05/2018 IY Abe "Corporadurri on December 31,,2092: and iharappointed designees (each an'Authonzed Officer and selectively, Ihe'Aulirodzed 9 on behalf of [he Coryaahah in the trarxaclion of the Company's surety business to ebecute . sorndemSyand writings obri ato yIn the natu2 thereof. RESOLVED, that h connection Will he Corponeffor s Indianian of easily business,: the facsimile ormeihankally reproduced signature of any Authorized Gf oar; afiethor made heratofae or toreador, whesover appoaiNg upon a copy of any PrnSmrof Attorney of the Corporanon, with signatures pit as next above noted, shall be valid and bring upon the Corporation with No same few andettect as Uroughommallyauxed. _ RESOLVED, that in connection Win the Corporation's harsa ten of surely business, any such Atiomeyin-Fact delivering a swManal or other codification flat the foregoing resolutions all be In effect may road in such wrtiBearonme date thereef, odd date to be net later then [he date of delivery thereof by such AttomeyimFact, RESOLVED, that the Aulhadzed Crude be, and each hereby is, augmnzed to exaazle (under the ar men seat of the Corporalwn if appropriate), make, hie and deliver in the name and on behidf of the Generation any and all consents certificates, agreements, amendments, supplements, Instruments': and other documents whatsoever, and do any and all other things whateed erin connection vritli -Ihe most and any andtary matters lhumid andlor to carry out the purposes and intent mean, men deeming or dete rnimation In be condusWIy evidenced by any such execution a the taking of any such aogen byawh Authorized Often: f1, Daniel BBadtovky, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the Corporation , this ((P dayof 5RCt8vwbe( •201 IQ Daniel 2harkovky; AVP, Assistant General.Counsei WR 00046 00(3/2013) 23A-25 No. 3186-4 STATE OT CALIFORNIA DEPARTMENT OF INSURANCE BAN FRANCISCO Amended Certificate of Authority THIS IS TO CFRTIP'S` that, pursuani to the Insurance Code of the State of California, Allied World Insurance Company ofNem Hampshire, organised under the laws of New Hampshire, subject to its Articles oflncorporation or other fundamental organizational documents, is herebyauthorizedto transact within this Skate, subject to all provisions ofthisCertylcare, thefollowtng classes ofinsurance: Fire, Marine, Surety, Plate Class, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Maelimery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aim-raft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of CalubmIa. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requiremena made under authority of the laws ofthe State ofCcdtibrnia as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or inay hereafter be changed or amended. IN WITNFSS WHEREOF, effective as of the 12" day of May, 2013, [have hereunto set my hand and caused my gMcial seal to be go4ed this 22n' day gfMay, 2013. Dave Jones Irtrwarcc¢ Commisxianer By Susan 1. Stapp l' for NottIe Hoge Ck-f Deputy NOTICE: Qualification wish Clio Secretary of State muatba accomplished w regrdrod by the California Carpnrellons Cade promptly after, lssuaacooftbis ConificateofAuthariry. Faihwto do so will he a violuawl oflnsrnaaw Codesectian 701 and willbe grounds for revoldag this Certificate of Authority persuunt to the covenants made in the application therefor and Cho conditions contained harem. __..23A- 26_... -.. - CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCI -1001- ENHACEMENI'S FOR KING ELEMENTARY STATE PROJECT NO: A9PL- 51163(160) LIST OF SUB- CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, laighways inchiding bridge projects; %z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions orthe work to the firms listed below: Name A Ff License # /Exp. DIR Reg. # /Exp. Location Phone 1 Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # Location Phone L Type Of ork Amount $ I ) Name C License # /Exp. DIR Reg. # /Exp. License # L Location y Phone ?1y Type Of Work Amount $ Signature of B M Al- e -ut,1h Name ... n 1IL'i /p License 00m LPp (I DIR Rea �LTb2V1U 1 , Cp' Location Phone )1? th1 Type 01 I,DtX� Amount Name f , -T1RWIC, License # /Exp. U 5 ?,(I Zoacs 'DIR Reg.# /Exp. (jQ pQ�t jlj (Pf?�3�I7 License # 3 3-7 (pyla Location Pair A Phone 1 !o Type Of Work I pti;Acq Amount Natrtc License # /Exp. DIR Rey *. # /Exp. License # Location Phone Type Of Work Amount $ P-9 of P -17 23A -27 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENI IACEMENTS FOR KING ELEMENTARY STATE PROJECT N0: ATPL- 5063(160) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I. Please see attached Name and Address of Owner. 2, 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed and Address of owner. Name and Telephone Number of person familiar with project. J Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached P -10 of P -17 23A -28 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 8101322 www.cpengineeringinc.com Traffic Signal - Job References PROEM: Traffic Signal Improvements at Pasadena Ave & Walnut St Amount: $110,684.96 Owner: City of Pasadena Owner Address: 100 N. Garfield Ave Pasadena, CA 91109 Project Manager: Jahn Ramey Contact Phone #: (626) 744 -6912 Fax #: (626) 395 -7986 Status: Completed Approximate Start /End Dates: August 2015 -Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pull Boxes, Loop Detectors and Bicycle Loop Detectors, Traffic Signal & Poles, Cabinet & Controller. Traffic Signal Modification Raitt Street at Adams Street Amount: $707,855.63 Owner: City of Santa Ana Owner Address: 20 Civic Center Plaza Santa Ana, CA 92701 Project Manager: Edward Torres Contact Phone #: (714) 647 -5029 Fax #: (714) 647 -5622 Status: Completed Approximate Start /End Dates: April 2015 -Aug 2015 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pull Boxes, Communication Equipment, Loop Detectors, Fiber Optic, Cable, Preemption System, Cabinet & Controller, Access Ramps, and Striping & Markings. Lincoln Avenue and Westchester Drive Traffic Signal System Improvement Project Amount: $227,460:00 Owner: City of Anaheim Page t. of poaurneat Last Updated 41512016 23A -29 Owner Address: 200 South Anaheim Blvd Anaheim, CA 92805 Project Manager: Robert Poiaeologus Contact Phone #:714 - 765 -5285 Status: Completed Approximate Start /End Dates: September 2014 — November 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Poles, Illuminated Street Name Signs, HPS Luminaires, Loop Detectors, LED Countdowns, Cabinet & Controller, Access Ramps, Median Nose, Striping & Markings. Traffic Signal Modification at Euclid Street & County Hills Drive Amount: $109,942.80 Owner: City of La Habra Owner Address: 201 East La Habra Blvd La Habra, CA 90633 Project Manager: Sam Makor Contact Phone #:562- 383 -4158 Status: Completed Approximate Start /End Dates: June 2014 — August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Poles, Illuminated Street Name Signs Relocation, Signals, Pedestrian Push Buttons, Cabinet Modification, LED Flashing Beacons. San Gabriel Blvd, et. al TSM0010049 Amount: $1,463,453.23 Owner: County of Los Angeles Department of Public Works Owner Address: 900 South Fremont Ave Aihambra, CA 91803 Project Manager: Abigail Flores Contact Phone #: (626) 458 -3157 Status: Completed Approximate Start /End Dates: Jan 2013 — March 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Loop Detectors and Bicycle Loops, Fiber Optic, Reflective Street Name Signs, Illuminated Street Name Signs Relocation, Curb Ramps and Preemption System. Tustin Street & Palm Avenue Left Turn Signal Modification Amount: $179,527.00 Owner: City of Orange Owner Address: 300 East Chapman Ave Orange, CA 92866 Project Manager: Medel Vanes Contact Phone #:(714)744 -5535 Fax #: (714) 744 -5573 Page 2 of 4 Doawnena Lxf Updated 41512016 23A -30 Status: Completed Approximate Start /End Dates; Nov 2013 -Jan 2014 Description of Supplies, Equipment, or Services Provided: Modify Traffic Signal at One intersection along with Traffic Control, LED illuminated Street Name Signs, install New Cabinet, Safety Lighting, Loops, Vehicle Pre - emption System, Sidewalk Access Ramps & Traffic Signal Heads. WoodruffJWashburn Traffic Signal Amount: $156,697.58 Owner: City of Downey Owner Address: 11111 Brookshire Ave Downey, CA 90241 Project Manager: Keith Hoey Contact Phone #: (562) 622 -5898 Fax #:(562)904 -7296 Status: Completed Approximate Start /End Dates: Apr 2013 -Aug 2013 Description of Supplies, Equipment, or Services Provided: Upgrading Traffic Signal at Intersection, Trenching, Conduit Runs, and Installation of LED Safety Lighting. Traffic Signal Modification at Broolchurst Amount: $237,213.67 Owner: City of Huntington Beach Owner Address: 2000 Main Street Huntington Beach, CA 92648 Project Manager: John Griffin Contact Phone #: (714)375 -5011 Fax M (714) 374 -1648 Status: Completed Approximate Start /End Dates: March 2011 -Sept 2011 Description of Supplies, Equipment, or Services Provided: Modify Traffic Signal at Multiple Intersections along with Traffic Control, Installation of Curb Ramps & Traffic Signal Heads, and Monument Preservations. Traffic Signal System Upgrade Phase V -VIII Amount: $292,175.99 Owner: City of Santa Ana Owner Address: 20 Civic Center Plaza Santa Ana, CA 92701 Project Manager: William Albright Contact Phone M (714) 647 -5029 Fax #: (714) 647 -5622 Status: Completed Approximate Start /End Dates: Jan 2011 -Aug 2011 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Page 3 of 4 Document Last Updated 4152016 23A -31 Loop Detectors and Bicycle Loops, Fiber Optic, Cable, Signal Heads, CCTV System, and Preemption System, Traffic Signal at Various Locations HSIPL 5331 (017) & HSIPL 5331 (010) Amount: $507,840.79 Owner: City of La Puente Owner Address: 15900 East Main Street La Puente, CA 91744 Project Manager: Jason Brown, Willdon Contact Phone #: (562) 908 -6222 Status: Completed Approximate Start /End Dates: June 2012 — March 2013 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Loop Detectors and Bicycle Loops, Curb Ramps and Preemption System. 20th Street & Cherry Ave Traffic Signal Amount: $247,540.60 Owner: City of Signal Hill Owner Address: 2175 Cherry Ave Signal Hill, CA 90755 Project Manager: Natalie Avila, RKA Group Contact Phone #: (909) 594 -9702 Fax #: (909) 594 -2658 Status: Completed Approximate Start /End Dates: Feb 2013 —Sept 2013 Description of Supplies, Equipment, or Services Provided: Installation of Conduit; Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Loop Detectors and Bicycle Loops, Fiber Optic, Curb Ramps and Preemption System. Page 4 of 4 Document Lost Updated 4 1512016 23A -32 929 Otterbein Ave., Unit E La Puente, CA 91.748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpe ngineeri nginc,com California Prokssional`Engineering, Inc We intend to procure all bonds from: The. Hanover Insurance Company Yung T. Mullick, Attorney -In -Fact 24800 Chrisaita Drive, Suite 160 Mission Viejo, CA 92691 949 -461- 7000 -office # 949 - 461 - 7725 -fax # yiiiultick@,thebond-exchange.com We intend to procure all general /access liability /auto liability certificates from: Grossliglnt Insurance, Inc. George- Duran,-Agent 9381 Haven Ave' Raicho'Cucamonga, CA 91730 909- 204- 3629 - office # 909 -204 -3679 -fax # geor2en Bros sli ¢ht. corn We intend to procure all workers' compensation certificates from: BBSI Magdalena Gilaue, Agent 1950 Sunwest Lane, Suite 250 San Bernardino, CA 92408 909 -890- 0100 -office 909 - 890 -0120 -fax # Magdalena. gilane @bbsihq.com Pape 1 of I pocemaetLast Updated 9.7.2016 23A -33 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL E'NHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) ADDITIONAL, REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Naive and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached P -11 of P-17 23A -34 929 Otterbein Ave., Unit E La Puente, CA 99.748 Ph: (626) 810-1338 Fax; (626) 810-1322 www.cpengineeringlnc.com Traffic Signal -Job References PRQIEM: Traffic Signal Improvements at Pasadena Ave & Walnut St Amount: $110,684.96 Owner: City of Pasadena Owner Address: 100 N. Garfield Ave Pasadena, CA 91109 Project Manager: John Ramey Contact Phone #: (626) 744 -6912 Fax #: (626) 396 -7986 Status: Completed Approximate Start /End Dates: August 2015 -Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pull Boxes, Loop Detectors and Bicycle Loop Detectors, Traffic Signal & Poles, Cabinet & Controller. Traffic Signal Modification Raitt Street at Adams Street Amount: $707,855.63 Owner: City of Santa Ana Owner Address: 20 Civic Center Plaza Santa Ana, CA 92701 Project Manager: Edward Torres Contact Phone M (714) 647 -5029 Fax #: (714) 647 -5622 Status: Completed Approximate Start /End Dates: April 2015 -Aug 2015 Description of Supplies, Equipment, or Services Provided: Installation of Conduit Pull Boxes, Communication Equipment, Loop Detectors, Fiber Optic, Cable, Preemption System, Cabinet & Controller, Access Ramps, and Striping & Markings. Lincoln Avenue and Westchester Drive Traffic Signal System Improvement Pro ect Amount: $227,460.00 Owner: City of Anaheim Page 1 of 4 Domuwew T ost Updated 41512016 23A -35 Owner Address: 200 South Anaheim Blvd Anaheim, CA 92805 Project Manager: Robert Polaeologus Contact Phone M 714- 755 -5285 Status: Completed Approximate Start /End Dates: September 2614 — November 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Pales, Illuminated Street Name Signs, HPS Luminaires, Loop Detectors, LED Countdowns, Cabinet & Controller, Access Ramps, Median Nose, Striping & Markings. Traffic Signal Modification at Euclid Street & County Hills Drive Amount: $109,942.80 Owner: City of la Habra Owner Address: 201 East La Habra Blvd La Habra, CA 90633 Project Manager: Sam Makar Contact Phone #:562- 383 -4158 Status: Completed Approximate Start /End Dates: June 2014 — August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit Pullboxes, Traffic Signal, Poles, Illuminated Street Name Signs Relocation, Signals, Pedestrian Push Buttons, Cabinet Modification, LED Flashing Beacons. San Gabriel Blvd et. al TSM0010049 Amount: $1,463,453.23 Owner: County of Los Angeles Department of Public Works Owner Address: 900 South Fremont Ave Alhambra, CA 91803 Project Manager: Abigail Flores Contact Phone #: (625) 458 -3157 Status: Completed Approximate Start /End Dates: Jan 2013 —March 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Loop Detectors and Bicycle Loops, Fiber Optic, Reflective Street Name Signs, Illuminated Street Name Signs Relocation, Curb Ramps and Preemption System, Tustin Street & Palm Avenue Left Turn. Signal_ Modification Amount: $179,527.00 Owner: City of Orange Owner Address: 300 East Chapman Ave Orange, CA 92866 Project Manager: Medel Llanes Contact Phone #: (714) 744 -5535 Fax #:(714)744 -5573 Page 2 of 4 Document Last Updated 41512016 23A -36 Status: Completed Approximate Start /End Dates: Nov 2013 -Jan 2014 Description of Supplies, Equipment, or Services Provided: Modify Traffic Signal at One Intersection along with Traffic Control, LED Illuminated Street Name Signs, Install New Cabinet, Safety Lighting, Loops, Vehicle Pre - emption System, Sidewalk Access Ramps & Traffic Signal Heads. Woodruff /Washburn Traffic Signal Amount: $156,697.58 Owner: City of Downey Owner Address: 11111 Brookshire Ave Downey, CA 90241 Project Manager: Keith Hoey Contact Phone #: (562) 622 -5898 Fax #: (562) 904 -7296 Status: Completed Approximate Start /End Dates: Apr 2013 -Aug 2013 Description of Supplies, Equipment, or Services Provided: Upgrading Traffic Signal at Intersection, Trenching, Conduit Runs, and Installation of LED Safety Lighting. Traffic Signal Modification at Brookhurst Amount: $237,213.67 Owner: City of Huntington Beach Owner Address: 2000 Main Street Huntington Beach, CA 92648 Project Manager: John Griffin Contact Phone #: (714)375 -5011 Fax #: (714) 374 -1648 Status: Completed Approximate Start/End Dates: March 2011 -Sept 2011 Description of Supplies, Equipment, or Services Provided: Modify Traffic Signal at Multiple Intersections along with Traffic Control, Installation of Curb Ramps & Traffic Signal Heads, and Monument Preservations. Traffic Signal System Upgrade Phase V-VIII Amount: $292,175.99 Owner: City of Santa Ana Owner Address: 20 Civic Center Plaza Santa Ana, CA 92701 Project Manager: William Albright Contact Phone #: (714) 647 -5029 Fax #: (714) 647 -5622 Status: Completed Approximate Start /End Dates: Jan 2011 -Aug 2011 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Page 3 of 4 Uocumew Last Updated 41512016 23A -37 Loop Detectors and Bicycle Loops, Fiber Optic, Cable, Signal Heads, CCTV System, and Preemption System. Traffic Signal at Various Locations HSIPL 5331(017) & H,SIPL 5331 (010) Amount: $507,840.79 owner: City of Lo Puente owner Address: 15900 East Main Street La Puente, CA 91744 Project Manager: Jason Brown, Willdon Contact Phone #: (562) 908 -6222 Status: Completed Approximate Start /End Dates: June 2012 — March 2013 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Loop Detectors and Bicycle Loops, Curb Ramps and Preemption System. 20th Street & Cherry Ave Traffic Amount: $247,540.60 Owner: City of Signal Hill Owner Address: 2175 Cherry Ave Signal Hill, CA 90755 Project Manager: Natalie Avila, RKA Group Contact Phone #: (909) 594 -9702 Fax #: (909) 594 -2658 Status: Completed Approximate Start /End Dates: Feb 2013 — Sept 2013 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Traffic Signal, Interconnect Cable, Communication Equipment, Loop Detectors and Bicycle Loops, Fiber Optic, Curb Romps and Preemption System. Page 4 of 4 Docuinene Lcut Updated 415127.16 23A -38 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com California Professional Engineering,'lnc. We intend to procure all bonds from: The Ilanover Insurance Company Yung T. Mullicic, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949 -461- 7000 - office # 949- 461 - 7725 -faa # yiiiullicl(@tlaeboiad-exchang6.com We intend to procure all general /access liabilitylauto liability certificates from: Grosslight Insurance, Inc, George Duran, Agent 9381;I-Iaven Ave' Rancho.' Cucamonga, CA 91730 909 -204= 3629 - office # 909- 264 -3.679 -fax # eeomc(a,msslieht.com We intend to procure all workers BBSI Magdalena Gilane, Agent 1950 Sunwest Lane, Suite 250 San Bernardino, CA 92408 909- 890- 0100 -office # 909- 890- 0120 -fax # inagdalena.gilat-ie@bbsihq.com compensation certificates from: Page l of 1 23A -39 DocumewLn t Updated 9 ,7,2016 CITY OF SANTA ANA PROPOSAL PROD EC T NO.: 16 -6371 SAFE ROUTES TO SCHOOL ENPIACEMENTS FOR ICING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1 12 and Public Contract Code Section 7106) in conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not inade in the interest oC or on behalf of. any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or share; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired. connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly of indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of tike bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof. or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that makin a false certification may subject the certifier to criminal 7 prosecution. � r--- _._,n Signed State of California County of _ jQs Angeles Subscribed and sworn to (or affirmed) before me on this proved to me oil the basis person(s) who appeared before tile Notary Public Signature �� S�F txt-IUC�1QV}°1� day oi' 20, by of satisfactory evidence to be the Notary Public Seal P -12 of P- 17 23A -40 ,$[JRAT ^+r,c> s101 aState of California 4 County of _ Los Angeles SS. iSubscribed and sworn to (or affirmed) before me on this 10 day of October 20 16, by 0 Van Nguyen - - -- -- - — —_ - -' proved to the on the basis of satisfactory evidence to be the person(xV who appeared before me. Q rd � b 9 t °r 0 b 4 � 4 M° DIEM cwu� a y� Cowtt.0 2042313 N POAi10- Los COVfyIA av CPNN. Eaa. $EP. 21,1017 V —_ -- NOTARY S SI(.INeCI'VRG �p A notary public or other office completing this certificate verifies only the identity of the individual who signed the document o which this certificate is attached. and not the truthfulness. eccuracv. or validity of that dnculnonL� PLACE INO'1ARY Sfl AL LN AL)VE SPAR. OPTIONAL INFORMATION � The information below is optional. However, it may prove Valuable and could prevent fraudulent attachment of this form to an unauthorized document a 3 � CAPACITY CLAIMED 13Y SIGNER (PRINCIPAL) ISISCRIPTION OFA7.TACIUD DOCUMENT e INDtV1D1iAL R h ('OIi.PORA'Pl )t^'F(CBt2. pgt,.ReCt'e Gly. TI'ea5ut'et', MAnagOt' TI "PLE ORT'YPE pF 6 ) uE,AF.N 1' b [] RARTNE.R(S) 'Oros) ATTORNEY -IN -FACT - 6 NUMBFR OF PAGIS ( _1 GIJAITDlAN /CONSGRVA"I'OR 9 w OTHER. _ iJAI'6 OP DOCUMP3�T 'S ABS N1 SWN3 R( PRINCIPAL) IS REPRESENTING: RIGIFT 3 NANII I OF kI IRSON(S) OR PN'rITYOPS) T'CIUMIIPRlNT v >, Cahfolnla Pr'of'essional Engineering, Inc... „ SIGNER 4 d W v) ----- -._._---- -- -... —. _ f v k, .>: v ^l ..f� ..,SS^`.1'd.Y.'ve.-2",z�`Ca .. .,ra a`>.� -dT VS�':A .P`.ta _ va._. ➢'zt �x ➢-T'. �;,,.z+s.'.zl -�r`S 9'v3- a�.'J' I Il i 1.'009 NOTARY DON DS. 5LIPP IIS A NJ) I-ORAASAT n7TP.imww.vA L1.6Y -s lk3R RA ON 02(1x5 -209N VdLLHY- SI[Rit 11NSLIRANCr. 23A -41 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall talcs affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall inclade, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, . and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P-17 23A -42 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE. ROUTES TO SCHOOL ENI IACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) The Contractor shall include the portion of the sentence immediately preceding paragraph ( I ) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, no discrimination shall be made in the employment ofpersons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor o'f public works vic ling this Secti n is subject to all the penalties imposed for a violation of the Chapter. _ Signed: Title: Firm: California Professional Engineering, Inc. Date: 10/10/2016 2�A4 o 1413 CITY OF SANTA ANA PROPOSAL PROJECT NO.: I6 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL, 5063 (160) STATEMENT RFGARDING APPRENTICESHIP REOUIREMEN "TS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30.000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same a1TIOUnt or upon the same basis and in the same manner as the other contractors. except contractors not signatory to the trust agreement shall pay a like amOUnt to the Calrifoinla- AppiTnticef p Co neil. Signed: /✓ Title: President r Firm: California Professional Engineering,l c. Date: 10/10/2016 P -15 of P -17 23A -44 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or rel it of public work, to 've up any part of the compensation to which he /she is otherwise enti led. - -/ Signed: Title: Prosidont Date: 10/10/2016 P -16 ofP -17 23A -45 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6871 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR KING ELEMENTARY STATE PROJECT NO: ATPL- 5063(160) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X _.— If the answer is yes, explain the circumstances in the following space. P -17 of P -17 23A -46 From; California Professional Engineering, Inc. 00 NOT OPEN WITH REGULAR MAIL. 929 Otterhein Ave, Unit E La Puente, CA 91748 (828) 810.1338 Sealed Bid For: Safe Routes to Scheel Enhancements for King Elementary Project No,: 16-6071 Bid Date: 10/10 /2016 9 2:091m City of Santa Ana City Hall Public Works Agency, 3 "d Floor, Ross Annex 20 Civic Center Plaza M -22 Santa Ana, CA 92701 SEAL 010 00 NOT OPEN WITH REGULAR MAIL 20x,-, n�`(10PHU44 : 23A -47 23A -48 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6871 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR KING ELEMENTARY This CONSTRUCTION CONTRACT is made and entered into this l Wh day of October, 2016 , by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and California Professional Engineering, hrc., hereinafter referred to as "CONTRACTOR'. WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City .Engineer of the CITY, the Safe Routes to School Enhancements for King Elementary Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Infomiation to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $363, 943 — Three Hundred Sixty three Thousand Nine Hundred Forty -three Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 23A -49 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6871 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR ICING ELEMENTARY The BID PROPOSAL contains a schedule of unit price(s) or lump sun(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law, 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnisli a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall Also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. S. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 23A -50 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6871 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR KING ELEMENTARY IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI -IO City Attorney BY JoIJ4 Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Page 3 of 3 23A -51 23A -52 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -6871: SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR KING ELEMENTARY Construction Contract $ 363,943.00 Contract Administration $ 22,900.00 Inspection and Testing $ 31,000.00 Contingencies $ 36,395.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 454,238.00 23A -53 23A -54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AWARD CONTRACT TO KDC INC., DBA DYNALECTRIC, FOR CONSTRUCTION OF GRANT - FUNDED SAFE ROUTES TO SCHOOL ENHANCEMENTS AT MONTE VISTA ELEMENTARY (PROJECT NO 166873) (STRATEGIC PLAN NOS. 6, 1B & 1G) CITY MAN AGE 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 CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to KDC Inc., dba Dynalectric, the lowest responsible bidder, in accordance with the base bid in the amount of $332,234 for the term beginning upon execution of the contract and ending upon project completion, for the Safe Routes to School Enhancements at Monte Vista Elementary, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $411,658, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $33,224. DISCUSSION The recommended actions are needed for the City to proceed with the installation of traffic safety enhancements on City streets adjacent to Monte Vista Elementary School (Exhibit 1). The improvements include left turn arrows on McFadden Avenue at Raitt Street, and bulb outs on Monte Vista Avenue at Townsend Street to narrow the street. Once completed, these improvements will increase school -age pedestrian safety while promoting more walking. A Notice Inviting Bids was advertised on September 23, 2016 and September 30, 2016; bids were opened on October 10, 2016. The following is a summary of the bid invitations made and the bids received: 2313-1 Contract Award For Safe Routes to School Enhancements for Monte Vista Elementary October 18, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 9 Contractors requesting bidding documents 13 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 KDC Inc. dba Dynalectric Los Alamitos $332,234.00 2 DBX, Inc. Temecula $332,701.00 3 Belco Elecnor Electric Chino $336,205.00 4 California Professional Engineering La Puente $344,108.00 5 PTM General Engineering Riverside $405,945.00 A total of five bids were received and all were deemed responsive. KDC Inc. dba Dynalectric submitted the lowest responsive bid in the amount of $332,234 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to KDC Inc. dba Dynalectric, in the amount of $332,234 (Exhibit 3). 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -151 was filed for this project. 23B -2 Contract Award For Safe Routes to School Enhancements for October 18, 2016 Page 3 FISCAL IMPACT Monte Vista Elementary As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $411,658, which includes construction, contract administration, inspection, testing, and an authorized contingency of $33,224. Funding is available in the Active Transportation Program Fund (Account No. 14817613 - 66220, Project 166873) and Measure M2 Local Fair Share Fund (Account No. 03217662 - 66220, Project 166873) for expenditure in Fiscal Year 2016 -17. re Mousavipour Executive Director Public Works Agency FM /EWG/TC /MO EXHIBITS: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B -3 23B -4 B A Mi Tr ar SANTA ANA City Council Project No. 16 -6873: Safe Routes to School PWA Agenda Date Enhancement for UP09pC WORKS AGENCY October 18, 2016 Monte Vista Elementary � y �I PWEW i�,rr I u m � � r F Si S IN h+ M 7- r E2xi � r k f SAPI1n APlh City Council Project No. 16 -6873: Safe Routes ■ �- ■ Agenda Date to School Enhancement for ttonte Vista Elementary e October 18, 2016 23B -7 i LEFT TURN ARROW AT z EXISTING TRAFFIC SIGNAL i�,rr I u m � � r F Si S IN h+ M 7- r E2xi � r k f SAPI1n APlh City Council Project No. 16 -6873: Safe Routes ■ �- ■ Agenda Date to School Enhancement for ttonte Vista Elementary e October 18, 2016 23B -7 LEFT TURN ARROW AT z EXISTING TRAFFIC SIGNAL f Y S` t 131 � Y �1W 1 1 + b ffi 11 ^r i�,rr I u m � � r F Si S IN h+ M 7- r E2xi � r k f SAPI1n APlh City Council Project No. 16 -6873: Safe Routes ■ �- ■ Agenda Date to School Enhancement for ttonte Vista Elementary e October 18, 2016 23B -7 t � z f Y S` t 131 � �1W 1 1 + b ffi i�,rr I u m � � r F Si S IN h+ M 7- r E2xi � r k f SAPI1n APlh City Council Project No. 16 -6873: Safe Routes ■ �- ■ Agenda Date to School Enhancement for ttonte Vista Elementary e October 18, 2016 23B -7 r � FN . ...aa: �§- � � City er and §�1 16-6873: Safe R outes es Agenda Date b a Enhancement f October wa X07 Monte Vista Elementary 22B- 23B -10 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 16 -6$73 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: KDC Inc., dba Dynalectric REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Traffic Signal Modification at McFadden 1 LS $ $ _ Ave and Raitt Street 7 7C/,S" {%3r `7%% 2 GTT Opticom Emergency Vehicle 1 LS $ C3 4 r- '1 `1 $ ✓ e, 7 l GZ _. �J� ` Preemption System 3 Install 2" PVC Conduit Per Plan* 1.00 LF $ ,. $ �..,. 4 Install 3" PVC Conduit Per Plan * 2075 LF $ 2� $J /S 5 Install 4" PVC Conduit Per Plan,* 400 LF $ 7 $, 6 Install No. 6' Pull Box* 13 EA $ ! i,' e177-- 7 Install Traffic Signal Loop Detector (Type E Loop) 21 EA $ f <nGn $ j 8 Install Bicycle Loop Detector (Type D 12 EA $ 3 z.2 $ 31 o e Circular Loop) 9 24 Strand SMFO Cable 3800 LF $ ^-� t: ..�31 $ 017 70 ... 10 Fusion Splice 1 Strand SMFO 96 EA $ 1 -7 $ /, 750 11 IP Communication System 1 _ LS $ $ �1 c 0C® _._- 12 Signing and Striping 1 LS $ c /Z6r/' $ � 2Cr✓y' 13 Construct 4" PCC Sidewalk 1,740 SP $ $ P -1 of P -17 2313-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) Item Description Qty Uuit Unit Price Amount 14 Construction PCC Curb Ramp 1260 SP $ $ 15 AC Pavement 30 TN $ $ 16 Pothole For Utilities Not Shown on Plans 10 EA C,�..�^ +'-]� y� 17 Pothole For Traffic Signal Equipment Utility Conflicts 4 FA $ $ i LS Unclassified Excavation * 130 CY $ $ 19 FCC Cub and Gutter (Type A -2 -8) 200 LF $ _ 7L $ 20 PCC Driveway Approach (Commercial) 400 SF $ 2L Temporary Overhead Wiring l LS $ 22 Crosswalk Drainage System 1 LS $ $ P -2 of P -17 23B -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENIIACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPI 5063(163) TOTAL BASE BID 5 ✓! G The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "251/)" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 80 (eighty workrn days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendarylay, Name of Firm KDC Inc., dba D1. Signature of BIDDER Title William B. Davenport, Exec. VFO, Trees. (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) "Please See Attached P -3 ofP -17 23B -13 WRITTEN CONSENT OF THE SOLE DIRECTOR AND SOLE SHAREHOLDER OF i{DC INC. Pursuant to sections 307(b) and 603 of the General Corporation, Law of the State of California, and in lieu of annual meetings of the sole Shareholder and of the sole Director of KDC Inc., a California corporation ( "the Corporation "), the, undersigned sole Shareholder and sole Director of the Corporation do hereby consent to, and adopt, the following resolutions: RESOLVED, that the sole Director, pursuant to the Bylaws of the Corporation, does hereby fix the number of directors of the Corporation at one director; and RESOLVED, that R. Kevin Matz be and he hereby is, elected by, the sole Shareholder of the Corporation, the sole Director of the Corporation for a term of one year or until his successor shall have been elected and qualified or his earlier resignation or removal. RESOLVED, that all acts, contracts and agreements on behalf of the Corporation made, taken or authorized by the sole Director and the officers of the Corporation since the date of the last meeting of, or written consent in lieu thereof by, the sole Shareholder of the Corporation are hereby adopted, approved and ratified by the sole Shareholder. RESOLVED, that the following named persons be, and each hereby is, elected, by the sole Director, to the respective office indicated opposite such person's name below to serve as such until the next annual meeting or until their respective successor is elected and qualified or such officer's earlier resignation or removal: Officer Name Title Michael J. Parry Chief Executive Officer, President R. Kevin Matz Vice President Joseph C. McCormick Asst. Vice President and General Counsel William B. Davenport CFO, Executive Vice President and Treasurer Dusty Lord Secretary wayac Gantt Vice President Matthew Thornton Vice President — General Superintendent Susan Henri Assistant Secretary Mark M, Porto Assistant Secretary DATE: April 4, 2016 R. Kevin Matz, Di for 23B -14 SOLE SRARFHOLDER: Dyn Specialty Contracting Inc. R, Kevin Matz, cc Presi ent 23B -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENIJACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting 'hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER furtber agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (1.0) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm KDC Inc., dba Dynalectric Signature of BIDDER Title William B. Davenport, Exec. VP, CFO, Trees. (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal carne of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) `Please See Attached P -4 of P -17 23B -16 WRITTEN CONSENT OF THE SOLE DIRECTOR AND SOLE SHAREHOLDER OF I{DC INC, Pursuant to sections 307(b) and 603 of the General Corporation Law of the State of California, and in lieu of annual meetings of the sole Shareholder and of the sole Director of KDC Inc., a California. corporation ( "the Corporation "), the undersigned sole Shareholder and sole Director of the Corporation do hereby consent to, and adopt, the following resolutions; RESOLVED, that the sole Director, pursuant to the Bylaws of the Corporation, does hereby fix the number of directors of the Corporation at one director; and RESOLVED, that R, Kevin Matz be and he hereby is, elected by, the sole Shareholder of the Corporation, the sole Director of the Corporation for a term of one year or until his successor shall have been elected and qualified or his earlier resignation or removal. RESOLVED, that all acts, contracts and agreements on behalf of the Corporation made, taken or authorized by the sole Director and. the officers of the Corporation since the date of the last meeting of, or written consent in lieu thereof by, the sole Shareholder of the Corporation are hereby adopted, approved and ratified by the sole Shareholder. RESOLVED, that the following named persons be, and each hereby is, elected, by the sole Director, to the respective office indicated opposite such person's name below to serve as such until the next annual meeting or until their respective successor is elected and qualified or such officer's earlier resignation or removal: Officer Name Title Michael J. Parry Chief Executive Officer, President R. Kevin Matz Vice President Joseph C. McCormick Asst. Vice President and General Counsel William B. Davenport CFO, Executive Vice President and Treasurer Dusty Lord Secretary Wayne Gantt Vice President Matthew Thornton Vice President — General Superintendent Susan Henri Assistant Secretary Mark M. Porto Assistant Secretary DATE: April 4, 2016 R. Kevin Matz, D for 23B -17 SOLE SHAREHOLDER: Dyn Specialty Contracting Inc. R, Kevin Matz, ce Presi ent 23B -18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares Lander penalty of perjury that he /she and all his /lrcr subcontractors are registered with the State of California Department of Industrial Relations (;DIR), and that the following is true and correct. Contractor's Name: KDC Inc., dba Dynalectric Business Address: 4462 Corporate Center Dr., Los Alamitos, CA 90720 Business E -Mail Address: Telephone: 714- 828 -7000 bd avenport @d yn a -la. com State Contractor's License No. and Class: 550173 A, C10 License Expiration Date: 12/31/2016 State Dept. of Industrial Relations (D1R) Registration No.: 1000001129 State Dept. of Industrial Relations (DI Registration Expiration Date: -, 06/30/2017 Signed: Title: William B. Davenport, Exec.', CFO, Trees. P -5 of P -17 23B -19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is t9ic and correct. Name of Firm KDC Inc., dba Dynalectri Signature of BIDDER Title William B. Davenport, Exec, VP, CPO, Trees. (if an individual, so state) P -6 of P -17 23B -20 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063 (163) OWNERSHIP AFFIDAVIT STA'L'E OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) William B. Davenport, Exec. VP, CFO, Trees. being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNMSHIP That he/she is a membm of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co- pminenship. JXJ CORPORATION That he is of: KDC Inc., dba Dynalectric a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of., one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behall'of the parties making said bid who are: that such a bid is gcnuine d not collusive or sham, and has not in any manner sought by collusion to secure any antage against the City of Santa Ana or any person interested in the proposed contract, fo itself or any other person. Signature o Iddei William B. Davenport, Exec. VP, CFO, Trees. Subscribed and sworn to before me this day of . 20 Signature of officer Administering Oath (Notary Public) P -7 of P -17 23B -21 "Please See Attached Jurat CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 xa ❑ See Attached Document (Notary to cross out lines 1 -6 below) I I See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Signer No_ t Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed She document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _U tinge KRISTEN RENEE CZUPRYN Commission # 1996022 Notary public - California z Orange County III My Comm. Expires Nov 25, 2016 a�a�$ Seat Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 7th _ day of _.__ October,_, _ 20_16_, by Date Month Year (1)_. William8,_Dayenpo-.rt (and Names) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. J Signatur __ _ Signature of ary Public r• � Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docurent: Uwnemirip affidavit Document Date: __10 -7 -16 Number of Pages: 1 Signer(s) Other Than Named Above: _None `^" X_' rvR' K.' ve' 4Y°.' yEd�c` �v'£ rSS- L'.% L^ �3¢'/.- r- E' e,.".'` G'z:zi`tz"K%„'c`.bc'G`E'.V"? =VY CO2014 National Notary Association • www.NationaiNotary,org • 1- 800 -US NOTARY (1- 800- 876 -6827) Item #5910 23B -22 CPTY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENFIACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) I3ID BOND KNOW ALL PRESENT that, _ 6vnalectric --- .�— - - - - -- _ > as BIDDER, and Travelers Casualty and Suroty Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percentofittegmaunt ,I3jd____Dollars ($ 10 °h of Amt Bjd ), which 1s ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by 13IDDE;R in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this _Ain day of October _ , 20.16. BIDDER* SURETY* Travelers Casualty and Surer Company om w , HartfordC 600 Rita Sagistanb, Afforney -Fact Alliant Insurance Services, Inc., 333 Earle Ovington Blvd, Suite 700, Uniondale, NY 11553 Subscribed and sworn to before me — 0_dnuBMariaKissane this _attl day of Ont ______ , 2016. DONNAMARtE A IOSSANE b � Notary Publ01KI62 of New York Si gnature Lj j No. tIn Nassau C Qualified in Nassau County Notary Public in and for the County of _ Nassau Commission Expires March 3, 2018 State of _ New York _ * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -8 of P -17 23B -23 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Fnotary public or other officer completing this certificate verifies only the identity of the individual who signed the cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I — State of California County of _. C On 10 -7 -16 — ._T...- Date before me, Kristen Czupryn, Notary Public -- __- _- Here Insert Name and Title of the Officer personally appeared —William B. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- KR1116N R Nee czuPRyN WITNESS my hand and official seal. r� • ....r" r. Comrnlsslon # 1r3g60P2 NataryPublic California z d Orange County n _ $ Signature' = '' ' Mu Comm. ExpnP Nov 25. 2016 �t Signature of Not Public Place Notary Seal Above gA7lONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond -__.. Document Date: 10 -4 -16 Number of Pages: ,,, 1 Signer(s) Other Than Named Above: _-...._ Rita Sagistano __,_ Capacity(les) Claimed by Signers) Signer's Name: William B. Davenport XI Corporate Officer -- Title(s): _Egec e & CPO D Partner — C7 Limited ❑ General ❑ Individual ❑ Attorney in Fact L1 Trustee U Guardian or Conservator ❑ Other: Signer Is Representing: KDC Inc. dba Dvnalectric dba KDC 5 eteni ..- s Name: C1 Corpo Off r is Representing Fact .cecz�c^?�?;�,rxt�rz:•c- :, .:.:- .. .x�:G'x =cam. ... -. -. _ .......�s�:-�a�u��:F -��.c^ c ...... ©2014 National Notary Association • www.Nationa[Notaiy.org • 1- 800 -US NOTARY (1- 800 - 876-6827) Item #5907 23B -24 cer — Title(s): FJ Partner — 'ted ❑ G U Individual F1 Trustee Guardiar 11 Other' r is Representing Fact .cecz�c^?�?;�,rxt�rz:•c- :, .:.:- .. .x�:G'x =cam. ... -. -. _ .......�s�:-�a�u��:F -��.c^ c ...... ©2014 National Notary Association • www.Nationa[Notaiy.org • 1- 800 -US NOTARY (1- 800 - 876-6827) Item #5907 23B -24 WARNING: THIS POWI -R THE RFD POWER OF A'd "I0RNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company F]delIly all(] Guaranty Insurance Company Travelers Cosnnlly and Surely Company Fidelity and Guaranty insurance Underwriters, Ltc. Trlo'c rs CMrhah{ and Surety Company ofAmeriea St. Paul Fire and Marine Insurance Company United Stadas Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Pact No. 229701 Certificate No. 006912623 KNOW ALI, MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Pile and'Malino Ituurance. Company, St. Paid Guardian Insolence Company, St. Pan] Mercury ILhsnrance Company, Trawlers Comialty told Surety Company IImc1crs Casual[) and Surety Company of America, wad United .SILKS Fidelity and Guaranty Company are corporations duly organized railer the laws of the State nl' Connecticut. that Pidelitr and Guaranty Insurance Company is a corporation duly erganceed under the law, oi' hhc .State of Iowa. and that Fidelity and Gwrtamty Insratace Underivi hers -Inc,. i% it corporation duly mganved tattler file lam, of the Suoe of Wisconsin therein collectively called the "Companies' l, and dial the CnmpanieN (to hereby make, roust alle and appr..of Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Roberl'I'. Pearson, Camille Maitland, Ceorge O. Brewster, Colette R. Chisholm, Vincent A. Walsh, Lee Ferrucci, Desiree Cardlin, Nelly Renchiwich, and Mia Woo- Warren of the City or _ Ut nc�Ill. ._ _—Stine (it N _w Yo]'h ,their true and IawfihL4unnreyl s) -in -Fat. uwlh in their separew aghacity if more than one Is named abnve�, to sign, execute, scut and acknowledge any and NI bond,, reeognizames, conditional unilerakitip and other wrltiugs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing [lie Fidelity of persons, uauunteehhg the perforarance of contracts and execming or gutuantecing bonds and undcuakings required or p rmittccl in any actions or proceedings atoned by law. IN WITNESS WBERETYU, the Companies have causod this insn'tuneut to be lilpied and their core am e seals W be hmum atfned, hhis 28th dayof_. Ally .._._.._. -._- 2016 _.. wr Farmington Casualty Company Fidelity and Country, Insmance Company Fidelity and Guaranty InsurI sec Underwriters, hat. St. Patti Fire and Marine Insurance t;nmpany St. Paul Guardian Insurance Company SL Pont Mercury Insolence Company Travelers Casuath and Surety Company Travelers Casunhy and Surety Company of America United States Fidelity and Guaranty Coaapauy e2 �voM[ra vY�J�`W�y'y 9777 }v '' - tNtlagr d N sr; . .` tal a 1959 . ' . aJ/\' , ,.,..r✓ .wo e 9v �ti lv.m.a , �.v ° `e.r $ tasn1 m - . re as4 lji stale of COnnecticut City of Ilartford ss. s, Rohea L. Rauwy. Senior' Vise pwsidma On this the 28th day of- July 2016 , h.lnro tie personally appeared Robert L. Raney. who ackn livid cd hiol,ch to be the Sensor Vice fit esidem of Farmington Casualty Company, Fidel][}' and Guaranty Insu aim Compare. Fidelity and G Lot r ant c 1I ],III awo 0 fide'rwriIcI Inc.. St. Paul File and Nlal'ine Insurance Company, St. Paul Guardian bran ance Conrpauy, St. Paul A lei cuIy Insur,mce Compan}, Fnncler_s Caxu:dt,y end ?ahoy Company. Ti;Ire let s Casually and Surety Company of America, nail United Stange Fatality and Guaranty Company, and [tat he, ss such, being nu[horizid so to do, esecutal rite foregoing instalment for the parposes lie in contained by signing on behalf of file, enrileraikail 11y himself ill it duly auhoriycd office, x„7@7 In ti EMCSS Whereof, I hCi'2mltn set my hand and official seal. Ms Commission expires the 30th clay orJunc 2021. COp�Lgd,�" 58440 -5 -16 Printed in U.S.A. sLnia C. l'h li\nnv Poali, TRAVELERS CASUALTY AND SURETY COMPANY OT AMERICA HARTFORD, CT, 06183 ATTORNEY- M-FACT SUSTOICATION PRBNCFPAL'S ACKNOWLEDGIRENT --Tf A CORPORATION State ofbtow York. County of )es.. On this day of 120 , before nee personally appeared , to Hits krunm, who, being by me duly 5worn, deposes and says! That he/shererides in the City of - tkar.he/shalsOro of - ,rile corporation described in and which executed the Lvilhin Instrument; that helsho knows the seal of said anporatlon; that the real affixed to said instrument is such corporate seal; that it was in affixed by order a(dw Bond of Directors of said corporation, and dam bdshe signed Idulla r Anne thereto by like order. Slate of New York, County of BRINCII -AL'S ACITNOWLEDGhIENT —FF INDIVIDUAL OR FUNI ) 32. Do this day or ,20 , beforo use personally appeared to we knmm to be (the indiyidual)(ueo ofplc Ann of ) described in and who execaded the within Instrument, and hdsbe thereupon duly acknowledged to Are that bdsho executed the sense (as the act and dead of said f na). SURETY C011FPANY'S ACKNOWLEDGMENT StatoafNaw Yark,Counlyaf NaSSBU ) H. On Ibis 4th dayof October „2096 ,before me personal�lyv avpvpeared RI1R SROIBianO , to me known, who, being by me duly swum, did depose and say; That he/she resider in the KIII County of Nes5au, NY that he/sho it Altamcydn•Fact of TRAVELERS CASUAI;TY AND SURETY COiIWANY OF AMEWCA, the corporation described in sad which "cooled the within insWment; that hclakc knaves the corporate seal of said Company; shat the seal affixed to said Instrument Is such corporate seal; and th a he/she signed said Instrument as Almmey4o -Fact by audwrily of the Board of Directors of said Company; and afRant did NRher depose and say that the Sopes9ntendent of Insurance of Ole Slain of New Yosk has, pursuant to Chapter 892 ordm Leers of the Slate of Naw York for the year 1939, constituting chapter 25 of the Consolidating Laws of Ike Slats of New York as $a Insurance Law as =ended, Issued to TRAVELERS CASUALTY AND SURETY C04NU -ANY OF AALERFCA hisAter certificate god said Company Is qualified 10 become and be nucaplod As snotty, or guaeanlor on all bonds, undertakings, mcognlaanees, guaranties, and other obh inns Michel or permitted by law; slid that such codlReatahas not boon revoked. .e olaryPublia Sembilan carried at $7,605,638 In the above stalament are doposiled with public Ruth Billion, as Required by law 23B -26 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DONNAMARIE A KI &SANE Hartford, Connacdoul 06103 Notary Pubtie, State of New York FINANCIAL STATEMENT AS OF DECEMBER 31, 2015 No. 01K16297783 Qualified In AS FILED WITH THE INSURANCE DEPT. OF nili ssA E OF NEW YORK CommlSBtltln EstpErea March 3, 2099 Tres M rch 3, 2 CAPITAL STOCK $ 6,450,000 ASSETS _- ....._ LIABILITIES 8 SURPLUS _......w..... CASH AND INVESTED CASH S .54,880,881 UNEARNED PREMIUMS 4 052,633,454 BOND@ 3,500,572,595 LOSSES 734,725,171 STOCKa 245,581,191 L00SADNJSTMENTOPENSES 270,400,[00 INVESTMENT INCOME DUE! AND ACCRUED 43,505,720 COMMISSIONS 36194B,81A OTHER INVESTED ASSETS 3,850,575 TAXES. LICENSES AND FEES 11,051,717 PREMIUM BALANCES 200,490,013 OTHER EXPENSES 35,486,897 NET DEFERREO TAX ASSET 03,751,105 CURRENT FEDERAL AND FOREIGN INCOME TAXES 16,158,520 REINSURANCE RECOVERABLE 22,53205 RRMdTTANCES AND ITPMB NOT ALLOCATED 4,201 OECURBIYES LENDING RE INVESTED COLLATERAL ASSETS 11, 772,178 AMOUNTSVVIUMBLOI RETAINED BY COMPANY FOR OTHERS 33,044,553 RECEIVABLES FROM PARENT, SUSIRCIARIBS AND AFF9,IATES 29,659,482 RETROACTIVE REINSURANCE RESERVE ASSUMED 890,144 OTHERASSETS 5,605,597 POLICYHOLDER DIVIDENDS 8,01501181 PROVISION FOR REINSURANCE 3,834,804 ADVANCE PREMIUM 1,572,035 PAYABLE FOR SECURITIES 11.11 ,000 . PAYABLE FOR SECURITIES LENDING 51,772,170 CEDED REOJSURANCA NET PREMIUMS PAYABLE 25,0.78,325 ' ESCHEAT UA3IU` Y 084,427 OTHER ACCRUED EXPENSES AND LIABILITIES 1� TOTAL LIABILITIES 81.1 CAPITAL STOCK S 6,480,009 PAID IN SURPLUS 403.507,700 OUIER SURPLUS 1 600 312 0x5 TOTAL SURPLUS TO POLICYHOLDERS SS 2d4978 TOTAL ASSETS 5 4184aN,709 TOTALLiABILITIESaSURPLUS S_d,-f 760_ Sembilan carried at $7,605,638 In the above stalament are doposiled with public Ruth Billion, as Required by law 23B -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) LIST OF SUB- CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: '1z% of the bid or $10,000, whichever is greater • ;Buildings, parks, or other projects: '' /2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name 31-ZAIrll& J 12c Cie -,C. Name License # /Exp. (p /u/57C 3i ) 7 License # /Exp. DIR Reg. # /Exp. 0�0 0 i� 3 i7 DIR Reg. # /Exp. Location / 14t, G, c", , 6/ Location Phone -71q- '7- >:"e Phone Type Of Work > Type Of Work Amount $ 7zJ Amount $ Name C> x die. Name License # /Exp. License # /Exp. DIR Reg. #ll xp. 3 s� /, DIR Reg # /Exp. License # '3 License Location 02--t F,f l (,'p Location Phone % rPhone Type Of Work 'rz_la ,c� Type Of Work Amount $ :37-5 O Amount $ Name i XCr_l fo J Name License # /Ex r P• �� z�'%!ra �/ /� License #lExp. DIR Reg. # /F.xp. /L>oarx> DIR Reg. NExp. License # (C>E?a .S � License # Location ( „ cti . L Location Phone 562. - _ - s P,., // Phone Type Of Work d, Type Of Work Amount S? ,'7ti Amount S Signature of{c der Wiliam B. Davenport, Exec. VP, CPO, Trees. P -9 of P -17 23B -27 CITE' OIL SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCIIOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) REFERENCES The following are the names, addresses, and telephone nurnbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 11 a " *Please See Attached Name and Address of Owner. Name and Telephone Number of person familiar with project, Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Alliant Insurance Services, Inc. 333 Earle Ovington Blvd., Ste. 700 Uniondale, NY 11553 -3610 Rita Sagistano 516- 414 -8900 P -10 of P -17 23B -28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. 2. 3. "Please See Attached Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project, Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. 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CA 92626 TEL NN^ b1 lEl let E1 tl40,CAF0024 - 264A22 FAX NtlY I- EMNL'.NdoM100,nv4NboL.m 910009 i SPRING STREET COMMUNICATION N, Sh.difi l j ,. TM C4.944A, 0,q.NN6 N4 LEi EpMp binrnl OW F.k CA P,oJ+n Nn 17JI001p1 L4np NOM, 0920001 bet 1144CA 90620 TEl NON TEN' 719.691.1121 23B -46 MAPS � - 2012.13 INOMOCT JOB GO01 •TRANSPORTATION I'A SNOINW, 1': MIA E'r. NYA 011000 If LAREWOO) kLVD. INVE9TMATIMWORN I JAOWI i. 9�. OIIYofLnVh1h,T1Fh Bw,JAPl 4m f''POa ga•TG1900043/ I - L+Ntlklw 441 W Oc m aw, I$h r1w 44449100, CA 00802 �,'LwN OOach. CA4W02 I_ TEL: NY TOL'. 2624704774 .FAX. im. :; FM: NONE N2012 I AAN4PAVw, NDWNA,$.Mmp. 4MEVAW A AUM 01.E RShmapnoP I' I. Ong NmW ! I_G."A. 6 A40 31, 1:.2096mwal, 011061 L. LOUD NFACN 41APONT INVE6WGA7ivE i 0 ftkNl I I kvnel Pawq j 6Wkon4 +q Na 024J i Lakonw! # DMA MW Dr PA. WA IS446 1 Jab NO 0019 LOAD ED.* CA 50008 i Lmg00pkh, CA 4080E I. I ' 1SL� Nen6 TF1' U25DAM41 f FM: Nano FAX MADPI.7405 010041 4 swb;AWAmE AIRPORT CARER CATS IMPAPV9MENTi O. 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TM C4.944A, 0,q.NN6 N4 LEi EpMp binrnl OW F.k CA P,oJ+n Nn 17JI001p1 L4np NOM, 0920001 bet 1144CA 90620 TEl NON TEN' 719.691.1121 23B -46 23B -46 ' i. PANT Non, FAN. 14.67L1AM 9f7P10 747, OLYNMC EIVp. 8FD Dpn4n1 W, 8 LWoln MNOONI.F 1. m"W, 001NNN BtA. 11806 Ak -tµ1,1 W., OUR. 006 Lob AveNn, OA 41pp10 herNOY. CA 01144 1- YEL`NOn, t TEL'PTF414 -0410 r. FAN: Non, 1.� FAN: O7&600. A, 71W1 ;' R1E 104 CONO4ACOT APPROACH NLAPI A REPLACE Olp NNlklnn f 1 PO"A cbool PYk01r ^vd N,. 11A.b I of 104 A RYf 170 v. bw. �. UH PNNNN A„ laY AnOdM. CA 0100: �', Fanl CA BTAR6 is j �I.7EL: xmN j: Tatiat'sn'b6,o 117600 I WARNP71 MADE CROSSWALK AT 1 1., NATO AND A O. Hapm, EE '.BMNIP.FM,a ��w0.4 y. I j''W O61. Av, ADoW 1A vane Mimi + +: NNWNALL RNOCNOOWN i i'. 9. Dam W 8FD W, 8 23B -47 6 nr11Y1Da1fla Dynalecirk 4482 a al1w, C 60120.251 4t a EIr9Cr7li Canpxny Las A4renila8, CA AD720.2539 Pbm : 714 82A.700 Fm 714AM.2385 Bidder's Experience and Qualifications No. I Project Name/Number. Cerritos Ave. Widening Project #81 Project Description: Signal modlFrcation end street lighting Approx. Construction Date: Prom: 2/Zg14 To: 412014 Agency Name:---Qfty of Cy re 2 _ Contact Person: Warren Williarrl> Telephone:W(961) 377.8781 Original Contract Amount:.__,,$9 6,94 _ Final Contract Amount:, _ $4fl Qgg._ If Final Amount is different from original, please explain (change orders, extra work, etc): ra ®ntAral Contra�tnr wrldt3d gfgns to jh�' fif"CI{]� ._.�..,.,. ,_____ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims: _Na_ &"2 Project Name/Number: Soto + AIM ar Project Description: ra iG 9iant39 mndt rq�n Approx, Construction Date: From: 12013 To: �( Agency Name: City,of Los Angeles 1 USG _ Contact Person: Mar Telephone: (323) 442.3721 •,_ _ Original Contract Amount: $69,970 Final Contract Amount: --WAW 1 mvrcdYna•ie.uwm r If Final Amount is different from original, please explain (change orders, extra work, etc.): Change order for purchasing signal gear, controller and poles (not part of original scope) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims: No NO.3 Project Name/Number: Highway Safety Improvement Program Project Description: 4 new signals and 1 left tum Approx. Construction Date: Prom: ,••_, 512,()9-3_____•__,_ To: „•,_3/2014 Agency Name: City of Los Angeles Contact Person: Mat UJag Telephone: (213)305-1312 Original Contract Amount 145 Final Contract Amount:_;$g96 535 If Final Amount is different from original, please explain (change orders, extra work, etc.): - -claan9e- orders tai over• unit- pnicre lfs�trra4i �+aried irorra oe6gigal quan#ities Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yea, briefly explain and indicate outcome of claims: a. 4 Project Name/Number: 2012 »2013 Traffic Signal Rehabilitation 5223_ Project Description: Roadwork and signal modification Approx. Construction Date: From: _ 2/201 _ To: ] Agency Name: _Qty (tf j9 beach Contact Person:- iko qf Clair Telephone: (949) 283 -7466 Original Contract Amount: $206 587 Final Contract Amount:-J-197,647 If Final Amount is different from original, please explain (change orders, extra work, etc.): Did you file any claims against the Agency? Did the Agency rile any claims against you /Contractor? If yes, briefly explain and indicate outcome ofolaims: _ No 23B -49 PLO. —S Project Name/Numhcr;, Wilmington ATSAC (WU�F E19074001 _ Project Description: Signals, street lights, fiber _ Approx. Construction Date: From: 0(2011 _._..._ To: �12/201 9 Agency Nam=: City of Los Angeles Contact Person:_ Moises DaIG&,io Telephone:—J_0 -4L&I_ 9 — (Original Contract Amount: 7 543 056 Final Contract Amount -, -49 ,l_ , If Final Amount is different from original, please explain (change orders, extra work, etc.): Change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims; No _ Project NameAumter; MTAUgjyo �1Pedettjanli[idge _ Project Description:_ Lighting __ _ Approx. Construction Date: From: 412014 _ To: 112016 Agency Name:__Cariffoth CKSmt)at1Y c/o Los Angeles Metropo_l tart Transit Authority Contact Person: Gantt Telephone: O1 -OOPi2 Original Contract Amount;__J824.50Q _ Final Contract Amount: I Inkowni...on, going If Final Amount is different from original, please explain (change orders, extra work, etc.): Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims: No T 23B -50 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL F..NIIACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 11.2 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavi is part of the Proposal. BIDDERS are cautioned that making a false tification may subject the certifier to criminal Prosecution, Signed State of California William W- DavenportPexec, VP, CFO, Trees. County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me * *Please See Attached Jurat Notary Public Signature Notary Public Sea] P -12 of P-17 23B -51 CALIFORNIA JURAT WITN AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1 -6 below) ❑ See Statement Below (Lines 1 -6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange KRISTEN RENEE, CZUPRYN 111 ' Commission # 1996022 1� Notary Public - California . Orange Courdv Ny Comm Fymr , s t` Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this _ 7th day of October _, 20_.1.6.'.._.., by Date Month Year (1)_Willi�mF3_l7ayenpprt____ -- - —.- (and Names) of Signers) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. � Signature Notac ._._..._.._ �7f�7.717 Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non - Collusion Affidavit_ Document Date: ._- _.10 -7 -16 Number of Pages: _ 1...._. Signer(s) Other Than Named Above: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5910 23B -52 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) NON- DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1.965, and of the rules, regulations, and relevant orders of the Secretary of Labor, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P -17 23B -53 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONfE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violatinvXhis Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: William B. D enport, E . P, CFO, Treas. Firm: KDC Inc., dba Dynalectric Date: P -14 of P-17 23B -54 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(1.63) STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is 'familiar with the requirements of Section 1777,5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the ;joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the ftmd or funds in each craft or Made in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except c ractors not signatory to the trust agreement shall pay a like amount to the California At entieeshi Council. Signed: Title: William B. Davenpo xec. , CFO, Treas. Firm: KDC Inc.,,,dllba Dynalectric Date: V °' P -15 of P -17 23B -55 CITY OF SANTA ANA PROPOSAL PROJECT NO.: I6 -6873 SAFE ROUTES TO SCHOOL ENI-IACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063(163) STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CPR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair lic work, to give up any part of the compensation to which lie /she is otherwise entitled. Signed: Title: William B. Di0enport, Exec, VP, CFO, Trees. Firm: KDC Inc.,,dba�Dynalectric , -` Date: ®0 ! ° ) �9 P -16 of P -17 23B -56 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: ATPL- 5063 (163) PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space P -17 of P -17 23B -57 MAYOR Miguel A. Pulido MAYOR PRO "rEM Vicente sarmiento COUNCILMEMBERS Angelica Amezcua P. David Bpnavides Michele Martinez Roman Reyna Sal Tinajero September 29, 2016 ADDENDUM No. ONE CITY OF SANTA ANA 20 Civic Center Plaza M -36 o P,O. Box 1988 M -36 Santa Ana, California 92702 (714) 647 -5013 iA santa -ana on) CIl "Y MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Monte Vista Elementary The following clarification is noted: This project was originally advertised on August 26, 2016. Bids were due on September 26, 2016. Just prior to the bid opening it was determined that the plans may not been available long enough to allow for adequate review. Consequently bids were not opened and the project was re- advertised. On the City web site for the Current Notices Inviting Bids for this project: Page v Notice Inviting Bids: Replace with the attached page v Notice Inviting Bids. (Project number was revised.) The due date on the City website was corrected to show the due date of 10/10/16, not 10116/16. The following changes have been made to Specifications for the subject project: Specifications ® Page v Notice Inviting Bids: Replace with the attached page v Notice Inviting Bids. (Project number was revised.) All other terms and conditions remain the same. CITY OF SANTA ANA Edwin "William" a7ve! .E. City Engineer SANTA ANA CRY GMINC]It, hr,d A. fl lhdo 0. ,,m Bernaamo M, helo Ma to ,z 1 A,904,a Anvm,a i P Demtl esnao¢ixs Romm� Reyna Sal 1'innjern MIYn Ma,r Pro Taro Vvud l W.W2 WaN3 WnUI Wprtl5 War06 fApvklnvn a 11 SIi AIQ VSwU019C0ana,11a111q tiKISOLI ez; Tall? ".ni n.orA ANiWg �Syrq`ini.Qy eee�m 1e5t�srntn nm.wS 1 1 fiRCVnahlsa iln: any Ilryfl oLsonl i,; an:�gr9 23B -58 CITY OF SANTA ANA ADVEWFISEMENT PROJECT NO.: 16-6873 SAFE ROUTES TO SCHOOL ENHACEMENTS FOR MONTE VISTA ELEMENTARY STATE PROJECT NO: A:I'PL- 5063(163) CD Request for <project no.> <project name> DO NOT CALL PURCHASING DIVISION REGARDING PUBLIC WORKS AGENCY PROJEcTs. CALIFORNIA LABOR CODE: This project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771,4.a.1, BIDDERS are required to inform themselves fully of the conditions relating to construction and labor tinder which the work will be performed. Any contract entered into pursuant to this notice will incorporate the provisions of the California State Labor Code, In accordance with the California State Labor Code, prevailing wage rates apply, Copies of the prevailing rate of per them wages are on file with the Public Works Agency and shall be made available to any interested party on request. A Contractor and any subcontractor must be registered with the Department of Industrial Relations prior to submitting a bid. "A contractor and any subcontractor shall not be qualdfied to bid on, be listed in a bid proposal, subject to the reqUirements of Section 4104 qj'the California Public Contract Code, or engage in the performance qJ'any contract for public ivork as defined in this chapter, unless currently registered and quahifted to perform public workjoursuant to Section 1725.5. It is not a violation of'this section for an unregistered contractor to submit a bid that is authorized by Section 7029,1 of the California business and Professions Code or by Section 10164 or 20103.5 of the California Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Information about registration can be found on the Department of Industrial Relations website at litti)://www.cl i __gcE/ rxa. -aiiblic-_ works/publieworks.lunil A bid will not be considered nor any contract or subcontract entered into without proof of the contracq4F4d subcn mtractor's current registration to perform public work. By: Director, Public Works Agency 23B-59 Date: <1 30 1 � ►ynalectric An EMCOR Company ! Corporate Center Drive Elamitos, CA 967202539 Dynalectrlc An EMCOR Company 4462 Corporate Center Drive Las Alamitos, CA 90720 -2539 "SEALED BID" FOR SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR MONTE VISTA ELEMENTARY (PROJECT NO. 16 -6873) CITY OF SANTA ANA PUBLIC WORKS RECEPTIONIST, 3'ri' FLOOR 20 CIVIC CENTER PLAZA, M�22 SANTA ANA, CA 92701 23B -60 ryCi.r i;T ]Y�r., Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT N0, 16 -6873 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR MONTE VISTA ELEMENTARY This CONSTRUCTION CONTRACT is made and entered into this 18 "' day of October, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and KDC INC. DBA DYNALECTRIC , hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Safe Routes to School Enhancements for Monte Vista Elementary Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of hnprovement the sum total amount not to exceed $332.234 — Three Hundred Thirty- two Thousand Two Hundred Thirty -four Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 23B -61 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6873 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR MONTE VISTA ELEMENTARY The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H Page 2 of 3 23B -62 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-6873 SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR MONTE VISTA ELEMENTARY IN WITNESS WHEREOF, the pal-ties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY GU4 JOV Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: m Page 3 of 3 23B-63 23B -64 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -6873: SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR MONTE VISTA ELEMENTARY Construction Contract $ 332,234.00 Contract Administration $ 21,200.00 Inspection and Testing $ 25,000.00 Contingencies $ 33,224.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 411,658.00 Iw,4:11 -3ki1 23B -65 23B -66 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AWARD CONTRACT TO EBS GENERAL ENGINEERING, INC. FOR CONSTRUCTION OF GRANT - FUNDED MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II (PROJECT: 166854) {STRATEGIC PLAN NOS. 6, 1B & 1G) CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_, CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $552,950, for the term beginning upon execution of the contract and ending upon project completion, for the Maple Bicycle Trail Safety Enhancements Phase II project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $691,187, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $55,295. DISCUSSION The existing Maple Bike Trail stretches 2.25 miles from Central Avenue to Chestnut Avenue (Exhibit 1). This bike trail serves hundreds of cyclists and pedestrians every day. In addition, this trail is heavily used by students walking or biking to school. The improvements consist of constructing bulb -outs and ADA- compliant wheelchair ramps, and installing signage. Once completed, the shortened distance that pedestrians and cyclists cross at roadway intersections will improve safety. A Notice Inviting Bids was advertised on July 28, 2016, and August 4, 2016; the bids were opened on September 21, 2016. The following is a summary of the bid invitations made and the bids received: 23C -1 Award Construction Contract for Maple Bike Trail Safety Enhancements Phase II October 18, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 4 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 EBS General Engineering, Inc. Corona $552,950 2 Patriot Contracting & Engineering Yorba Linda $713,500 3 Excel Paving Co. Long Beach $744,422 4 Leonida Builders, Inc. Glendora $1,008,200 5 FutureDB International, Inc. Irvine $1,520,768 A total of five bids were received and all were deemed responsive. EBS General Engineering, Inc. submitted the lowest responsive bid in the amount of $552,950 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to EBS General Engineering, Inc. 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -117 was filed for this project. 23C -2 Award Construction Contract for Maple Bike Trail Safety Enhancements Phase II October 18, 2016 Page 3 FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $691,187, which includes construction, contract administration, inspection, testing, and contingencies. Funding is available in the Active Transportation Program Fund (Account No. 14817613- 66220, Project 166854) for expenditure in Fiscal Year 2016 -17 IVA A �® red Mous ip-odr Executive Director Public Works Agency FM /EWG/TC /MO EXHIBITS: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: i Francisco Gutierrez Executive Director Finance & Management Services Agency 23C -3 23C -4 ANMwAi9P FL CENTRAL AV Oii0•ii J SANTA ANA CITY COUNCIL ,^ AGENDA DATE: /� �-' �1�1� OCT. 18. 2016 MUM w I asiCP" I ORMR or WAKEHAM AV W819M R EENLYR NgNANDY R wmOOD PL x.7.17 EXHIBIT 1 CHOWW AV PROJECT NO. 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS FROM CENTRAL TO CHESTNUT 23C -5 PAGE 1 OF 1 23C -6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 16 -6854 MAPLE BII {E TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (i£ any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 700 CY $ $I Voa)— D� ! 2 Concrete Removal* 20 CY�.M. $5 00 3 AC Pavement* 100 TN- wo 4 PCC Sidewalk (4")* 10,000 SF $ $ .,��^^ ,� c) J a)V .r u$ 5 PCC Driveway Approach (Commercial = 8 ")* 500 SF $ J 6 PCC Curb Ratnp* 7,200 SF $ $ &Oo — 7 Furnish and Install Truncated Domes 38 EA —T q $ 8 PCC Curb and Gutter (Type A -2 -6)* m 200 LF $�"ll y s $(� t / ..../ 9 PCC Curb 6" x 12" (Type A -6)* 1,200 LF $ � 10 PCC Curb and Gutter (Type B -1)* 1,20o LF $ -r �' $ ryry - CFS cam.-% -°'- 11 PCC Cross-Gutter (Local Street)* 500 SF $ $ " 000— 12 Root Shave* 2 EA $ $ D Adjust Water Valve Prame and Cover* 2 EA $ $ D yy P -1 of P-17 23C -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS .PHASE II ATPL - 5063(164) — STATE FUNDED Item Description Qty Unit Unit Price Amount 14 Abandon Gate Valve* 1 EA $ $ 15 Furnish and Install New Water Valve Prame L EA and Cover* (}° _ 25o 16 Adjust Survey Monument to Finished Grade* 2 EA $ $ 17 Furnish and Install Collapsible Bollard* 24 EA $/ $ 00 OQ 18 Furnish and lustall Sidewalk Culvert' 2 EA $ $ ,7 V A 19 Remove Fire Hydrant and Assembly* 2 EA $ $ 20 Furnish and Install Nev Fire Hydrant* 2 EA $ $ 21 Crosswalk Drainage System 1 LS $ $ 22 RelocateBollard/Post* 10 EA $ $ �7l) 0O Co- 2T Furnish and Install 8 "PVC Water Main System 50 LF $ 3vo — /5 Da) 24 Signing and Sniping 1 LS $ $ TOTAL BASE BID $ roc 95L J o The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25W limit as stated in Section 3 -2 of the Standard. Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. P -2 ofP -17 23C -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BII {E TRAIL SAFETY ENHANCEMENTS PHASE II ATPL- 5063(164) — STATE FUNDED TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -3 ofP -17 23C -9 California All - Purpose Acknowledgement State of California } County of Orate On ri'2 -0 ((0 before me, William E. El].as, Jr. a Notary Public Personally Joseph A. Nanci, ,,, ,,, , WILLIAM E. ELLIS JR, Commeslon ,7 2127998 z : u Notary Public - Calitornla n Orange County M r�mmm. Aires Oct 23, 2019' Notary Public Seal Description of Attached Document Title or Type of Document: Document Signers) Other than Named Above: CapacitAles) Claimed by Signer(N) 0 Individual 0 Corporate Officer: 0 Partner - 0 Limited 0 General Cl Attorney -in -Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: - --- -231 who proved to me on the basis of satisfactory evidence to be the personN) whose aameXis /are subscribed to the within instrument and acknowledged to me that he/ 6beAhoy executed the same in hisHrcrAcir authorized capacity(io ), and that by hisAlmA teir signatureK on the instrument the person(„ or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature of Pages: OPTIONAL Q Individual I] Corporate Officer: 0 Partner - 0 Limited 0 General ❑ Attorney -in -Fact 0 Trustee O Guardian or Conservator 0 Other: Signer is Representing: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Dociunents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7025.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER Title Joseph A. Nanci, President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -4 of P -17 23C -11 California All- Purpose Admowledgement State of California } County of pxange On L -2-0, C tY ---- -_ — beforeme, William E. E17.9,s: Jr Personally appeared_ Joseph A. Nanci a Notary Public Q WILLIAM E. ELLIS A Commisslan # 2121998 [ Z Notary Public • California z z Orange County M Camm. L� Ire��23, 2019 who proved to nee on the basis of satisfactory evidence to be the person) whose nameXis /are'subscribed to the within instrument and acknowledged to me that he/ shaAh&Y executed the same in hisfhcrftheir. authorized capacity(Tms), and that by hislhOr/their signature(`s), on the instrument the persona) or the entity upon behalf Of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Seal Notary Public Signature Description of Attached Document Title or Type of Document: Document Siguer(s) Other than Named Above: Capacity(ies) Clairued by Signer(s) 0 Iudividual ❑ Corporate Officer: ❑ Partner - C] Limited Cl General 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conservator C) Other; Signer is Representing: of Pages: OPTIONAL U Individual 0 Corporate Officer: _ CT Partner - C] Limited O General U Attorney -in -Fact U Trustee C7 Guardian or Conservator Q Other: Signer is Representing: O. CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL- 5063(164) — STATE FUNDED CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E -Mail Address: bids @ebsgeneral,com Telephone: 951 - 279 -6869 State Contractor's License No. and Class: 720016 A License Expiration Date: 3/31/18 State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: ,, 0 3/31/18 Signed: Title: Joseph A. Nanci, President P -5 of P -17 23C -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS PHASE II AI'PL- 5063(164) — STATE FUNDED PREVAILING _WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm EBS General Engineering Inc Signature of BIDDER Title Joseph A. Nanci, President (if an individual, so state) P -6 of P -17 23C -14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE 11 ATPL - 5063(164) — STATE FUNDED f fA10% 21 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA A ) being duly sworn, deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSHT That be /she is a member of the co- partnership firm designated as: and who has been and is duly vested with die authority to make and execute instruments for the co•pnrmership by: who constitute the other members of the ca partnership, CORPORATION That he is of. EBS General Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE, That he is of: one of the parties making the foregoing proposal as ajoint venture, and the he /she has been and is duly vested with the authority to execute instruments fur an on behalf of the parties making said bid who are; that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person, Signature of Bidder Joseph A. Nanci, President Subscribed and sworn to before me thi day of 20 1( (&� Ehu t T- 4 Vt 1 _ Signature of officer Administering dad (Notary Public) WILLIAM E. ELLIS JR. Commission # 2127998 z $ Notary Public • California v Orange County =, Ex I�res0�2s3 2019♦ P -7 of P-17 23C -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENT'S PHASE Il ATPL- 5063(164) — STATE FUNDED BID BOND BOND #3 —B PREMIUM: NIL KNOW ALL PRESENT that, EBS GENERAL ENGINEERING, INC. __ ,as BIDDER, and SURETEC INSURANCE COMPANY ,as SURETY, are held and Firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 107 ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in fill force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15TH _ day of SEPTEMBER —1201.6. 1 �p BIDDER* EBS GENERAL ENGINEERING, INC. BY: 1320 E. SIXTH STREET, SUITE 100Stli P�an� , bras A'errl' CORONA CA 92879 (951) 279 -6869 SURETY* SURETEC INSURANCE COMPANY 3033 5TH AVENUE, SUITE 300 SP/ CER FLAKE, ATTORNEY —IN —FACT SAN DIEGO, CA 92103 (619) 400 -4100 Subscribed and sworn to before me this day of ,20—, Signature.: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. AUTHORIZED REPRESENTATIVE: CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON ROAD, SUITE 201 ANAHEIM, CA 92807 (714) 921 -0530 SPENCER FLAKE, VICE PRESIDENT P -8 of P -1.7 23C -16 CALIFORNIA JURAT WITH AFFIANT STATEMENT [X See Attached Document (Notary to cross out lines 1-6 below) O See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signet re of Decumenl Signer No. 1 State of California County of _ ORANGE L EXIE SHERWOOD COMM. ik 2031782 S NOTANY PU6LIC ®CALIFORNIA SO `txa t ORANGE cauNTv { Comm. Exp. JULY 27, 2017 �i° v' vvv =vwv'v-vv^rv-r'v"v-v^v�,^v-v^r Place Notary Seal Above Signature of Document Signor No. 2 (N my) Subscribed and sworn to (or affirmed) before me on this 15Th day of SEPTEMBER , 20 16 by Date Month Year (1) SPENCER FLAKE Noma of Signor proved to me on the basis of satisfactory evidence to be the person who appeared before me () (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person wh appeared b fore me.) Signature — —�� is - -- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevont fraudulent removal and reattachment of this form to another document. — -- Further Description of Any Attached Document Title or Type of Document Date: Signers) Other Than Named Above: Number of Pages: nIGHTTHUMSPRINT RGO wTMT OFSIGNER NL t✓ 12007 National Notary Aesocinflaul 9360 Do Sato Ave., P.O. Goa 2402•Chatewoah, CA 91318 -2402• waeaNaliomll4olaryorg Item85010 Rearclor..Calmoll- Freet- 5009706027 23C -17 Pons: 510123 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Alen by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L, Culbertson, Spencer Flake its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, rocognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dcllars ($5,000,000,00) and to bind the Company thereby as frilly and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises, Said appointment shalll ceathme in force until --- 5(18/2017 _ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vigo- President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with frill power and authority to appoint any one or more suitable persons as Adomey(s) -in -Fact to represent and act for and an behalf of the Company subject to the following provisions: Attorney -ln -Fact may be given full power and authority for and in the uame of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizaaces, contracts, agreements or indemnity, and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and my such ustruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President md. sealed and effected bythe Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a rneeting held on 208 of April, 1999.) lit Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 eeh day of May AD. 2015 v u „ X „g. ..... ,q „C,,,, F m �a SURETEC 1NSGRANCOMPANY By: ' Jot 7 CEdent State of Texas ss: CounryofHarris On this 18th day of May A.D. 2015 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Trans, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his Dome thereto by like order. JAG QUEtYN MA011c JO Notary Public state of Taxes Nora My Comm. Exp.6118 Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. (liven under my band and the seal of said Company at Houston, Texas this 15TH daVtBeaty, of SEPTEMBER 2016 , A.D , 213re Assistant ” ecretary _ Any Instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0860 any business day between 8;00 am and 5:00 pm CST. 23C -18 California All- Purpose Acknowledgement State of California ) County of Orange On -9" Z •t re beforeme, William E. E11is Jr. a Notary Public personally Joseph A. Nanci WILLIAM E, ELLIS JR. commission # 2127999 " m Notary Public " California v z orange County Mir 0omm. Ex Ire; Oct 2a, 20199 Notary Public Seal Description of Attached Document Title or Type of Document: Who proved to me on the basis of satisfactory evidence to be the person6) whose nameXis /ar rsubscribed to the within instrument and acknowledged to me that Ire/ eheAhoy executed the same in hisfitcrftheie authorized capacity(ias,), and that by hislher/theif signature on the instrument the persoe or the entity upon behalf Of which the persoe acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature Document Date: ,_ _— Numbor of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signers) Q Individual Q Corporate Officer: _ Q Partner - Q Limited Q General Q Attorney -in -Fact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing; 230-1 OPTIONAL Q Individual Q Corporate Officer: Q Partner - Q Limited Q General Q Attomey -in -Pact Q Trustee Q Guardian or Conservator Q Other: Signer is Representing:_ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE B ATPL - 5063(164) — STATE FUNDED LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: Y% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '' /2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR), BIDDER proposes to subcontract certain portions of the work to the firms listed below: Nance License DIR Red Locatior Phone Type Of Amount Name License #/Exp. DIR Reg. fi/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License # /Exp. DIR Reg. # /Exp. Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. # /Exp. License # _ Location _ Phone Type Of Work Amount $ _ Name License #/Exp. DIR Reg. # /Exp. License # _ Location _ Phone Type Of Work Amount $ _ P -9 of P -17 23C -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE H ATPL - 5063(164) — STATE FUNDED REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. See attached reference sheet Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount 2. Name and Address of owner. 93 Type of Work Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds, Culbertson Ins Services - 5500 E. Santa Ana Canyon Rd., Ste 201 Anaheim CA 92807 - Ph: 714 -921 -0530 Invensure Ins Brokers - 17991 Cowan Irvine CA 92614 (949) 756 -4100 P -10 of P -17 23C -21 3 YEAR REFERENCES — PUBLIC WORKS ct Name wements of Livingston Drive Project Address Owner Livingston Dr. between Termino Ave. & 2 00 St. City of Long Beach Contact Phone: Charles Ramey, Chief Inspector (562) 570 -6383 Price of Contract Tvpe of Work Dates $1,254,000.00 Street Improvement 8/2012 to 2/2013 2. Project Name 2014/2015 Citywide Curb, Gutter, Sidewalk, Driveway Repairs Project Address Owner Various Locations City of Riverside Principal Contact Phone Secondary Project Contact Danny Cwiak, Construction Project Manager (951) 377 -5514 Steve Howard Price of Contract Type of Work Dates $407,628 Curb +Gutter, Ramps 11/2014 to 2/2015 3. Project Sewer Replacement Project Project Address Owner Various Locations City of Fullerton Contact Phone Eric Villagracia, Public Works Dept. (714) 738 -6853 Price of Contract Tvpe of Work Dates $998,151.00 Sewer, Curb +Gutter 1/2012 to 2/2013 4. Pro ect Road Improvement Project Project Address Owner Agate St. and Avenue E City of Redondo Beach Contact Phone Jeff Townsend, Project Manager (310) 318 -0661 Price of Contract Type of Work Dates $14,950.00 Ramps, Curb +Gutter 2/2014 23C -22 3 YEAR REFERENCES — PUBLIC WORKS 5, ProfecY Sewer Manhole Surface Repair PH It Project Address Owner Fairview and Newport, City of Costa Mesa Costa Mesa Sanitary District Contact Phone Robin Hamers, District Engineer (949) 548 -1192 Price of Contract Type of Work Dates $47,420.00 Manhole Repairs 1/2016 6. Prafect Annual Concrete Repair FY 2014 -15 Project Address Owner Various Locations City of Rancho Santa Margarita Contact Phone E, Maximous, Public Works Director (949) 635 -1805 Price of Contract Type of Work Dates $53,550.00 Sidewalk 4/2015 to 5/2015 Z Project Grand Avenue Widening Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647 -5074 Price of Contract Type of Work Dates $172,000.00 Curb +Gutter, Bus Pad 11/2014 to 9/2015 23C -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. See P -10 Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See P -10 P -11 ofP -17 23C -24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6554 MAPLE BIDE TRAIL SAFETY ENHANCEMENTS PHASE It ATPL- 5063(164) —STATE FUNDED NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bird. Note: The above Non - collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. ? Signed Joseph A. Nanci, President State of California County of _, '6+t{ 1 Subscribed and sworn to (or affirmed) before me on this a - day of `' F, 20�, by , proved to me on the basis of satisfactory evi ence to be the person(s) who appeared before me Notary Public Signature v / Notary Public Seal Commission # 2127898 Notary Public - California Orange County P -1.2 of P -17 23C -25 CITY OF SANTA ANA PROPOSAL PROYECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows, 1, The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice it, conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order '11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -13 of P-17 23C -26 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: r-Z' Title: Joseph A. Nand, President Firm: EBS General Engineering, Inc. Date: 9/15/16 P -14 of P -17 23C -27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMFNTS PHASE II ATPL - 5063(164) — STATE FUNDED STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California A preaticeship Council. Signed: -' Title: Joseph A. Nanci, President Firm: EBS General Engineering, Inc. Date: P -15 of P -17 23C -28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL - 5063(164) — STATE FUNDED STATEMENT REGARDING "ANTI - KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. , n Signed: Title: Joseph A. Nanci, President Firm: EBS General Engineering, Inc. Date: P -16 of P -17 23C -29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II ATPL- 5063(164) — STATE FUNDED PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No at If the answer is yes, explain the circumstances in the following space. P -17 of P-17 23C -30 MAYOR Miguel A,- Pulida MAYOR PRO TEM Vicente Sarm ento COUNCILMEMBERS Angelica Arnazcus P. David:Benavldes Michele Malhinaz Raman Rayne Sal Tinajaro August 11, 2016 ADDENDUM No, ONE CITY OF SANTA ANA 20 CIvIC Canter Plaza + P,O. ECx 1988 M-36 Santa Ana, Callf0anla 92702 (714) 647 -6013 ynRVyanta- ans.am SUBJECT: PROJECT NO. 16-6854: Maple Bike Trait Safety Enhancements Phase If FATPL- 5063(164) — State Funded CITY MANADER David Cavazos CITY ATTORNEY Bona R, Carvalho CLERK OF THE COUNCIL Marla D. Hulzar The fallowing changes have been made to the Contract Documents and Specifications for the subject project: • The Notice Inviting Bids is replaced with the attached pages. All other terms and conditions remain the same. CITY OF SANTA ANA Acknowledged by: """"" "� EBS General Engineering, Inc. Edwin "William" Galvez, PE City Engineer SANTA ANA CITY COUNCIL. MI9"01A %Ilan Vlaunte'FWmeanlu Mlnhala Madman, Aga[los Amoetua ROnvld thmaWles Rofna6 ReYad $817mlaro -Mayor MWnr No Tom, W.MI Weed 2 Wmd3 Wmrd4 WON$ Wards IPAIAA9.�Hafd3.*14a,HA7 XBr�I&- -aP.&5LR almnrtinnx nLa'E4� i�.Cm7A�td�..�s"u'.9 �a�'- 9.",iWJR9tEE�N.iRIW tiWYUa( &lad4'i�.�1195�$i k1 nL a1S1E'TT'.`L"W1.4-aAd.9IR 23C -31 MAYOR Miguel A. POW MAYOR PRO TEM Vicente Sarmlento COUNCILMEMBER3 Angallca Amezaua P. David Benavidas Monde Martinez Roman Rayna Sal Tinajero September i, 20.16 ADDENDUM No. Two CITY OF SANTA ANA 20 Civic. Center Plaza + -P,O, Sox 1988 1+36 Santa Ana, California 92702 (714) 947 -8013 gm sania- ana.aro SUBJECT: PROJECT NO. 16.6554: Maple Bike Trail Safety Enhancements Phase II ATPL- 5063(164) — State Funded CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Calvalho CLERK OF THE COUNCIL Marie D. Hulzar The following changes have been made to the Contract Documents and Specifications for the subject project: • The bid opening bate has been changed as indicated in the Notice Inviting Bids attached, • The CDs will be ready for pick-up at 3:00 pm on Thursday, W6/16, • CDs will also be Fedexed on Thursday, 910x/16 to those contractors who previously requested CDs. All other terms and conditions remain the same. CITY OF SANTA ANA Acknowledged by: Zd EBS General Engineering, Inc. 0 1/ 't` Edwi Willia Ivez, PE Clty ngineer SANTA ANA CITY COUNCIL Miguel A. Mao viou,lx 3amlanlo MIC1101e molunex Anyxllen A,,.ZCll'J P. nUWtl fhv,entlav Hommn R9ynP Hal llnofow Wyw fiVlyw Prn T.Mtyam I Wmd2 Word Wara4 WnNG Wmd6 u11 9 �. nTr.u. tt(�yigete.n rn or 2nydy(I,HCd.CG�sa In -ai nor e r n 2�pjp f!!1@SIL9- dUena+fitleglgy'1la.nna ord rrnvnz(Gmu �[;�W(tpy�rd 3!Ip2Ld!'ASd]0911ty: @f34tAlA 23C -32 .g genw rin 1320 E. SIXTH, SUITE 100 • C090NA, CA 92879 -1700 T91: (951) 279.6869 • FAX: (951) 279.6832 City of Santa Ana e Public Works Agency 20 Civic Center Plaza, M -22 Third Floor Santa Ana CA 92701 t September 21, 2016; 2 pm SEALED BID FOR Maple Bike Trail Safety EnhancementE Phase II, project # 16 -6854 23C -33 23C -34 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II This CONSTRUCTION CONTRACT is made and entered into this 18th day of October, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and EBS General Engineering_, Inc. , hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Marle Bike Trail Safety Enhancements Phase II Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $552,950.00 — Five Hundred Fifty -two Thousand Nine Hundred Fifty Dollars and no cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 23C -35 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the arnount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (t 00 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price, 8, CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 23C -36 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6854 MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council SONIA R. CARVALHO City Attorney SYJ f� J Funk A sistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 23C -37 23C -38 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -6854: MAPLE BIKE TRAIL SAFETY ENHANCEMENTS PHASE II Construction Contract $ 552,950.00 Contract Administration $ 34,146.00 Inspection and Testing $ 48,796.00 Contingencies $ 55,295.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 691,187.00 EXHIBIT 4 23C -39 23C -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AWARD CONTRACT TO PERIMETER SECURITY GROUP LLC FOR THE SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS (PROJECT 164509) (STRATEGIC PLAN NO. 1, 5) CITY-MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FAM000715101 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to Perimeter Security Group LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $176,746.18, for the term beginning upon execution of the contract and ending upon project completion, for the Santa Ana Police Station South Entrance Security Improvements project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $220,934, which includes the construction contract, administration, inspection, and testing, and an authorized contingency of $17,675. DISCUSSION The Santa Ana Police Station's south ingress /egress gates located off 6th Street serve as the main point of vehicular entry into the facility (Exhibit 1). Proposed security upgrades to this point of entry are intended to enhance the overall safety and security of the facility. The project includes: installation of an electro- mechanical, crash -rated gate; a remote - operated drop beam barrier; flush- mounted spike units; a guardhouse structure; and upgrades to the two existing gate operators. Once completed, the security improvements will better protect employees, visitors, building functions, and services from potential threats, such as unauthorized vehicles. A Notice Inviting Bids was advertised on August 23 and 30, 2016, and bids were opened on September 13, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 0 Contractors requesting bidding documents 3 Bids received 1 Bids received from Santa Ana contractors 0 23D -1 Award Contract for Santa Ana Police Department South Entrance Security Improvements October 18, 2016 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Perimeter Security Group LLC Coeur d'Alene, ID $176,746.18 One bid was received and considered responsive. Perimeter Security Group LLC submitted their bid in the amount of $176,746.18 (Exhibit 2). Based on the bid analysis, engineer's estimate, and a contractor's reference check, staff recommends awarding the construction contract to Perimeter Security Group LLC, in the amount of $176,746.18 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -118 was filed for these projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $220,934, which includes construction, contract administration, inspection, testing, and contingencies. Funds are available in the US DOJ Asset Forfeiture Fund, Machinery & Equipment account (No. 16614450 - 66400) for expenditure in FY 2016 -17. APPROVED AS TO FUNDS & ACCOUNTS: �a ti 0 Fed Mousavipour Francisco Gutierrez Executive Director Executive Director Public Works Agency a / ��—.. Carlos Rojas Police Chief Santa Ana Police Department FM /EWG/TC /MO EXHIBITS: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis Finance & Management Services Agency 2301-2 LEGEND "WO y K Q m W 5TH ST PROJECT LOCATION SANTA ANA CITY COUNCIL PWA� OCTOBER 18,2016 � is w s .senor CIVIC CENTER DR m z O w x N W 6TH ST EXHIBIT 1 O m CONTRACT AWARD FOR SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS (PROJECT 16 -4509) 23D -3 all PAGE 1 OF 1 23D -4 Exhibit 2 CITE' OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURRITY IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM, Perimeter Security Group LLC REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract .Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or hung suln(s) set forth in the following schedule: Ptem Description Qty Unit Unit Price Amount 1 Crash Rated Drop Arm Beam Barrier System Model TT212E complete in place 1 LS $ 60,204.39 $60,204.39 _ 2 Digital Loop Detector 1 LS $2,189.69 $2,189.69 3 Flush Mounted Spike Unit 1 LS $ 9,968.75 $ 9,968.75 4 Install/Upgrade Slide Gate Operators, HySecurity Slide Driver 80 222 x1 ST (with UPS Back -Up) _ 2 EA $ 26,946.56 $ 53,893.12 5 Relocate Card Reader (including PCC curb and median island) 1 LS $11,709.15 $11,709.15 6 Traffic Signal Unit and Post I EA $ 9,13731 $3,13731 7 Steel Post Bollards 2 EA $1,398.40 $2,796.80 8 Pavement Striping per Plan 1 LS $1,970.40 $ 1,970.40 9 GU ardhouse "Allied Modular" and Concrete Pad Complete in Place LL 1 LS $30,876.57 $30,876.57 P -1 of P-18 23D -5 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS $* TOTAL BASE BID $ 176,746.18 * *Please see attached Scope of Work for Proposal Clarifications & Exclusions The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right: to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). TIME FOR COMPLETION OF IMPROVEMENTS AND LIQL IDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within thirty (30 ) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $250 per calendar day. Name of Firm Perimeter Security Group LLC Signature of BIDDER Title Managing Member (Ii an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P -2 of P -18 23D -6 Q �r Pniiiivizy:eR SFctTR,F;'ry Gxa.e_axyp I n. — fl ia. 4h rA.4h I. 1. Aim 110n Date: 9/8/16 Proposal:160908GG2 Project: SAPID South Gate Security Improvements Regards: TT212E and Accessories Installation Thank you for allowing Perlmeter Security Group the opportunity to work with you on securingyour facility's needs. The following serves as our proposal: SCOPE OF WORK: Furnish and install Delta Scientific TT212E beam harrier. Replace existing slide gate operators. Furnish and install new 5x7 guard booth and 12ft spike strip. The following are components of the proposal: VEHICLE BARRIER SYSTEM Furnish and install (1) Delta TT212E active beam barrier in the Ingress lane Furnish and Install (2) loop detectors In the Ingress lane for safety and automated closing Integration Furnish and install (1) 12ft section of Delta TC14 traffic splice units in the Egress lane Furnish and install (2) HySecurity Slide driver 80 operators with UPS in existing location Extend concrete island and relocate card reader /intercom approximately 5ftfrom its current location Furnish and install Red /Green traffic light adjacent to barrier buttress Furnish and Install (2) additional 6" pipe bollards in concrete island Apply" Wait Here" pavement markings with stop line at Ingress lane Furnish and Install Allied Modular SO Guard booth on new concrete pad Provide all commissioning and performance verification testing, for barrier system. PRICE: $176,746.18 PROJECT CLARIFICATIONS: PSG is a WOSBwith a Safety FMR of .64 Price reflective of all electrical supplied to point of connection by others Price reflective of all permit fees waived Price reflective of existing photo eyes and safety edges being UL325 compliant Price reflective of using exist communication to reader /intercom Price does not include relocation of any existing utilities Price is reflective of using Davis Bacon Wages Attached Standard Terms and Conditions apply Perimeter Security Group, we pride ourselves on value - engineered design to ensure meeting client's expectations and budget. We are flexible on our scope of work and willing to work with you on our price and scope to provide a service that works for your company. If you have any questions, please feel Free to call me. Garrett Gustason California Operations 213 -808 -9417 STANDARD TERMS AND CONDITIONS This quotation is based on equipment shown on the contract drawings and Specifications Perimeter Security Group Garrett Gustason, California Operations 0- 213 - 808 -9417 - Email: ggustason @perimetersecurilygroup.com 23D -7 t?r.Rimjz-rrP. Skscurzi°r,r C4'Roup This quotation does not include equipment that may be added by the authority having jurisdlctlon as a result of local code interpretation Perimeter Security Group Ilc. protect its lien rights on all work This quotation does not Include any Temp fencing, Caliche excavation, concrete or asphalt demolition, Surveying, Staking, Dewatering, Jack hammering for rocky soil conditions, Permits, Material Testing, Painting, Traffic Control, environmental impact fees, General Conditions (toilets, cleanup, telephone, fax, dumpster service, etc) This quotation does not Include payment or performance bond costs, union implementation and any applicable taxes or fees. Cost will be add to price if applicable. This quotation is firm for 90 days We must be notified in writing within five working days of damage to work of theirs by our forces Insurance premium is based upon standard coverage that includes additional insured endorsements. It does not include primary additional Insured endorsements Due to steel runs, LEED Data is not available until the material is purchased. Material cannot be purchased until submittals are approved. The inclusions, exclusions and conditions in this letter shall be made part of any subsequent contract. Perimeter Security Group Garrett Gustason, California Operations C- 213 -808 -9417 - Email: ggustason @perimetersecuritygroup.com 23D -8 CITY OIL SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Cleric of the Council with her signature and official seat noting hereon the action of approval of the Council, signed by the Public Works Agency .Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement lie /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to finish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The; BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code; the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm _ Perimeter Seomity Group LLC Signature of BIDDER � P Title Managing Member (If all individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- paibiers composing the firm, If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof,) P -3 of P-18 23D -9 CITY OIL SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Perimeter Security Group LLC Business Address: 7488 N Government Way Coeur d'Alene, Id 83815 Business E -Mail Address: brenda CDperimetenseaidry+yroup.com Telephone: 208 - 772 -1700 State Cont'ractor's License No.. and Class[ 1000553 A - General Engineering Contractor License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: Managing Member 1000024473 00/30/2017 P -4 of P -18 23D -10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rtes and the performance of other requirements on "public works" aid "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to (ally comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials; officers, employees and agents free slid harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that th foregoing is true and correct. Name of Firm PedmeteNecarity Group LLC Signature of BIDDER Title Managing Member (if an individual, so state) P -5 of P -18 23D -11 CITY OF SANTA. ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CAHFBRNM Idaho ) COUNTY OF GRANGF I {ootenai ) SS: CITY OF SA?FPA4,- ANACoear d'Alene) Brenda Blood , being duly sworn, deposes and says: iD INDIVIDUAL That lietshe is the Party making the foregoing woposal: ❑ PARTNERSHIP That he/she is a member of the co- parhiership firm designated as: and who has been and is duly vested with the authority to looks and execute inshvrnents for the co- parnrership by: constitute the other nienrbers of the co- parhuersldp. O CORPORATION That be is of: Perimeter Security Group LLC which is making the foregoing proposal: [D JOINT VENTURE That he is of one of the Parties making the foregoing proposal as a joint venture, and the be /she has been and is duly vested with the authority to execute instruments for an on behalf of the patties snaking said bid who are: that su It a bid is genuine and not collusive or sham, and has not in any manner sought by collusio to secure any advantage against the City of Santa Ana or any person interested in the In oposed ntract, for himself or any other person. /Managing Member Signature of Bidder Sl 'ibed and sworn to before me this gilt day of September 2016 // Signature of officer Administering Oath (Notary Public) N. P -6 of P- 18 23D -12 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS BID BOND KNOW ALL PRESENT that, Perimeter Security Group, UC as BIDDER, and North American Specialty Htsurauce Company as SURETY, are held and firmly bound onto the CITY OF SANTA ANA, as AGENCY, in the penal sttn� of Ten Percent of the Amount Bid Dollar's ( 10% ), which is ten percent (100 ) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF 'THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, it said bid is rejected, or If said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY, 1N WITNESS WHEREOF the parties hereto have set their narnes, titles, hands, and seal this 12th day of September 2016 BIDDER* Perimeter Security Group, LLC 7488 N, Government Way, Coeur d'Alene, ID 83815 (208) 772 -8547 SURETY* 1420 Fifth Avenue, Suite 2200, Seattle, WA 98101. (206)224 -3181 Subscribed and sworn to before me Kathy J. Gurley this 12th day of Septez 20 16. Signatur oGu i Notary Public in and for the County of Spokane State of Washington Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, ��414NIM111/�� J G U q se -VARY �, PUBLIC ; OZ F r ®It111/4A ®�` �2' I D -113 v NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OE ATTORNEY KNOW ALL bfF.N BY 'THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, acrd Washington International Insmrance Company, a corporation organized aid existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: H. ,KEITH MuNALLY, ,ERIN L• REPP, WM DINNEEN, CHRIS LAR.SON, DIANA R. WILLIAMS, KATHY GURLEY and VIRGINIA L. WEBER JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($70,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 911' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, andertatdngs and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, That the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Sea amm/ni pn�yyelALITY/ / / aa.umm�awm„q G p`_kr�LpP bkrF+Git By ��t3 •p1+POS.�p. Eg f)�ll. in' Sto,a P. Andmson,fionrm Vlse President or Wn®mrm'.nn lntemntl...I lnsmrnu.e Company $�' SEAL F'•,k �WhZ 1879 ,i ,@amdm Vien Presldnnt nrYSeth Amnrieen ap .Aidtylnsurnnno Company x� Ima .':� ye;e I �- ,ii zaa By Michael A. nn,Senior mo rem ens. ne, npmn ntarnn nnn nsuronre Mnipu, NlnnunOh`� & Senior Vice President.M,s bAnt @Inn. sp.cinay trill C.m oiq IN WITNESS WHEREON, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 18th day of August 2016 North American Specialty Insurance Company Wasld,ngton International Insurance Company State of Illinois County of Cook ss: On this HIT day of August , 2016 before me, allotary Public personally appeared Steven F Anderson , Senior V ice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michae] A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North Aracriean Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said Instrument to be the voluntary act and deed of t'helr respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS I,rc, ,c�r,ry, tvorwy vubnc MY COMMISSION EXPIRES 1P10312617 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said Nord] American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WFIEREOF, I have set my hand sad affixed the seals of the Companies this 1211, day of September , 20 16 . Iefoey G.idhorg, Vice President & Assistant awrutary or Washington inonmtional hasum ma C'umpany & owl Amed auu Apnolalty uournnue Company PROPOSAL PROTECT NO, 16-4509 SANTA ANA POLICE STATION SOUTI4 ENTRANCE SECURITY IMPROVEMENTS LIST OF SUB- CONTRACTORS Section 4100 et, seq. of the Public Contact Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Sheets, highways including bridge projects: h% of the bid or$10,000, whichever is greater • Buildings, parks, or other projects: '' /a% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Not Applicable at This Time License # /Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #NExp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount Name License #/Exp. DIR Reg. # /Exp. License # _ Location Phone Type Of Work Amount /Managing Member. Signature of Bidder Name License # /Exp, DIR Reg, #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License # /Exp. DIR Rag. #/Exp. License # Location Phone "Type Of Work Amount $ P -8 of P -18 23D -15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS The following are the names, addresses, and telephone slumbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 City c O docy PO Box 338 Quincy,.Wa 98848 —.. Name and Address of Owner. Ariel Belino 509 - 787 -3523 Nance and Telephone Number of person familiar with project, $115,50000 Fc.nei,ng/G_ates/Railing /Automated V_erfi__a_rd Pivot Cedes Current Contract Amount Type of Work Date Completed 2, United States of Anrecica (GSA) 77 Forsythe St Sw Stec,-40 Atlanta, Ga 30303 3. Nance and Address of owner, Lawrence Hales 404- 224 -2314 Name and Telephone Number of person familiar with project. $974,655.87 Wedge Barriers/Parking ArmsBollards /Guardbooth August 2016 Contract Amount Type of Work Date Completed Port or Seattle PO Box 1209 Seattle, W a 98111 Name and Address of owner. Raymond Rowe 206 - 787 -3000 Name and Telephone Number of person familiar with project. $829,895,00 Crash Gees/Banior Gates /Access Controls Contract Amount Type of Work January 2013 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Agent: BK -Jet PO Box 3585 Spokane, Wa 99220 Bill Dinneen 509- 319 -2906 Hiin Reuu 509- 319 -2903 _ Surety: North American Specialty lnsuranee Co 1420 F1'fth Avenue Ste 2200 Seattle, Wa 98101 206 -224 -3181 P -9 of P -18 23D -16 CITY OF SANTA ANA PROPOSAL PROJECT NO, 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. 1, City of Richland PO Box 190 Richland, Wa 99352 Name and Address of Owner. Julie West 509- 942 -7461 and Telephone Number of person familiar with project. $31,202.98 Contract Amount Fencing /Gates 11 /25/15 Type of Work Date Completed 2, Pierce County 615 S 9th St Ste 100 Tacoma, Wa 98405 Name and Address of owner. Pattv Wer 253- 798 -2114 $179,090.00 Contract Amount 1 Dept of Transportation - WA State Name and Address of owner. Type of Work PO Box 47354 Olympia, Wa 99352 Darrell McCallum 509 -324 -6000 Name and Telephone Number of person familiar with project, $736,433.00 Curved, Vertical, & Snow Railing for Bridge Contract Amount Type of W01'IC January 2015 Date Completed July 2014 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from wham .BIDDER intends to procure insurance and bonds. Agent: BK-Jet PO Box 3585 Spokane, Wa 99220 Bill Dinneen 509 -319 -2906 Erin Repp 509 -319 -2903 Suety: North American Specialty Insurance Co 1420 Fifth Avenue Ste 2200 Seattle, Wa 98101 206-224 -5181 P -10 of P.,18 23D -17 CITY OF SANTA APIA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the hid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or, the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collision Affidavit is part of the Proposal. Sighing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit, BII]DERS are cautioned that matting a false certification may subject the certifierto ( ni l prosecution. Signed State of etli€omia County of Kootenai Member Subscribed and sworn to (or affirmed) before me on this 91h day of September, 2016, by Brenda Blood/Managing Member , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signatre Notary Public Seal P -l.l ofP -18 23D -18 CITY OF SANTA APIA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for ernployment, notices to be ptuvided setting forth the provisions of this nondiscrimination clause, 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which be /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this ,section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall firmish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or ptiusnant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non- 0ornplianee with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and 811011 other sanctions may be imposed and remedies involved as provided in Executive Order 11.246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -12 of P -18 23D -19 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties unposed for a violation of the Ch Ater. Signed: Title: Mwmgmn, Member Firm: Perimeter Security Group LLC Date: P -13 ofP -18 23D -20 CITY OF SANTA AMA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working clays shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft of trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 1 Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the o \picontractrits, except contractors not signatory to the trust agreement shall pay a like arno nalifornia Apprenticeship Council. Signed Title: Managing Member Firm: Perimeter Security Group LLC Date: 9/9/16 P -14 of P-18 23D -21 CITY OF SANTA ARIA PROPOSAL PROTECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS STATEMENT REGARDING "ANTI- IIICIOACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CF-R, Part 3). This act provides that each contractor of subcontractor shall be prohibited from inducing, by any means, any person employed in the constkuctton or repair of public work, to give up any part of the compensation to which he /she is otberwise entitled. Signed: .J Title: Managing Member Firin; Perimeter Security Group LLC Date: 9/9/16 P -15 of P -18 23D -22 CITY OF SANTA ANA PROPOSAL PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 1985), the bidder Hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not x been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collision, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1, Note: The bidder most place a checkmark after 'has" or "has not" in one of the blank spaces provided The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement, Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. P -16 of P -18 23D -23 CITY OF SANTA AMA PROPOSAL PROJECT N0, 16 -4509 SANTA ANA POLICE STATION SOUTI -1 ENTRANCE SECURITY IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the- BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is ,yes, explain the circumstances in the following space. P -17 of P -18 23D -24 CITY OF SANTA ANA PROPOSAL, PROJECT N0. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding tlnoe, years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award, of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University, The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285, 1. Note: The bidder mast place a checkuuatk after "has" or "has not" in one of the blank spaces provided. The above Statement is Part of die Proposal. Signing this Proposal on the signature poison thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. P -18 ofP -18 23D -25 23D -26 c� »a ^M PROJECT NO. 16 -4509 SANTA ANA POLICE STATION U SOUTH ENTRANCE SECURITY =„ ri IMPROVEMENTS o "SEALED BID — DO NOT OPEN WITH l_n REGULAR MAIL" JOL1 rn N ly w W O 23D -26 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16.4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 18th day of October, 2016 , by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Perimeter Security Group LLC , hereinafter referred to as "CONTRACTOR', WIT'NESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Police Station South Entrance Security h=rovements Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Docrnnents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of confliot between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $176,746.18 — One Hundred Seventy -six Thousand Seven Hrindred Forty -Six Dollars and Eighteen Cents , as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 23D -27 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRAC'T'OR. agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A') including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred 'Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects Lip to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. &. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability hnsurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 23D -28 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -4509 SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 7 e Sandoval Chief Assistant C rty Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 2301-29 23D -30 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -4509: SANTA ANA POLICE STATION SOUTH ENTRANCE SECURITY IMPROVEMENTS Construction Contract $ 176,746.18 Contract Administration $ 10,773.00 Inspection and Testing $ 15,739.82 Contingencies $ 17,675.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 220,934.00 [:* :rr , 2301-31 23D -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE; AMENDMENT TO SUBRECIPIENT AGREEMENT WITH ILLUMINATION FOUNDATION FOR CIVIC CENTER HOUSING NAVIGATOR (STRATEGIC PLAN NO. 5,6) 1 � 0 ►S _: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _01re _k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the Emergency Solutions Grant Subrecipient Agreement with the Illumination Foundation to increase the agreement amount by $45,510.55 to fund the salary of a new Housing Navigator to assist Civic Center homeless individuals and families in a total amount not to exceed $150,510.55 for the period of October 19, 2016 through June 30, 2017, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On April 19, 2016, City Council authorized the City Manager and the Clerk of the Council to execute agreements with non - profit organizations as part of the 2016 -2017 Emergency Solutions Grant (ESG) Program allocation. The Illumination Foundation was awarded $105,000 in grant funds to provide housing assistance activities to serve Santa Ana residents experiencing homelessness. At the close of fiscal year 2015 -2016, unspent funds from ESG Program recipients totaling $45,510.55 were recaptured for redistribution. In an effort to provide housing for approximately 461 chronically homeless individuals residing in the Civic Center area, staff requested proposals from currently funded ESG street outreach and rapid re- housing programs working directly in the Civic Center. Two proposals were received. Following a review and evaluation of the two proposals, staff recommends reallocating these unspent funds to the Illumination Foundation as part of their Rapid Re- Housing program to hire a new full -time Housing Navigator. Even with the availability of rental assistance, finding a vacant unit from a willing landlord is very difficult for a person experiencing homelessness in the Civic Center. Housing Navigators are used as a best practice nationally to help homeless individuals find and locate vacant, qualified and eligible units in the private market. Many different communities are using Housing 25A -1 Emergency Solutions Grant Program Amendment October 18, 2016 Page 2 Navigators to help homeless populations find housing. These include programs in San Diego, Houston, and San Francisco, among several other cities. The Housing Navigator will be responsible to expand landlord /property manager participation in various rental assistance programs, thereby increasing the number of units available for placement of chronically homeless individuals from the Civic Center. The Housing Navigator will use the Landlord Toolkit provided by Community Solutions, among other tools and activities, to increase the number of rental units available for homeless individuals from the Civic Center to lease with various forms of rental assistance (Veterans Affairs Supportive Housing, Shelter Plus Care, Rapid Re- Housing, Housing Choice Vouchers and Continuum of Care Permanent Supportive Housing). The Housing Navigator will: encourage owners of vacant units to rent to a homeless individual with rental assistance; create, maintain and update community -wide marketing materials for landlords; and contact landlords to encourage them to make their turnover and vacant units available. The Housing Navigator will be hired by the Illumination Foundation, but will coordinate and obtain units for any homeless service provider or organization who is working in the Civic Center to provide housing for the homeless. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT The Emergency Solutions Grant funds will be carried forward from FY 2015 -2016 to FY 2016- 2017 in the amount of $45,510.55 in the Payment to Subagent (account no. 13518785 -69135 for) expenditure in FY 2016 -2017, APPROVED AS TO FUNDS AND ACCOUNTS: P � Robert C. Coe -- Francisco Gutierrez MbJ Deputy City Manager Executive Director City Manager's Office Finance & Management Services Agency RC/TE /JB /sb EXHIBIT: 1. Amendment to Subrecipient Agreement with Illumination Foundation 25A -2 FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ILLUMINATION FOUNDATION (24 CFR Parts 91 and 576) THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT AGREEMENT is entered into this 18a' day of October, 2016, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City ") and ILLUMINATION FOUNDATION, a California nonprofit organization ("Subrecipient"), RECITALS A. On July 22, 2016, the City entered into an Emergency Solutions Grant Subrecipient Agreement #A- 2016 -064 with Illumination Foundation to provide Emergency Funds from the United States Department of Housing and urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ( "said Agreement "). B. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30, 2017, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Paragraph 5, shall be amended to increase funding to Subrecipient by $45,510.55 as part of its Rapid Re- Housing program to hire a Housing Navigator for homeless individuals and families residing in the Santa Ana Civic Center, for a total sum not to exceed $150,510.55. 2. Section I, subsection A, shall be amended to add the specific tasks required of the new Housing Navigator position, as detailed in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference, 3, Section III, shall be amended to increase funding to Subrecipient by $45,510.55, for a total sum not to exceed $150,510.55. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. EXHIBIT 1 25A -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: ROBERT C. CORTEZ Deputy City Manager CITY OF SANTA ANA DAVID CAVAZOS City Manager SUBRECIPIENT: Name: Paul Cho Title: COO /CFO 'Tax ID# 71- 1047686 DUNS# 829919047 25A -4 EXHIBIT A SCOPE OF SERVICES 25A -5 Scope of Service Finding a vacant unit from a willing landlord is very difficult for a person experiencing homelessness. The funding provided in this amendment is specifically to hire a Housing Navigator for homeless individuals and families residing in the Santa Ana Civic Center. The Housing Navigator is a new position that will be responsible to: Expand landlord /property manager participation in various rental assistance programs (Veterans Affairs Supportive Housing, Shelter Plus Care, Rapid Re- Housing, Housing Choice Vouchers and Continuum of Care Permanent Supportive Housing), thereby increasing the number of units available for placement of chronically homeless individuals from the Civic Center, 2. Encourage owners of vacant units to rent to a homeless individual with rental assistance, 3. Creating, maintain and update community -wide marketing materials for landlords, 4. Contact landlords to encourage them to commit their turnover and vacant units for homeless referrals, 5. Serve the Illumination Foundation and any other homeless service provider working in the Civic Center to provide housing for the homeless. The Housing Navigator will utilize the Landlord Toolkit provided by Community Solutions, among other resources and activities, to increase the number of rental units available for homeless individuals from the Civic Center to lease with various forms of rental assistance. 25A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: AGREEMENTS FOR PROPERTY TAX & HOTEL VISITORS' TAX COMPLIANCE, AUDITING AND CONSULTING SERVICES (STRATEGIC PLAN NO. 4,2A) CITY 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 5I111114HD11NAf:Ta 7 1. Authorize the City Manager and Clerk of the Council to execute an agreement with HdL Coren & Cone ( "HdLCC ") for Secured and Unsecured Property Tax Revenue auditing services for an initial two -year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed $28,250 annually, with a provision for one one -year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $28,250 subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with HdL Software LLC ( "HdL ") for Hotel Visitors' Tax Revenue Auditing services for an initial two - year term beginning January 1, 2017 through December 31, 2018, for an amount not to exceed $73,500 annually, with a provision for one one -year extension exercisable by the City Manager and the City Attorney, in an amount not to exceed $73,500 subject to non - substantive changes approved by the City Manager and the City Attorney. On February 11, 2016 a Request for Proposals (RFP No. 16 -022) for Revenue Auditing, Recovery, Reporting, Analysis, and Legislative /State Agency Liaison and Implementation Monitoring services for Property Tax and Hotel Visitors' Tax was released. Specifically, RFP No. 16 -022 requested the following services to be provided: Medical Marijuana Auditing Services; Sales & Use Tax and Utility Users' Tax Compliance, Auditing and Consulting services; and Property Tax (secured and unsecured) and Hotel Visitors' Tax Compliance, Auditing and Consulting services. Accordingly, Staff developed a phased approach in selecting and presenting for City Council consideration the auditing services for the City's top General Fund revenue sources. The phased approach resulted in the following: 25B -1 Agreement with Hinderliter, de Llamas & Associates October 18, 2016 Page 2 Service to be Provided Vendor City Council Meeting Medical Marijuana Auditing Macias Gini & O'Connell, LLP September 20, 2016 Sales & Use Tax Auditing MuniServices, LLC October 4, 2016 Utility Users' Tax Auditing MuniServices, LLC October 4, 2016 Property Tax Auditing HdL Coren & Cone HdLCC October 18, 2016 Hotel Visitors' Tax Auditing HdL Software, LLC HdL October 18, 2016 On September 20, 2016, the City Council approved an agreement with Macias Gini & O'Connell, LLP (MGO's) to provide the City Medical Marijuana auditing services. Subsequently, on October 4, 2016, the City Council also approved an agreement with MuniServices, LLC's agreement to provide auditing services in connection with the Sales and Use Tax along with the Utility Users' Tax (UUT). Currently, Staff is presenting the third and final service for Council consideration the awarding of auditing services in connection with both the Property Tax (secured and unsecured) and Hotel Visitors' Tax ( "HVT "), which is a new service that will enhance the City's ability to forecast and ensure compliance with Property Tax and Hotel Visitors' Tax regulations. DISCUSSION The reports, analysis and information derived from the Property Tax and HVT auditing programs can be used for budget planning, revenue forecasting, trend analysis, economic development analysis, debt refinancing and other projects requiring Property Tax/HVT revenue statistics and to assist in analyzing the City's economic base. The Property Tax (approximately $33.0 million for FY 16 -17) and HVT (approximately $9.4 million for FY 16 -17) combined represent approximately 20% of the City's total General Fund revenue. Engaging HdL will enable the City to conduct additional audits that can recover additional revenue for the City as well as ensures compliance with tax regulations, provides early indications of trends for the regional economy, and ensures revenues generated within city boundaries are properly allocated, assigned and remitted to the City of Santa Ana on a timely basis. Property Tax Currently, two types of properties are subject to property tax regulations: secured and unsecured. The Secured Property Tax is an ad valorem tax (value- based) imposed on real property, which includes land and permanently attached improvements such as buildings and tangible personal property within the state of California. As reported by the Orange County's Auditor - Controller, for fiscal year 2016 -17, secured property values within Santa Ana are estimated to be $22.4 billion with a basic levy rate of I% while the unsecured property values within Santa Ana are estimated to be $1.5 billion and subject to the same rate applied to secured properties. The Unsecured Property Tax is also a value -based tax and is levied on property such as boats, jet skis, airplanes, business fixtures, computer equipment, as well as other property not classified as 'real property ". Because the tax is not secured by real property, the tax is called "unsecured ". 25B -2 Agreement with Hinderliter, de Llamas & Associates October 18, 2016 Page 3 Hotel Visitors' Tax The Hotel Visitors' Tax (HVT) is imposed on paying individuals for the privilege of occupancy in lodging establishments, such as, hotels, motels, inns, etc. within the City staying 30 days or less in the amount of 11 %. Currently, there are 37 establishments within City limits that collect HVT consisting of 9 hotels, 18 motels and 10 inns. Both revenue sources play an integral part in funding general services the City provides to the community of Santa Ana. As such, the Request for Proposals (RFP No. 16 -022) for Revenue Auditing was released and posted on the City's online bid management and publication system. Two proposals were received. They were subsequently reviewed by a three - member committee comprised of staff from Finance & Management Services Agency and the Community Development Agency. As a result, each of the responding consultants were interviewed and evaluated based on the following criteria: 1) qualifications; 2) experience; 3) proposed scope of services and time of performance; 4) client references, and; 5) cost of providing services. The proposals were ranked accordingly, as follows: Property Tax Rank I Firm Average Score out of 100) 1 Hinderliter, de Llamas & Associates 95 2 MuniServices, LLC 90 Hotel Visitors' Tax Rank Firm Average Score (out of 100) 1 Hinderliter, de Llamas & Associates 97 2 MuniServices, LLC 86 The proposals submitted by HdL were found to be most responsive to the City's needs, offers the best value, and is appropriate for the services requested. HdL's strong qualifications, experience and client references as well as an appropriate proposed scope of services and time of performance will provide a flexible and cost - effective auditing program. HdL's staff has extensive experience in implementing both Property Tax and Hotel Visitors' Tax audit programs for comparable California cities, including but not limited to: Long Beach, Orange, and Huntington Beach among others. As part of the submitted Property Tax proposal and agreed terms for the Property Tax auditing services, HdL will provide the following services: 1. Property Tax reporting services including, but not limited to: City Property Tax Roll Summary, top 40 net taxable change history, top 40 value change listing, 25B -3 Agreement with Hinderliter, de Llamas & Associates October 18, 2016 Page 4 median /average sales price of property sales, completed construction projects for tracking of reassessments. 2. Successor Agency services, such as, tax increment projections for each Project Area, cash flow estimates for the Successor Agency, estimates of property tax revenues to be received by the taxing entities of the Project Area 3. Property Tax analysis and identification of misallocations 4. Property Tax web -based software application, which will enable staff to access the City's Property Tax data and be able to extract, analyze, and utilize the available data. 5. Assist in the development of a multi -year Property Tax revenue forecast model 6. Legislative analysis regarding pertinent Property Tax legislation and regulations 7. Ongoing consultation on all aspects of the auditing program As part of the submitted Hotel Visitors' Tax proposal and agreed terms for the Hotel Visitors' Tax auditing services, HdL will train the City's Revenue and Contract Compliance Examiner and related City or contract staff to perform industry best practices audits as well as implement a three phased business friendly approach to the audit program, which includes: 1. Hotel Visitors' Tax Analysis, including comprehensive review of City ordinance, procedures pertaining to the Hotel Visitor's Tax and review of the most recent 48 months of Hotel Visitors' Tax filings 2. Lodging Provider Audits, up to 50 audits over the life of the agreement 3. Monitoring, Reporting and Compliance STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #2 (maintain a stable, efficient and transparent financial environment), Strategy 2a (adopt a budget that is in alignment with the five -year financial forecast and strategic plan). FISCAL IMPACT Property Tax Funds in the amount of $84,750, which are comprised of the amount for the first two years of the agreement equaling $56,500, which includes a $10,000 contingency, and the amount for the optional one -year extension of $28,250, which includes a $5,000 contingency, are available in the General Fund Property Tax account (01102002- 50011). Payments made to HdL will be recognized when the fees related to HdUs auditing and reporting activities are incurred. 25B -4 Agreement with Hinderliter, de Llamas & Associates October 18, 2016 Page 5 The payments within the fiscal years will be available as follows: Contract Term Fiscal Year Amount 2016 -17 (January 2017- June 2017) $14,125 2017 -18 (July 2017 -June 2018) $28,250 2018 -19 (July 2018- December 2018) $14,125 Optional Year Fiscal Year Amount FY 2018 -19 (January 2019 -June 2019) $14,125 FY 2019 -20 (July 2019 - December 2019) $14,125 Hotei Visitors' Tax Funds in the amount of $209,250, which are comprised of the amount for the first two years of the agreement equaling $135,750, which includes a $28,000 contingency, and the amount for the optional one -year extension of $73,500, which includes a $14,000 contingency, are available in the General Fund Hotel Visitors' Tax account (01102002- 50030). Payments made to HdL will be recognized when the fees related to HdL's auditing and reporting activities are incurred. As a note, the annual auditing fees will cost less than 1.0% of the total HVT revenues collected in fiscal year 2015 -16. The payments within the fiscal years will be available as follows: Contract Term Fiscal Year 2016 -17 (January 2017 - June 2017) 2017 -18 (July 2017 - June 2018) 2018 -19 (July 2018 - December 2018) Optional Year Fiscal Year FY 2018 -19 (January 2019 — June 2019) FY 2019 -20 (July 2019 - December 2019) Amount $25,500 $ 73,500 $36,750 Amount $36,750 $36,750 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 4 Executive Director Finance and Management Services Agency AC: W H EXHIBITS: 1. Property Tax Agreement 2. Hotel Visitors' Tax Agreement 25B -5 r EXHIBIT 1 Consultant Services Agreement This Consultant Services Agreement (the "Agreement ") is made as of the 18th day of October, 2016 by and between HdL Coren & Cone, a California Corporation ( "CONSULTANT ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY "). In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: A. Property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records. B. An effective program of property tax management will assist the CITY in fiscal, economic and community development planning; and C. CITY desires the property tax data based reports and data analysis required to effectively manage the CITY property tax base and identify and recover revenues misallocated within the CITY, or to other jurisdictions; and D. CONSULTANT is a state -wide expert in such data analysis with over 200 public agency clients for whom such services are performed and has the programs, equipment, data and personnel required to deliver the property tax services referenced herein. E. The CITY desires to retain a consultant having special skill and knowledge in the field of professional services for Property Tax (Secured and Unsecured) Revenue Auditing, Recovery, Reporting, Analysis, and Legislative /State Agency Liaison and Implementation Monitoring Services as specified herein. F. In undertaking the performance of this Agreement, CONSULTANT represents that it possesses the necessary knowledge, qualifications, skills and personnel to provide such services. CONSULTANT warrants that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: CITY hereby retains CONSULTANT, and CONSULTANT hereby agrees to provide such services as are set forth hereinbelow, in accordance with the terms and conditions of this Agreement, and represents and warrants to CITY that CONSULTANT accepts such assignment to perform those services, subject to those terms and conditions. 1. SCOPE OF SERVICES (a) CONSULTANT shall perform services designated in the CITY's Request for Proposal (RFP) No. 16 -022, dated February 11, 2016 relating to revenue auditing, recovery, reporting, analysis, and legislative monitoring in connection with secured and unsecured property taxes in the manner described in CONSULTANT'S RFP No. 16 -022 response dated 25B -7 April 7, 2016 attached to and incorporated herein as Exhibit "A ". Services are referenced herein as follows: "Base Services" as described in Section 3 -2.0. ii. "Optional Services" as described in Section 3 -3.0, performed at the request of CITY; and iii. "Additional Services" as described in Section 3 -4.0, performed upon a written order by CITY. (b) CONSULTANT shall provide said services at the time, place, and in the manner specified in the Schedule Of Performance - Timeline For Deliverables attached to and incorporated herein as EXHIBIT "B ". (c) CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement. 2. COMPENSATION Upon execution of this Agreement, CITY will pay CONSULTANT as outlined in section 4 -6.0 (CONSIDERATION). Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures and proof of insurance as set forth in section 4 -9.0 (INSURANCE AND INDEMNIFICATION). Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 3. TERM The initial term for the provision of services as set forth in section 1 of this Agreement shall be for a period of two (2) years commencing January 1, 2017, with one (1) one -year option exercisable in the sole discretion of the City, by a writing executed by the City Manager and the City Attorney, if neither party has terminated said Agreement in accordance with section 3 -1.0. 3 -1.0 Termination. The Parties reserve the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days' written notice to the non - terminating party, except that where termination is for cause, the Parties will comply with the dispute resolution process in Section 4 -11.2. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non - terminating party with the opportunity to cure pursuant to Section 4 -11.2. 3 -2.0. Effect of Termination Upon issuance of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The CONTRACTOR shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter; provided, however, that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 2 r 4. GENERAL PROVISIONS 4 -1.0 DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning stated below: Audit Review: "Audit" or "Audit Review" shall mean the comparison of databases to ensure that parcels are correctly coded with the appropriate tax rate area to return revenue to the client city. Audits include the secured and unsecured tax rolls and where secured records are corrected; the corresponding unsecured records related to those properties are also corrected. A review of the calculation methodologies developed by auditor /controller offices in the administration of property tax is made to ensure compliance. New annexations are audited the 1st or 2nd year after the area's adoption due to the timing of LAFCO and the State Board of Equalization in assigning new tax rate areas and county processing of those changes. County: "County" shall mean the County in which the CITY is located. Data Base: "Data Base" shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County. Days: "Days" shall mean calendar days. Property Tax Roll: "Property Tax Roll" shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County. Proprietary Information: "Proprietary Information" shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONSULTANT and used in the performance of the services hereunder. Successor Agency: "Successor Agency" means the City's administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITY. Scope of Services: "Scope of Services" shall mean all of the Base Services specified in Section 3 -2.0 et seq., the Optional Services in Section 3 -3.0 et seq., the Additional Services in Section 3 -4.0, or any other services rendered hereunder. TRA: "Tax Rate Area" shall mean the area subject to the tax rate. 4 -2.0 BASE SERVICES The CONSULTANT shall perform all of the following duties as part, of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer: 4 -2.1 Annual Services (Fixed Fee Annually, after the Property Tax Roll is available 25B -9 (a) CONSULTANT shall establish a Data Base for CITY available through CONSULTANT'S online property tax application (b) Utilizing the Data Base, CONSULTANT will provide: (1) A listing of the major property owners in the CITY, including the assessed value of their property. (2) A listing of the major property tax payers, including an estimate of the property taxes. (3) A listing of property tax transfers which occurred since the prior lien date. (4) A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA. (5) A comparison of property within the CITY by county -use code designation (6) A listing by parcel of new construction activity utilizing city building department data, including building permits with assessor parcel numbers and project completion dates, to identify non - residential parcels with new construction activity and to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations. (7) A listing of multiple owned parcels. (8) A listing of absentee owner parcels (9) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY. (10) Development of historical trending reports involving taxable assessed values for the CITY, median and average sales prices, foreclosure activity and related economics trends. (11) Upon written request, analyses based on geographic areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. 4 -2.2 Successor Aaencv Services Successor Agency Services including but not limited to: (c) Tax increment projections (d) Cash flows for the Successor Agency by Project Area (e) Assistance with Redevelopment Obligation Payment Schedules 4 25B -10 (f) Assistance in providing property tax information for the taxing agencies receiving property tax revenues from former Project Areas (g) Estimates of property tax revenues to be received by the taxing entities from former Project Areas (h) Provide property tax information to the Oversight Board at the direction of the Successor Agency (i) Provide access to the Oversight Board to AGENCY and former redevelopment agency documents at the direction of the Successor Agency (j) Monitor the County distribution of tax - sharing revenues to the taxing entities of the former redevelopment agency (k) Coordinate with the Auditor - Controller the relationship between the tax - sharing, debt service and other obligations of former redevelopment agency (1) Prepare as needed an assessment resources available to the Successor Agency to meet the long term obligations of the former redevelopment agency 4 -2.3 Quarterly Services /Monthly Services (Fixed Fee) The CONSULTANT shall perform the following services quarterly: (m) A listing of property tax appeals filed on properties in the CITY (selected counties). (n) A listing of property transfers that have occurred since the last report. (o) Monthly update of CONSULTANT'S web -based software program to include parcel transfer data and, in select counties, appeal updates. 4 -2.4 On -Going Consultation (Fixed Fee) During the term of this Agreement, CONSULTANT will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On -going consultation would include, but not be limited to, inquiries resolved through use of the CITY's data base. 4 -3.0 OPTIONAL SERVICES The following services are available on a time and materials basis: 4 -3.1 Specified Data Generation of specialized data -based reports which would require additional programming, the purchase of additional data, costs for county staff 5 25B -11 research, or similar matters not necessary to carry out services outlined in Section 4 -2.0. 4 -3.2 County Research Any research with County agencies for which CONSULTANT does not have a current database. 4 -3.3 Bond Services Bond services are available for a fixed negotiated fee, including: (p) Tax Allocation Bonds fiscal consultant reports (q) Mello -Roos Special Tax studies 4 -3.4 Additional Meetings Requested Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with CITY shall be considered an Optional Service. 4 -4.0 ADDITIONAL SERVICES 4 -4.1 Extra Work CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. 4 -4.2 Change Order No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer to the CONSULTANT, incorporating therein any material adjustment in the contract and /or the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. 4 -5.0 OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES 4 -5.1 City Materials and Support CITY agrees to provide the following information: (a) Current CITY maps and zoning map; (b) A copy of reports received by the CITY annually from the Auditor - Controller's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis; (c) Parcel listing and maps of CITY parcel annexations since the lien date roll; 6 25B -12 I. A listing of completed new construction projects with Assessor's map book, page and parcel numbers (APN) for proper identification and tracking for two years prior to the date of this Agreement. If the data does not include the APN information, CONSULTANT will research this information at an additional cost; ii. A listing of the CITY levies assessment districts and direct assessments. 4 -5.2 Compliance with Law All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 4 -5.3 License, Permits, Fees and Assessments CONSULTANT shall obtain such licenses, permits and approvals (collectively the "Permits ") as may be required by law for the performance of the services required by this Agreement. CITY shall assist CONSULTANT in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITY. 4 -5.4 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 4 -6.0 CONSIDERATION 4 -6.1 Base Fixed Fee Services CONSULTANT shall provide the Base Services described in Section 4- 2.0 above, for a fixed annual fee of $ 23,250 (invoiced quarterly). 4 -6.2 Optional Services Fees for Optional Services as outlined in Services in Section 4 -3.0 above (except Section 4 -3.4) shall be billed at the following hourly rates: Partner $235 per hour Principal $205 per hour Associate $160 per hour Programmer $160 per hour 7 25B -13 Senior Analyst $105 per hour Analyst $ 70 per hour Administrative $ 50 per hour Hourly rates are exclusive of expenses and are subject to adjustment by CONSULTANT annually, beginning July 1, 2017 by the United States Department of Labor Bureau of Labor Statistics All Urban Consumers Consumer Price Index (CPI) as determined for the Los Angeles- Riverside - Orange County California Area - Base Period 1982 -84 = 100, as measured by the change in the CPI from the monthly period ending October 31, 2016 thru June 30 of each year. July of each year CONSULTANT shall provide CITY with an updated schedule of hourly rates. Annually adjusted rates will not change (+ / -) by more than four percent (4 %) per year. In addition, expenses for Optional Services shall be billed at 1.15 times actual incurred costs. 4 -6.3 Fees for Bond Services Services under Section 4.5.0 above will be determined depending upon the complexity of the bond issue and the time available for completion of the task and will be mutually agreed to be the parties. 4 -6.4 Indirect Expenses Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONSULTANT in performing the services in the Scope of Services including for administrative overhead, salaries of CONSULTANT'S employees, travel expenses or similar matters. 4 -6.5 Due Date All fees are due 45 days immediately following billing. All amounts that are not paid when due shall accrue interest from the due date at the rate of one percent per month (12% per annum). 4 -7.0 TERM PERFORMANCE SCHEDULE 4 -7.1 ImDlementation Implementation of services should begin as soon as possible from the Effective Date for the performance of services under the terms of this Agreement. 4 -7.2 Schedule of Performance CONSULTANT shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B ", and incorporated herein by this reference. When requested by the CONSULTANT, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 4 -7.3 Force Maieure The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be 25B -14 extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and /or acts of any governmental agency, including the CITY, if the CONSULTANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. 4 -8.0 COORDINATION OF WORK 4 -8.1 Reoresentative of CONSULTANT The following principals of CONSULTANT are hereby designated as being the principals and representatives of CONSULTANT authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: HdL COREN & CONE Paula Cone, President - Management Contact Principals & Representatives Nichole Cone, V.P. - Project Manager It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for CITY to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by CONSULTANT without the express written approval of CITY. 4 -8.2 Contract Officer The Contract Officer shall be the person designated hereunder by CITY. It shall be the CONSULTANT'S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement. City of SANTA ANA Willard V. Holt Contract Officer Treasury and Customer Services Manager 4 -8.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of CONSULTANT, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Therefore, CONSULTANT shall not contract with any other 25B -15 entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than fifty percent (50 %) of the present ownership and /or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY. 4 -8.4 Independent Contractor Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. CITY shall have no voice in the selection, discharge, supervision or control of CONSULTANT'S employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent CONSULTANT of CITY and shall remain at all times as to CITY a wholly independent CONSULTANT with only such obligations as are consistent with that role. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY. CITY shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venturer or a member of any joint enterprise with CONSULTANT. 4 -9.0 INSURANCE AND INDEMNIFICATION 4 -9.1 Insurance The CONSULTANT shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITY, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence and $500,000 in the aggregate. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONSULTANT and the CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the 10 25B -16 CONSULTANT in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (1) bodily injury liability limits of $250,000 per person and $500,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250,000 in the aggregate or (ii) combined single limit liability of $500,000. Said policy shall include coverage for owned, non - owned, leased and hired cars. (d) Errors and Omissions (Professional Liability). A policy of professional liability issuance written on a claims made basis in an amount not less than One Million Dollars ($1,000,000). (e) General Requirements. All of the above policies of insurance shall be primary insurance and shall name the CITY, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the CITY, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the CITY. In the event any of said policies of insurance are cancelled, the CONSULTANT shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 -9.0 to the Contract Officer. No work or services under this Agreement shall commence until the CONSULTANT has provided the CITY with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the CITY. CONSULTANT shall supply CITY with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit "C" upon execution of this Agreement and shall be approved in form by the CITY Attorney. 4 -9.2 Indemnification CONSULTANT agrees to indemnify the CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities') that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of CONSULTANT hereunder, or arising from CONSULTANT'S negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the CITY, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the CITY, its officers, agents or employees, who are directly responsible to the CITY. 11 25B -17 4 -9.3 Sufficiency of Insurer or Surety Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the CITY due to unique circumstances. In the event the Risk Manager of CITY ( "Risk Manager ") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the CITY, the CONSULTANT agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 -9.0 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the CONSULTANT shall have the right to appeal a determination of increased coverage by the Risk Manager to the CITY Council of CITY within 10 days of receipt of notice from the Risk Manager. 4 -10.0 RECORDS AND REPORTS 4 -10.1 Reports CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 4 -10.2 Records CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required. 4 -10.3 Non - Disclosure of Proprietary Information (a) In performing its duties under this Agreement, CONSULTANT will produce reports, technical information and other compilations of data to CITY. These reports, technical information and compilations of data are derived by CONSULTANT using methodologies, formulae, programs, techniques and other processes designed and developed by CONSULTANT at a substantial expense. CONSULTANT'S reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by CONSULTANT shall be referred to as Proprietary Information. CONSULTANT'S Proprietary Information is not generally known by the entities with which CONSULTANT competes. 12 25B -18 (b) CONSULTANT desires to protect its Proprietary Information. Accordingly, CITY agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONSULTANT'S Proprietary Information for any purpose not associated with CONSULTANT'S activities. Further, CITY agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONSULTANT'S Proprietary Information to any person or organization not connected with CONSULTANT, without the express written consent of CONSULTANT. The CITY also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake all necessary and appropriate steps to maintain the proprietary nature of CONSULTANT'S Proprietary Information. (c) Any use of the Proprietary Information or any other reports, records, documents or other materials prepared by CONSULTANT hereunder for other projects and /or use of uncompleted documents without specific written authorization by the CONSULTANT will be at the CITY's sole risk and without liability to CONSULTANT, and the CITY shall indemnify the CONSULTANT for all damages resulting therefrom. 4 -10.4 Release of Documents Pursuant to Public Records Act Notwithstanding any other provision in this Agreement, all obligations relating to disclosure of Proprietary Information remain subject to the Freedom of Information Act or California Public Records Act, Cal. Gov't Code §§ 6250 et seq. (collectively, the "PRA "). The Parties intend that if CITY is served with a request for disclosure under the PRA, or any similar statute, the CITY in good faith will make the determination as to whether the material is disclosable or exempt under the statute, and shall resist the disclosure of Proprietary Information which is exempt from disclosure to the extent allowable under the law. CITY shall advise CONSULTANT in writing five (5) days prior to the intended disclosure of any decision to disclose Proprietary Information, and the reasons therefore, and if CONSULTANT then timely advises CITY in writing that it objects to the disclosure, CITY shall not disclose the information. In such case, CONSULTANT shall then be solely liable for defending the non - disclosure and shall indemnify and hold CITY harmless for such nondisclosure. 4 -11.0 ENFORCEMENT OF AGREEMENT 4 -11.1 California Law -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. 13 25B -19 4 -11.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty -five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit CITY's or the CONSULTANT'S right to terminate this Agreement without cause pursuant to Section 3 -1.0. 4 -11.3 Waiver No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 4 -11.4 Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 4 -11.2 Legal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 4 -11.3 Attorneys' Fees If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable 14 25B -20 attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 4 -12.0 CITY OFFICERS AND EMPLOYEES: NON - DISCRIMINATION 4 -12.1 Non - liabilitv of CITY Officers and Emolovees No officer or employee of the CITY shall be personally liable to the CONSULTANT, or any successor in interest, in the event of any default or breach by the CITY or for any amount which may become due to the CONSULTANT or to its successor, or for breach of any obligation of the terms of this Agreement. 4 -12.2 Conflict of Interest No officer or employee of the CITY shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The CONSULTANT warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 4 -12.3 Covenant Against Discrimination CONSULTANT covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 4 -13.0 MISCELLANEOUS PROVISIONS 4 -13.1 Notice Any Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement, not delivered personally, are deemed received on the third business day after mailing if sent by regular mail, or the next business day if sent by express mail courier via overnight delivery. 15 25B -21 If to CITY: Francisco Gutierrez Executive Director Finance and Management Services Agency 20 Civic Center Plaza (M -17) Santa Ana, CA 92701 Phone: (714) 647 -6960 Facsimile: (714) 647 -5414 Email: fgutierrez @ santa - ana.org Willard V. Holt Treasury and Customer Services Manager 20 Civic Center Plaza (M -15) Santa Ana, CA 92701 Phone: (714) 647 -5456 Facsimile: (714) 647 -5304 Email: wholt @santa - ana.org If to CONSULTANT: Paula Cone President HdL Coren & Cone 1340 Valley Vista Dr., Ste. 200 Diamond Bar, CA 92765 Phone: (909) 861 -4335 x307 Facsimile: (909) 861 -7726 Email: pcone @hdlccpropertytax.com Nichole Cone Vice President HdL Coren & Cone 1340 Valley Vista Dr., Ste. 200 Diamond Bar, CA 91765 Phone: (909) 861 -4335 x337 Facsimile: (909) 861 -7726 Email: ncone @hdlccpropertytax.com 4 -13.2 Professional Licenses CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the CITY of Santa Ana and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 4 -13.3 Performance of Services - Representation CONSULTANT shall perform all services with the necessary knowledge and skills required to perform the tasks. CONSULTANT or personnel of CONSULTANT engaged in the performance of such services shall not represent CL 25B -22 themselves to be, nor shall they be deemed to be, employees of CITY for any purpose whatsoever. 4 -13.4 Performance of Services - Cooperation & Assistance CITY agrees that its employees will cooperate with and assist representatives of CONSULTANT in every reasonable way to enable CONSULTANT to secure all information and data required to perform the services herein provided for. CONSULTANT shall have no liability for defects in the services attributable to CONSULTANT's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by CITY or third parties retained by CITY. 4 -13.5 Public Release and Statements Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other's activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party's prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section. 4 -13.6 Equal Opportunity to Draft The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 4 -13.7 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. In the event of any conflict between the provisions of this Agreement and those set forth in any Exhibit referenced and incorporated herein, the provisions of the Consultant Services Agreement shall prevail. 4 -13.8 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if 17 25B -23 any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 4 -13.9 Severabilitv In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 4.14.0 EXECUTION 4 -14.1 Corporate Authorit The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 4 -14.2 Counterpart Signature and Delivery This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. {Signatures on following page) IU 25B -24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CITY Attorney By: Lisa Stohck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Francisco Gutierrez, Executive Director Paula Cone Finance & Management Services Agency HdL Caren & Cone A California Corporation Tax ID# 19 25B -25 snrc� ,J ' EXHIBIT 4 City of Santa Ana Finance & Management Services Agency Treasury & Customer Services Division REQUEST FOR PROPOSALS RFP # 16 -022 Revenue Auditing, Recovery, Reporting, Analysis, and Legislative /State Agency Liaison and Implementation Monitoring Services April 7, 2016, 5pm Hdtl: COREN&CONE 25B -26 A. SUMMARY SHEET RV IT I IT I_1 YA-1:1441 Firm Name: HdL Coren & Cone Firm Parent or Ownership: None r_vir_T$]:IPd=1,Y Ill, l Firm Address: 1340 Valley Vista Drive, Suite 200, Diamond Bar, California 91765 Firm Telephone Number: (909) 861 -4335 Firm Fax Number: (909) 861 -7726 Number of Years in Existence: 24 Management Contact (person responsible for direct contact with the City of Santa Ana and services required for this RFP): Name: Paula Cone Title: President Telephone Number: (909) 861 -4335 x307 Fax: (909) 861 -7726 Email: pcone(@hdiccpropertvtax,com Project Manager (Person responsible for day -to -day servicing of the account): Name: Nichole Cone Title: Vice President Telephone Number: (909) 861 -4335 x337 Fax: (909) 861 -7726 Email: ncone(a�hdlccpropertvtax.com Page I 1 25B -27 1. KEY STAFF ASSIGNED TO THIS RPF ENGAGEMENT: Paula Cone Nichole Cone David Schey Robert Scherer Joel Hermann Shelli Miyashita Mahea Villabroza John Davis Russell Vassar 2. QUALIFICATIONS FOR KEY STAFF Paula Cone - President Paula Cone is a principal with HdL Coren and Cone, the property tax arm of the HdL Companies, and has over 20 years of municipal experience in finance and city management. She joined the firm in 1990 to oversee the development of the property tax analysis, audit and software elements in use today. She developed the first cost - effective and accurate computer program for identifying, monitoring, auditing and correcting property tax misallocation. She and her team provide core property tax products interpreting the trends and impacts of changes in real estate to the revenues received by local governments. HdLCC has identified errors which have resulted in a redistribution of net tax revenues of $60 million to client agencies since 2000. Ms. Cone earned her Bachelor's degree from California State University at Long Beach. She is former Parks and Recreation Director and Assistant City Manager for the City of Lawndale. Page 12 Nichole Cone —Vice President Nichole Cone joined HdLCC in 1992. She oversees the acquisition and processing of county assessor and auditor - controller data into HdLCC's database. As a principal, she manages the preparation and production of property tax reports and is the lead for special projects requested by clients. She has oversight responsibility for all secured and unsecured audit submittals. She handles many of the general day to day client inquires and oversees staffresponsibe for all production and questions regarding the 25B -28 Page 13 HdLCC Comprehensive Annual Financial Report (CAFR) product. . Ms. Cone was instrumental in our system redesign which closely mirrors the systems used by counties and the coversion of the CAFR product to make it GAS844 compliant. Education: Bachelor of Arts, Loyola Marymount University, Los Angeles, California. David Schey — Vice President Mr. Schey has 35 years of experience in government service and consulting. He joined HdLCC in 1994 and currently heads the analysis staff. His experience prior to joining HdLCC includes service as Planning Director, Community Development Director and Deputy Director of Redevelopment. He has been instrumental in the formation of numerous special assessment districts and in the development and adoption of redevelopment project areas. As a consultant to city and county agencies, he has provided development and consulting services that include planning, project management and finance. Mr. Schey has participated in the issuance of tax allocation, revenue and assessment district bonds as both a consultant and as the principal staff representative. As an active participant in the affairs of his community, Mr. Schey served for over six years as a member and chairman of both the Planning Commission and Parks and Recreation Commission. Education: Bachelor of Arts, University of California; Los Angeles, California; Bachelor of Arts, California State University; Long Beach, California; Master of Public Administration, University of Southern California; Los Angeles, CA Robert Scherer — IT Manager Robert Scherer joined HdLCC in 2004. He is responsible for the integration and preparation of County data into the HdLCC system, and is the supervisor and lead designer of HdLCC's property tax analytical reports system and manager of all programming staff. Mr. Scherer earned his Bachelor's degree in Business Administration, Computer Information Systems from California State Polytechnic University, Pomona, California. Joel Hermann — IT and Software Training Joel Hermann joined the HdL Companies in 1996. He has expertise in several programming languages, database design, and Windows© network environments. He is the lead programmer for several of HdLCC's data entry, processing, and data mining projects. He has extensive experience in analyzing and preparing city and special district direct assessments. Joel works closely with client city staff and provides technical support and training for the HdLCC Property Tax web -based data application. 25B -29 Shelli Miyashita —Analyst Shelli Miyashita has been an analyst with HdL Coren & Cone since 1997. Her duties have included the servicing of the HdLCC Comprehensive Annual Financial Report packages and Documentary Transfer Tax Audits, in which she has recovered nearly $1 million in misallocated or undistributed revenue. As an analyst, Shelli is primarily responsible for tax increment projections, continuing disclosure analysis, collections analysis and county apportionment analysis. Shelli has a Bachelor of Arts degree from Boston University and a Master of Arts Degree from Alliant International University. Mahea Villabroaa — Production Coordinator Mahea Villabroza joined HdLCC in 2009 and worked first as a Production Assistant and now as a Production Coordinator. Her day to day responsibilities include interface with county staff to procure roll information, auditor's reports, appeals data and sales information. Mahea is the staff person responsible for fulfilling CAFR orders as well as report printing and production and many day to day client questions. . John Davis —Audit Specialist John David joined the HdL Companies in 2006. He worked originally as a Feld auditor and then a border error specialist using property tax data to identify misallocated sales tax accounts. He joined HdLCC as an Audit Specialist in 2013. John is responsible for all secured, unsecured and cross reference audits performed. He communicates directly with county staff to get misallocations corrected. John also performs audits on recent annexations to ensure they have been correctly coded by the County. Russell Vassar — IT Page 14 Russell Vassar joined the HdLCC in 2011. He is a computer science graduate from Cal State Fullerton. Russell programs many of our client applications and works with the rest of the IT department to import and validate our data. Russell also provides technical support for our web -based property tax application and is our GIS data expert. 25B -30 3. RESUMES FOR MANAGEMENT CONTACT AND PROJECT MANAGER Paula Cone Experience HdL Caren & Cone: President /Partner April 1990 — Present • Founding partner of HdL Coren & Cone the property tax company aligned with the HdL Companies. Completed the development of the first cost - effective and accurate program for identifying, monitoring, auditing and correcting property tax misallocations. Instrumental in the development and creation of the analytical and management report that have become the standard in the industry of trending and forecasting revenue and property value changes. Oversees the company's property tax management service and client interface. Over the past 23 years the company has grown to serving 190 local agencies in 40 counties in California. City of Lawndale: Assistant City Manager January 1981 -March 1990 • Served as the Assistant City Manager responsible for the departments of Finance, Personnel, Risk Management, Emergency Management, Animal Control and Parking Enforcement, and Cable Television. Served as the staff to various commissions, committees and the city council for projects and support. Responsible for both the program development and staff supervision of departments and projects assigned. City of Lawndale: Director of Parks and Recreation July 1970 — January 1989 Responsible for the staffing and programming of recreation facilities. Major responsibilities included coordination of adult and youth sport leagues, senior citizen programming, pre- school /tiny tot programming, planning of after school and vacation special events, and the development of junior high school special events. The position also included application and securing of grant funds for facility expansion, joint powers coordination with local school sites for after school programs, and involvement in the development and construction of new facilities. Education • Bachelor of Science— Kinesology /Physical Education California State University — LongBeach February 1970 Page 15 25B -31 Nichole Cone Experience HdL Coren & Cone — Principal /Vice President January 2011— Present Delivery of annual property tax reports to client. Oversee the acquisition and processing of county assessor and auditor - controller data into HdL Coren & Cone's database. Manage the preparation and production of property tax reports. Serve as the main point of contact for special projects requested by clients. Oversee staff responsible for all secured and unsecured audit submittals. Respond to general day to day client inquires. Work closely with IT staff to redesign reports and databases. HdL Coren & Cone — Production Manager December 2000- December 2010 Requested assessor and auditor controller data. Read and assembled data from multiple sources for use in property tax reports. Imported quarterly sale data. Printed and assembled delivery materials. Created client install disks for HdL Coren & Cone desktop application. Served as the main point of contact for HdLCC's CAFR product and redesigned to implement GASB 44. Client geo creation, special projects and general questions as needed. HdL Coren & Cone — Data Entry /Production Assistant January 1992- November 2000 • Entered property tax data into HdLCC's property tax system. Printed, collated and assembled reports and delivery materials. Created mailing lists and general support to HdLCC principals. Education • Bachelor of Arts, Art History — Loyola Marymount University May 2000 Page 16 25B -32 B. ALLOCATION OF RESOURCES 1. General Strategy Property taxes in California have evolved into an extremely complex system that requires experience and expertise to fully monitor. There are two broad categories of property (real and personal); three tax rolls (secured, unsecured and state assessed), and numerous peculiarities such as possessory interests, mines & mineral rights and the distribution of tax revenue from private aircraft. The revenues generated by the property tax system need to be distributed to a myriad of taxing entities including cities, counties, schools, special districts and redevelopment agencies both directly and as pooled allocations. The subtleties of the apportionment of revenues in Teeter or non - Teeter cities are often challenging and confusing. The Company's property tax information systems allow us to provide information and analysis from a city's property tax data set to city staff quickly and accurately. The Company's historical data (22 years in Orange County) provide critical data for trending, analysis and economic planning. We have developed reports that assist cities in better understanding the significance of the Proposition 8 reductions over the past several years and the overall impact of those declines and potential recovery patterns when the real estate environment improves. Our revenue modeling for General Fund and Successor Agencies give cities tools to better forecast revenue based on data collected from transfers of ownership, successful appeals and Prop. 8 reductions and how those elements fit together in the overall picture of revenue forecasting. With the adoption of SB 1096 in 2004, revenues formerly identified as Vehicle License Fees (VLF) is being paid through the County Educational Revenue Augmentation Fund (ERAF). The year -to -year growth of ERAF in lieu of VLF is now tied to gross property value growth between tax years. The monitoring of this revenue source for budget projections is now a feature of our property tax services. The City's role is to provide a map with street names delineating City/Successor Agency boundaries for use in auditing the secured property database and to confirm that suggested misallocations were within City /SA boundaries. In addition, any City annexations which have been approved within the previous 2 fiscal years need to be reviewed to ensure that the county has correctly coded the parcels with City tax rate areas. Page 17 25B -33 HdL Coren & Cone (HdLCC) annually purchases secured, unsecured and Board of Equalization (BOE) tax roll data from Orange County and BOE respectively. This data is then updated with purchased real estate data to reflect the most current owner of record, sale prices, deed information and if necessary is used to complete the City parcel record with current situs and mailing addresses. Sales history and current and historical appeal data are additional datasets purchased to augment the Assessor's released data and made available on our web -based property tax software. These additional datasets also provide reports for better understanding changes to the property tax roll between release dates. All data necessary to update the original lien date set from the Assessor and the procurement of the lien date rolls is purchased by HdLCC and provided to the City as as long as the contract remains in force. 2. Tasks and Time Required Page 18 25B -34 Total Hours 179 Task Staff Annual Hours 1 Acquisition of data from the Assessor, Auditor Controller and Clerk of the Board Administrative 8 2 Data decoded and read into HdLCC system Programmer 10 3 Post updated data set on Web -based HdLCC Property Tax Portal Programmer 5 4 Secured and unsecured audits performed Administrative 16 5 Data Reconciliation and processing for deliverables Administrative 10 6 Print and prepare CD with reports. Administrative, Programmer 5 7 Analyze information for meeting, prepare newsletter, produce additional handouts, prepare CD with reports Principal 6 8 Update database with sales transactions monthly Administrative 36 9 Revenue projections Programmer, Admin, Principal 15 10 Residual Revenue Projections Administrative, Principal 10 11 Addendum Report preparation Administrative 10 12 Ongoing requests, software training, special projects Programmer, Admin, Principal 40 13 Legislative Updates Administrative, Principal 8 Page 18 25B -34 Total Hours 179 3. Objectives and Methodology The methodology that the Company follows in identifying, correcting and recovering property tax errors includes the following: Task I Establishment of county data set and reconcile the annual auditor - controller assessed valuation report to the assessor's lien date rolls and identify discrepancies Task II Identify and correct errors through the performance of secured parcel audit and unsecured review where addresses are available. Task III Prepare reports, review and analyze the data in preparation to meet with City staff to discuss year to year changes and trending. Task IV Ongoing analysis, appeal updates, transfer of ownership updates, remittance advice review, budget projections HdL Coren & Cone has ample staff to devote to the tasks required in this request for qualifications. Our knowledgeable staff will be assigned to ensure that the deadlines for deliverables are met and that requests placed by City staff are handled expeditiously. 4. Timeline for Property Tax Analysis and Audit Services: • County assessment rolls are purchased annually in July. • The property data program will be available for access via the internet within 30 days of the execution of the agreement. Parcel data will be updated monthly to include the most current ownership information due to parcel transfers. • The secured audits for the City will be completed and submitted to the County Assessor for corrective action within 90 days of receipt of county rolls. The audit and timing is contingent upon City providing the requested map(s). The City will receive file copies of submittals simultaneous with submissions to the County Assessor. • Data collection from the County Assessor's and Auditor Controller's offices for reports is performed in August and September each year and preliminary reports will be delivered to the City prior to the end of November annually. Preliminary reports will include estimates of tax increment revenue for the fiscal year that is estimated as being available for the January 2 and June 1 allocations to the Successor Agency by the Auditor Controller. Page 19 25B -35 • The final tax ratio percentages are available from the auditor controller's office annually in February/March. Final reports will be prepared and delivered prior to the end of April annually. Preparation of a one and five year General Fund Revenue Spreadsheet to assist the City in its budgeting process will be provided annually in February. Reviews of Successor Agency revenue allocations and residual revenue distributions will be conducted as requested by the City /Successor Agency. C. SCOPE OF WORK AND TIME OF PERFORMANCE 1. Sales and Use Tax 1% HdLCC declines to bid on Sales and Use Tax 1 %. 2. Secured and Unsecured Property Tax a. PROPERTY TAX REPORTING SERVICES HdLCC furnishes a variety of reports detailing property and revenue trends for the entire City and for custom defined geographic areas. These reports can be used for budgeting purposes, planning, economic development and public information. Among the reports available are top 25, 50, 100 - property owner /taxpayer listings, multiple ownership properties, non -owner occupied parcels, identification of property ownership transfers and completed construction projects for tracking of reassessments. We also provide the City with quarterly reports of pending assessment appeals and quarterly sales transaction and trending analyses. The secured and unsecured roll data is available annually from the County Assessor in July /August, The lien date rolls are reconciled to the certified value reports received by the City from the Auditor Controller in August and after verifying that the data Page 1 10 25B -36 reconciles, HdLCC processes the property data. Discrepancies between the Assessor's and Auditor Controller's data are researched and reported to the City. The Orange County Auditor Controller's website has a comprehensive battery of reports that detail the remittances received by the City with each apportionment. HdLCC has the ability to reconcile the receipts to the levy (calculated taxes to be received) and point out areas of deviation of receipts between tax years. This analysis can assist a City in budgeting where specific tax revenues may not be recurring or where receipts in one year may be inflated or reduced due to one -time aberrations. The identification of escaping revenue through the use of property tax data has been a targeted focus for HdLCC during the past 10 years, With the reduction of tax revenues through legislated ERAF, cities, counties, agencies and special districts have been focusing on ways to increase the limited resources already stretched thin. The unsecured roll contains property owners which, when matched with a business license data set can be used to identify escaping revenues. For instance, property leased to businesses in your jurisdiction is taxed to the lessor of the property. We find that frequently, the lessors are not properly registered with a city business license. When notified and properly licensed, these businesses will generate additional revenue for the City. The use of the secured roll will assist in identifying owners of rented residential, commercial, or industrial properties that do not have a business license with the City should one be required. We currently have over 140 unique reports available that have been designed to help inform our clients and assist them in explaining and illustrating trends and concepts to other staff, City Council and the public. HdLCC will provide the following reports based on the 2016 -17 lien date rolls and will provide the reports annually, quarterly or monthly as appropriate. Reports are also available from prior years if needed. These Page 111 25B -37 reports are available in pdf, Miscrosoft Word and Excel formats for use in staff presentations. Reports in the portfolio of deliverables include but are not limited to: City /Agency Roll Summary Graph — 5 year history Top 40 Net Taxable Change History — summary Top 40 Value Change Listing — detailed history • Category Summary Year to Year Growth- 2 year comparison • Transfer of Ownership Summary Transfer of Ownership Listing • Negative Value Change Parcels • Median /Average Sales Price of Property Sales • Comparison of Peak Sale Price to Current Sale Price • Proposition 8 Historical Reductions & Potential Restorations • City /Agency Roll Summary Tax Dollar Breakdown Graph Top Secured /Unsecured Property Owner/Taxpayer Summary Reports Top 10, 25, 50, & 100 available • Use Category Summary • Revenue Calculation for City, Special Districts, Successor Agency General Fund Spreadsheet, General Fund and Special Districts • 5 Year Property Tax Revenue Projection • Residual Revenue Spreadsheet, Successor Agency • Non - Residential New Construction- Gann Limit - Proposition 111 Bank Owned Property Listing b. SUCCESSOR AGENCY SERVICES Base Year Value /RDA Audit request Redevelopment was dissolved in California as of February 1, 2012. The City RFP requests the provision of the base year values by tax rate areas for all redevelopment project areas; this will be provided. The current Successor Agency scope of services has become a function of estimating revenues available and verifying county calculations and distributions. Page 1 12 25B -38 Successor Agency Services including but not limited to: • Tax increment projections for each former Project Area • Cash flow estimates for the Successor Agency by Project Area • Assistance in providing property tax information for the taxing agencies receiving property tax revenues from former Project Areas • Estimates of property tax revenues to be received by the taxing entities from former Project Areas • Provide property tax information to the Oversight Board at the direction of the Successor Agency • Monitor the County distribution of Redevelopment Property Tax Trust Fund (RPTTF) revenues, tax - sharing amounts to the City and taxing entities of the former redevelopment agency and allocation of residual revenues • Coordinate with the Auditor - Controller the relationship between the tax - sharing, debt service and other obligations of former redevelopment agency • Prepare, as needed, an assessment of resources available to the Successor Agency to meet the long term obligations of the former redevelopment agency including bonded indebtedness, SERAF /ERAF loan repayment and City loan repayment. Prior to their dissolution, redevelopment agencies were the major beneficiaries of the $80 million HdLCC audit revenue recovered because most of the corrections involved the miscoding of parcels in a city's general fund that belonged in a redevelopment project area, and because all of the tax increment revenue went to the former redevelopment agency. Recoveries for successor agencies offer limited advantages to their cities. Audit recoveries provide the successor agency additional revenue to wind down their obligations more quickly, and may add to the residual distribution for all the taxing entities in project areas. The City, like the other taxing entities, would receive its share (approximately 20% for Santa Ana) of any residual revenue payments after Redevelopment Obligation Payments (ROPS) have been satisfied. School districts would Page 113 25B -39 not benefit at all from audit corrections since any additional residual payments would serve to reduce their State ADA payments. Given these circumstances most cities and successor agencies do not opt for property tax audits of former redevelopment project areas. For cities there are opportunities to capture property tax revenue incorrectly going to jurisdictions outside the city as well as former redevelopment project areas. Under these circumstances our audit services are provided on a contingency basis as described below. For successor agencies the audits will be performed as Additional Services with the timing and manner of payment to be determined upon authorization to proceed. c. ANALYSIS AND IDENTIFICATION OF MISALLOCATIONS HcILCC has been auditing and monitoring property taxes for cities for 23 years. During that time we have recovered more than $80 million of net property tax revenue for our client agencies. Our ability to provide this service relies on information provided by county assessors, auditor - controllers and tax collectors. We have limited success auditing some counties, including Orange County, due to insufficient access to necessary data. We have described below the limitations we face in complying with the requirements of this request for proposal. Secured Audits Upon approval of the contract, HdLCC will perform an analysis of the Secured roll to identify all parcels on the secured tax roll and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the City or Successor Agency. This analysis is accomplished through the use of specialized computer software, assessor maps, city maps, GIS maps, city records, other pertinent documents, and field investigations. The review will include the lien date secured data for the 2016 -17 tax Page 1 14 25B -40 year as well as historical data back to the 2012 -13 tax year after excluding previous audit misallocations identified by the City or its current contractor. HdLCC has the technology, methodology and trained staff to analyze all secured parcels within the City to identify costly errors resulting in the misallocation of property taxes. The Orange County Assessor, beginning in the 2004 -05 fiscal year, has determined that the situs addresses on the secured tax roll are confidential information and has not included that field on the data available for purchase. HdLCC has been purchasing data from Orange County for 22 years and has been archiving situs address on properties during that time. Where a parcel number has not changed, HdLCC has updated the address from previous rolls to complete the database. If the parcels have been re- mapped and we can ascertain a direct relationship between the old and new parcel, we have updated the address. New parcels added since 2004 -05 have addresses updated from other data sources making the percentage of situs addresses available in Santa Ana 97% on the secured roll. HdLCC audits the secured and property records two ways: first reviewing the entire county to find parcels miscoded to other jurisdictions; and second, reviewing the parcels within the city, county or agency to ensure that each is coded to the appropriate taxing entity. Our advanced technology, accuracy and track record have placed us in a unique position to be hired by cities to find additional revenues after audits have been performed by prior consultants. In addition, by filing audit results with the County Assessor in a timely manner, we can assure that the repetitive errors from previous years will not re- occur. Unsecured Audits The Orange County Assessor has always considered unsecured property addresses a confidential field of information and therefore does not include this data on the lien date database sold to outside purchasers. Addresses are a critical field of data required for auditing unsecured property as it is reported based on situs address This makes performing reviews on the unsecured (business property) a challenge because if the County fails to indicate where the property is located as a field in their database, it is Page 1 15 25B -41 impossible to challenge its incorrect assignment. In recent years we have been able to augment the unsecured roll addresses supplied from outside sources to bring the percentage of unsecured records in Santa Ana to 70 %. Audits will only be able to be performed on unsecured assessments with situs addresses. d. REVIEW OF COMPLETED NEW CONSTRUCTION Upon the City providing complete new construction notices for taxable events, HdLCC will match the permits with the appropriate parcels and track new construction activity after the release of subsequent tax rolls. New construction that results in the issuance of supplemental tax bills for additional taxes being due are all pooled countywide and the City of Santa Ana receives its proportionate share of the revenues collected from all cities based on this percentage. The following year when the parcel is enrolled with the additional value, the revenues flow to the city where the parcel resides. The reported information may be used to prepare Prop 4 and 111 State Appropriations Limit calculations. The City may also choose to use HdLCC's "Non- Residential New Construction Report" for this purpose. e. PROPERTY TAX APPLICATION The HdLCC web -based software application provides clients with a user - friendly tool to access the City's property tax data. HdLCC provides monthly updates to reflect changes in ownership and deed recordings. Assessment appeals data is updated quarterly. As modifications and enhancements are made to the program, clients receive the enhanced version of the software at no additional cost. The City will be granted a "site license" for the application, which does not limit the number of users. The software can be used to access secured, unsecured, cross reference, possessory interest, mineral rights and SBE non - operating unitary tax rolls. Unsecured assessments are linked to the corresponding secured parcels where parcel numbers match. This allows users to see all property tax records at a particular location. Geo areas as defined by the City can be created in the database by City staff or, upon supplying maps with the boundary area of each requested geo defined, will be created Page 1 16 25B -42 by HdLCC staff and are included in the cost of this proposal. Additional areas can be created at no cost as they become necessary. Property transfer information is updated monthly and the prior sales transactions are stored with each record for reference. Filtering is available for Pre -Prop 13 owned properties, non -owner occupied properties (absentee owners), specific focused uses, targeted values, and selection of various other property characteristics. The database can be sorted by parcel number, owner, situs address, county use code designation and tax rate area. Data can be exported from the database to Excel, CSV, Text or Html to allow for further analysis through an easy to use export feature. Custom exports are also available to link or integrate with city building or code enforcement products. Training will be provided annually at no additional cost to the client and HdLCC is available to answer questions, provide phone assistance or troubleshoot issues that arise between scheduled training events. Page 117 25B -43 Screen Captures of HdLCC Web based Property Tax Software Delivering Revenue, W.11irl Insight and Efficiency The City Of Santa Ana 1 1 t to Local Government 53,464 parcels Logout COREN &CONE jj l l cx4 � l Pa l l i i F ±73s , «t .'•i5 X31 v jl3 Y) Parcel 001-011-27 TRA '.11105 The City Of Santa Ana J Use RMFD Residential MULTI-FAMILY DWELLING Agency Santa ana CRA Bristol Col rider 1989-90 V Owner FPA4 VILLA SANTANA LLC zoning Region.. (unknown) i, Net AV $42,150,673 % Chg. from Prior Yr. 1 2.0% V SRUS - `2111 W 17TH ST SANTA ANA CA 92701 Revenue type: General Fund t j Successor Agency DBA Secured $28,093.22 % Share pf Tptal Tax 6.66% Mail Name: FPA4 VILLA5ANTANA LLC Unsecured $33.22 &Address :4685 MAC. ARTHUR Cr STE 400 NEWPORT BEACH CA 9266 Cross -Ref $0.00 Tax Bill $518,105.52 This Parcel Is:: ✓I Absentee Owned D Pre Prop 13 Total Rev $20,126 43 Values Sal- a xral 1 Appcab `U secured (C -Raf I Sea U011,1wa ' Last Sale Date 12118(2013 Bale Price $41,325,000 Curran[ Vaar Yaluas PH., Year Value Land Page 118 25B -44 f. CAFR REPORTS The HdLCC CAFR Package containing the following reports will be supplied to the City annually prior to the end of September: • Use Category Summary for the fiscal year of the CAFR • Property Tax Dollar Breakdown • Roll Summary for current fiscal year • Net taxable assessed value for last ten (10) fiscal years • Assessed value of taxable property: secured, unsecured and no- unitary for last ten fiscal years • Assessed value of taxable property by category for last ten fiscal years • Top ten property tax payers for current fiscal year • Top ten property tax payers ten (10) fiscal years ago • Direct and overlapping property tax rates for last ten (10) fiscal years • Demographic and economic statistics for last ten (10) calendar years • Single family residential sales value history • Direct and overlapping debt report g. ON -GOING CONSULTATION During the term of the contract HdLCC will serve as the City of Santa Ana's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On -going consultation would include, but not be limited to, inquiries resolved through use of the CITY's database. h. LEGISLATIVE ANALYSIS HdLCC will monitor and report on issues related to property tax legislation and coordinate with City's staff in connection with passed and potential property tax legislation and regulations. Page 1 19 25B -45 3. Utility Users' Tax 5 1/2 % - Electric, Gas, Telecommunications HdLCC declines to bid on Utility Users' Tax services. 4. Medical Marijuana Tax 50/o HdLCC declines to bid on Medical Marijuana Tax services. 5. Hotel Visitors' Tax 11% HdLCC declines to bid on Hotel Visitors' Tax services. 6. Supplemental Secured Property Tax Services — Direct Assessments Page 120 HdLCC declines to bid on Supplemental Secured Property Tax Services — Direct Assessments. 25B -46 D. CLIENT REFERENCES ATTACHMENT 5.1 CLIENT REFERENCE FORM Using the following format, please provide at five (5) client references for the services that you may be supplying. Name: HdL Coren & Cone Contact Name: Paula Cone Email: pcone(&hdIccp rope rtytax.com B. CLIENT INFORMATION Name of Organization: City of San Diego Phone: (619) 236 -5932 Address: 202 C Street, 8t Floor MS8A San Diems California 92101 Agreement Manager: Matthew Vespi Email: mvesoi(alsandieao.aov Service Dates: 2014 - Present Summary of Work Organization Engaged In: Property Tax Audit and Information Services Amount of Agreement: $ 35,000 Term of Agreement 5 Years Number of Client Staff Engaged: 9 Number of Locations 1 Indicate services that were provided: Property tax audit and information services including annual secured and unsecured audits, access to the HdLCC Property Tax Web Application revenue forecasting reports analytical services and ongoing consultation. The standard services are orovded with the exception of Successor Agency Services. Page 121 25B -47 ATTACHMENT 5 -2 CLIENT REFERENCE FORM Using the following format, please provide at five (5) client references for the services that you may be supplying. A. PROFESSIONAL CONSULTANT /VENDORINFORMATION Name: HdL Coren & Cone Contact Name: Paula Cone Email: pconefthdlccpropertytax.com S. CLIENT INFORMATION Name of Organization: City of Lake Forest Phone: (949) 461 -3431 Address: 25550 Commercecentre Drive 100 Lake Forest California 92630 Agreement Manager: Keith Neves Email: knevesCbblakeforestca.gov Service Dates: 1992 -2007 & 2013 - Present Summary of Work Organization Engaged In: Property Tax Audit and Information Services Amount of Agreement: $ 18,250 + 25% of audit recovery Term of Agreement 5 Years Number of Client Staff Engaged: 9 Number of Locations 1 C. TYPES OF SERVICES PROVIDED Indicate services that were provided: Property tax audit and information services including annual secured and unsecured audits access to the HdLCC Property Tax Web Application revenue forecasting reports analytical services and ongoing consultation Page 122 r ATTACHMENT 5 -3 CLIENT REFERENCE FORM Using the following format, please provide at five (5) client references for the services that you may be supplying. Name: HdL Coren & Cone Contact Name: Paula Cone Email: pcone@hdlccaropgrtytax.com Name of Organization: City of Huntington Beach Phone: (714) 536 -5630 Address: 2000 Main Street Huntington Beach, California 92648 Agreement Manager: Lori Ann Farrell Email: loriann .farrell(asurfcity- hb.orn Service Dates: 1991 - Present Summary of Work Organization Engaged In: Property Tax Audit and Information Services Amount of Agreement: $ 22,500 +25% of audit recovery Term of Agreement 5 Years Number of Client Staff Engaged: 9 Number of Locations 1 Indicate services that were provided: Property tax audit and information services including annual secured and unsecured audits, access to the HdLCC Property Tax Web Application revenue forecasting, reports, analytical services and ongoing consultation Page (23 25B -49 ATTACHMENT 5 -4 CLIENT REFERENCE FORM Using the following format, please provide at five (5) client references for the services that you may be supplying. Name: HdL Coren & Cone Contact Name: Paula Cone Email: econe @hdlccprooertytax.com Name of Organization: City of Long Beach Phone: (562) 570 -6869 Address: 333 W. Ocean Boulevard, 61h Floor, Long Beach, California 90802 Agreement Manager: Julissa Jose - Murray Email: Jul issa.Jose-M urray@longbeach.gov Service Dates: 1995- Present Summary of Work Organization Engaged In: Property Tax Audit and Information Services Amount of Agreement: $ 18,750 +25% audit revenue Term of Agreement 5 Years Number of Client Staff Engaged: 9 Number of Locations 1 C. TYPES OF SERVICES PROVIDED Indicate services that were provided: Property tax audit and information services including annual secured and unsecured _ audits access to the HdLCC Property Tax Web Application revenue forecasting reports analytical services and ongoing consultation Page 124 25B -50 ATTACHMENT 5 -5 CLIENT REFERENCE FORM Using the following format, please provide at five (5) client references for the services that you may be supplying. Name: HdL Coren & Cone Contact Name: Paula Cone Email: pcone(a)hdlccpropertytax.com Name of Organization: City of Santa Clarita Phone: (661) 284 -1435 Address: 23920 Valencia Boulevard, #300. Santa Clarita, California 91355 Agreement Manager: Darren Hernandez Email: DHernandez(o )Santa- clarita.com Service Dates: 2000 - Present Summary of Work Organization Engaged In: Property Tax Audit and Information Services Amount of Agreement: $ 19.500 +25% audit revenue Term of Agreement 2 Years Number of Client Staff Engaged: 9 Number of Locations 1 C. TYPES OF SERVICES PROVIDED Indicate services that were provided: Property tax audit and information services including annual secured and unsecured audits, access to the HdLCC Property Tax Web Application, revenue forecasting, reports analytical services and ongoing consultation. Page 125 25B -51 2. Client List Client Year Range(s) of Service Contact Phone CITY OF ADELANTO 2004- Present Larry Jarvis (760) 246 -2300 CITY OF AGOURA HILLS 1991 - Present Christy Pinuelas (818) 597 -7319 CITY OF ALAMEDA 2009- Present Elena Adair (510) 747 -4888 CITY OF ALHAMBRA 1991 - Present Paul Espinoza (626) 570 -5027 CITY OF ALISO VIEJO 2008 - Present Gina Tharani (949) 425 -2520 CITY OF AMERICAN CANYON 2007 - Present Sue Casey (707) 642 -1042 CITY OF ARCATA 1999 - Present Janet Luzzi (707) 825 -2120 TOWN OF ATHERTON 2012- Present Robert Barron (650) 688 -6528 CITY OF AVALON 2014- Present Gina Schuchard (310) 510 -0220 CITY OF AZUSA 1993 - Present Susan Paragas (626) 812 -5202 CITY OF BALDWIN PARK 1994- Present Rose Tam (626) 960 -4011 CITY OF BARSTOW 1991 - Present Cindy Prothro (760) 256 -3531 BARSTOW FIRE PROTECTION DISTRICT 2013 - Present Cindy Prothro (760) 256 -3531 CITY OF BEAUMONT 1997- Present Shaina Harwood (951) 769 -8520 CITY OF BELL GARDENS 1993 - Present Will Kaholokula (562) 806 -7708 CITY OF BELLFLOWER 1995- Present Tae Rhee (562) 804 -1424 BELLFLOWER SUCCESSOR AGENCY 1995- Present Jim DellaLonga (562) 804 -1424 CITY OF BENICIA 1993 - Present Karin Schnaider (707) 746 -4200 CITY OF BEVERLY HILLS 2013- Present Mark Brower (310) 285 -2447 CITY OF BIG BEAR LAKE 2007 - Present Kelly Ent (909) 866 -5491 CITY OF BLYTHE 2009- Present Christa Elms (760) 922 -6161 CITY OF BRENTWOOD 1997- Present Kerry Breen (925) 516 -5436 CITY OF BUELLTON 2000- Present Carolyn Galloway- Cooper (805) 687 -0137 CITY OF BUENA PARK 1998 - Present Sung Hyun (714) 562 -3713 CITY OF BURBANK 1992- Present Patrick Flynn (818) 238 -5504 CITY OF CALABASAS 1994 - Present Gary Lysik (818) 224 -1600 CITY OF CALEXICO 2015- Present Eduardo Gutierrez (760) 768 -5421 CITY OF CALISTOGA 2001- Present Gloria Leon (707) 942 -2803 CITY OF CAMARILLO 2008- Present Ronnie Campbell (805) 388 -5316 CITY OF CARSON 1992 - Present Trinidad Catbagan (310) 830 -7600 CITY OF CATHEDRAL CITY 1997 - Present Tam Scott (760) 770 -0354 CITY OF CERRITOS 1994 - Present Denise Manoogian (562) 916- 1314 CITY OF CHICO 1994 - Present Chris Constantin (530) 896- 7301 CITY OF CHINO 1991 - Present Robert Burns (909) 334 -3341 CHINO VALLEY INDEPENDENT FIRE DISTRICT 1996 -2001; 2009- Present Steve Heide (909) 902 -5260 CITY OF CITRUS HEIGHTS 1997 - Present Stefani Daniell (916) 727 -4776 CITY OF CLAREMONT 1995- Present Adam Pirrie (909) 399 -5460 COACHELLA VALLEY WATER DISTRICT 2013 - Present Kay Godbey (760) 398 -2661 CITY OF COLTON 2000- Present Anita Agramonte (909) 370 -5099 Page 1 26 25B -52 CITY OF COMMERCE 1994 - Present Vilko Domic (323) 838 -4266 CITY OF CONCORD 2009 - Present Karan Reid (925) 671 -3192 CITY OF CORONADO 2015- Present Emad Gewaily (619) 522 -7300 CITY OF COTATI 2001 -2002; 2015- Present Norman Veloso (707) 665 -4236 CITY OF COVINA 1993 - Present Dennis Swink (626) 858 -7212 CITY OF CUDAHY 1995- Present Steven Dobrenen (323) 773 -5143 CITY OF CULVER CITY 2001- Present Nagam Rao (310) 253 -5889 TOWN OF DANVILLE 2004 - Present Lani Ha (925) 314 -3358 CITY OF DESERT HOT SPRINGS 2008 - Present Joe Tanner (760) 329 -6411 CITY OF DIAMOND BAR 2015- Present Dianna Honeywell (909) 839 -7051 CITY OF DIXON 2013 - Present Joan Michaels - Aguilar (707) 678 -7000 CITY OF DOWNEY 1995- Present Anil Gandhy (562) 904 -7265 CITY OF DUBLIN 1995- Present Colleen Tribby (925) 833 -6654 CITY OF EASTVALE 2013- Present James Riley (951) 361 -0900 CITY OF EL CERRITO 2010 - Present Lisa Malek -Zadeh (510) 215 -4312 CITY OF EL SEGUNDO 1997 - Present Misty Chang (916) 983 -7111 CITY OFENCINITAS 1997 - Present Tim Nash (760) 633 -2600 CITY OF EUREKA 1999 - Present Wendy Howard (707) 441 -4114 CITY OFFAIRFIELD 1994 - Present Fred Marsh (707) 428 -7495 CITY OF FONTANA 1995- Present Lisa Strong (909) 350 -7671 CITY OF FORTUNA 1999 - Present Marie Essig (707) 725 -7600 CITY OF FOUNTAIN VALLEY 1998 - Present David Cain (714) 593 -4501 CITY OF FREMONT 1997- Present David Persselin (510) 284 -4000 CITY OF FULLERTON 2010 - Present Julia James (714) 738 -6522 CITY OF GARDEN GROVE 1998- Present Kingsley Okereke (714) 741 -5000 CITY OF GLENDALE 1993 - Present Bob Elliot (818) 548 -2085 CITY OF GLENDORA 1995- Present June Overholt (626) 914 -8200 CITY OF GOLETA 2014- Present Genie Wilson (805) 961 -7527 CITY OF GONZALES 2007- Present Rene Mendez (831) 675 -5000 CITY OF GREENFIELD 2008 - Present Jeri Corgill (831) 674 -5591 CITY OF HAWAIIAN GARDENS 2006 - Present Linda Hollinsworth (562) 420 -2641 CITY OF HAYWARD 2015- Present Tracy Vesely (510) 293 -7033 CITY OF HEMET 1995 -2014; 2016- Present Jessica Hurst (951) 765 -2300 CITY OF HERCULES 2014 - Present David Biggs (510) 799 -8200 CITY OF HERMOSA BEACH 1999 - Present Viki Copeland (310) 318 -0226 CITY OF HESPERIA 2007 -- Present George Pirsko (760) 947 -1316 CITY OF HOLTVILLE 2011- Present Nick Wells (760) 356 -2912 CITY OF HUNTINGTON BEACH 1991 - Present Lori Ann Farrell (714) 536 -5630 CITY OF HUNTINGTON PARK 1991 - Present Annie Ruiz (323) 584 -6237 CITY OF HURON 2009 - Present Carolina Camacho (559) 945 -2241 CITY OF IMPERIAL 2006 - Present Marlene Best (760) 355 -4371 IMPERIAL BEACH SUCCESSOR AGENCY 2004 - Present Doug Bradley (619) 628 -1361 CITY OF INDIO 1992 - Present Rob Rockwell (760) 391 -4029 Page 127 25B -53 CITY OF INDUSTRY 1991 - Present Kevin Radecki (626) 333 -2211 CITY OF INGLEWOOD 1992 - Present Sharon Koike (310) 412 -5301 CITY OF IRVINE 2007- Present Melinda Neumann (949) 724 -6001 IRWINDALE COMMUNITY REDEV AGENCY 1995- Present Eva Carreon (626) 430 -2221 CITY OF JURUPA VALLEY 2014- Present Alan Kreimeier (909) 623 -0880 CITY OF KING CITY 1997 - Present Pat Grainger (831) 386 -2950 CITY OF LA HABRA 1998 - Present Mel Shannon (562) 905 -9732 CITY OF LA HABRA HEIGHTS 2008- Present Shauna Clark (562) 694 -6302 CITY OF LA MIRADA 2002- Present Anne Haraksin (562) 943 -0131 CITY OF LA PALMA 1998- Present Laurie Murray (714) 690 -3338 CITY OF LA PUENTE 2010- Present Robbeyn Bird (626) 855 -1500 CITY OF LA VERNE 1991- Present Richard Martinez (909) 596 -8726 CITY OF LAKE ELSINORE 2007- Present Jason Simpson (951) 674 -3124 CITY OF LAKE FOREST 1992 -2008; 2013- Present Keith Neves (949) 461 -3431 CITY OF LAKEWOOD 1993 - Present Diane Perkin (562) 866 -9771 CITY OF LAWNDALE 1995- Present Ken Louie (310) 973 -3241 CITY OF LEMON GROVE 1996 - Present Cathleen Till (619) 825 -3800 CITY OF LIVE OAK 2011 - Present Joe Aguilar (530) 695 -2112 CITY OF LIVERMORE 1992 - Present Doug Alessio (925) 960 -4000 CITY OF LIVINGSTON 2007- Present Odilon Ortiz (209) 394 -8041 CITY OF LONG BEACH 2001- Present Julissa Jose - Murray (562) 570 -7611 CITY OF LOS ALAMITOS 2005- Present Jason AI -Imam (562) 431 -3538 CITY OF LOS ALTOS 2014- Present Kim Juran- Karageorgiou (650) 947 -2836 TOWN OF LOS ALTOS HILLS 2004- Present Pak Lin (650) 947 -2512 CITY OF MANHATTAN BEACH 1996 - Present Bruce Moe (310) 802 -5552 CITY OF MARTINEZ 2009- Present Cathy Spinella (925) 372 -3579 CITY OF MARYSVILLE 2015- Present SatwantTakhar (530) 749 -3935 CITY OF MENIFEE 2011- Present Bruce Foltz (951) 672 -6777 CITY OF MISSION VIEJO 1995- Present Josephine Julian (949) 470 -3059 MISSION VIEJO SUCCESSOR AGENCY 2001 - Present Josephine Julian (949) 470 -3059 MOJAVE WATER AGENCY 2011- Present Kathy Cortner (760) 946 -7054 CITY OF MONROVIA 1992 - Present Mark Alvarado (626) 932 -5510 CITY OF MONTCLAIR 1991- Present Donald Parker (909) 626 -8571 CITY OF MONTEBELLO 1991 - Present Francesca Schuyler (323) 887 -1412 CITY OF MONTEREY PARK 1993- Present Annie Yaung (626) 307 -1349 CITY OF MOORPARK 1995- Present Ron Ahlers (805) 517 -6249 MORAGA- ORINDA FIRE DISTRICT 2011 - Present Gloriann Sasser (925) 258 -4530 CITY OF MORENO VALLEY 2002 - Present Brooke McKinney (951) 413 -3077 MOULTON NIGUEL WATER DISTRICT 2011 - Present Drew Atwater (949) 448 -0404 CITY OF MOUNTAIN VIEW 1995- Present Helen Ansted (650) 903 -6011 CITY OF NATIONAL CITY 1998 - Present Mark Roberts (619) 336 -4330 CITY OF NEWPORT BEACH 2012- Present Steve Montano (949) 644 -3240 Page 128 25B -54 CITY OF NORCO 1994- Present Andy Okoro (951) 270 -5617 CITY OF NORWALK 1996 - Present Jana Stuard (562) 929 -5750 CITY OF OAKLAND 1994- Present Margaret O'Brien (510) 238 -3301 CITY OF OCEANSIDE 2008 - Present Jane McPherson (760) 435 -4500 CITY OF ORANGE 1999- Present Will Kolbow (714) 744 -5500 CITY OF OXNARD 2005 -2006; 2012 -2013; 2016 Maria Hurtado (805) 385 -7430 OXNARD COMMUNITY DEV COMMISSION 1999 - Present Kymberly Horner (805) 385 -7853 PALMDALE ECONOMIC DEVELOPMENT 1993 - Present Betsy St. John (661) 267 -5100 CITY OF PALOS VERDES ESTATES 1997 - Present Donna Coonan (310) 378 -0383 CITY OF PARAMOUNT 1991 - Present Karina Lam (562) 220 -2000 CITY OF PARLIER 2015- Present Jasmin Bains (559) 646 -3545 CITY OF PASO ROBLES 2001 - Present Jim Throop (805) 237 -3888 PASO ROBLES SUCCESSOR AGENCY 2001 - Present Jim Throop (805) 237 -3888 CITY OF PICO RIVERA 1994- Present Kambiz Borhani (562) 942 -2000 CITY OF PINOLE 1999 - Present Andrea Miller (510) 724 -9823 CITY OF PISMO BEACH 2007- Present Susan West -Jones (805) 773 -7012 CITY OF PLACENTIA 2003 - Present Linda Magnuson (714) 993 -8117 PLEASANT HILL SUCCESSOR AGENCY 2008- Present Mary McCarthy (925) 671 -5270 CITY OF PLEASANTON 1997 - Present Mary McCarthy (925) 671 -5270 CITY OF RANCHO CUCAMONGA 2000 - Present Tamara Layne (909) 477 -2700 CITY OF RANCHO MIRAGE 1998 - Present Isaiah Hagerman (760) 770 -3207 CITY OF RANCHO SANTA MARGARITA 2000 - Present Stefanie Turner (949) 635 -1800 CITY OF RED BLUFF 2007- Present Sandy Ryan (530) 527 -2605 CITY OF REDLANDS 2007- Present Tina Kundig (909) 798 -7543 CITY OF REDONDO BEACH 1992 - Present Craig Koehler (310) 937 -6629 CITY OF RIALTO 1991 - Present George Harris (909) 820 -2525 CITY OF RIVERSIDE 2008 - Present Brent Mason (951) 826 -5660 CITY OF ROCKLIN 2005- Present Kim Sarkovich (916) 625 -5025 CITY OF ROSEMEAD 2007- Present Carolyn Chu (626) 569 -2100 TOWN OF ROSS 2013 - Present Joe Chin (415) 453 -1453 SACRAMENTO METROPOLITAN FIRE DIST 2011- Present Ken Campo (916) 859 -4300 CITY OF SAN BERNARDINO 2010- Present Veronica Martinez (909) 384 -5242 CITY OF SAN CARLOS 1993- Present Tracy Kwok (650) 802 -4100 CITY OF SAN CLEMENTE 2007- Present Judi Vincent (949) 361 -8200 CITY OF SAN DIEGO 2014 - Present Matt Vespi (619) 235 -5714 CITY OF SAN DIMAS 1991 - Present Steven Valdivia (909) 394 -6224 CITY OF SAN FERNANDO 1995- Present Nick Kimball (818) 898 -1200 CITY OF SAN JACINTO 1991 - Present Tom Prill (909) 654 -7337 CITY OF SAN MATEO 2010 - Present Drew Corbett (650) 522 -7660 CITY OF SAN PABLO 2009- Present Kelly Sessions (510) 215 -3021 CITY OF SAN RAFAEL 1997- Present Mark Moses (415) 458 -5018 Page 129 25B -55 SAN RAMON VALLEY FIRE PROTECTION DIST 2014- Present Ken Campo (925) 838 -6600 CITY OF SAND CITY 2001- Present Linda Scholink (831) 394 -3054 CITY OF SANTA BARBARA 2015- Present Julie Nemes (805) 897 -2335 CITY OF SANTA CLARITA 2008- Present Darren Hernandez (661) 284 -1435 CITY OF SANTA CRUZ 2001- Present Marl< Pimentel (831) 420 -5150 CITY OF SANTA MARIA 2000- Present Rene Vise (805) 925 -0951 CITY OF SANTA MONICA 1997 - Present Gigi Decavalles- Hughes (310) 458 -8281 CITY OF SANTA PAULA 2007 - Present Sandy Easley (805) 525 -4478 CITY OF SANTEE 2005- Present Tim McDermott (619) 258 -4100 CITY OF SEAL BEACH 1999 - Present Vikki Beatley (562) 431 -2527 CITY OF SEASIDE 2003- Present Daphne Hodgson (831) 899 -6718 CITY OF SIERRA MADRE 2006- Present Marcie Medina (626) 355 -7135 CITY OF SIGNAL HILL 1995- Present Terri Marsh (562) 989 -7319 CITY OF SIMI VALLEY 2007 -2012; 2015- Present Rebekka Hosken (805) 583 -6937 CITY OF SOLEDAD 2006- Present Adela Gonzales (831) 223 -5000 CITY OF SOUTH GATE 2005- Present Jackie Acosta (323) 563 -9524 CITY OF SOUTH PASADENA 2009- Present David Batt (626) 403 -7252 CITY OF STANTON 1995- Present Stephen Parker (714) 890 -4226 CITY OF STOCKTON 2007- Present Kimberly Trammel (209) 937 -8460 CITY OFSUISUN 2015- Present Jason Garben (707) 421 -7347 CITY OF SUNNYVALE 1996 - Present Tim Kirby (408) 730 -7603 CITY OF TAFT 1993- Present Teresa Binkley (661) 763 -1350 CITY OF TEMECULA 1992- Present Jennifer Hennessy (909) 694 -6430 CITY OF TEMPLE CITY 1992 - Present Tracey Hause (626) 285 -2171 CITY OF THOUSAND OAKS 2008- Present John Adams (805) 449 -2235 CITY OFTUSTIN 2010 - Present Sean Tran (714) 573 -3078 CITY OF UNION CITY 2009- Present Tony Acosta (510) 471 -3232 CITY OF UPLAND 1991 - Present Scott Williams (909) 931 -4100 CITY OF VACAVILLE 2000 - Present Jeremy Craig (707) 449 -5104 CITY OF VALLEJO 2001- Present Ron Millard (707) 648 -4527 CITY OF VERNON 1998 - Present William Fox (323) 583 -8811 CITY OF VISTA 1996 - Present Lauren Warrem (760) 726 -1340 CITY OF WEST COVINA 1996- Present Christa Buhagiar (626) 939 -8463 CITY OF WEST HOLLYWOOD 1991 - Present David Wilson (323) 848 -6400 WESTERN MUNICIPAL WATER 2011- Present Kevin Mascaro (951) 571 -7160 CITY OF WESTMINSTER 1994 - Present Erin Backs (714) 898 -3311 CITY OF WHITTIER 1993- Present Rod Hill (562) 567 -9815 CITY OF YORBA LINDA 1995- Present David Christian (714) 961 -7141 CITY OF YUBA CITY 1998 - Present Robin Bertagna (530) 822 -4615 3. Terminations from Public Agencies Page 130 25B -56 HcIL Coren and Cone has only been terminated from one agency in the last three years. The City of Murrieta cancelled due to budget problems in 2013. E. Cost /Bid Proposal Page 131 25B -57 I_rirCaaiLl40It91 COST /BID PROPOSAL FORM - RFP No. 16 -022 NOTE 1: Submit and label a separate COST /BID Proposal Form for each proposed source of revenue bid under Section III [Scope of Services and Time of Performance], subsection (A) [Sources of Revenue] and /or for each desired response item bid - numbered (1) through (5) - as described in Section I [Introduction], subsection (A) [Purpose]. In compliance with the Agreement Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for (label) Secured and Unsecured Property Tax. The Work is to be done in strict conformity with the Agreement Documents now on file in the Finance & Management Services Agency, Treasury & Customer Service Division, for the following sum: Revenue Auditing, Recovery, Reporting, Analysis, and Legislative /State Agency Liaison and Implementation Monitoring Services - Cost /Bid Proposal All Fiscal Years below must be bid in order for the quote to be considered responsive except where bidder specifies a future commencement date of performance. NOTE 2: At Proposer's discretion from 1 to 4 Options may be bid in alternative or in combination to one another. PROPOSER'S NAM If awarded the Agreement, the undersigned agrees to sign said Agreement and furnish the necessary surety bonds and insurance certificates within thirty (30) days after receipt of the notice of award of Agreement, and to begin work when directed by the City. It is understood that this Cost /Bid Proposal is based upon completion of Work commencing on the date set forth in the Agreement issued by the City to the Professional Consultant /Vendor. In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures. When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Project Coordinators' estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City such a procedure would be inconsistent with the policy of the Page 132 25B -58 Option 1 Option 2 Option 3 Option 4 Fixed Flat Pecentage of Pecentage of Time and Fiscal Year Fee Revenue Revenue Expenses Source Source 1. FY 2016 -17 $ 23,250 2. FY 2017 -18 $ 23,250 3. FY 2018 -19 $ 23,250 4. FY 2019 -20 $ 23,250 5. FY 2020 -21 $ 23,250 NOTE 2: At Proposer's discretion from 1 to 4 Options may be bid in alternative or in combination to one another. PROPOSER'S NAM If awarded the Agreement, the undersigned agrees to sign said Agreement and furnish the necessary surety bonds and insurance certificates within thirty (30) days after receipt of the notice of award of Agreement, and to begin work when directed by the City. It is understood that this Cost /Bid Proposal is based upon completion of Work commencing on the date set forth in the Agreement issued by the City to the Professional Consultant /Vendor. In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures. When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Project Coordinators' estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City such a procedure would be inconsistent with the policy of the Page 132 25B -58 bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain only total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the Project Manager's estimate of the estimated quantities of work to be performed as items of work. If the Proposal contains neither the source of revenue price nor the total response item price item, then it shall be deemed incomplete and the Proposal shall be disregarded. The undersigned has examined or is otherwise familiar with the location of the proposed Work and the local conditions at the place where the Work is to be done. The undersigned has checked carefully all of the foregoing figures and understands that the City of Santa Ana will not be responsible for any errors or omissions on the part of the undersigned in making up this Cost /Bid Proposal. The undersigned agrees that all addenda received and acknowledged herein shall become a part of and be included in this Cost /Bid Proposal. This Cost /Bid Proposal includes the following addenda: Addenda # 1 Date February 25, 2016 Addenda # 2 Date March 10, 2016 Addenda # 3 Date March 18, 2016 If the bidder is a corporation, the Cost /Bid Proposal must be executed in the name of the corporation and must be signed by a duly authorized officer of the corporation. If the bidder is a limited liability company, the Cost /Bid Proposal must be executed in the name of the company and must be signed by a duly authorized managing member of the company. If the bidder is a partnership or co- partnership, the Cost /Bid Proposal must be executed in the name of the partnership / co- partnership and one of the partners / co- partners must subscribe their signature thereto as the authorized representative of the partnership or copartnership If the bidder is a joint venture, the Cost /Bid Proposal must be executed in the name of the joint venture and must be signed by a duly authorized representative of the joint venture. PROPOSER: HdL Coren & Cone Signature Print Name Paula Cone Title President Address 1340 Valley Vista Drive 200 City Diamond Bar State CA Zip 91765 Telephone (909) 861 -4335 Fax (909)861 -7726 Email pconeOhdlccpropertytax.com Tax ID Numbers - Federal 95- 4398586 State 397- 0617 -1 City of Santa Ana Business License Tax Certificate Number [Business License Tax Certificate must be provided prior to final issuance of Professional Consultant Agreement] Page 133 25B -59 ATTACHMENT PROPOSER'S CERTIFICATION FORM CERTIFICATION OF RESPONSE TO REQUEST FOR PROPOSALS TO THE CITY OF SANTA ANA RFP No. 16 -022 1. The undersigned hereby submits its Response to Request for Proposals quotation and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposals (RFP), dated February 11, 2016, and to be bound by the terms and conditions of the RFP and any subsequent Addenda to said RFP. 2. This firm has carefully reviewed its response and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them. 3. It is understood and agreed that the City reserves the right to accept or reject any or all responses and to waive any informality or irregularity in any quotation received by the City. 4. The response includes all of the commentary, figures and data required by the Request for Proposal, dated February 11, 2016 together with any Addenda subsequently issued thereto. 5. This firm has carefully read and fully understands all of the items contained in the Proposal Schedule (Attachment 8). This firm agrees to all of the general requirements except for those disclosed by the firm in its Response to Request for Proposals quotation(s) - RFP No. 16 -022. 6. The quotations shown on this firm's Cost /Bid Proposal Form(s) (Attachment 6) shall be valid for 120 days from March 31, 2016. Name of Firm: HdL Coren & Cone By: Paula Cone (Authorized Signature) Type Name: Paula Cone Title: President Date: Aoril 5, 2016 Page 134 25B -60 EXHIBIT "B" SCHEDULE OF PERFORMANCE TIMELINE FOR DELIVERABLES July /August Data available for purchase from counties September 30 Dataset and software available for installation on city computers September- October Unsecured audits performed and forwarded to county assessor October - February Delivery of preliminary property tax reports December Appeals quarterly updates emailed in counties where the data is available March Appeals quarterly updates emailed in counties where the data is available March /April General Fund Budget Projections April /May Final Books — Addendums emailed to clients June Appeals quarterly updates emailed in counties where the data is available Ongoing Secured Audits — City Revenue audits of City and District receipts for correctness Property sales reports City mid -year budget reviews and budget projections Analytical work at the request of clients Monthly updates of database with property sale information 25B -61 EXHIBIT "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The CITY of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the CITY of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective,) Effective Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a part of 25B -62 EXHIBIT 2 Consultant Services Agreement This Consultant Services Agreement (the "Agreement ") is made as of the 18th day of October, 2016 by and between HdL Software LLC, a California company ( "CONSULTANT ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY "). In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: IT�dYln1�'? A. Hotel Visitors' Tax revenues can be verified and potentially increased through a system of continuous compliance monitoring and auditing. B. An effective program of Hotel Visitors' Tax management will assist CITY in fiscal, economic and community development planning. C. CITY desires to enforce its Hotel Visitors' Tax Ordinance and other ancillary lodging property requirements as set forth in Chapters 21, 35, and 41 of the Santa Ana Municipal Code to ensure compliance in regulations and filing procedures and to maximize City revenues. D. CONSULTANT is experienced state -wide in performing Hotel Visitors' Tax compliance services and revenue auditing and has the programs, equipment and personnel required to deliver the Hotel Visitors' Tax services referenced herein. E. The CITY desires to retain a consultant having special skill and knowledge in the field of professional services for Hotel Visitors' Tax Revenue Auditing, Recovery, Reporting, Analysis, and Legislative /State Agency Liaison and Implementation Monitoring Services as specified herein. F. In undertaking the performance of this Agreement, CONSULTANT represents that it possesses the necessary knowledge, qualifications, skills and personnel to provide such services. CONSULTANT warrants that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: CITY hereby retains CONSULTANT, and CONSULTANT hereby agrees to provide such services as are set forth hereinbelow, in accordance with the terms and conditions of this Agreement, and represents and warrants to CITY that CONSULTANT accepts such assignment to perform those services, subject to those terms and conditions. 1. SCOPE OF SERVICES Specific services to be performed by CONSULTANT are as described in Exhibit "A" 25B -63 2. COMPENSATION CITY agrees to compensate CONSULTANT for services under this Agreement as described in Exhibit "B ". 3. TERM OF AGREEMENT The initial term for the provision of services as set forth in Section 1 of this Agreement shall be for a period of two (2) years commencing January 1, 2017, with one (1) one -year option exercisable in the sole discretion of the City, by a writing executed by the City Manager and the City Attorney, if neither party has terminated said Agreement in accordance with the process for termination as set forth in Exhibit "C ", Section 3 -7.0. 4. GENERAL TERMS AND CONDITIONS The General Terms and Conditions for this Agreement are as described in Exhibit "C ". 5. NOTICE All notices required by this Agreement shall be given to the CITY and to CONSULTANT in writing, by personal delivery or first class mail postage prepaid, addressed as follows: CITY Francisco Gutierrez Executive Director Finance and Management Services Agency 20 Civic Center Plaza (M -17) Santa Ana, CA 92701 CONSULTANT George Bonnin HdL SOFTWARE, LLC 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 CONSULTANT shall perform all services with the necessary knowledge and skills required to perform the tasks. CONSULTANT or personnel of CONSULTANT engaged in the performance of such services shall not represent themselves to be, nor shall they be deemed to be, employees of CITY for any purpose whatsoever. 6. COORDINATION OF WORK Contract Officer The Contract Officer shall be the person designated hereunder by CITY. It shall be the CONSULTANT'S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement. City of SANTA ANA Willard V. Holt Contract Officer Treasury and Customer Services Manager 25B -64 7. ADDITIONAL SERVICES Extra Work CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. Change Order No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer to the CONSULTANT, incorporating therein any material adjustment in the contract and /or the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. 8. PERFORMANCE OF SERVICES - COOPERATION & ASSISTANCE CITY agrees that its employees will cooperate with and assist representatives of CONSULTANT in every reasonable way to enable CONSULTANT to secure all information and data required to perform the services herein provided for. CONSULTANT shall have no liability for defects in the services attributable to CONSULTANT's reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by CITY or third parties retained by CITY. 9. PUBLIC RELEASE AND STATEMENTS Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other's activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party's prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section. 10. EQUAL OPPORTUNITY TO DRAFT The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 11. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. In the event of any conflict between the provisions of this 25B -65 Agreement and those set forth in any Exhibit referenced and incorporated herein, the provisions of the Consultant Services Agreement shall prevail. 12. INTEGRATION; AMENDMENT It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 13. SEVERABILITY In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 14. EXECUTION Corporate Authority - The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. Counterpart Signature and Delivery - This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties. N N {Signatures on following page} 25B -66 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO CITY Attorney By: Z "<,..-- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency 5 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Robert Gray President, HdL Software LLC 25B -67 EXHIBIT "A" SCOPE OF SERVICE 1. HOTEL VISITORS' TAX AUDIT PROGRAM 1 -1.0 Scope of Service The Hotel Visitors' Tax Program provided by CONSULTANT takes a unique approach in ensuring compliance, educating hoteliers in Hotel Visitors' Tax regulations and filing procedures, and maximizing CITY revenues. CONSULTANT's program involves a multi -phase business friendly approach that reduces potential administration costs for the CITY and provides the CITY with assurances of future compliance and reporting practices from the CITY lodging industry. CONSULTANT's phased approach starts with a detailed analysis of all of the lodging providers registered with the CITY. A preliminary report of the analysis is reviewed with the CITY and used for planning of specifics in the following phase. Audits will be conducted in Phase 2 of the program for those lodging providers that were selected for audit in the analysis. 1 -1.1 Phase 1 —Hotel Visitors' Tax Analysis Ordinance and Filing Procedure Review - Analysis of Hotel Visitors' Tax ordinances and CITY procedures are conducted to identify possible deficiencies or other administration related issues. Recommendations are made by the audit team for items such as best practices, form design, and potential ordinance modifications and /or administrative rulings or guidelines to insure the most effective policies and controls. Analysis Report - CONSULTANT's audit team will obtain and conduct a review of the most recent thirty -six (36) months of Hotel Visitors' Tax filings. In order to verify and augment the data, the audit team will compile a variety of supplemental information on each property, including number of rooms, occupancy rate, physical condition, and business dynamics. Data is then further scrutinized in order to identify unusual or suspicious reporting and /or other variables that indicate cause for further review. Information and findings are documented in the analysis report for review with CITY. Analysis Review - Upon completion of the analysis report, CONSULTANT shall schedule a meeting with CITY to review the results as well as identify and recommend lodging providers who require additional investigation or examination to determine their compliance with the CITY's ordinance. 1 -1.2 Phase 2 — Lodging Provider Audits Audit Notification & Scheduling — Lodging providers selected by CONSULTANT that have been approved by the CITY are sent a letter and scheduled for a Compliance Analysis Audit. Every effort is made to promote a positive experience for the taxpayer. Businesses will be reminded of the documents required for the audit that were discussed in webinars and previous communications (to include the lesser of the most recent forty -eight (48) months of Hotel Visitors' Tax filings or the number of monthly filings since the most recent City of Santa Ana Hotel r Visitors' Tax close -out audit, period audit, ownership participation agreement audit, or hotel development incentive program audit. Lodging providers are afforded the opportunity to schedule flexible appointment times by contacting CONSULTANT'S Business Support Center or online support center. Compliance Analysis & Audit - The CONSULTANT audit team reviews the books and records of the lodging provider to determine compliance with CITYS's Hotel Visitors' Tax ordinance and regulations. CONSULTANT validates taxable gross rents, guest exemptions, bank statements, daily /monthly summaries, and other relevant information for determining compliance. Supporting documentation for relevant items such as exemptions will also be documented for accuracy. Pre -Audit Review Requirements: a. Review recommended schedule of lodging provider compliance audit reviews with CITY and obtain approval of schedule; CITY Requirements: Prior to the start of the work to be performed, provide CONSULTANT with (1) the most recent Hotel Visitors' Tax registration to collect the tax; (2) return facsimiles and electronic filing data for the time period requested as needed to compile a historical database for the agreed to period of the audit review; and (3) corresponding Business License Tax returns. ii. Inform CONSULTANT of any special circumstances concerning current existing payees; iii. Inform CONSULTANT of the development of new lodging properties no later than the issue of a business license for the operation of a such property; iv. Inform CONSULTTNT of sales /transfers of lodging properties or cessation of lodging businesses; v. Cooperate in the compliance audit review process by reviewing proposed processing and materials, offering comments and recommendations and providing timely approvals. b. Confer with CITY on development of comprehensive list of records required to be made available by lodging providers based on size, type and scope of lodging services being provided; c. Review together with CITY and approve a draft engagement announcement letter to be sent to each lodging provider; Audit Review a. Examine records pertaining to Hotel Visitors' Tax for each lodging provider selected for a compliance audit review. b. Verify accuracy of filed Hotel Visitors' Tax returns with daily and monthly activity summaries; c. Review a random sample of the daily and monthly summaries to determine if the daily summaries reconcile to the monthly summaries; 25B -69 d. If CONSULTANT believes such a review is warranted, review secondary and tertiary documentation such as bank statements to verify that deposits reconcile with the reported revenue on the Hotel Visitors' Tax returns or other tax filings e. Review exempted revenue for proper supporting documentation; Audit & Compliance Report — Upon completion of the audit and analysis, and prior to additional actions, a compliance report is generated and reviewed (along with supporting electronic working documents) with the CITY. The report indicates specific results of the reviews and recommended actions. Documentation will be included with the report to assist the CITY and CONSULTANT in determining next steps. a. Submit to designated City staff a compliance review report that includes I. CONSULTANT's audit review findings; ii. For each lodging provider error or omission identified and confirmed, accompanying documentation that CONSULTANT believes is necessary to facilitate recovery of revenue due from lodging providers for prior periods; iii. Draft notices of deficiency determination, commendation and warning letters as applicable; and recommendations; b. Coordinate with designated CITY staff as necessary to review compliance review report; c. Provide assistance to CITY in reviewing any matters submitted in extenuation and mitigation by lodging providers in contesting a deficiency determination; and d. Prepare and document any changes to the compliance review findings and provide revised tax, interest or penalty amounts due CITY. Deficiency and Commendation Notification — Upon final review with the CITY, businesses that are found to have deficiencies are notified of the findings as well as payment and appeal processes. Appointments are also scheduled to review the findings and educate taxpayers on proper filing procedures designed to prevent future errors and deficiencies. Lodging Providers found to be in compliant, are sent a commendation letter thanking them for their cooperation and compliance. 1 -2.0 Invoicing & Collections At the option of CITY, lodging providers found to be underreporting may be invoiced by CONSULTANT for remittance deficiencies, penalty and late interest charges (as applicable) through a standard CITY approved collections process identical to the procedures approved for other CONSULTANT revenue collection programs. Lodging providers will have access to all of the services provided including CONSULTANT's Business Support Center and online support systems. Balances are collected and remitted along with supporting documentation to CITY through approved remittance processes. Alternatively, CITY may elect, either generally or on a case -by -case basis, to directly invoice and collect remittance deficiencies, penalty and late interest charges 25B -70 (as applicable) based on CONSULTANT's audit findings, reports, and supporting electronic working documents. 1 -3.0 City Staff Training At the discretion of CITY, CONSULTANT shall provide collaborative training to qualified CITY auditing staff to perform Hotel Visitors' Tax auditing to industry best practices standards of quality and detail. 25B -71 EXHIBIT "B" COMPENSATION 2. Hotel Visitors' Tax Audit Service 2 -1. Phase 1 — CONSULTANT will review all lodging provider properties to identify potential compliance issues at a fixed fee of $500 /per active lodging provider. 2 -2. Phase 2 — With the CITY's approval, CONSULTANT will conduct a Phase 2 audit of lodging properties selected by CITY at a fixed fee of $1,000 per audit plus any travel related expenses. 2 -3. Travel Related Expenses — Travel related expenses are billed at cost and apply to all audits and other program meetings; including process, pre- installation, installation, training, and support visits. Travel expenses include, but are not limited to, the costs of lodging, car rental, gasoline, or other transportation. CONSULTANT is dedicated to conserving public funds, and warrants that any travel and lodging expenses shall be required and reasonable. Travel related expenses for any single meeting or audit shall not exceed $2,500 without prior written approval of the CITY Contract Officer. 2 -4. Payment - CONSULTANT will provide detailed invoices for all work completed. CITY will submit payment to CONSULTANT within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures and proof of insurance as set forth in Exhibit "C ", Section 3 -5.0. 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. to 25B -72 EXHIBIT "C" GENERAL TERMS AND CONDITIONS 3.0 OWNERSHIP OF MATERIALS, CONFIDENTIALITY. a. Agency Data. CONSULTANT acknowledges that the data provided by the CITY ( "Agency Data ") during the course of this Agreement is the property of the CITY. CITY authorizes CONSULTANT to access, import, process and generate reports from the Agency Data with its various proprietary systems. No confidential or otherwise sensitive information will be released. If appropriate, at the termination of this Agreement the Agency Data will be made available to the CITY in a format acceptable to both the CITY and CONSULTANT. b. Proprietary Information. As used herein, the term "proprietary information" means any information which relates to CONSULTANT's software systems, audit processes or related services, techniques, or general business processes. CITY shall hold in confidence and shall not disclose to any other party any CONSULTANT proprietary information in connection with this Agreement, or in any other manner learned or obtained by the CITY in connection with this Agreement, whether through CONSULTANT's collaborative training of CITY staff, or otherwise. The obligations imposed by this Paragraph shall survive any expiration or termination of this Agreement. The terms of this section shall not apply to any information that is public information. 3 -1.0 OPTIONAL SERVICES Optional services beyond the scope of this Agreement are available at CONSULTANT's hourly rates in effect at the time service is requested. CONSULTANT will provide CITY, a Statement of Work specifying the scope, timeline, and cost for the requested service. Depending on the personnel assigned to perform the work, CONSULTANT's standard hourly rates range between $75 and $275 per hour. 3 -2.0 MISCELLANEOUS EXPENSES CONSULTANT will notify the CITY of any miscellaneous expenses and request authorization to proceed. CONSULTANT will not be reimbursed for any miscellaneous expenses unless authorized by the CITY. Miscellaneous expenses may include travel, lodging and meal expenses, and other expenses which are above and beyond the ordinary expenses associated with performance of this Agreement a set forth in Exhibit "B ". 3 -3.0 PRICING ADJUSTMENTS All pricing listed in this Agreement will be honored during initial implementation of the services. Any additional /optional services needed after services are active will be provided using the pricing currently established at the time the service is requested. 3 -4.0 LICENSE, PERMITS, FEES AND ASSESSMENTS CONSULTANT shall obtain such licenses, permits and approvals (collectively the "Permits ") as may be required by law for the performance of the services required by this 11 25B -73 Agreement. CITY shall assist CONSULTANT in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITY. If CITY requires payment for such Permits, the associated costs will be included with the next invoice. 3 -5.0 INSURANCE REQUIREMENTS. CONSULTANT shall maintain the policies set out below, and in amounts of coverage not less than those indicated herein. Additionally, where required by CITY, CONSULTANT shall name the CITY as an additional insured and provide a Certificate of Insurance. a. Worker's Compensation and Employer's Liabilitv -In accordance with applicable law b. Comprehensive General Liability (CGL) - Bodily injury liability in the amount of $1,000,000 for each person in any one accident, and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability in the amount of $1,000,000 for each accident, and $2,000,000 aggregate for each year of the policy period. c. Comprehensive Automobile Liability - Bodily injury liability coverage of $1,000,000 for each accident. d. Errors and Omissions - In addition to any other insurance required by this Agreement, CONSULTANT shall provide and maintain, during the term of this Agreement, professional liability insurance in the amount of $1,000,000 as evidenced by a Certificate of Insurance. e. Additional Insured Endorsement (CGL) - CONSULTANT shall supply CITY with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit "D" upon execution of this Agreement and shall be approved in form by the City Attorney. 3 -6.0 INDEMNIFICATION CONSULTANT shall indemnify and hold harmless CITY and its officers, officials and employees from any liability for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property damage, including attorney fees, which may arise out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of CONSULTANT, its officers, agents and employees under this Agreement. CITY shall indemnify and hold harmless CONSULTANT, its officers, agents and employees, from any liability for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from CITY's negligent acts, errors or omissions under this Agreement. 3.70 TERMINATION This Agreement, or individual services provided by this Agreement, may be terminated as follows: The Parties reserve the right to terminate this Agreement at any time, with or without cause, upon ninety (90) days' written notice to the non - terminating party. 12 25B -74 3 -7.1. Effect of Termination Upon issuance of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The CONTRACTOR shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter; provided, however, that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 411411MIki 101 =1:2=0IQ4Ll 1119101010kI 7561 1107:1 CONSULTANT shall perform the services hereunder as an independent contractor. No agent, representative or employee of CONSULTANT shall be considered an employee of the CITY Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. CITY shall have no voice in the selection, discharge, supervision or control of CONSULTANT'S employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent CONSULTANT of CITY and shall remain at all times as to CITY a wholly independent CONSULTANT with only such obligations as are consistent with that role. CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY. CITY shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venturer or a member of any joint enterprise with CONSULTANT. 3 -9.0 NON - ASSIGNMENT This Agreement is not assignable either in whole or in part by CONSULTANT or the CITY without the written consent of the other party. 3 -10.0 GOVERNING LAW -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. 3 -11.0 LEGAL ACTION In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 13 25B -75 3.11.0 ATTORNEYS' FEES If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 14 25B -76 EXHIBIT "D" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The CITY of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the CITY of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 15 25B -77 25B -78 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE AGREEMENT FOR DULUX PAINTING, INC. TO PAINT CORBIN CENTER AND SOUTHWEST SENIOR CENTER (SURPLUS FUND ALLOCATION) {STRATEGIC PLAN NO. 6, 1G, 2A} 4 - -� CITY M ANAGE CLERK OF COUNCIL USE ONLY: Ip19=01FId�, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Dulux Painting, Inc. to paint the Corbin Center and the Southwest Senior Center for the term beginning October 18, 2016 through December 31, 2016 in an amount not to exceed $82,000 inclusive of a $10,000 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. This project is in accordance with City Council- approved Surplus Allocation Plan as of October 20, 2015. Department: Project: Category Total Funding: Finance and Corbin Center Painting Facilities and $50,000 Management Assets FY 15 -16 Services Agency Finance and Southwest Senior Center Facilities and $35,000 Management Painting Assets FY 15 -16 Services Agency DISCUSSION The City of Santa Ana provides recreational activities, preventative health care, family support, referrals, and other social services at City -owned community facilities such as Corbin Center and Southwest Senior Center. The Finance and Management Services Agency Building Maintenance Division identified the exterior and interior repainting of the two centers as priority projects in the City's Capital Improvement Program. Both projects were included in the FY 15 -16 Deferred Maintenance Projects list and approved for funding under the City Council's Surplus Allocation Plan in a not -to- exceed total amount of $82,000, inclusive of a $10,000 contingency. 25C -1 Agreement for Dulux Painting, Inc. to Paint Corbin Center and Southwest Senior Center October 18, 2016 Page 2 The goals of the repainting projects are to address deferred building maintenance issues and provide a welcoming facility to center visitors and their families. The two centers are some of the busiest community facilities in the City in terms of activity, foot and motorist traffic, all of which have significantly impacted building aesthetics and integrity through the years. Since the two centers are located adjacent to each other, the two repainting projects were advertised under one Request for Proposal (RFP). The Notice soliciting RFPs was advertised on August 19, 2016 on the City's online bid management and publication system. A summary of the proposals received is as follows: 9 Vendors were notified 1 Santa Ana vendor(s) notified 19 Vendors downloaded the solicitation 2 Proposals received 0 Proposals received from Santa Ana vendors Proposals received were opened on September 21, 2016, and evaluated (Exhibit 1). The proposal from Dulux Painting, Inc. located at 26 Rockinghorse Road, Rancho Palos Verdes, CA 90275 ranked first in the evaluation, is responsive to the specifications, and meets the City's requirements. The agreement for Council approval is attached (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective 1 (Establish and maintain a Community Investment Plan for all City assets), Strategy G (Develop and implement City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans) and Objective 2 (Address deferred maintenance on City buildings and equipment), Strategy A (Prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT Funds in the amount of $47,000 (Corbin Center) and $35,000 (Southwest Senior Center) for a grand total of $82,000 are available in FY 2016 -17 Council Special Projects- Finance Building Maintenance account (05010021 - 66200). 25C -2 Agreement for Dulux Painting, Inc. to Paint Corbin Center and Southwest Senior Center October 18, 2016 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director ` Finance and Management Services Agency JA /WN Exhibits: 1. Final RFP Ranking 2. Agreement 25C -3 25C -4 EXHIBIT 1 RFP Final Ranking RFP 16 -098 Painting Corbin Center & Southwest Senior Center Company Evaluator 1 Evaluator 2 Evaluator 3 Average Score Final Rank Dulux Painting, Inc.t 94 90 97 93.7 1 Fresh Start Painting 28 57 55 46.7 2 Contact: Facilities & Fleet Manager John Aguilar Date: 2 — ,3 � c Printed: d"1-11V Signature: , 25C -5 25C -6 EXHIBIT 2 AGREEMENT FOR PAINTING SERVICES AT CORBIN CENTER AND SOUTHWEST SENIOR CENTER THIS AGREEMENT is made and entered into this 18th day of October, 2016 by and between Dulux Painting Inc, ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. On August 19, 2016, the City issued Request for Proposal No, 16.098, by which it sought a contractor to provide interior and exterior painting services at the City's Corbin Center and Southwest Senior Center. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -098 and attached herein as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall furnish the services that are described in Exhibit A to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $82,000. This amount includes (1) the sum of $72,000 and (2) a contingency amount of $10,000 for services to be performed by Contractor at the sole discretion of the City, b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date stated. above and continue through December 31, 2016, unless terminated earlier in accordance with Section 14, below. 25C -7 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 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 (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. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self - insurance. Prior to comrnencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in Lill force and effect for the entire period covered by this Agreerneut. 25C -8 (ii) Certificates of insurance shall be fim -fished to the City upon execution of this Agreement and shall be approved by the City. (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. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 6. INDEMNIFICATION Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harnlless, 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. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 7. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor 25C -9 shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 10. NO"T"ICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in. the mamier provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Executive Director Finance and Management Set-vices Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 25010 To Contractor: Dulux Inc.. 26 Rockinghorse Road Rancho Palos Verdes, CA 90275 Attn: John Mantikas A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 25G -11 14. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 15. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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 sb,all be determined . and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25012 b. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council SONIA R. CARVALHO City Attorney By: John .Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance and Management Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Name: Title: 25G -13 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 16 -098 PAINTING — CORBIN CENTER AND SOUTHWEST SENIOR CENTER SCOPE OF SERVICES & SPECIFICATIONS The City of Santa Ana provides recreational activities, preventative health care, family support, referrals, and other social services at City -owned community centers such as Corbin Center and Southwest Senior Center. The two centers are located adjacent to each other. The goals of the project are to address deferred building maintenance issues and provide a welcoming facility to center visitors and their families. Highly desirable contractor traits: • All Contractor workers for this project should have at least 5 years of work experience in painting special - purpose and high- impact exterior and interior surfaces such as those found at recreation and community centers. • References for a minimum of three (3) previous completed paint jobs of similar size in commercial facilities. • Previous work in municipal environments is highly desirable. SCOPE OF WORK: The work will include, but is not limited to, surface preparation; baseboard and corner repairs, caulking around windows and other areas as needed; spackling nail and other holes; sanding; wallboard taping; wallpaper removal; equipment preparation; painting of walls, ceilings (various heights); wall texturing; or any other related services considered as standard for the industry. 1.0 General Requirements 1.1 Contractor shall furnish paint, labor, materials, equipment, supervision, and all other requirements necessary to complete the painting of the two community centers. 1.2 Contractor shall begin services within seventy -two (72) hours of notification. 1.3 All surfaces shall be thoroughly cleaned of all dirt, grease, mill scale, moisture, oil, rust, salts, stains, soluble residues, and any other foreign matter prior to painting. 1.4 Contractor shall perform all necessary site preparation such as moving and protecting shrubbery and furniture, and setting up warning signs around the project area. 1.5 Contractor shall perform all necessary surface preparation such as caulking, dry wall repair, spackling, scraping, and priming as needed to ensure the utmost quality of the end product according to manufacturer specifications; 1.5.1 Remove all surface contaminants that will interfere with adhesion of subsequent coats of paint without damaging the substrate or adjacent areas. Painting — Corbin Center and Southwest Senior Center 16 -098 25C -14 1.5.2 After surface preparation as referenced in Section 2.7 below, surface must be carefully examined for blistering, cracking, flaking, or peeling of existing paint. Loose, unsound, or non - adhering paint must be removed. 1.5.3 The contractor shall not paint any surface which is not in proper condition for painting. The contractor shall notify the Project Manager of any surface irregularities before any painting or finishing of such surfaces commence. 1.6 Paint shall be applied by brush, roller, or spray in accordance with the manufacturer's printed directions. 1.7 All lines of demarcation between paint of different colors or shades and between painted and unpainted surfaces shall be carefully drawn and shall be free of wavy lines, blurred edges or overlaps. 1.8 Completed surfaces shall be uniform in color, finish, gloss, and sheen. 1.9 All finishes shall be applied evenly and free from crawls, runs, sags, skips, or other defects 1.9.1 The new and old coatings must be compatible. The determination of compatibility may be accomplished through examination of the owners' records, laboratory analysis, or by field- testing. 1.10 Contractor shall provide proper ventilation at all times and ensure that no potential or known fire hazards exist in the project area. 1.11 Contractor shall not paint over any electrical or telephone connections, or hardware, such as cords, hinges, lines, receptacles, switches, etc. unless specifically authorized by the Project Manager. 1.12 Contractor shall install drop cloths on floors and fixtures, and protective covering to doors, windows, and any areas that would be subjected to paint drippings or overspray. 1.13 Contractor shall immediately remove all excess paint from all areas and ensure that such removal causes no damage to any surfaces. 1.14 Contractor shall take the necessary steps at all times to protect the public and all property from damage during his operations and shall be responsible for any and all kinds of damage to the work or property caused by the contractor's employees. 1.15 Contractor operations for the preparation of paints and storage of materials shall be limited to a designated area and such space shall be kept clean and orderly at all times. Contractor shall employ all safety measures during operations for the prevention of fires and any other possible health hazard. Painting — Corbin Center and Southwest Senior Center 16 -098 25C -15 2.0 Product Specifications Product specifications and /or brand names stated in this RFP are for reference only and do not in any way obligate the proposer to use that brand name product. Sherwin Williams is preferred; however equivalent products may be considered by the Project Manager. For purposes of comparison, proposers are requested to state the brand name of any equivalent products being proposed. 2.1 Contractor shall provide and use Zero VOC paint products for this contract. 2.2 Contractor shall submit MSDS for products to be used. 2.3 Coverage area will be determined during the Mandatory Job Walk. 2.4 Specific color schemes for various locations in center interiors will be determined during the Pre -Con meeting. 2.5 Interior Finishes 2.5.1 Drywall previously painted, Wood Paneling, Ceilings, Ducts and Pipes Primer: B51 W00620 - PrepRite@ ProBlockO Interior /Exterior Latex Primer /Sealer White Full Prime, including previously painted Ducts and Pipes Finish: B20W12651 - ProMar@ 200 Zero VOC Interior Latex Egg -Shell Extra White One Coat to cover, Sheen and color will be determined by the City. 2.5.2 Drywall previously painted, Wood Paneling, Ceilings Finish: B31 WO2651 - ProMar@ 200 Zero VOC Interior Latex Semi -Gloss Extra White One Coat to cover. Sheen and color to be determined by the City. 2.5.3 Acoustical Ceilings Primer: B51 WO0620 - PrepRite@ ProBlock® Interior /Exterior Latex Primer /Sealer White Spot prime stains and repaired areas. 2 Coats: B30WD2651 - ProMar@ 200 Zero VOC Interior Latex Flat Extra White 2.5.4 Doors, Frames, Window Frames, Cabinets, Hand Rails Primer: B51 W00620 - PrepRite@ ProBlock(D Interior /Exterior Latex Primer /Sealer White Full Prime 2 Coats: B53W01151 - PI WB ALK UR SG EW 2.6 Exterior Finishes 2.6.1 Stucco, Masonry: Walls, Columns, Overhangs Primer: A24WO8300 - Loxon® Concrete & Masonry Primer, Interior /Exterior Latex White Spot prime over repaired areas then Full Prime Finish: A06WO0151 - A -100® Exterior Latex Flat Extra White One coat to Cover Painting — Corbin Center and Southwest Senior Center 18.098 25C -16 2.6.2 Metal: Gutters, Downspouts, Trellises, Window Frames, Trim Primer: B66WO0310 - Pro Industrial Pro -Crylg Universal Acrylic Primer Off White The city will determine if Signs, lightposts, etc, will be included. Full Prime 2 Coats: B53W01151 - PI WB ALK UR SG EW The city will determine if Signs, Lightposts etc. will be included. Full Prime, 2.6.3 Metal and Wood: Doors, Frames, Columns, Miscellaneous Trim Primer: B51 WO0620 - PrepRite® ProBlock® Interior /Exterior Latex Primer /Sealer White Full Prime 2 Coats: B53W01151 - PI WB ALK 2.7 Surface Preparation 2.7.1 Hand Tool Cleaning Hand tools may be used to clean and remove loose mill scale, rust, and other foreign matter. However, hand tools shall not be used to remove adherent mill scale, rust, and paint. Mill scale, rust, and paint are considered adherent if they cannot be removed by lifting with a dull putty knife. Instead, the contractorshall usethe methods outlined in SSPC -SP1 to remove adherent mill scale, rust, and paint before using hand tools to clean and remove visible oil, grease, soluble residues, salts and other loose foreign matter. For complete instructions, refer to Steel Structures Paint Council Surface Preparation Specification No. 2 (SSPC -SP2) 2.7.2 Water Blasting NACE Standard RP -01 -72 Removal of oil grease dirt, loose rust, loose mill scale, and loose paint by water at pressures of 2,000 to 2,500 psi at a flow of 4 to 14 gallons per minute. END OF PRODUCT SPECIFICATIONS Painting — Corbin Center and Southwest Senior Center 16 -098 25C -17 MIBIT B P_ L.ING REVAt_ WAGE REQUIREMENTS For pricing calculation purposes, proposers are to conclude that eravailino wage will apaiv to ail nroiects under thf< eontraat. Proposers are to include a printout copy of the RIR Labor Classifications utilized for the cater culations of the labor pricing for their RFP submittal o th I con idera ion. While riot is on c sf rati n f r till c r ct Wo The Contractor's activites written consent except in emergencies sN Involving immediate hazed toaipa sons nod to permitted without the prior or property, or as specified otherwise. fiation Contractors to farm responsibility goods legally d to se of ail debris and surplus materials off- site.tt shall be the Pricing Description Corbin center 1 Extorter 6 , uco, uu Material required as specified $ '3) uoC, , v0 --- Labor as specified (non - taxable) Corbin Center I Interior Material required as specified $ D { Labor as specified (non - taxable) Southwest Senior Center 1 Exterior $ material required as specified $ 00 Labor as specified (non - taxable) Southwest Senior Center 1 interior $ f p _ 00 Material required as specified o oc 00 Labor as specified {non - taxable} $ �( ----°- Total materials for all locations -- f-- Applicable Sales Tax (8.00 ° /a) $ 3 r Total Labor for all locations $ 00 � -t"C� $ -7A Grand Total Price for all locations �-- company Name: Paka PCr +n�jnq iC1C, Oo�u CSLR License No: -r A DIR Registration No: 1znDo t° 25C -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: APPROVE PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERALFUND) {STRATEGIC PLAN NOS. 6, 1G; 3,2C) r RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreements for the real property acquisitions listed below, partial acquisition and temporary construction easement, and goodwill, if any, with the following property owners, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 829 N. Bristol Trust, Lan Le 829 North Bristol Street Full $490,000 as Trustee (APN 405 - 262 -22) 2 Robert Daniel Walker 1306 West 1 1th Street Partial $20,700 (APN 004 - 111 -18) Marshall - Kelley, LLC 1220 N. Bristol Street Full $640,000 (APN 004 - 113 -35) DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2017 and construction is anticipated to begin in summer 2017. 2513-1 Purchase Agreements for Bristol Street Improvement Phase 3A October 18, 2016 Page 2 Property acquisitions (Exhibit 1) are necessary to accommodate the improvements and widening for Phase 3A. Purchase offers were made based on the appraised values prepared by a State licensed appraiser, and accepted by the respective property owners. The purchase price for the aforementioned acquisitions is shown in the corresponding agreements (Exhibits 2 -4). 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) and 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 1990, City Council approved the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $1,150,700 are appropriated in the Bristol Street Improvements Project (No. 136792) and available for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661- 66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM /EW G/J G /KN /ML EXHIBITS: 1. Location Map 2. Agreement for APN 405 - 262 -22 3. Agreement for APN 004 - 111 -18 4. Agreement for APN 004 - 113 -35 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 4 (NTS) IRYWRh r 10TH STREET 9TH STREET J *c1QTX W I W a E U3 ° J O f- � a m 0 - SUBJECT PROPERTIES - ACBBIREB PROPERTIES CIVIC CENTER DR. i i i� -/ - ._._._._._ .... L____ WASHINGTON AVENUE SANTA ANA Ttn.E: PURCHASE AGREEMENTS FOR CITY- BRISTOL STREET IMPROVEMENTS P W A A� � PHASE 3A (PROJECT 136792 NONGENERAL FUND) (Strategic Plan No. 6, 1, G; and 3, 2, Cj 2501-3 PAGE 1 OF 1 25D -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on 2 016, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and 829 N, Bristol Trust, Lan Le as Trustee (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises., covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 829 N. Bristol Street, Santa Ana, CA) (APN: 405 - 262 -22) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 1 Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph '15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided, 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Ninety Thousand and no /100 Dollars ($490,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. EXHIBIT 2 25D -5 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing casts incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cast, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Pour Hundred Ninety Thousand and noll00 Dollars ($490,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; 25D -6 (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than three (3) days after close of escrow Seller shall have removed all merchandise, inventory, equipment, personal property, andfor removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and /or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and /or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and /or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by three (3) days after close of escrow. 6, Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25D -7 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers Pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B, This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 829 N. Bristol Street, Santa Ana, CA 92703 15. Exceptions. City agrees to accept title to said real property subject to the fallowing: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City 17. Hazardous Waste, Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous 25D -8 material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sue. (42 U.S.C, S9601). 18, Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property, This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This Indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22, Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law, This PSA shall be governed by and construed in accordance with the laws of the State of California. 25D -9 25, No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees, This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25D -10 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: 829 N. Bristol Trust, Lan Le as Trustee __ Date: F 2016 Lan Le, Trust City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved Assistant City Attorney RECOMMENDED FOR APPROVAL:. Fred Mousavipour Executive Director Public Works Agency Date: 2016 Date: 2016 Date: r 2016 Date: 2016 25D -11 EXHIBIT "A" LEGAL DESRIPTION All that certain rcal property situated in the County of Orange, State of California, descritw--d as follows; THAT PORTION OF LOURIE'S SUBDIVISION, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN QQQL-5L PAC;F i? OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 325 FEET WEST Or THE NORTHEAST CORNER OF LOT 4 IN BLOCK A OF HEDGES ADDITION TO SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 31. PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES, COUNTY; RUNNING THENCE NORTH PARALLEL TO THE WEST LINE OF BAKER STREET, 200 FEET; THENCE WEST 174.2 FEET TO THE TRUE POINT OF BEGINNING OF A BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE WEST 144.2 FEET, MORE OR LESS, TO THE EASTERLY LINE OF BRISTOL STREET, AS DESCRIBED IN THE DEED TO THE CITY OF SANTA, ANA RECORDED JULY 25, 1925 IN BOOK 591. PAGE a21 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF BRISTOL STREET, 50 FEET; THENCE EAST 144.2 FEET, MORE OR LESS, TO A LINE E\TENDING SOUTHERLY, PARALLEL WITH SAID WESTERLY LINE OF BAKER STREET, FROM SAID TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID PARALLEL LINE 50 FEETTO THE TRUE POINT OF BEGINNING. Assessor's Parcel Number: A0405-262-22 --- 25D -12 EXHIBIT °B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression 'close of escrow" means the date on which instruments referred to herein are filed for record, All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed which independently shall have the same effect as if it were the original, constitute one and the same instruction. 2501-13 in one or more counterparts, each of and all of which taken together shall When recorded, please mail this instrument and tax statements to: Clerk of the Connell City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE mcnoN 6101 SPACE ABOVE T11K LINE rOR RECORDEWS USE CANCEL TAXES APPROVEDASTO FOMIIIYMY_ APPMtOVED aY DCRECTOR DESCRIPDOE! QRITITUDY DESCRIPTION CRECXED•D,E. A. P. NUMBER 40926242 NWMAP NUMBER PIDNECT N"CR 929 N. Bristol Street, Soots Am, CA iSAED HUMEER FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 829 N. Bristol Trust, Lan Le as Trustee Dc Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 829 N. Bristol Street, described as follows: SEE EXHIBIT °A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : � w 2501-14 __j- an- Le;i'Fu—s ee All that certain real property situated in the County of Orange, State of California, described as follows. THAT PORTION OF LOURIE'S SUBDIVISION, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BQOK j FAa 4? OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: or's Parcel Number: 25D -15 �.Ma, s; f; Eaotry public or other officer completing this certificate verifies only the identity Individual who signed the document to which this certificate is attached, the truthfuln ess, accuracy, or validity of that document. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMONA R. WNTANO ;E," my and and official seal COMM, Rgg xyg ® Notary Pubillo llromW LC &ANGELES CCUNIY M 4nm.Fx . OCT 12 2016 bl c Signature (Notary Public Seat) isfmrINSTRUCTIONS FOR COMPLETING TMSFORM ADDITIONAL OPTIONAL INFORMATION currsut California shilules ragarrilagnotmy rrordingmrd, DESCRIPTION OF THE ATTACHED DOCUMENT (lille rr drssdption of attached documnntJ (Tilte ordescription of a €tacked document conlinuad) Number of Pages-Document Date CAPACITY CLAIMED BY THE SIGNER 0 Individual (a) • Corporate Officer (Title) • Partner(s) • Attorney -in -Fact C] Trustee(s) L7 Other if headed, should be cotnglated and atlod uld to the docrmre+rt. dntarrnnledgmsnts fivin otherstatesmaybe co+hylatedfordoetmtents btharsera to eira slate solong as the wording does lea requtru the Ca7ifo +rrf¢rmtmy to Wolate California notary lmv. • State and County information must be the State mid County where the document signers) personally appeared before the notary public for acknowledgment. a Do to ofnotarization must be the date that the signer(S) personally appeared which must also be the same data Nra acknowledgment Is completed. The artery public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). o Print the name(s) of document signers) who personally appear at ilia time of notarization. indicate the correct singular or plural forms by crossing off incorrect forms (Le. he/sheltkey; is rare) or ohcllogtha correct forms. Failure to correctly indbcntothis information may, lead to rejection of document recording. > The notary seal impression must be clear and photographically reproducible. Impossible muse not cover text or lines. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. > Signature infant notary public must match the signature on file with the office of ilia couaty clerk. Additional inflrrreation is not reTured but could help to ensure this actmowledgment is not misusad or attached to a different doca menu, ^F Indicate title or type of attached disawai st number of pages and date. hndicate the capacity claimed by the signer. if the claimed capacity is a oarporate officer, indicate the title (i.e. CFA, CFO, Sscretary }, 2015 Version www AotaryClassisixorn$00- 878 -9865 a Securely attach this documentto ilia signed document whir astaple. 4� I, PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on _________ 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Robert Daniel Walker, an unmarried man (hereinafter "Seller'), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller; that certain real property (hereinafter "Said Real. Property ") legally described as follows: SEE EXHIBIT "A" and "A -1" —Legal Description and EXHIBIT "B" and "B•1 "— Plat Map ATTACHED HERETO} AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1306 W. I Ith Street, Santa Ana, CA) (APN: 004- 111 -18) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions; to wit: 1. Conveyance by Seller. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A -1" and depicted on the attached Exhibit "13-1" and incorporated herein by this reference. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear_title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Twenty Thousand Seven Hundred and no /100 ($20,700.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City Exhibit 3 25D -17 of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title.or to provide title insurance as required in this Agreement. 4, Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act- under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue. and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, In obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Twenty 'Thousand Seven Hundred and no /100 ($20,700.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: 25D -18 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seiler of all personal property. 6. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement 1s executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs Assigns, Successors -in- Interest, This PSA, and all the terms; covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on successors and assigns, hereby acknowled acquisition of the Property by Buyer, and claim for compensation for injury to the damages; claims for inverse condemnation; any "bonus value" attributable to any lease; behalf of himself, his heirs, executors, administrators, ges that this Agreement provides full payment for the Seller hereby expressly and unconditionally waives any remainder ( "severance damages "); precondemnation loss of goodwill and /or lost profits; loss or impairment of damage to or loss of improvements pertaining to the 2501-19 realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seiler acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless; Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. 'This acknowledgment and release shall survive the Close of Escrow. 14, Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1306 W 11th Street, Santa Ana CA 92703 15, Exceptions. City agrees to accept title to said real property subject to the following; NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term 2501-20 "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response. Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 67 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et se g. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19, Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (1) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall Include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, .spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment, This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 25D -21 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. I Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 39. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following at the time of construction of the proposed project: Construct an eight foot (8') wall east of the Said Real Property. Notify the seller of the construction date for the above wall as soon as a construction schedule is provided by the contractor. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is-understood-and agreed by and between the parties hereto that, the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: NONE 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25D -22 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Robert Daniel Walker, an unmarried man Date: S�1 , 2016 Robert Daniel Walker City /Buyer City of Santa Ana Date: 2016 David Cavazos City Manager Attest: Date: 2016 Maria D. Huizar City Clerk Approved as to Form: Date: _ 0g.. , 2016 J e Sandoval Chief Assistant C y Attorney Recommended for Approval: Date: 2016 Fred Mousavipour Executive Director Public Works Agency 25D -23 EXHIBIT "A" (Part Fee Take) LEGAL DESCRIPTION LYING 1 . TE OF , i ! • V 1 ► '. P: i. i BRISTOL STREET AS SOWN ON 1l THENCE, ALONG SAID CENTERLINE OF ELEVEN'T'H STREET, NORTH 89 031117" WEST, 137.04 FEET: •!1. i -. # 1. ! i !! 1. ` ► THENCE, NORTTTF STERLY ALONG SAID CMVE 15.51 FEET THROUGH A CENTRAL ANGLE OF 9 °21'18" TO A POINT OF REVERSE C:URVATLJRE 'TATH A CURVES CONCAVE SOUFHERj_ y, XyESTERL y, AND NORTHERLY, HAVING A RADIUS OF43_00FEET; 1 ► I► ! THROUGH A CENTRAL MULE 41 414 A CURVE, CONCAVE SOUMVESTERLY, 14AVING A RADIUS OF ! ALONG SAID CURNrE 14.40 FEET THROUGH A CENTRAL •'�i N 1 ii LOT 19 OF SAID ANGIE OF 9041'13" TO CONTAINING AN AREA OF 344 SQUARE FEET, MORE OR LESS. NECORD, AND RIGHTS OF WAY, IF ANY rR SEPTENEBEIL28,2015 ANTHONY c, CU01,10, PLS 6D42 2501-24 EXHIBIT "B" (Part Fee Take) PLAT MAP 1+3 ~Uisl86L N01*31' 41`E awn � e.3nans cn , Ld QE -i OE cn 4.1..1 14 4' N45* 16 45 W a � N05' 27' 44' 4 03'S3'41'"W ;11 ' ..y 1.0 04 r ?F2% CP PPC "X is ly- C14 co CK cu CU it t�"1 J N J II M J •w �•--� h� `5.(�yy, .� N N W' CU ' s '.p 54.. r co 0� wo 4.5 U U u V CU J J 1+3 ~Uisl86L N01*31' 41`E awn � e.3nans cn , Ld QE -i OE cn 4.1..1 14 4' N45* 16 45 W a � N05' 27' 44' 4 03'S3'41'"W ;11 ' ..y 1.0 04 r ?F2% CP PPC P J 52M8'45'E m° wo cm N a c7 o ,ae 2501-25 10 cu" d �U Al }Vd P ull fj �U2 fit � rI tia era � EXHIBIT "A -1" (TCE) LEGAL DESCRIPTION 4 tog gab NORTHENSTE-K)-y AS FOLLOWS: CONDOENCINGAT THE INTERSECTION OF THE CENTERLINES OF rT h STREET AND BRISTOL STREET AS SOWN ON SAID MAP. THENCE, ALONG 5 ELEVENTH STREET, NORTH 89"31'127' AID CENTERLINE OF E WEST, 137,04 FEET; THENCE- PERPEN . DICU-1-AR TO SAID CENTERLINE Ok ELEVENTH SIR= WORTH 0028'49- EAST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEFNG- THE TRUE POINT OF BE GINNWG, SAID TRUE POINT OF BEGINNING BEING A POINT ON ANON- TANGENT CURVE, CONCAVE To THE NORTHV-JEST, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 21008'45- EAST, THENCE4 NORTHEASTERLy ALONG SAID CURVE I5-51 FEET THROUGH A CENTRAL ANGLE OF 9°2 1'19- TO A POINT OF REVERSE C uR%rATURE%rITH A CUR- %rE, CON CAVE SCUFHERLy' WESTERLy AND NORTHERLY, HAVING A RADIUS OF 43-00 FEET- THENCE, EASTERLys SOUTHERL-y, AND WESTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRAL ANGLE OF 242x838'09" TO A PojNr OF REVERSE CURVATURE WITH A CLRVE' CONCAVE SO STFRLY, HAVING A RADIUS OF 95-00 FEET, THENCE, NORTIIWESTERLy ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE. OF 8041'13" To THE NORTH LINE OF SAID LOT 19 OF SAID TRACT- THE SOUTHWESTERLY LINE OF SAM STRIP SI-IALL BE, LENGITIENM OF, SHORTENED TO TERNMITATE EAST7ERrV IN THE EAST LINE OF SAID LOT 19 AND '"MSTERLY IN THE%VFST LINE OF SAID LOT 19 CONTAINING ANk AREA OF,- 47 SQUARE FEET, NIORE, OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, FASFIAENTS OF RECORD, AND RIGHTS OFIVAY, IF ANY THIS DESCRIPTION HAS BEEN PEPAaEl) BY NEE ON SEPTEMBER 28,' 2015 ANTHONY C- CUO'Alo, PLS 6042 AnUiony a0mok C4 2 R3 25D-26 EXHIBIT "B -1" (TCE) PLAT MAP Miii i !� i M I'YiiMIM f aiila! ! iliMtii i !Y fi �w#i Y iwai�.l1 v YyiIYY i � # p w z i 9 m W + d U OZU zh IrlIi n ik1 4',p al 4; It ._ 4P? C4. rr K N T ON 441 Lu Dt 41 J .: - - -- - - II 0 i If"l a I(d7 . v l�J • i7 N t*.1 P LfY ill :*. _- .i.M#;. l['_ `rCr D E S ' N45° 16' 45',W N J tr) ~ 0 iQV� aJ" 0 a) `90 °�3'41AW M� N05`27'44'W SO A C.5 U 0 C.) U Olt J J ctl 0 r 1��.�.` ° di' PRC GI 5 1w3 IDi.1l8E[ i m� a IA N01 *31'41 °E — u k Miii i !� i M I'YiiMIM f aiila! ! iliMtii i !Y fi �w#i Y iwai�.l1 v YyiIYY i � # p B A3ANnS i 9 F-� W z n OS 1 i 4E oti Ld I S46' 4'22-W E S ' N45° 16' 45',W mo°� ~ 0 °�3'41AW M� N05`27'44'W SO cu ti Ln 03 ctl 0 r 1��.�.` ° di' PRC GI 5 i a IA � }. u k t f Sal °08'45'EJ Z- N23 °26' 4i*E I ° too * 1 0 d o a) . ti. {vra Mc'r G:7 RS ry J 2501-27 �Y N EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25D -28 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6101 SPACE ABOVE THIS LINE FOR RECORDERS USE CANCEL TAXES X APPROVED AS TO PgRM 11Y A'PfY. APPROVED BY OBtECI'OR DESCRIPTION WRI'ITENBY DPSCIt1P'1'[ON CBECRED -QA, AP NOMBPR004- 111 -13 RAVMAP NUMBER PROJECT NWKIk 1306 W. I I dt Street, Santa Ana, CA 92707 DEP.D MEMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes; all that real property in the City of Santa Ana, Orange County, State of California, located at 1306 W. 11th Street, Santa Ana, CA 92703: SEE EXHIBIT 'A' and `B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated By: Robert Daniel Walker 2501-29 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES - AP No. 004- 111 -18 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 19 OF TRACT NO. 1290, PER MAP RECORDED IN BOOK, 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF ELEVENTH STREET AND BRISTOL STREET AS SOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ELEVENTH STREET, NORTH 89 °31' 12" WEST, 13704 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE OF ELEVENTH STREET, NORTH 0 028'48" EAST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON - TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 21 °08'45" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE I5.51 FEET THROUGH A CENTRAL ANGLE OF 9 °21' I8" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRAL ANGLE OF 242 °38'09" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE OF 8 °41' 13" TO THE NORTH LINE OF SAID LOT 19 OF SAID TRACT. CONTAINING AN AREA OF 344 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY TEAS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN VAND S(� SEPTAREDR 28,, E EON ANTHONY C. CUOMO, PLS 6042 Anthony th CUOMO t. No. Q OF 25D -30 Evh 31 O 0 0 0 0 O r I 0 p. 6 O M 0 M N ON V/,V 1-a 2 V5 pi �- j l � p M 0ki JE � 2 1[ w � � QO s W a WW/- GN In d' N 0 to (`7 (U •-� .-. �� -4 \J °z I W 06 N N. it L�L1 .�-� I if J M J M o4 dpi N J Li '7 J ;-� It N '~7 S S:t�Q. S.�P Vym fy< 1 q LU e 64 Kuz- q 4 d 4 Z Z MtI- �Z U u U L...) u O W tl! �S Tr \\'' rr7 -IoiSLOQ it Ed N010 31`41"E '1SNd0 _ '8 I 1.3ANnS V) d u U u (i LEI +' ^^�� a / I W e W ,oe _j I OE co M W Fa < N S46° 4' 22' W CS — N45° 16' 45" W L m ®°` 0 — WZ N 4 N CL o I M NOT 27' 44" W N S034 53' 41" W l< M ° S o M L1 V ra ! s o N dl .-r T O M J U ti N M PRC z PRC o mi ° o W N G J S21 °0E3'45 "E w I N23e 26' 54' E < i w v0 CD o 10 x" • In F- OJ eOM I (UO �M O � 0! tin ui �h r-t Z Evh 31 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ()t) t-C,t LO� r � ) / On L1`�1L e.c i t ii(�4 before me, L Z - i rh&L,P — 1.Drono,,— (insert name and title of the officer) personally appeared toerf U/'i of e1 (Al fA ,I 1!' O-- r, who proved to me on the basis of satisfactory evidence to be the persons) whose name(45) isl subscribed to the within instrument and acknowledged to me that he / /tbey executed the Same in his /tyerlth it authorized capacity,(ieo, and that by his /(der /their signature( on the instrument the person(sy, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 25D -32 ' WM 4d-74 4 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE -ABOVF THfS LINE FOR RECORDER'S USE CANCEL TAXES X APPROVED AS TO FORM BY ATTY, APPROVEDRY DIRE(11'DR DESCRIPTION NMI TTEN Bt' DGSCRIPI'[ON CHECKED -0 K. A.P. NUMBER 004.111 -I8 Ww MAP NUMBER PROTECT NUMBER 1306 W. I Ilh Smet, Santa Ana, CA 92763 OECD NUN[RL'R. TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert Daniel Walker, an unmarried man Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, A temporary construction easement over that real property in the City of Santa Ana, County of Orange, State_ of California described on Exhibit `A' and shown on Exhibit 'B', which exhibits are attached hereto and by reference made a part hereof. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement peed to be executed as of this day of 2016. Dated: Ocr C/, 9, 016 _ By Robert Daniel Walker 2501-33 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES AP No. 004 - 111 -18 BEING A 5.00 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 19 OF TRACT NO, 1290, PER MAP RECORDED IN BOOK 39, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE NORTHEASTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF ELEVENTH STREET AND BRISTOL STREET AS SOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF ELEVENTH STREET, NORTH 89 °31' 12" WEST, 13704 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE OF ELEVENTH STREET, NORTH 0 028'48" EAST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID TRACT, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 21008145" EAST; THENCE, NORTHEASTERLY ALONG SAID CURVE 15.51 FEET THROUGH A CENTRAL ANGLE OF 9021'18" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE 182.10 FEET THROUGH A CENTRAL ANGLE OF 242 °38'09" TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE 14.40 FEET THROUGH A CENTRAL ANGLE OF 8041'13" TO THE NORTH LINE OF SAID LOT 19 OF SAID TRACT. THE SOUTHWESTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY IN THE EAST LINE OF SAID LOT 19 AND WESTERLY IN THE WEST LINE OF SAID LOT 19. CONTAINING AN AREA OF 247 SQUARE FEET, MORE OR LESS. Page 1 of 2 25D -34 ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON q tANQ SU SEPTEMBER 28, 2015�as Rye f ANTHONY C. CUOMO, PLS 6042 kthony� CUOMO No, 6 2 Page 2 of 2 25D -35 o O o m O ° ° o 'i r. m 4 0 f. m m v REV bi v y0ZU L6 <Y It In 11 �J� M0 p� II II ff� 0.' O JO p�y Don o� �> n� n °J r * ° c° �- II a g Z w ate. 0 (Ij n1 n n 11 Co 11 s° gh y 4 N N O 0� S''�J'0 5�1 h V l a 7 0� (1) M N N O z MO2yk 4 4 4 4 d ° (K % "� h(j�W M Lr) N J< Z h u U u u u J J 0 I EC4 LO (0 1S I[]1SIcy€I w m N01°31' 41"E 'J.SN00 o ,l3/ ans C h n. a S u Q V r w z 0 a Li J c 0 0E W m W W I OC io w S460 14' 22" W — — 0 E0 0,, i CS N45 16' 45" W o m0 f Ir 0 WZU 0 O o ^ d0 S03° 53' 41" W m NO5° 27' 44" W ~ 6 x o f� _3 Y N of 0 U N M U O 07 U 2 mn N PRC l z PRC o m N O V J W d L C �. �._ —" � 4 W Nv r G� 0 " w I _. 1.J Ili z m l S21* 08' 45 z az" co co. v�wn W TOO d'O°. W a�am Rte. OD co Z m !fl F- 0.1M °.10 O 0 n� n O O N N nw n � z z X ooia o I © 0 Sza z J ry ,OE i ,OE Exhibit B 25D -36 O 0 c1 v 0 N ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or ..validity of that document. State of California County of b nn } p On 1)C1h)bP4 +t ( ?!(P beforeme, l I / CL12)yle:�.— — (insert name and title of the officer) personally appeared � 'r°` who proved to me on tl a basis of satisfactory evidence to be the personnAwhose nameWis /af6' subscribed to the within instrument and acknowledged to that he /sbeftey^executed the same in his /her/tbeif authorized capacity(jor and that by his /on(theirsignature(s)'`on the instrument the personK, or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 25D -37 43 ;AiAItIL. ...n ,x� 25D -38 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on ------ ------ - - - - -, 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and MARSHALL - KELLEY, LLC (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" and "A -1" — Legal Description and EXHIBIT "B" and "B -1" — Plat Map ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1220 North Bristol Street, Santa Ana, CA) (APN: 004 - 113 -35) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A -1" and depicted on the attached Exhibit "B -1" and incorporated herein by this reference. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Six Hundred and Forty Thousand Dollars and no /100 ($640,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in EXHIBIT 4 25D -39 title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties In the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 6. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 50967 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cast, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and al! years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Six Hundred and Forty Thousand Dollars and no /100 ($640,000.00). City agrees to deposit said purchase 2501-40 price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the 25D -41 acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss of goodwill and /or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or In connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 9662 Bixby Avenue, Garden Grove, CA 92841. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Cade, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 25D -42 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et se . (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sue. (42 U.S.C, S9601). 18, Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25D -43 26. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficlary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 2& Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto In addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: 0M011� All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: NONE 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25D -44 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: MARSHALL- KELLEY, LLC By " Date: , 2016 Lindb Kelley I. Its a --V &t4 E41 By tFC jr t3t t, Date: —17 =, 2016 Richard Marsha Its t C — Burk, M City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huizar City Clerk Approved as Assistant City Attorney Recommended for Approval: Fred Mousavipour Executive Director Public Works Agency Date: , 2016 Date: 2016 f Date: r..! 2016 Date: 2016 25D -45 EXHIBIT "A" (Part Fee Take) LEGAL DESRIPTION . • • 4 1 ' ' r • 1 ` • 1 &MMUM I P 21 N IMI III I Rl MM 1 r Mi, • •t I, ► i 1 COMTL AT 1 1 • it r AS SHOWN ON ! t THENCE, ALONG • 1r cENTERLRIm OF wAsHNIGIGN NORTH 7414 FEET' THENCE, PERPENDICULAR TO SAIli CENTERLM OF WASHINGTON 1 .00 FEET TO A POINT ON i 1 OF D LOT 1, SAM POINT BEING THE POINT OF THENCE, SOUTH43053'38' EAST, 13.80 FEET TO A POINT ONA LINE, SAID LINE BEING PARALLEL WITH AND 64.00 FEET WESTERLY FROM SAID CENTERIM14E OF BRISTOL STREETI i i• Ir ' LINE_ ' 1 r 1 1 � Ir ♦ 1 i . •. • . i •- is 1 •:: 1 •1. ') II I'll-AZIMMURNM RECORD, � AND • IF ANY • '';a'.I' Sr BY INO ON ' IiI I` ' ! i Log 1 • . . }. 25D -46 EXHIBIT "A•1" (TCE) LEGAL DESRIPTION um f.'.. AS SHOWN ON SAID MAP-, TEIMCE, ALONG SAM #N OF WASHINGTON .OR 144r WEST, #SWM, PERPEl=CUU4R TO SAID C04TERLIM OF # i 045'13%'WEST 30.00 FEET TO A Powr ON THEmRTH LINE OF sm LOT i, sAm POINT BEING THE TRUE POINT OF REGIN?QNQ THDXE, SOUTH 43l'5'Y3&'EAST, 132D FEET TO APOINTON A LWE SAM LINE HEM PARALLEL VXM AND 64 00 FEET 'A�Y FROM SAM CENTEP� OF BRISTOL Y # .' # # SOUTH a , _ 25D -47 C RECORD, AND RIGHTS OF 1'. ANY THIS DESCRIPTION HAS BEEN PREPAREDHYMEON E' i ", it ! ! j}4 ANTHONY Q CUOMO, PLS 6042 25D -47 EXHIBIT "B" (Part Fee Take) PLAT MAP Cd C5 C7 6 + cf 6 rW9 m ftj 06 U I.fJ ' �-1to cv ^rr v v- %r 'ar v Por .r v- eu it oj „., 0 OD OD C+1 x(ri 0 � dig a•, is* 10 Is -10i'slaq • —• � PJ�Jt' „�1' =11 F. ��3, Cb;��7' "Ci ic^�'N•CTtl � ---�� v lull i +w I u� ® _ N F9 ar 'o WOE Ld i x Y—•Y , a,, < i .oc 2 Nat 34 41 E 1'��, 4L{ dl. 0 u 25D -48 ua n C5 S FI �a 4s t y Wes'` K �r 0 EXHIBIT "B-1" (TCE) PLAT MAP b m b h 6 b o"61 '0 'm '0 N .9 co OD m m 0 O'Do CDn 0 in CU It DK ;�p ;rl og at 4 . z CD N N I� P, CO ru .4- V��w it ;v ;r ;t zr �o Art, > 40 5 v OD co OD co zzz zTig?zzz A 7� 283, 3' T 12TH ST (4.1 u v —101 T — — — — T fu 'b N01031'41'E 114, 80' Q LO tj N0,103VWE 180. le, to -J, & w Tt CIS m In ZAU co In F. U to t 2501-49 EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25D -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) C TY MANAG I,i �Kej JiI�il4►U7 -4 i miN►I CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended ® As Amended ❑ Ordinance on 1 °' Reading ❑ Ordinance on 20d Reading [[ Implementing Resolution © Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the purchase price of the partial real property acquisition listed below, a temporary construction easement, and goodwill (if any) with the property owner, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 Benjamin Lopez, Jr. 1306 West Carlton Place Partial $11,100 (APN 408 - 333 -02) DISCUSSION Bristol Street is a north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raising landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2017. This property acquisition is necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1). A purchase offer was made based on appraised value prepared by a California State licensed appraiser and was accepted by the property owner. The compensation amount is listed above and shown in the attached agreement (Exhibit 2). 25E -1 Purchase Agreement for Real Property Acquisition for Bristol Street Improvements Phase 4 October 18, 2016 Page 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) and 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 1990, City Council approved the Bristol Street Final Environmental Impact Statement/ Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $11,100 are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2016 -2017: $5,550 in the Select Street Construction Fund (Account No. 05917661 - 66100), and $5,550 in the Measure M2 Street Construction Fund (Account No. 03217663- 66100), subject to nonsubstantive changes. VA, = Fr 6d Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML EXHIBITS: 1. Location Map 2. Agreement for APN 408 - 333 -02 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 MATCFLI E BEE BELOW RK,1HT I I I 408 - 336 -17 i ST GERTRUDE PL I 1408- 471 -011 408-471 -17 /4 1 i i I 408- 471 -06 m w J m P. -I ... ..�,_ 1 �' i M11 al..- L..-L..1_ p 1 .J ._.. r �.._.. 4 1015- 194 -4f _..4 •015- 194 -23, 015- 194 -24. y---- --t- - -• --i tl15 -1942% I.._..1. - -...a 915- 194 -38: V15494 -39 U15- 19428;•• —••4 V15- 194 -39 • WARNER AVENUE I -09J ECi a9JVF Riv 4000IRE9 PROPERTIES 1 I SANTA ANA CM COUNM i P W A wwlc �oeta xcrxcr OCTOBER 18.2018 I- i I I I i� ST ANDREW PL I I I I N! NI I I I ZZ-�m,��eel m� i Ni i i i .. J.,. J... CARLTCN PL I I q/,g+ + . w�- w _,i..i..i.. CA L.11.. j._ GLENWOOD PL J — r..�..T ... �{ Q _.r..r.. y..,. /�.I m I I I a r r..r. i i i m i mi • ;; _.L.. � � sue•.`; i i i i i i CAMDEN PL • o � � I I 1 ST ANNE PL _r.. r. L 25E -3 PAGE 1 OF 1 25E -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on 201 6, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer "), and BENJAMIN LOPEZ JR., an individual, (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1306 W. Carlton Place, Santa Ana, CA 92707) (APN 408 - 333 -02) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of EIGHT THOUSAND AND FIVE HUNDRED TWENTY DOLLARS ($8,520.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. EXHIBIT 2 25E -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all ohligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C " attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder, City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. S. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property and temporary occupancy, for the total sum of ELEVEN THOUSAND AND ONE HUNDRED DOLLARS and no /100 ($11,100.00). The sum of NINE THOUSAND, THREE HUNDRED SIXTY -FOUR DOLLARS and no /100 ($9,364,00), is compensation for the certain real property and improvements as shown in Exhibit "A ". The sum of ONE THOUSAND, SEVEN HUNDRED FORTY -TWO DOLLARS and no /100, ($1,742.00), is compensation for the temporary occupancy of the property, which shall have a duration of 18 months, and is described 25E -6 and shown as attachment (Exhibits "A" and °B ") to the Temporary Construction Easement deed. City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers, The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest, This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12 Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives 25E -7 any claim for compensation for injury to the remainder ( "severance damages ") precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1306 W. Carlton Place, Santa Ana, CA 92707. 16. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6,95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlcrinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or 25E -8 "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 at seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law, This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions 25E -9 hereof, The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Farther. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25E -10 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. S V�LLER: � �( C Date: v '2016 Be min Lopez Jr., an individual CITY OF SANTA ANA: City /Buyer David Cavazos City Manager ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: J e Sandoval " """� 4'hief Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Date: 2016 Date: 12016 Date: � '2016 Dater 25E -11 2016 FXMBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WNY PURPOSES —AP No. 408- 333 -02 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING .A PORTION OF LOT 71 OF TRACT NO. 2209, PER MAP RECORDED IN BOOT{ 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING A THE INTERSECTION OF CARLTON PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF CARLTON PLACE, NORTH 88 013'46 "WEST, 160.76 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1 046'14" EAST, 30.00 FEET, 'TO A POINT ON THE SOUTH LINE OF LOT 74 OF SAID TRACT, SAID POINT BEING ON A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT RAVING A BEARING OF SOUTH 20 °21'47" EAST, SAID POINT ALSO BEING THE TRUE POINT OFF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 °05'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 18197 FEET THROUGH A CENTRAL ANGLE OF 242 027'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 °05'55" TO A POINT IN THE NORTH LINE OF SAID LOT 71, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. 25E -12 CONTAINING AN AREA OF 284 SQUARE FEET, MORE OR LESS. ALL AS STIOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND .RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER 24, 2015 ANTHONY C. CUOMO, PLS 6042 25E -13 EXHIBIT "C" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited In one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, Is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit In interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25E -14 When recorded, please mail this instrument and tax statements to: Clerk of the Conned City of Santa Ana 20 CiAe Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OE SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION IUW MAP PAOIE6T TARE$ PORMBY gTTY, DIRECTOR WRITTENBY E NUMBER 408 -333 -02 NDMBRR NONMER X Y 1306W. Carlton Place, Santa Ana, CA 92707 7T11-C NLRfEBR TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BENJAMIN LOPEZ JR., a married man as his sole and separate property ( "GRANTOR "), Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, (the GRANTEE, hereinafter referred to as "the CITY "), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of Orange, State of California, which is described on Exhibit "A" (legal description) and depicted on Exhibit "B" (plat to accompany legal description), which are attached hereto and made a part hereof (the "Property "), upon the terms set forth below. 1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ( "TCE ") is for the purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and Saint Andrew Place ( "PROJECT "), a public project, and gives the CITY, its successors and assigns, the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's Property. 2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months, and shall commence when the CITY issues a notice of commencement of construction to GRANTOR. Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall automatically terminate and be of no further force and effect. 3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith, GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release and fully discharge the CITY and each of its predecessors and successors, and all of their officers, directors, members, employees, agents, contractors, assignees, and representatives, from any and all claims, demands, damages, causes of action, costs, and expenses (including, without limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of the PROJECT ( "Claim"), including, without limitation, any Claim suffered by reason of the theories of impairment of access, inverse condemnation, property damages, loss of income and /or goodwill, and relocation assistance pursuant to Federal and /or State law and implementing regulations or otherwise. GRANTOR understands and agrees that the release contained herein shall not be deemed or construed as an admission by the CITY of any liability of any kind to GRANTOR. 25E -15 4. Special Provisions, The Special Provisions attached hereto as Exhibit "C," if any, are hereby incorporated, and made a part of this Agreement by this reference. In the event of any conflict or inconsistency between this Agreement and the Special Provisions, the terms of the Special Provisions shall prevail. 5. Miscellaneous. It is mutually stipulated and agreed by and between GRANTOR and the CITY hereto that this TOE contains the whole agreement between them as of this date and that any amendments or modifications thereto must be in writing and signed by the parties. The provisions of this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Executed this day of 201 BENJAMIN LOPEZ JR., a married man as his sole and separate property 25E -16 ACKNOWLEDGMElYT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) \ On lM— " — (n before me,' _\ h , „'And v,v,�n - (hisert ne of the o ficer) personally Name of Signer (1) Name of Signer (2) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and aelcnowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) an the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the institunent. I certify under PENALTY OF PERTURY under the laws of the State of California that the foregoing paragraph is true and correct. =Kj%,NNY-N0RG1EN Y- NORGREN 2105888 " California z WITNESS my hand and official seal. ounty Ms Apr 5, 2019 25E -17 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OFF WAY PURPOSES — AP No. 408- 333 -02 BENG A 6.00 FOOT STRIP, N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIP BEING A, PORTION OF LOT 71 OF TRACT NO, 2209, PER MAP RECORDED N BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, N THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY, THE NORTHERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE NTERSECTION OF CARLTON PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF CARI,TON PLACE, NORTH 88 013'46 "NEST, 160.76 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00 FEET, TO A PONT ON THE SOUTH LINE OF LOT 74 OF SAID TRACT, SAID PONT BEING ON A NON - TANGENT CURVE, CONCAVE NORTHWESTERLY, ITAVNG A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20 °21'47" EAST, SAID PONT ALSO BEING '= TRUE POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 °05'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242 °27'52" TO APONT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL, ANGLE OF 9 005'55" TO A PONT IN THE NORTH LINE OF SAID LOT 71, SAID PONT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. THE SOUTHERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE EASTERLY N THE EAST LINE OF SAID LOT 71 AND WESTERLY IN THE WEST LINE OF SAID LOT 71 CONTAINING AN AREA OF 352 SQUARE FEET, MORE OR LESS ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART I- MREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY S PTEMBER 4, 2015 Ck piAN .ANTHONY C. CUOMO, PLS 6042 _5C'✓ 1f a Anthony CUOMO V4 2 OF 25E -18 EXHIBIT "B" 25E -19 O O I b 0 �v o 0 ° CD Om ° J EY b /'bd' Q � U7 d V q- U7 II U• (a JpM O, < =24 b U7 In U-' o (� ° U� !n 0 4 ° N U7 lfl to � J r 0 4 J2 Oy z o Z .- l7 — Z qp Z In � I (�7 `" M II II Ln N II N W [n -J of ° G 01-0 Q o o O N d- <h m (cU Do ON 4 d a 4 Al W d W U u d ' U 0 <U U U U u U L) u p w< I OZa NQ NI 1S �C�1SI�Ig Z 1N N F 0. N® o N o< Ii ®M J 1- ra o N N ^ =-t d - W o zU a J H LU 6 0 N N15* 13' 07'E RAD o S11 °40' 07'E RAD F. W to p tl7 N 0 67 Z ® U) m (U e N CN N r. U U U m N a w co co m N ,. yy d l0 J 0 I H z r1 z o < awN� P. R. C, �J ED J 4m z _ C� P, R, C. Z S20 °21'47'E RAD ,00 'OC I C1 0� — N 230 5,41 1411 E RAD < azz L � J M Z n Q u z "ww o � " yq2 -h c: U "" �N4C kry LL J I 25E -19 O O I b 0 �v EXHIBIT "C" SPECIAL PROVISIONS A. Construction Contract Work to be performed by the CITY It is understood and agreed by and between the parties hereto that the CITY's contractor will: Either replace in kind or protect in place the site improvements which are within the described TCE area. For example, driveway, landscaping, irrigation system, etc. B. Improvements to be acquired by the CITY It is understood and agreed by and between the parties hereto that payment rendered in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions, but is not limited to, payment for the following acquired improvements: 352 square feet of concrete paving • 164 square feet of lawn 25E -20 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER CovERdNiaNT CODE sP.crsoN 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES C APPROVED AS TO FORM BY ATTY. APPROVED BY DIRECTOR DESCMEON WPJTTEN13Y DESCRIPTION CBLCICED -O, K. A. P. NUMBER 408- 333 -02 WW MAP Nuh uk PROJECT M FRRR 1306 W. Carlton Place, Santa Ana, CA 92707 DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BENJAMIN LOPEZ JR., a married man as his sole and separate property Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1306 W, Carlton Place, Santa Ana, CA 92707 described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: 2`61162 _ By Benjamin Lopez Jr„ an individual 25E -21 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docurnent. State of California County of �'Z- ) On ''' 1. U_z -_-A vz �before me, �,na�� I sort name and title of the fficer personally appeared. Name ol`Signor (1) Name of Signer (2) who proved to me on the basis of satlsCactory evidence to be the person(s) whose nvne(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrimzent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 25E -22 JAYNE K. DENNY- NORGREN COMMISS10Yt # 2105858 z ° L Notary Public ' Callfurnla Oranpe County My Comm. Ex Tres Apr 5. 2010 (Seal) EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 408 - 333 -02 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 71 OF TRACT NO, 2209, PER MAP RECORDED IN BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING A TITE INTERSECTION OF CARLTON PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF CARLTON PLACE, NORTH 88 °13'46 "WEST, 160.76 FEET; TIIENCE, PERPENDICULAR TO SAID CENTERLTNE, NORTH 1 °46'14" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF LOT 74 OF SAID TRACT, SAID POINT BEING ON A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20 021'47" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 1. 5.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, .AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242 027'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9 005'55" TO A POINT IN THE NORTH LINE OF SAID LOT 71, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. 25E -23 CONTAINING AN AREA OF 284 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT `B', A'I°TACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON LANO Sy�� SEPTEMBER 24, 2015 v o ANTHONY C. CUOMO, PLS 6042 Anthony Caomn h'o. 42 0 CAI.\��,� 25E -24 EXHIBT "B" O o o O IZn O O O CD EY y me) U-) ICI m II CC °i JpM 0 Z �O N n �O ..� w U WWZ O O a a a O M r` (n a 10 (U 14 U) W r G F LO Lr) O CJ �j N J �� /syf iV b ��" d' n O II) --� `r � U7 -� o S'%.�0 S� P 240 N O O N W W a 0� d- 0� a a a a N a wzw <u Imo- �3j _ U U U U U O I 02!A WW .l3ANnS #- a x 1N NI c0 N - h 1 II u W cu N too W I m I ®w Z _ h ° WOo Zu / —S3 ° a i N 0 N l• I N150 13' 071 E RAD I o S11 °40'07 "E RAD u W to 3 he o ® Z " 0 U) d co N N h N O U I ) u O m o ° Pa ° m z _ h n m (D -j h z P. R C. P. R. C. S20° 21' 47" E RAD ,00 '06 N23° 54' 14"E RAD * HE F f- — z = J z W, LO o� N< n U 25E -25 EXHIBIT "C" SPECIAL PROVISIONS A. Construction Contract Work to be performed by the CITY It is understood and agreed by and between the parties hereto that the CITY's contractor will! Either replace in kind or protect in place the site improvements which are within the described TCE area. For example, driveway, landscaping, irrigation system, etc. B. Improvements to be acquired by the CITY It is understood and agreed by and between the parties hereto that payment rendered in the Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions, but is not limited to, payment for the following acquired improvements: • 352 square feet of concrete paving • 164 square fleet of lawn 25E -26 A R CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE; EXECUTION OF REVISED ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 12- 5063F15 TO SECURE FEDERAL -AID GRANT FUNDS {STRATEGIC PLAN NO. 6, 1G} - `� �11 &i::� 11-�' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended Q As Amended Q Ordinance on 1e` Reading Q Ordinance on god Reading Q Implementing Resolution Q Set Public Hearing For_ CONTINUED TO PILE NUMBER Authorize the City Manager and Clerk of the Council to execute a revised Administering Agency -State Master Agreement No. 12- 50631715 for Federal -Aid Projects with the State of California Department of Transportation, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has an existing Administering Agency -State Master Agreement No. 12 -5063R for Federal -Aid Projects with the California Department of Transportation ( Caltrans). On August 15, 2016, Caltrans presented the City with a revised Master Agreement 12- 5063F15 to incorporate various changes in regulations and policies. Upon award of federal -aid grants for specific projects, a program supplement agreement is required to secure those funds and receive reimbursements, but that can only be done with an updated Master Agreement in place. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -1 Execution of Revised Master Agreement No. 12-5063F15 to Secure Federal-Aid Grant Funds October 18, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Fred ousavipour Executive Director Public Works Agency FM/EWG/KN EXHIBIT: 1. Agreement 25F-2 MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS 12 City of Santa Ana District Administering Agency Agreement No. 12- 5063F15' This AGREEMENT, is entered into effective this day of 20 , by and between City of Santa Ana, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE ", and together referred to as "PARTIES' or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: EXHIBIT 1 Page 1 of 26 25F -3 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no Force or effect with respect to any program project unless and until a project- specific "Authorization /Agreement Summary ", herein referred to as "E -76" document, is approved by STATE and the Federal Highway Administration (FHWA). 2. The term "PROJECT ", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully- described in an "Authorization/ Agreement Summary" or "Amendment /Modification Summary ", herein referred to as "E -76" or "E -76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA). 3, The E- 76/E -76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from /through STATE for designated PROJECT, The PROGRAM SUPPLEMENT shall also show these federal funds that have been Initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and /or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 6, ADMINISTERING AGENCY agrees to execute and return each project- specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations /obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project - specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. - — 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative /Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, state and matching funds will not participate In PROJECT work performed in advance of the approval of the E -76 or E -76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project- specific E -76 or E -76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E -76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s). Page 2 of 26 25F -4 S. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization ". 9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES ") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated In the executed project - specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE -owned right -of -way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES, ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities, 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS &E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability, ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14, ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. Page 3 of 26 25F -5 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full -time employee to be in responsible charge of each PROJECT who is not a consultant. 16. ADMINISTERING AGENCY shall submit PROJECT- specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be Included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY, 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (1) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds, ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT - related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 25F -6 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal -ald PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract, 2, ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being . clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but Injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an Individual, family, business, farm operation, or non - profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his /her dwelling or to move his /her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific. assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR, Part 24. Page 5 of 26 25F -7 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document Incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate. Page 6 of 26 25F -8 ARTICLE III - MAINTENANCE AND MANAGEMENT 1, ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well- trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires, Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All - - - - maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 26 25F -9 ARTICLE IV - FISCAL PROVISIONS 1, All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project- specific E -76 or E -76 (AMOD), the execution of each project - specific PROGRAM SUPPLEMENT, and STATE's approved finance letter, 3, ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project - specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project- specific PROGRAM SUPPLEMENT or through a project - specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations /obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. 6, ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs Incurred and claimed for reimbursement by ADMINISTERING AGENCY, ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices 11 requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and /or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8, Indirect Cost Allocation Plans /Indirect Cost Rate Proposals (]CAP /ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations).for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs /ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ]CAP /ICRP approval procedures established by STATE. 9. Once PROJECT has been awarded, STATE reserves the right to de- obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E -76 or E -76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. Page 8 of 26 25F -10 11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, If required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E -76 / E -76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non - federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, at seq., shall be used to determine the allowability of Individual PROJECT cost items. Page g of 26 25F -11 20. Every sub - recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300 -10334 (procurement of goods), PCC 10335 -10381 (non -A &E services), and other applicable STATE and FEDERAL regulations. 21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY Is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers - Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Pap© 10 of 26 25F -12 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING, AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Art of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205. - 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. 6. ADMINISTERING AGENCY shall riot award a non -A &E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (a) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 or 26 25F -13 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS. B. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor /consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 25F -14 ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for Influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering Into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B, 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 federal agency, a member of Congress, an officer.or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions, C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party 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. 2, ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be Included in all lower tier sub - agreements which exceed $100,000 and that all such sub- recipients shall certify and disclose accordingly. Page 13 of 26 25F -15 ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2, This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3, ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project - specific E -76 or E -76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby — certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the Immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT, Page 14 of 26 25F -16 10, ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in Its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY, The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof.is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It Is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to,, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any Injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY falls to proceed with PROJECT work in accordance with the project- specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and /or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance Is significantly endangered. Page 15 of 26 25F -17 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and /or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project - specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Chief, Office of Project Implementation Division of Local Assistance Date City of Santa Ana City of Santa Ana Representative Name & Title (Authorized Governing Body Representative) ME Papa 16 of 26 25F -18 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney JOHN .FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director, Public Works Agency Additional Page for City Signatures Agency -State Master Agreement Agreement No. 12- 5063F15 ATTEST MARIA D. HUIZAR Clerk of the Council 25F -19 EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290 -0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment; employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 25F -20 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, If any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 14 of 26 25F -21 EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat, 252, 42 U.S.C., 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each 'facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively Insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded fulkopportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 25F -22 5, That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall Include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub- grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. Page 20 of 26 25F -23 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26, ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and /or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub - applicants, transferees, successors in interest and other participants In the federal -aid Highway Program, Page 21 of 26 25F -24 APPENDIX A TO EXHIBIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment, ADMINISTERING AGENCY shall not participate either directly or indirectly In the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub- agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY. is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY'S noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and /or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 25F -25 (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B TO EXHIBIT B Page 23 of 26 25F -26 The following clauses shall be included In any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat, 252; 42 U.S.C. 2000d to 200gd -4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and Interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination In federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re -enter said lands and facilities on said land, and the above - described land and facilities shall thereon revert to and vest in and become the absolute property of the U,S, Department of Transportation and its assigns as such interest existed prior to this deed.* " Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 24 of 26 25F -27 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services In compliance, with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination In federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended: (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re -enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary In order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 25 25F -28 APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any Improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the promises in compliance with the Regulations. (Include in.licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING - - - -- AGENCY shall have the right to re -enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and became the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 25F -29 25F -30 0 0 . ! _ • CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: DONATION AGREEMENT WITH COMMUNITY PARTNERS TO SUPPORT THE 7TH OC FILM FIESTA (STRATEGIC PLAN NO. 5,4) lr CITY MANAGgfJ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Community Partners for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Reyna recommends appropriating Media Arts Santa Ana's 7t" OC Film Fiesta that will response to their donation request (Exhibit 1). Upon (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT $1,500 to Community Partners to support be held on Sunday, October 30, 2016, in approval of this item, a donation agreement Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 29A -1 Donation Agreement with Community Partners October 18, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Councilmember Reyna's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 29A -2 DocuSIgn Envelope ID: B9897EA3-FA97-4820-BE16-377FBA3408DC City of Santa Ana 10 Donation Request I iName: Mamie Funahashi Title: ICFO (Address: 1000 N. Alameda Street, Suite 240 City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 ,�ity, state, zip: Los Angeles, CA 90012 'phone: 1213-346-3200 Email: mfunahashi@CommunityPartners.org IF= 1213-808-16,66- [Name: I Community Partners Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as leflned under Section 501(c)(3) of the Internal Revenue Code? If No, you will only qualify for a credit for City-related costs for your request (i.e. permit fees, staff time, rental rates for facilities or equipment, etc). Costs for City services vary and if ipproved, credit may or may not cover full cost of requested City services. Select One; Yes Z If Yes, Address, City, State, Zip Tax ID 4: 19F5-4302067 City Services Credit Date Needed: Sept. 20 Mayor/Counclimember: Rayne Amount Requested: Direct Payment Amount irl 0/29 Requested: �$1500 Event ',Event Time: 17pm — --------- � El No (Event Location; I To be determined in collaboration with Councilman Reyna and community Address, City, State, Zip oroanizations based in Ward 5. Description of To support Media Arts Santa Ana (MASH) in the 7th CIC Film Fiesta and provide Event/ Purpose: free public screenings in Ward 5. Media Arts Santa Ana (MASA) is a ficPmIIv_Qr%nnQnrar1 nmiarf of r.nminniinifte PnrtnorQ n nnn-nirrifif The Film Fiesta's free family screenings in Ward 5 will promote community Community Benefit: awareness & participation in cultural spaces, community orgs, schools, parks, Applicant S '19n ature: lL S t (Date. 9/2/2016 OFW8CD842F468... Mail: City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Request DR Rarkr'nVo 9 on mhWd npvs Eligibility Met: t YES I NO City Manager Signature: Email: donationrequest@santaana.org Fax: (714) 647-6954 -_ - ------- -_ Council Meeting Date: Approved Am?unt: Date: EXHIBIT 1 Revised 11116/2015 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH COMMUNITY PARTNERS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on OCTOBER 18, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and COMMUNITY PARTNERS, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING THE 7TH OC FILM FIESTA ( "Community Benefit "), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding, 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY AWARENESS AND PARTICIPATION IN CULTURAL SPACES, COMMUNITY ORGANIZATIONS, SCHOOLS, PARKS, NEIGHBORHOOD ASSOCIATIONS, AND SMALL BUSINESSES. The foregoing is a general description of the public purpose, and is not necessarily the only public puupose to be gained from the Community Benefit, 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) for an event that will be held on Sunday, October 30, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or othertivise comply frilly with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Ternn: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 29A -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain, insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury, To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or vohmteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification, This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, The terns and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 29A -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: CITY OF SANTA ANA By: Robert C. Cortez David Cavazos Deputy City Manager City Manager City Manager's Office Attest: By — Maria D. Huizar Clerk of the Council Approved as to Form. By: -' - ui M. Funk Assistant City Attorney COMMUNITY PARTNERS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Narne Title EXHIBIT 2 29A -7 29A -8 LIP P111 i• •► CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: DONATION AGREEMENT WITH COMMUNITY PARTNERS TO SUPPORT THE 7TH OC FILM FIESTA {STRATEGIC PLAN NO. 5,41 CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _P•:• ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Community Partners for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Amezcua recommends appropriating $1,500 to Community Partners to support Media Arts Santa Ana's 7t" OC Film Fiesta that will be held on Tuesday, October 18, 2016 and Thursday, October 27, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 29B -1 Donation Agreement with Community Partners October 18, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Councilmember Amezcua's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29B -2 DocuSign Envelope ID: B9897EA3 -FA97- 4820- BE16- 377FBA3408DC w: �,,;,_' City of Santa Ana t, Donation Request IName: IMamie Funahashi Address: 11000 N Alameda Street, Suite 240 City, state, zip: Los Angeles, CA 90012 Email: mfunahashi @CommunityPartners.org Name: Community Partners i ax- Exempt status: Is your organization a non - profit or public tax - exempt organization as lefined under Section 501(c)(3) of the Internal Revenue Code? If No, you will only qualify for a credit for City- related costs for your request (i.e. permit fees, ;tall time, rental rates for facilities or equipment, etc.). Costs for City services vary and if tpproved, credit may or may not cover full cost of requested City services. (rCity Services Credit Ir Amount Requested; is Date Needed: (Direct Payment Amount j (Requested: j$ 1500 Event Date: Event Location: 10/18 Green Parrot Villa, 2035 N Main St, Santa Ana, CA 92706 Address, City, State, Zip 110/27 The Bicvele Tree. 811 North Main Street Santa Ana. CA. 92701 IDescription of To support Media Arts Santa Ana (MASA) in the 7th OC Film Fiesta and to Event l Purpose: provide free public screenings in Santa Ana's Ward 3. MASA is a fiQrally_annnCnrpA nrniarf of (:nmmnnity PartnnrQ n 5n1lrwk9 non- nrnfif Community Benefit: The Film Fiesta will spotlight N. Main as an area of cultural vitality, and the free ( family screenings will promote community awareness & participation in cultural !Applicant Signature: r° tL S (Date: 1 9/2/2016 City Manager's Office — M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647 -5200 CFO Phone: 1213-346-32-06 ;Pax; 1213- 808 -1009 (Select One: I Yes ❑ No r If Yes, Tax ID 0: 95-4302067 Sept. 20 'Mayor /Councilmember: 10/18 & 10/27 IlEvent Time: Amezcua 7pm Mad City Manager's Office —M -31 Email donationrequest @santa - ana.org 20 Civic Center Plaza Fax (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request tt:.. DR -- Rcferencf $ vn af7 rcre?est rii °tr9 Council Meeting Date: Eligibility Mot! YES I No Approved Amount I City Manager Signature: Date: - i EXHIBIT 1 Revised 11/16/2015 r•- CITY OF SANTA ANA DONATION AGREEMENT WITH COMMUNITY PARTNERS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on OCTOBER 18, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and COMMUNITY PARTNERS, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement, 2. RECITALS 2.1 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient in HOSTING THE 7TH OC FILM FIESTA ( "Community Benefit "). The Parties wish. to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2,2 Public Purpose. The City, by recommendation of COUNCILMEMBER ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY AWARENESS AND PARTICIPATION IN CULTURAL SPACES, COMMUNITY ORGANIZATIONS, SCHOOLS, PARKS, NEIGHBORHOOD ASSOCIATIONS, AND SMALL BUSINESSES. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) for an event that will be held on Tuesday, October 18, 2016 and Thursday, October 27, 2016, because the City has determined that there is a public ,purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3,2 Term; Termination of Agreemeut. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. 'lire City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers. Insuraz7ce or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversig t by-City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City, Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid writs, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification, This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement, The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party EXHIBIT 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: �. David Cavazos City Manager Attest: By: Maria D. Huiza r Clerk of the Council Approved as to Forin: By: to M. Funk Assistant City Attorney COMMUNITY PAR'T'NERS a 501(c)3 NON - PROFIT ORGANIZATION By: -- Signature EXHIBIT 2 29B -7 Name Title r•- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: DONATION TO SUPPORT JACK FISHER PARK NEIGHBORHOOD ASSOCIATION'S 2017 SUMMER KICK -OFF EVENT (STRATEGIC PLAN NO. 5, 4) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .1 - :5 O, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve a donation request from Jack Fisher Park Neighborhood Association for a one -time donation in the amount of $1,000. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Council Special Event Sponsorship Policy and guidelines for disbursement of discretionary funds. The resolution and policy outline eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilwoman Martinez recommends appropriating $1,000 to support Jack Fisher Park Neighborhood Association's 2017 summer kick -off event that will be held on Saturday, June 24, 2017, in response to their donation request (Exhibit 1). Upon approval of the donation request, funds in an amount not to exceed $1,000 will be appropriated to pay for related City staff fees associated with their event. 29C -1 Donation to Support Jack Fisher Park Neighborhood Association's 2017 Summer Kick -Off Event October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Special Event Sponsorship Policy are available in the FY 2016- 17 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilwoman Martinez's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 29C -2 City of Salta Ana City Ma 20 CivcCenter Plaza _ Donation Request P.O. Box 1988 Santa Ana, CA 92702 (714) 647 -5200 s a e Name: Nicki Luna - Hernandez Title JFPNA Secretary (Address: [701 W Jonquil Road city, State, zip:' Santa Ana, CA 92706 �Pnone: I (310) 944 -0041 Emau: � nIuna21 @yaIn oo.com Orgartizatio Name: _ Jack Fisher Park Neighborhood Association :�-- � ®____._____ mss__ �_.�.— _ __ Tax•Exempt Status: Is your organization anon- profit or public tax - exempt organization as f �— -- Select One: defined under Section 501(c)(3) of the Internal Revenue Code? �❑ Yes � No If No, you will only qualify for a credit for City - related costs for your request (i.e. permit fees, �� staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if iIf Yes, approved, credit may or may not cover full cost of requested City services. jTax ID #: _---- City Services Credit g '� OOO �_�--- Date Needed: ��_ —_— 5/1 /17 MayorlCouncilmember:' �� Martinez Amount Requested— Daect Payment Amount $ — N/A — ��.30pm Event Date: 6/24/17 Event rime: C J - 9:OOpm Requested: Event Location: Jack Fisher Park, 2501 N Flower Street, Santa Ana, CA 92706 Address, City, State Zip Kick -off to summer: family picnic and movie night for the four neighborhoods surrounding Jack Description of Event /Purpose: Fisher Park. Credit would cover costs associated with the City hosting a movie night (i.e. movie license, staff, and equipment fees). Lends positive usage at the park for the surrounding neighborhoods; fosters a community Benefit (continued effort by neighborhood associations to improve the environment at the park. I _ Applicant Signature:. 'Date - uJ Wi6"qqMp-leto-dfoirm- Via; Mail: City Manager's Office —M -31 20 Civic Center Plaza Email: donationrequest @santa - ana.org Fax: (714) 647 -6954 P.O. Box 1988 Santa Ana, CA 92702 fa+N Donation Request #: DR Reference # on all related 0PVs Council Meeting Date:. Eligibility Met: YES./ NO - _ Approved Amount: City Manager Signature: i Date: EXHIBIT 1 Revised 11116/2015 sIRCR 29C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -12 TO ALLOW THE 24 -HOUR OPERATION OF 7- ELEVEN MARKET AT 2626 NORTH BRISTOL STREET, UNIT B — RALPH DEPPISCH, APPLICANT (STRATEGIC PLAN NO. 3,2) J CITY MANAGER • r r • CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -12 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 26, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -12 as conditioned to allow the 24 -hour operation of a retail market at a new 7- Eleven market at 2626 North Bristol Street, Unit B, in the Community Commercial (C -1) zoning district. The Planning Commission added conditions of approval to the project requiring a block wall to be constructed that will restrict access to the rear of the building and installation of landscaping on the block wall to deter graffiti (Exhibit A). DISCUSSION 7- Eleven is requesting approval of a conditional use permit to operate a retail market located at 2626 North Bristol Street, Unit B on a 24 -hour basis. The 2,260- square -foot tenant space is currently occupied by a retail market, which 7- Eleven is proposing to acquire, rebrand, and operate. The conditional use permit for after -hours operations will allow the retail market the ability to sell alcoholic beverages until 2:00 a.m. 7- Eleven is also proposing site improvements that include new landscaping, parking lot lighting, repairs and enhancements to the trash enclosure, and to increase the height of the CMU (concrete masonry unit) block walls between the site and neighboring residential properties. The applicant will also remove the vending machines that are currently located along the front elevation of the building and are operated by the existing retail market. No changes to the exterior of the building are proposed as part of this project. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP No. 2016 -12 — 7- Eleven Market After -Hours at 2626 North Bristol Street, Unit B October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item 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). FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghalni, Al IMP Executive Director Planning & Building Agency RS: rb RS:Repods \CUP 2016 -12 2626 N Bristol St —CUP 16-12. cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR ILL WI` G CtJNVVMIISS ON MIEE'rING DATE SEPTEMBER 26, 2016 PUBLIC HEARING - FILED BY RALPH DEPPISCH FOR CONDITIONAL USE PERMIT NO. 2016 -12 TO ALLOW THE AFTER -HOURS OPERATION OF 7- ELEVEN MARKET AT 2626 NORTH BRISTOL STREET, UNIT B (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto PLANNING' COMMISSION SECRETARY APPROVED El As Recommended ] As Amended ❑ set Public; Hearing For DENIED Applicant's Request El Staff Recommendation CON Executive 1 irector Planning Manages' RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -12 as conditioned to allow after - hours operation. Request of Applicant Ralph Deppisch, representing 7- Eleven, is requesting approval of a conditional use permit to allow the 24 -hour operation of a retail market at a new 7- Eleven market proposed at 2626 North Bristol Street, Unit B. Retail markets having less than 20,000 square feet of floor area which are open any time between the hours of 12:00 midnight and 5:00 a.m. require the issuance of a conditional use permit (CUP) per Santa Ana Municipal Code (SAMC) Section 41 -365.5 (h). Project Location and Site Description 7- Eleven is proposing to occupy a commercial tenant space within an existing retail shopping center located on the southwest corner of Bristol Street and Memory Lane. The project site is approximately 21,698 square feet in size and contains a 4,400- square -foot commercial building, landscaping, a trash enclosure, and a 17 -space surface parking lot. Although parking on the site does not meet the off - street parking requirements contained within the SAMC, the subject application does not require construction of additional parking spaces or a discretionary action application to allow a reduction in required parking because uses on the site are not being intensified, nor is the subject building being expanded in size. As such, the provisions of the SAMC's non - conforming ordinance apply, which allows the current parking provided at the site to remain. The General Plan land use designation for the site is General Commercial (GC), which allows for neighborhood serving facilities and services such as retail shopping centers. The site is located within the Community Commercial (Cl) zoning district. The Community Commercial zoning district allows for retail uses such as the proposed 7- Eleven market. Land uses surrounding the site include single - family residential to the west and south, commercial uses to the east, and a vacant parcel and multiple - family residential to the north (Exhibits 1, 2 and 3). EXHIBITA 1 Conditional Use Permit No. 2016 -12 September 26, 2016 Page 2 Proiect Description 7- Eleven is requesting approval of a conditional use permit to operate a retail market located at 2626 North Bristol Street, Unit B on a 24 -hour basis. The 2,260 - square -foot tenant space is currently occupied by a retail market, which 7- Eleven is proposing to acquire, rebrand, and operate on a 24- hour basis. This request for a conditional use permit for after -hours operations will allow the retail market the ability to sell alcoholic beverages until 2:00 a.m. 7- Eleven is also proposing site improvements that include new landscaping, parking lot lighting, repairs and enhancements to the trash enclosure, and to increase the height of the CMU block walls between the site and neighboring residential properties. The applicant will also remove the vending machines that are currently located along the front elevation of the building and are operated by the existing retail market. No changes to the exterior of the building are being proposed as part of this project (Exhibits 4 and 5). Proiect Background 7- Eleven is a retail operator based in Dallas that has been in operation for nearly 90 years. 7- Eleven operates, franchises, and licenses retail stores in 18 countries, with approximately 8,600 stores located in the United States and Canada. 7- Eleven is proposing to acquire an existing retail market with a Type 20 ABC license, which has no history of disciplinary action, and to operate on a 24 -hour basis. Conditional Use Permit No. 1996 -05 was approved in 1996 which allowed the sale of beer and wine from the retail market. An application and appeal to upgrade the license type were submitted in 2008. Subsequently, the request for an upgrade in license type and appeal were denied due to the census tract being over - concentrated. Proiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. 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. Staff has reviewed the applicant's request to operate a retail market on a 24 -hour basis. In analyzing the request, staff believes that the following findings of fact warrant approval of the respective conditional use permit. The SAMC provides for the regulation of retail markets having less than 20,000 square feet of floor area which operate between the hours of 12:00 midnight and 5:00 a.m. subject to a conditional use permit in the Community Commercial (Cl) zoning district. The purpose of regulating after -hours operations of small retail markets is to preserve the neighborhood characteristics, minimize impacts to surrounding areas, and to ensure the site does not become an attractive nuisance. 31A-4 Conditional Use Permit No. 2016 -12 September 26, 2016 Page 3 The proposed 24 -hour operation will provide an additional service and convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient to a broad range of customers. The proposed 24 -hour operation will not be detrimental to the health, safety, and welfare of the community. The proposed use is in a reporting grid that is below- average in reported police related incidents. Further, the after -hours use will not be detrimental to the persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The approval of the 24 -hour operation for a retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the uses within the shopping center. The proposed after -hours use 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 and to ensure the use does not impact neighboring properties or create an attractive nuisance. Lastly, the proposed after -hours operation 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 will also be consistent with several goals and polices of the General Plan, including Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and mitigate any potential impacts. Police Department Analysis The Police Department reviews conditional use permit applications for the after -hours operations of retail markets in order to ensure that potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For after -hours operations, the Police Department analyzes the crime rate in the area by matching the location of the business' census tract to the corresponding Police Grid. The City of Santa Ana is broken up into 102 police reporting grids. The Police Department generates an annual report, the Citywide Incident Rankings report, which ranks these reporting grids based on police activity. Those grids in the top 20 percent of activity are considered high crime and are further scrutinized for issues of over concentration. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 2626 North Bristol Street, Unit B, is located in Reporting District No. 122. Reporting District No. 122 ranks 92nd out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the 31A-5 Conditional Use Permit No. 2016 -12 September 26, 2016 Page 4 State for high crime. The Police Department contends that the conditions of approval and operational standards applicable to after -hours operations will mitigate any potential negative impacts to the surrounding community. Further, the use will operate indoors, minimizing potential noise impacts associated with an after -hours use. Public Notification The project site is located within the Casa de Santiago Neighborhood Association and in close proximity to the Bristol Memory Coalition Neighborhood Association, Morrison /Eldridge Park Neighborhood Association, and Fisher Park Neighborhood Association. Staff notified the representatives of the neighborhood associations, who identified no concerns with the proposed project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, written and electronic communications stating concerns with the subject project had been received from respective members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the 24 -hour operation of an existing retail market from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. 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). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -12 as conditioned. Ricardo Soto Associate Planner RS:jm RS:Reports\CUP 2016 - 12\2626 North Bristol St — CUP 2016- 12.092616.pc 31A-6 Conditional Use Permit No. 2016-12 September 26, 2016 Page 5 Attachments: Exhibit I — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-7 City ( Orange R D 2P P VP Z D �� 0 J O OJ 22 GARDEN GROVE - FREEWAY Al - 0 o ai Riv. 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COMMMAUMU�MDI5IRCi MO MIUTARIOP TONS R4 SJBUR2ANAMRIMENTS C2 GMALCOMME7AL 0 OP SAGE RE R D&47AL6AM m �LWSNE� P �FE OWL SJ SIMRCDEVO.OPNBJT C A CINi LEUSNESSARRSTWAGE PTJ RANNBUCOMMUNI "NDEVO.OPMI S' S RCP N G RANNEDSOMNG� ER H8 PANNEDBDENTALDEVEA EJI' a ARIEEALCOMMERIAL CUP 2016 -12 7- ELEVEN AFTER -HOURS 2626 NORTH BRISTOL STREET, UNIT B - - =500 FEET 1 "= 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VI¢IlITAMQP __l/ MULTI - FAMILY RESIDE C E S I N G L E- A I L Y R E S D N E F— w w ~ MULTI- FAMILY RESIDENCE MULTI - FAMILY R E S I D E C E COMMERCIAL VACANT to N N MEMORY LANE SINGLE FAM LY ESI ENC ,��Eji,�i COMM. J fSk,Tr% W �I O ¢ z u LL w Q z J_ W LL W V) _ Q F LL J ESI D N l7 w — Z cc z � � CUP 2016 -12 7- ELEVEN AFTER -HOURS 2626 NORTH BRISTOL STREET, UNIT B SV 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 EXHIBIT2 31A-9 CUP 2016 -12 2626 NORTH BRISTOL STREET, UNIT B SITE PHOTO EXHIBIT 3 31A -10 Pn r I n _.: ..... .... .. .... f� l of Ci I 1 MIg., �wN i M 1 h � l 4 I�u �f'{�O IS PISPO 'N ' I I^ M N EXHIBIT 4 31A-1 1 I 4 ly r �ir �dh p4 I r _.: ..... .... .. .... f� N 1 n 1ppl Atltl 'f m +l � rr x` I �I la j q I EXHIBIT 4 31A-1 1 I 4 ly r �ir �dh p4 I n d�� a $ _.: ..... .... .. .... ..... d I 1 n 1ppl Atltl 'f m +l � j q I _.: ..... .... .. .... ..... d 'f m +l � 12 a 92 EXHIBIT 5 31A-12 LS 9.12.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -12 AS CONDITIONED TO ALLOW 24 -HOUR OPERATION OF A RETAIL MARKET AT THE PROPERTY LOCATED AT 2626 NORTH BRISTOL STREET, UNIT B 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. 2016 -12 to allow 24 -hour operation at the property located at 2626 North Bristol Street, Unit B. B. Santa Ana Municipal Code Section 41- 365.5(h) requires approval of 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 zoning district. Applicant is proposing a 24 -hour retail convenience store operation. C. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -12. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -12 to allow for after -hours operation: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed 24 -hour operation of the retail market 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 proposed use will not negatively affect the surrounding community as Resolution No. 2016 -xx 31A-13 Page 1 of 7 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 applicant can better serve the community by providing added convenience and a one -stop shopping experience. 2. 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. 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 retail market is located in an area that is below- average in police - related incidents and is located within Reporting District No. 122, which ranks 92nd 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. That the proposed use will not 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 consideration and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24 -hour operation for the retail market 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. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable standards in 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 Resolution No. 2016 -xx 31A-14 Page 2 of 7 project remains in compliance with all applicable codes and regulations related to 24 -hour operation to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. 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. 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 impact 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 Polices 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 residential properties to the west and south will be mitigated by an eight -foot -high block wall. E. 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. General Rule Exemption Environmental Review No. 2015 -83 will be filed for this project. The project proposes to allow the 24 -hour operation of a retail market in an existing structure. No expansion of square footage or modification to the exterior of the building is proposed. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -12 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2626 North Bristol Street, Unit B. This decision is based upon the evidence submitted at the Resolution No. 2016 -xx 31A-15 Page 3 of 7 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26" day of September, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2016 -xx 31A-16 Page 4 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2016 -12 Conditional Use Permit No. 2016 -12 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 approval. 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. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015 -40). 2. The applicant shall remove any unpermitted outdoor vending machines. 3. 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 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. 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. Resolution No. 2016 -xx 31A-17 Page 5 of 7 6. A timed - access cash controller or 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 applicant 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. 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 parking lots. Resolution No. 2016 -xx 31A-18 Page 6 of 7 h. 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 contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2016 -xx 31A-19 Page 7 of 7 31A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -35 TO ALLOW THE EXPANSION OF THE KIDWORKS CHILD CARE FACILITY AT 1910 WEST CHESTNUT AVENUE — RALPH HASTINGS, APPLICANT {STRATEGIC PLAN NO. 3,21 CITY MANAGE& RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•*r0 PJ 0 As Recommended ® As Amended Ordinance on let Reading (� Ordinance on 2 "d Reading [� Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -35 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 26, 2016, by a vote of 5:0 (Bacerra abstained, Bauer absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -35 as conditioned to allow the expansion of the KidWorks child care facility into an adjacent industrial building at 1910 West Chestnut Avenue located in the Light Industrial (M -1) zoning district. The Planning Commission added a condition of approval to void the original Conditional Use Permit for the KidWorks project upon recordation of a voluntary lot merger that merges the two lots into a single parcel (Exhibit A). DISCUSSION KidWorks is proposing to expand their existing non - profit childcare facility into an adjacent 10,366 - square -foot industrial building at 1910 West Chestnut Avenue. The proposed project will allow KidWorks to expand their child care, tutoring and after - school activities and increase their ability to provide services to the youth of the surrounding neighborhood. Hours of operation for the facility will continue to be from Monday through Friday from 8:00 a.m. to 7:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m. Additionally, various community activities and special events will continue to occur on weekends and later in the evenings. Numerous improvements are proposed to ensure the new building is consistent with the existing KidWorks building and site. Exterior improvements such as the resurfacing and re- striping of the parking lot, new windows and doors, an entry canopy and a landscaped trellis will be made. In addition, interior improvements such as new staff office spaces, learning labs and a fitness area will be completed. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 CUP No. 2016 -35 —Expansion of KidWorks Child Care Facility at 1910 West Chestnut Avenue October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item 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). FISCAL IMPACT There is no fiscal impact associated with this action. assan Hagh ni, AI ' Executive Director Planning & Building Agency VF:rb vhreports \CUP \cup16 -35 Kidworks.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST IFOR PLAIT' IMNG COMMMSII0N IMEE'riNG DA'fE SEPTEMBER 26, 2016 TII'tLR: PUBLIC HEARING — FILED BY RALPH HASTINGS FOR CONDITIONAL USE PERMIT NO. 2016 -35 TO ALLOW THE EXPANSION OF THE KIDWORKS CHILD CARE FACILITY AT 1910 WEST CHESTNUT AVENUE (STRATEGIC PLAN NO. 3, 2) Prepared by Vince Fregoso Pi Executive Dire. for RECOMMENDED ACTION N` ILANMNG COMMISSION SECRETARY A1= "4=yROVED As f" ecornrnended J 0 \t:; Ameride -d 1::1 Eiet f'i.ilbkc Hearing For DENIED D E] Applicant's Request Cl Staff Rpcomrne.ndation cONI-INUED TC) Adopt a resolution approving Conditional Use Permit No. 2016 -35 as conditioned. DISCUSSION Request of Applicant Ralph Hastings, on behalf of KidWorks, is requesting approval of a conditional use permit in order to allow the expansion of the KidWorks child care facility into an adjacent industrial building at 1910 West Chestnut Avenue. Specifically, the applicant is requesting approval per Section 41- 472.5(c) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for child care facilities in the Light Industrial (M -1) zoning district. Project Location and Site Description The project site is approximately 0.45 acres in size and is located one parcel west of the southwest corner of Chestnut and Daisy Avenues, where the existing KidWorks facility is situated. The site contains an existing single -story, 10,366- square -foot industrial building that was historically occupied by a variety of manufacturing businesses. The property is zoned Light Industrial (M1), which is consistent with the General Plan Land Use Designation of Industrial (IND). Uses such as the child care facility are supportive of industrial uses and is consistent with both the general plan and zoning designations. The project site is bounded by the City Yard to the north, light industrial to the west, single - family residences to the east, and multi- family residences to the south (Exhibits 1, 2 and 3). EXHIBITA 31 B -3 Conditional Use Permit No. 2016 -35 September 26, 2016 Page 2 Proiect Description KidWorks is proposing to expand their existing non - profit childcare facility into an adjacent 10,366 - square -foot industrial building at 1910 West Chestnut Avenue. The proposed project will allow KidWorks to expand their child care, tutoring and after - school activities and increase their ability to provide services to the youth of the surrounding neighborhood. Hours of operation for the facility will continue to be from Monday through Friday from 8:00 a.m. to 7:00 p.m. and on Saturday from 8:00 a.m. to 12:00 p.m. Additionally, various community activities and special events will continue to occur on weekends and later in the evenings. The applicant is proposing numerous improvements to ensure the new building is consistent with the existing KidWorks building and site. Exterior improvements such as the resurfacing and re- striping of the parking lot, new windows and doors, an entry canopy and a landscaped trellis will be made. In addition, interior improvements such as new staff office spaces, learning labs and a fitness area will be completed (Exhibits 4, 5 and 6). The City's parking standard for a child care facility is one space per eight individuals plus one space per teacher (SAMC 41- 1412). Based on this parking ratio, a total of 22 parking stalls are required, with 23 spaces to be provided for the existing and proposed KidWorks facility. Project Background In the early 1990's, KidWorks began operations in Santa Ana, more specifically the area near their current facility, by providing tutoring and educational resources to pre - school through high school aged children. Due to limited resources, KidWorks had to locate within two residential apartment buildings. Due to the success of the program, KidWorks was able to find a permanent home and purchase the 1902 West Chestnut Avenue building and provide enhanced child care and tutoring services. KidWorks obtained the necessary City approvals (CUP No. 2004 -10) to operate within the industrial zoning district. KidWorks is once again seeking to expand their facility and provide additional services to the youth of the community. Proiect Analysis The Santa Ana Municipal Code (SAMC) provides for the regulation of child care facilities subject to a conditional use permit in the Light Industrial (M -1) zoning district. The purpose of regulating child care facilities is to preserve the industrial character of the existing neighborhood while still allowing support commercial and service uses that are compatible with industrial uses, such as a child care facility. As proposed, the project is in compliance with the provisions of the Santa Ana Municipal Code (Zoning Code /Chapter 41) that are applicable to a child care center in the Industrial zoning district. Parking for the project meets code requirements as 22 parking spaces are required and 23 will be 31 B -4 Conditional Use Permit No. 2016 -35 September 26, 2016 Page 3 provided on the project site. In addition, upgrades are proposed to the existing site and parking lot, including fagade upgrades, the resurfacing and re- striping of parking areas and new parking lot lighting, which will bring the site into closer compliance with the industrial development standards. The proposed site, in conjunction with the existing location, will provide the space and amenities to serve more children, resulting in a greater benefit to the community. To avoid possible impacts associated with the proposed use, conditions have been added to the conditional use permit that will mitigate any negative impacts associated with the operation of the facility. It is not anticipated that the proposed child care facility, in conjunction with the proposed conditions, will create negative impacts to the surrounding business or residential community. Approval of the conditional use permit will allow KidWorks the ability to continue to provide community and educational services to the surrounding community. The proposed child care facility supports several goals and policies of the General Plan, including Policy 1.8 of the Land Use Element, which encourages the development of non - profit recreational facilities and services, and Policy 5.1 of the Land Use Element, which encourages development which has a net benefit to the community. The expanded childcare facility will continue to provide a long -term social benefit to the community as the project will increase the educational competence of children in the immediate area and will provide a supportive learning environment for children of all ages. These services will serve to increase the safety and general welfare of children in the area. Additionally, no adverse impacts are anticipated as a result of the project's approval. At the time of this report, there were no code enforcement violations on the subject site. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3). The general rule exemption allows projects to be exempt from CEQA if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. As the project entails the occupancy of an existing building with no building expansion, and the building will be in compliance with all provision of the Municipal Code, and no adverse environmental impacts will result from the child care use, it has been determined that the project will not have an effect on the environment and is exempt from further review. General Rule Exemption Environmental Review No. 2012 -39 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 business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 B -5 Conditional Use Permit No. 2016 -35 September 26, 2016 Page 4 Conclusion The rehabilitation of an existing building and site for the KidWorks child care expansion project will be consistent with several provisions of the General Plan. Further, it will allow the expansion of an existing use that provides a benefit to the community on an underutilized parcel of land. As a result, staff recommends approval of Conditional Use Permit No. 2016 -35 as conditioned. Vince Fregoso, AICP Principal Planner--_,. VF:jm vflreporls \cup% -35 Kidworks.092616.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Building Elevations MEW FIRST ST. 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ANNMOJMIOIJNITYDEr/BOW 9' S RCIL N R NNM91 N(GCBJi92 (M ARrMALCOMMEFCAL CUP 2016-35 k KIDWORKS S, I 1910 WEST CHESTNUT AVENUE 500 FEET 1000 FEE7 P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3484 c 1 T r Y A P D CHESTNUT AVENUE MYRTLE 0 z r W w 5 1 N G L E F A M_ 1 L Y vwrl B E S I D E N i A I. r r r 0 CUP 2016 -35 STREET 5 N 6 I. 5 F A M L Y P E S I D E N T I A I. KIDWORKS 1910 WEST CHESTNUT AVENUE r r Fj Y Z Q K P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -8 CUP 2016 -35 KIDWORKS 1910 WEST CHESTNUT AVENUE EXHIBIT 3 31 B -9 PvP +rS N! v l PE 5 4 r� E. /J '4M v 4 EOLM VINUQdIIVO 'VNV VJ.NVS'3AV in N1S3HO 1S3M UBL � 7 r s y I piE s I I I W � Q LI 1 1 _ ; �f I 0 r r e r r 1 r r � { 133211S i.SIVO rr .S7rJ4/1/1p�il wf al t . j n� r � m w 40 SiN3INAAOUdIAI INVN31 Q� l I r � w U 3 1' 41 lBV.F E�FTIBIT 4 ,• d U w G, 9 G 4 e1.J S NJ 4i �. � 7 r s y I piE s I I I W � Q LI 1 1 _ ; �f I 0 r r e r r 1 r r � { 133211S i.SIVO Jl rr s wf al t . j n� r � m w U U r Q� l I r � w U 1' 41 lBV.F E�FTIBIT 4 Jl rr �mY wf al t . j n� r � m w U U r Q� l I r � w U 1' Jl al Z Q a a m w m m w U Q w1J, �r �4 ,1 t . j al Z Q a a m w m m w U Q w1J, qlm of al L j T I CUM VINHOJIIVO 'VNV ViNVS ']AV InNIS3K) iS3AA M� A —7 — 3, L C, 31EPIlrPIT 5 tdm —7 — L C, 31EPIlrPIT 5 tdm soLzs VIN80311VD 'VNV V1NVS'3AV In NiS3HO1S3M M6l S>IJOAAPIj 80ASiN5NN AO dwi INVN31 a x ft� N r Y e x, .90 'G C dC-1 Cl (, f� 110J )U. ,.L u➢ "tQ O f y W b h' 0 0i IB �I JI J L, 1.. J G� p FI _ QI I t F I «L L 1 9 r 9 m 2i Q' Lp W 11 K ML Z; O; h; >f wj WI M Q LS 9.26.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -35 AS CONDITIONED TO ALLOW THE EXPANSION OF THE KIDWORKS CHILD CARE FACILITY INTO AN ADJACENT BUILDING AT THE PROPERTY LOCATED AT 1910 WEST CHESTNUT AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016 -35 to allow KidWorks to expand their child care facility into an industrial building located at 1910 West Chestnut Avenue. B. Santa Ana Municipal Code Section 41- 472.5(c) requires approval of a conditional use permit for child care facilities within the Light Industrial (M- 1) zoning district. Applicant is proposing to expand an existing child care facility at 1902 West Chestnut Avenue into a building located at 1910 West Chestnut Avenue. C. On September 26, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -35. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -35 to allow for a child care facility: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The KidWorks child care facility will provide services that contribute to the well -being of the surrounding community. The expansion project will allow KidWorks the ability to provide the resources students need to increase their educational competence. The project will provide additional space and amenities needed to serve more children, thus benefiting the entire neighborhood. Resolution No. 2016 -xx 31 B -13 Page 1 of 5 2. 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. The proposed childcare facility will not be detrimental to the health, safety or welfare of persons in the area as the project will provide a safe and supportive learning environment for children of all ages. These services will increase the safety and welfare of children in the community. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not adversely affect the economic viability of the area. The occupation of the building with a new use will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area. Further, improvements such as interior tenant improvements, fagade upgrades and the restriping and repaving of the parking lot will identify this area as a stable area ready for additional investment. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. KidWorks will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that regulate child care uses, including applicable Building and Fire Codes. In addition, there are no code enforcement violations on the subject site at the time of this report. 5. 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. The proposed child care use is consistent with the General Plan's Land Use Element policies to encourage the development of nonprofit facilities and services as well as promote uses that provide a positive contribution to neighborhood character and identity. There are no specific plans in the immediate area. E. 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 Resolution No. 2016 -xx 31B-14 Page 2 of 5 possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2012 -39 will be filed for this project. The project proposes to allow the occupancy of an existing building with no building expansion, and the building will be in compliance with all provisions of the Municipal Code. No adverse environmental impacts will result from the child care use, and it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. Section 2. 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 sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -35 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1910 West Chestnut Avenue. 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 September 26, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26`h day of September, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson Resolution No. 2016 -xx 31 B -1 5 Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2016. by=- Acting Recording Secretary City of Santa Ana Resolution No. 2016 -xx 31 B -1 6 Page 4 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2016 -35 Conditional Use Permit No. 2016 -35 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 approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012 -20 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. There shall be no outside services or activities permitted outdoors other than within the enclosed outdoor play area. All temporary outdoor events shall be in compliance with Section 41 -195 of the Santa Ana Municipal code and subject to an approved Land Use Certificate. 4. There shall be a maximum of 88 children permitted at any given time for the proposed childcare facility. Any additional number of children will require additional parking and further review of the conditional use permit. 5. A minimum of 22 parking spaces shall be provided at all times. All stalls shall be double striped and shall not encroach into required landscape areas. 6. Landscaping, once installed, shall be maintained per the approved landscape plan. 7. Prior to issuance of a certificate of occupancy, the parking lot needs to be repaired and repaved per city standards. Resolution No. 2016 -xx 31 B -1 7 Page 5 of 5 31 B -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED REGIONAL PLANNED SIGN PROGRAM p As s ommended NO. 2016 -02 FOR THE HUTTON CENTRE 0 Ordinance on 1a` Reading MIXED -USE DEVELOPMENT — C] ordinance on Re Reading l JEFF SHERMAN, APPLICANT ® Set Public Hearing For {STRATEGIC PLAN NO. 3, 2) R CONTINUED TO FILE NUMBER CITY MANAGER 10*161!A16140104!!: 111101k'I Receive and file the staff report approving Regional Planned Sign Program No. 2016 -02 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on September 26, 2016, by a vote of 7:0, the Planning Commission adopted a resolution approving Regional Planned Sign Program No. 2016 -02 as conditioned to allow a variety of wall, freestanding, directional and digital signs at the existing mixed -use development site adjacent to the Newport -Costa Mesa (SR -55) Freeway at 4 Hutton Centre Drive located in the Specific Development No. 76 (SD -76) zoning district. The Planning Commission added a condition of approval to the project that requires the digital component of the electronic sign to be turned off between the hours of 11:00 p.m. and 6:00 a.m. (Exhibit A). DISCUSSION The applicant is proposing to construct a variety of signs, including wall, freestanding, directional and digital signs, at Hutton Centre. Wall signs will identify the various tenants within the six office buildings. These include Major Building Identification signs, which are located on the top floor of a building, or eyebrow signs, which are located on the ground floor of a building. Freestanding signs, such as a retail monument sign to identify the tenants within the retail building, tenant monument signs to identify the major tenants within each office building, Project ID signs that depict the name of the development (Hutton Centre) and a digital Project ID sign adjacent to the SR -55 Freeway, are also proposed. The digital sign, proposed at 31 feet tall, will contain signage identifying the name of the development and will be limited to tenants and activities on the premises. The digital sign will incorporate a minimum of five percent of the display time (minimum of three minutes per hour) to the City for public service announcements, warning messages or other similar messages as requested by the City. Finally, a series of secondary signage is proposed for the site. This signage includes directional signs, building address signs, vehicle regulation signs and other legal notice signs. Full - sized site plans are available for public viewing in the Clerk of the Council Office. 31 C -1 Regional Planned Sign Program No. 2016 -02 — Hutton Centre Signs at 4 Hutton Centre Drive October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item 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). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hagh ni, Al Executive Director Planning & Building Agency VF:rb vflReport\RSPG 2016 -02 Hutton RPSP.cc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST R 'Iar nr rig C mrri'Is jon Actjon PLANNMG C M6'UdflSSnON MEETING DA't E SEPTEMBER 26, 2016 TkTt. E PUBLIC HEARING — FILED BY JEFF SHERMAN TO ALLOW REGIONAL PLANNED SIGN PROGRAM NO. 2016 -02 FOR THE HUTTON CENTRE MIXED -USE DEVELOPMENT (STRATEGIC PLAN NO. 3,2) Prr p area by Vince Fregoso PLANlNNG COMMISSM SECRIE'rARY Af''PR(:)VFD \•. Recommended D As Amended :1 `let Public, Hearing For DEMED El Apislicant'.s Request LJ Staff Recom me ndaabon CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Regional Planned Sign Program No. 2016 -02 as conditioned. Request of the Applicant Jeff Sherman, representing Lakeside Partners Hutton LLC, is requesting approval of a comprehensive regional planned sign program for the Hutton Centre mixed -use development pursuant to Section 41 -885 of the Santa Ana Municipal Code (SAMC). Specifically, the applicant is requesting approval of a variety of wall, freestanding, directional and digital signs at the existing mixed -use development site. Project Location and Site Description Hutton Centre is a 43 -acre master planned, mixed -use development located on the south side of MacArthur Boulevard between Main Street and the Newport -Costa Mesa (SR -55) Freeway. Hutton Centre is developed with several buildings, including a five -level apartment project, two high rise residential towers, six office buildings, a food /retail building, a DoubleTree Club hotel, a Courtyard by Marriott Hotel and four parking structures. The buildings range in height from one -story for the retail /food building to 25- stories for the two residential towers. The square footage of the various buildings totals almost 2,000,000 square feet of floor area (Exhibits 1, 2 and 3). The overall project site is zoned Specific Development No. 76 (SD -76) and has a General Plan land use designation of District Center (DC). The proposed sign program is consistent with these designations. Surrounding land uses include the MacArthur Place mixed -use development to the north, the Newport-Costa Mesa (SR -55) Freeway and the City of Costa Mesa to the east, office development to the south and the Sandpointe residential neighborhood to the west. EXHIBITA 31 C -3 Regional Planned Sign Program No. 2016 -02 September 26, 2016 Page 2 Project Description The applicant is proposing to construct a variety of signs in several distinct categories, including wall, freestanding, directional and digital sign types at Hutton Centre. These signs are intended to identify the name of the development or tenants located on the site. A combination of wall signs is proposed to identify the various tenants within the six office buildings. These signs include Major Building Identification signs, which are located on the top floor of a building, or eyebrow signs, which are located on the ground floor of a building. The applicant is also proposing a variety of freestanding signs for the development. This will include a retail monument sign to identify the tenants within the retail building, tenant monument signs to identify the major tenants within each office building, Project ID signs that depict the name of the development (Hutton Centre) and a digital Project ID sign adjacent to the SR -55 Freeway. The digital sign, proposed to be 31 feet tall, will contain signage identifying the name of the development and will be limited to tenants and activities on the premises. The proposed digital sign will utilize LED lighting, with both automatic and manual dimming capabilities as park of the sign function. The sign will also incorporate a minimum of five percent of the display time (minimum of three minutes per hour) to the City for public service announcements, warning messages or other similar messages as requested by the City. Finally, a series of secondary signage is proposed for the site. This signage includes directional signs, building address signs, vehicle regulation signs and other legal notice signs (Exhibit 4). Project Background The master plan for Hutton Centre was approved by the City in the early 1980's, with the first development occurring in 1983. The master plan envisioned an office park with high -rise office development, hotels and retail uses surrounding a community lake. This development pattern occurred at Hutton Centre until 2005, when the City approved several entitlements that shifted development from an office park to a mixed -use village. In March 2014, the City Council adopted Ordinance No. NS -2861. This ordinance amended standards for on- premise signage, creating provisions that allow certain commercial centers and attractions, automotive sales uses and major regional sites to apply for regional planned sign programs with unique signage, including digital displays, on the subject premises. The ordinance also requires that the regional planned sign programs be reviewed by the Planning Commission. Project Analysis Regional planned sign program requests are governed by Section 41 -885 of the SAMC. Regional planned sign program requests may be granted when it can be shown that the following can be established: 31 C -4 Regional Planned Sign Program No. 2016 -02 September 26, 2016 Page 3 + The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight intrusion or similar incompatibilities. + The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists or motorists on City streets or freeways. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed, which may be determined by height of existing or proposed buildings on -site, the quantity of freestanding buildings, facades, and street frontages, the scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; visibility from streets, highways, pedestrian areas, rail corridors bikeways other transportation routes, parks, and other public spaces; architecture color(s), material(s), illumination, and other site characteristics; the nature of business activities conducted on -site; and visibility from any property used or zoned for residential purposes. If these findings can be made, then it is appropriate to grant the regional planned sign program permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. The 2014 ordinance requires applications for regional planned sign program be reviewed in a manner consistent with conditional use permits, as detailed in Sections 41 -633 through 41 -651 of the SAMC. The ordinance contains findings of fact for planned sign programs, which are intended to ensure that the scale and intensity of the proposed signage is consistent with surrounding land uses, that the location of the proposed signage will not create a hazardous environment for those on City streets or nearby freeways, and that the proposed signage is compatible with the scale, intensity, and site development characteristics. Further, the ordinance contains provisions for digital signs in planned sign programs for regional commercial centers and regional attractions. The review of these digital signs is intended to establish baseline conditions for all electronic message displays that would protect the health, safety, and welfare of those within viewing distance of such signage while also allowing flexibility in digital technology as it advances over time. Staff review of the proposed regional planned sign program indicates that the proposed signage is consistent with the provisions of the ordinance. First, Hutton Centre is eligible to apply for an electronic sign as it meets the definition of a regional commercial center. Second, the proposed sign will comply with the conditions imposed on electronic message display signs, including provisions that the sign minimize visual and light emitting intrusion onto residentially zoned or used properties; produce a maximum light level of 0.3 foot - candles over ambient light levels; incorporate a means to reduce light levels upon request by the City; and have automatic diming capabilities. Third, the digital sign copy will be restricted to change only through an immediate transition of the message that does not have the appearance of moving text or images, shall not use flashing, intermittent or moving lights or produce the optical illusion of movement, and shall be on display for 31 C -5 Regional Planned Sign Program No. 2016 -02 September 26, 2016 Page 4 a minimum of eight seconds. Fourth, the proposed digital sign will not be located within 50 feet of a traffic signal or sign, or at a location that would not maintain safe conditions for motorists, pedestrians or cyclists as determined by the Public Works Agency. Finally, a minimum of five percent of the display time (three minutes per hour) will be allocated for public service announcements or warning signs as requested and provided by the City. In analyzing the regional planned sign program request, staff believes that the findings warrant approval of the regional planned sign program. The proposed signage is designed to be consistent and harmonious with the surrounding land uses and will not contribute to visual or physical blight. The location and height of the signs are needed due to the orientation of the site toward an interior street and the SR -55 freeway. Additional signage opportunities will maximize views of the site for pedestrians and cyclists on City streets and motorists on the freeway and will be an economic incentive for tenants considering relocating to this section of the City. Further, signage will be oriented toward traffic on the freeways, streets, and on -site travel lanes, which will minimize impacts on adjacent uses. The digital signs will incorporate the latest technologies that will minimize light intrusion into neighborhoods, including automatic and manual dimmers that will regulate the lighting levels that may spill into adjacent uses. Also, the proposed are designed to be in scale with the surrounding streetscape, which will minimize the potential for creating a hazardous environment for pedestrians, cyclists or motorist travelling in the immediate vicinity. The proposed signage will also be compatible with the scale and site development characteristics on which they are proposed as the signs will be placed in strategic locations intended to maximize visibility. The monument and digital signs will allow the signs to be visible from local streets and a freeway whose views are limited. Further, the proposed signage, including the digital reader board sign, is an appropriate means of identifying the multitude of tenants within Hutton Centre. Finally, the proposed signs will be architecturally compatible with one another and with the buildings found at Hutton Centre. Public Notification The project site is not located within the boundaries of an established neighborhood association. However, staff contacted the presidents of the nearby Sandpointe Neighborhood Association to inform them of the project and answer any questions related to the proposed project. Moreover, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15311. Section 15311 applies to structures accessory to a commercial use, with the proposed on- premise signs serving as minor structures that are accessory to the primary regional center use. 31 C -6 Regional Planned Sign Program No. 2016 -02 September 26, 2016 Page 5 The proposed signs are new elements that have been found by the City's development review agencies to not create any adverse impacts. The signs are proposed to be located an a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this proposal will not be significant as the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the proposal will have a significant effect on the environment due to unusual circumstances. The proposed signage is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the signage is not on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2016 -70 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 business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Regional Planned Sign Program No. 2016 -02 as conditioned. Vince Fregoso, CP Principal Planner— ,,,. -'` VF:jm vRReports \RSPG 2016 -02 Hutton RPSP.092616pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photograph Exhibit A — Resolution Conditions of Approval Exhibit B — Resolution Regional Planned Sign Program 31 C -7 .6� I M1CR �� If_a -III R, ii_rr__ I!J Idyl !�c _Ji Ii! T Pl R, li- __ fll R,i�F _ kl Rl RI R, FIT C4 R, MnCAHi11Uq RIVD. —�- nvBO rap n -o C RL Pqq .1Rp Po -PHD e ^r:. 1 C4 PI R :0 —. RI R7 O R R, R1 Rl RI CI,, of I . , I Me,, Mi pa M, I"I Ml Mt MI SD 43 SEA 43 SO -43 43 y MI C2 �P PA' F hh MI n II M2 Al GENERAL AGRICULTURAL 1 CR COMMERCIA L RESIDENTIA L R1 SINGLE FAMILY RESIDENTIA L -B PARIFINGMDDIIEN Al'IGN GC GOVERNMENT TCENTE R R2 I'WO FAMI FLY RESIDENC E C -EM COMMERCIA LSOUTHMAI N Ml LIGHT T INDUSTRIAL R3 MULTIPLE FAMILY RESIDENC E Cl COMMUNI I Y CDMMERCIA L M2 HEAVY INDUSTRIA L R4 SUBURBANA PARTMENTS Cl MD COMM- COMMERCIALIMUSEUMD15TRICT MO MILI TAR Y OPEN A IION 5 PE RESIDENTIAL ESTATE Q GENERA LCOMMERCIA L 0 OPENS PACE ED SPECI TC DEVELOPMENT C3 CENIRA LBI,LSINES 5 P PROFESSIONAL SP SPECIRCPLAN C3 A CENTR, LBUSINESSA RIISI'VILLAG E PCD PLANNEDCOMMUNIT VDEVELOPMEN T Ca. PLANNED SHOPPING CENTER PRD PLANNED RENDENNA LDEVELOPMENT T C5 ARTERIA LCOMMERCIA L RPSP 2016 -2 k LAKESIDE PARTNERS HUTTON LLC ``TL — = 500 FEET I' - l O0D FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP . I lQJT C;, 8 — v"1O -� MACARTHUR BOULEVARD 7-1 r r � I MURPHY AV. � I r RPSP 2016 -2 n LAKESIDE PARTNERS HUTTON LLC �\ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -9 RPSG 2016 -2 LAKESIDE PARTNERS HUTTON LLC HUTTON CENTRE EXHIBIT 3 31 C -10 LS 9.26.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING REGIONAL PLANNED SIGN PROGRAM NO. 2016 -02 AS CONDITIONED FOR THE HUTTON CENTRE MIXED -USE DEVELOPMENT BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Regional Planned Sign Program No. 2016 -02 as conditioned to allow the construction of a variety of wall and freestanding signs as well as one digital sign at the existing Hutton Centre development located at 100 -140 East MacArthur Boulevard, 8 through 15 East MacArthur Place, 2 through 10 East Hutton Center Drive, and 200 through 201 East Sandpointe Avenue, which is a "regional commercial center" per Santa Ana Municipal Code Section 41.885 (a)(1). The proposed regional planned sign program will contain a variety of signage types that will be installed throughout the site and on the buildings. B. Santa Ana Municipal Code Section 41 -885 requires a regional planned sign program to be approved by the Planning Commission. C. On September 26, 2016, the Planning Commission held a duly noticed public hearing regarding Regional Planned Sign Program No. 2016 -02. D. The Planning Commission determines that the following findings, which must be established in order to grant this Regional Planned Sign Program pursuant to Santa Ana Municipal Code Section 41 -885, have been established for Regional Planned Sign Program No. 2016 -02 to allow for the variety of wall, freestanding and digital signs at the existing regional commercial center: 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight intrusion or similar incompatibilities. The proposed signage is designed to be consistent and harmonious with the surrounding land uses and will not contribute to visual or physical blight. The location and Resolution No. 2016 -xx E[T A Page 1 of 6 height of the signs are needed due to the orientation of the site toward an interior street and the SR -55 freeway. The freeways' development, with a combination of at -grade and below -grade configurations, limits visibility to Hutton Centre. Additional building signage opportunities will maximize view of the site for pedestrians and cyclists on City streets and motorists on the freeway. Further, signage will be oriented toward traffic on the freeways, streets, and on -site travel lanes, which will minimize impacts on adjacent uses. The digital sign will incorporate the latest technologies that will minimize light intrusion into neighborhoods, including automatic and manual dimmers that will regulate the fighting levels that may spill into adjacent uses. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists or motorists on City streets or freeways. The proposed signs will be located on private property that is adjacent to the SR -55 freeway as well as major local arterials (MacArthur Boulevard and Main Street). The signs are designed to be in scale with the surrounding streetscape, which will minimize the potential for creating a hazardous environment for pedestrians, cyclists or motorist travelling in the immediate vicinity. I The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed, which may be determined by height of existing or proposed buildings on -site; the quantity of freestanding buildings, facades, and street frontages; scale of buildings as they relate to pedestrian and vehicular access surrounding land uses and transportation corridors; visibility from streets, highways, pedestrian areas, rail corridors bikeways other transportation routes, parks, and other public spaces; architecture color(s), material(s), illumination, and other site characteristics; the nature of business activities conducted on -site; and, visibility from any property used or zoned for residential purposes. The proposed signage will be compatible with the scale and site development characteristics on which they are proposed as the signs will be placed in strategic locations intended to maximize visibility. The monument and digital sign will allow the signs to be visible from local streets and a freeway whose viewships are limited by overcrossings, significantly wide rights -of -way, and below -grade configurations. Further, the proposed signage, including the digital reader board sign, is an appropriate means of identifying the multitude of tenants within Hutton Centre. Finally, the proposed signs Resolution No. 2016 -xx 31 C -1 2 Page 2 of 6 will be architecturally compatible with one another and with the buildings found at Hutton Centre. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15311. Section 15311 applies to structures accessory to a commercial use, with the proposed on- premise signs serving as minor structures that are accessory to the primary regional center use. The proposed signs are new elements that have been found by the City's development review agencies to not create any adverse impacts. The signs are proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this proposal will not be significant as the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the proposal will have a significant effect on the environment due to unusual circumstances. The proposed signage is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the signage is not on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2016 -70 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Regional Planned Sign Program No. 2016 -02 as conditioned in Exhibit A attached hereto and incorporated herein by this reference. 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 September 26, 2016 and exhibits attached thereto as Exhibit B; and the written or public testimony, all of which are incorporated herein by this reference. ADOPTED this 261h day of September 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairman Resolution No. 2016 -xx 31 C -1 3 Page 3 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2016 r�- Acting Recording Secretary City of Santa Ana Resolution No. 2016 -xx 31C-14 Page 4 of 6 err Conditions for Approval of Regional Planned Sign Program No. 2016 -02 Conditions for Approval Regional Planned Sign Program No. 2016 -02 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 sign program. The applicant must remain in compliance with all conditions listed below throughout the life of the sign program. Failure to comply with each and every condition may result in the revocation of the sign program. A. Planninq Division 1. There shall be a maximum of one (1) double -faced digital sign for the project. 2. The digital reader board sign shall contain an easily - legible and accessible phone number available at all times for response 24 hours per day, seven days per week in case of digital signage malfunction or failure. 3. The property owner shall comply with Santa Ana Municipal Code Section 41- 638.2 that pertains to graffiti abatement. 4. In addition to their on- premise identification purposes, the sign shall be used for public service announcements or warning signs as requested and provided by the City. At a minimum, five (5 %) percent of the display time shall be set aside for these public messages. 5. At all times, the digital sign shall comply with all federal, state and local laws, regulations and permitting requirements. 6. Any landscaping, including but not limited to trees, shrubs, groundcover, and hardscape materials, that is removed to accommodate installation of new signage shall be replaced or enhanced in a nearby area on the site. In the event that staff determines that a significant amount of landscaping is to be removed as part of the project, staff may request a landscape plan to be submitted by the applicant to ensure compliance with the City's design standards for commercial properties. Resolution No. 2016 -xx 31 C -1 5 page 5 of 6 7. The applicant or operator of the digital sign shall measure lighting levels of the digital sign after seven days and after one month of full operation and submit lighting levels reports to the Planning Division for review to ensure compliance with brightness standards contained within the Santa Ana Municipal Code. 8. 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Q) u c is c c w a 0 C� a� C E Q V 3 ENV E � SQ i Fo E o v 3 m� �v m� ow o u l�w 31 C -44 E 0 m r 1 y r s u TiwrA i vlJ i %y I , � 1 w 1 { N'WLWIW , p rypM f I J h �� Iq5 5 A ox `"Y wIP3kJml 1 31 C -44 E 0 m \�} CL 0 ) \} / \ / }! \ »: y _ \ c \/ } 31 C-45 \ \ \ \ \ \ \ ƒ ! uc \ E) \ 31 C-45 31 C -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE: TENTATIVE PARCEL MAP NO. 2016 -02 (COUNTY MAP NO. 2016 -103) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2720 -2740 SOUTH BRISTOL STREET - ALTAMED HEALTH SERVICES, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) CITY MANAG ° RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED E7 As Recommended [] As Amended C7 Ordinance on 1 e1 Reading [� Ordinance on 2 "a Reading E7 Implementing Resolution L.1 Set Public Hearing For CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2016 -02 (County Map No. 2016 -103) as conditioned. ZONING ADMINISTRATOR ACTION On October 5, 2016, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2016 -02 (County Map No. 2016 -103) as conditioned to subdivide a parcel into two commercial lots at 2720 -2740 South Bristol Street located in the Planned Shopping Center (C -4) zoning district. The Zoning Administrator made two changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). The first change was to Condition No. 3, which now requires a landscape plan prior to map recordation, and Condition No. 4, which clarifies that the covenants, conditions, and restrictions (CC &Rs) will cover pedestrian and vehicular access, ingress and egress, and fencing. DISCUSSION The applicant is requesting approval of a parcel map to subdivide an existing 3.42 -acre parcel of land into two lots to facilitate the sale of the buildings to separate owners. If approved, AltaMed Health Services intends to purchase the lot at 2720 South Bristol Street for use as a medical facility. The AltaMed lot (Lot 1), known as 2720 South Bristol Street, will be a 66,426- square -foot lot (1.52 - acres) that will contain a two -story building and 127 parking spaces. Lot 2, known as 2740 South Bristol Street, will be an 82,710- square -foot lot (1.90- acres) with a two -story building and 155 parking spaces. No new development is proposed nor contemplated at this time. Full -sized plans are available for public viewing in the Clerk of the Council Office. 32A -1 Tentative Tract Map No. 2016 -02 — AltaMed Health Services, 2720 -2740 South Bristol Street October 18, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item 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) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action. assan Haghapi, AIC Executive Director Planning & Building Agency VF:rb vflreperts \TPM 16 -2 AltaMed.cc Exhibit: A. Planning Commission Staff Report 32A -2 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: OCTOBER 5, 2016 TITLE: PUBLIC HEARING — FILED BY ALTAMED HEALTH SERVICES FOR TENTATIVE PARCEL MAP NO. 2016 -02 (COUNTY MAP NO. 2016 -103) TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 2720 -2740 SOUTH BRISTOL STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Vince Fregoso RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendatior CONTINUED TO Planning Manager d Adopt a resolution approving Tentative Parcel Map No. 2016 -02 (County Map No. 2016 -103) as conditioned. Request of Applicant Jennifer Lange, representing AltaMed Health Services, is requesting approval of a tentative parcel map to subdivide a parcel into two commercial lots. Applications for commercial subdivisions of fewer than five parcels require approval of a parcel map by the Zoning Administrator pursuant to Section 34 -126 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is located on a 3.2 -acre parcel of land that is located on South Bristol Street between Central and Segerstrom Avenues across from Hemlock Way. The property is flat and semi - irregular in shape and is currently improved with a pair of two -story professional and medical office buildings that are each 29,841- square -feet in size. The subject site is located in the Planned Shopping Center (C -4) zoning district and has a General Plan land use designation of General Commercial (GC). The existing uses are consistent with both the zoning and General Plan designations. Land uses surrounding the site include commercial uses to the north, south and east, with single - family residences to the west (Exhibits 1, 2, and 3). Project Description The applicant is requesting approval of a parcel map to subdivide an existing parcel of land into two lots to facilitate the sale of the buildings to separate owners. Lot 1, located at 2720 South Bristol Street, will be 66,426- square -feet in size and will contain one building with 127 parking spaces. Lot 2, EXHIBITA 32A -3 Tentative Parcel Map No. 2016 -02 October 5, 2016 Page 2 located at 2740 South Bristol Street, will be 82,710 - square -feet in size and will contain the second building with 155 parking spaces (Exhibit 4). No new development is proposed nor contemplated at this time. Project Background In June 1972, the City Council approved Tentative Parcel Map No. 741, which created three commercial parcels, including the subject parcel, on South Bristol Street. Concurrent with the parcel map request, the City Council approved Variance No. 72 -43, which reduced the required parking for the site. In 1973, building permits were issued for the construction of the two 29,841- square -foot buildings that are currently located on the site. In early 2016, the applicant submitted an application to subdivide the lot into two properties and allow for the individual sale of the buildings to separate owners. Proposals to create subdivisions of less than five parcels, such as the current project, require review and approval by the Zoning Administrator. Project Analysis Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. 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 applicant's request, staff believes that the following analysis warrants approval of the tentative parcel map (Exhibit 5). The applicant is seeking approval of a tentative parcel map to subdivide an existing parcel of land into two lots for sale to separate owners. No new construction is proposed or contemplated for either building at this time. The lots will continue to be utilized for office and commercial purposes for the foreseeable future. Since this application is to subdivide a lot only, no major issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code and General Plan, including lot size, lot frontage, setbacks, lot coverage, and parking. Further conditions of approval have been included to bring the site's landscaping, lighting, trash enclosures and bicycle parking into 32A -4 Tentative Parcel Map No. 2016 -02 October 5, 2016 Page 3 compliance with current standards. Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. Public Notification The project site is located within the boundaries of the Thornton Park Neighborhood Association. The president of this Neighborhood Association was contacted by staff and was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from the neighborhood president or from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15315. This Class 15 exemption allows for the minor division of property provided it is in an urbanized area that is zoned for commercial uses, is in conformance with the General Plan and Zoning, consists of four or fewer parcels, does not require any variances or other exceptions, was not involved in a division of a larger parcel within the past two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots with no building expansion, the buildings and sites will be in compliance with all provision of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2016 -13 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, 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. 32A -5 Tentative Parcel Map No. 2016 -02 October 5, 2016 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2016 -02 as conditioned. 4 A--c- ('2')- Vince Fregoso, AIC Principal Planner VF:jm vflreports \TPM 16 -2 AltaMed.100516.za Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Tentative Parcel Map 32A -6 TPM 2016 -02 p� 2720 -2740 SOUTH BRISTOL STREET ' ALTA VIED PARCEL MAP — — = 500 FT£f 1" = 1000 FET P L A N N I N G A N D 8 U I L D I N G A G E N C Y B HIEIT 1 32A -7 1 ( _ 211 _IRI oxA ,r � a R4 Rl �� C2 TRI RI R1 IA�, C4 _ - - znernn, nu.� 265, WARNER AVE. +u_J L � � C2 I— — RI R1 Rl R1 Rl Rl RI Z -PRD II II eyu, IN II .. 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C O M M E R C I A L J m C O M M E R C I A L C 0 M M E R C I A L TPM 2016 -02 rU 2720 -2740 SOUTH BRISTOL STREET AA ALTA MED PARCEL MAP cv^ 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 32A -8 TPM 2016 -2 ALTAMED HEALTH SERVICES 2720 -2740 SOUTH BRISTOL STREET EXHIBIT 3 32A -9 1 a�ng �s r: °. , Qut inas toi ntal load �o.tslao 5 C S9OVBi3S H.lVAH HHWV1lV RIM �I �R o I Al lo ItH cl D Nf .,� 6J��,,Tt iY'hII III .I i RM � l�1 TIT[ uF w h�'T��TT IJTH as ITA -fo a W WW o° °0zy N 4 r oe n�g¢ M L to u3 �n sus z�rs S K isd F [d� apepa Q Sf 3 4� U Y9 Q 3�: F d I m I �j Q Z a a v J u C q Z C® 6m m a 67nm a N F " D I � � 0 w wA y I w� L. J �o� z W 'o F s y 8 Y^ A ^' s df a w z" st K U� w Y " F� a= t N f .^ 1 E 6 u .5w 5 s z 3 rasp ^f �.e mtga a e °�• ms 4 ta 74 .o i p� —'CH L Sy L j8 5 o L p Z3..k aL S 2k l•aj�J� 3� GK EXHIBIT 5 W 'o F s y 8 Y^ A ^' s df a w z" st K U� w Y " F� a= t N f .^ LS 10.05.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2016 -02, AS CONDITIONED, TO ALLOW THE SUBDIVISION OF AN EXISTING PARCEL INTO TWO LOTS AT 2720 -2740 SOUTH BRISTOL STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map to allow the subdivision of an existing parcel into two lots at 2720 -2740 South Bristol Street. B. Santa Ana Municipal Code Section 34 -126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On October 5, 2016, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2016 -02. D. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC) Section 34 -126 and the State Subdivision Map Act, have been established for Tentative Parcel Map 2016 -02: 1. The proposed project, as conditioned, and its design and improvements are consistent with the General Commercial (GC) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project, as conditioned, and its design and improvements will be 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 subdivision of land will create two parcels that will remain consistent with the various provisions of the General Plan, including the maximum allowable floor area ratio. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2016 -xx 32A -1 2 rage 1 of 6 LS 10.05.16 The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the commercial land use provisions of the zoning code that pertain to lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The proposed project consists of the subdivision of the parcel into two lots, with no new construction proposed nor contemplated at this time. The existing office and commercial buildings were designed and built to be physically suitable for the site and in compliance with all applicable development standards except for parking, which was approved by Variance No. 72 -43. 4. 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 and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. 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 cause serious public health problems, with the proposed subdivision not having any detrimental effects upon the general public. Each property will include the necessary utilities and infrastructure improvements as required under Development Project Review No. 2016 -05 6. 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. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the Resolution No. 2016 -xx 32A -1 3 Page 2 of 6 LS 10.05.16 property within the proposed project since there is no significant public access easement located within this property. The applicant will be recording those easements necessary to ensure reciprocal rights between the properties, including but not limited to access, egress and drainage. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15315 (Class 15). This Class 15 exemption allows for the division of property in urbanized areas zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels to local standards are available. Categorical Exemption Environmental Review No. 2016 -13 will be filed for this project. Section 3. 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 sole negligence of the City of Santa Ana. Section 4. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2016 -02, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 2720 -2740 South Bristol Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated October 5, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 5th day of October, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Verny Carvajal, AICP Zoning Administrator Resolution No. 2016 -xx 32A-14 Page 3 of 6 LS 10.05.16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 5, 2016. Date: Recording Secretary City of Santa Ana 32A -15 Resolution No. 2016 -xx Page 4 of 6 LS 10.05.16 aal:u:3rr_I Conditions of Approval Tentative Parcel Map 2016 -02 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. 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 3. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 4. Prior to recordation of the final map, the applicant shall submit for review and approval Conditions, Covenants and Restrictions (CC &R's) for the project. At a minimum, the CC &R's shall cover access, egress, drainage, and landscape maintenance. 5. The final map must be approved and recorded prior to issuance of building permits. 6. Prior to recordation of the final map, all bicycle parking spaces shall be installed. 7. Prior to recordation of the final map, all dead and /or missing landscape shall be replaced. 8. Prior to recordation of the final map, a trash enclosure shall be built on each lot. 9. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 10. The proposed project shall be subject to the current development fees in place at the time of plan check. Resolution No. 2016 -xx 32A -1 6 Page 5 of 6 LS 10.05.16 11. The project must be in compliance with the provisions of Site Plan Review (DP No. 2016 -5). 12. 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. Resolution No. 2016 -xx 32A -1 7 Page 6 of 6 32A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE; EXTENSION OF CONDITIONAL USE PERMIT NO. 2013-19 FOR A TYPE 41 ABC LICENSE FOR THE DOWNTOWN 414 RESTAURANT TO BE LOCATED AT 414 WEST FOURTH STREET {STRATEGIC PLAN NO. 3, 2, 4} CITY M` AN JR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _-2100 N ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit No. 2013 -19. In August 2013, the City Council affirmed the Planning Commission's decision to approve Conditional Use Permit No. 2013 -19 and allow a Type 41 ABC license for the Downtown 414 Restaurant at 414 West Fourth Street. The conditional use permit allowed the on- premise sale and consumption of beer and wine within a new restaurant that was proposed to open in Downtown. Due to a significant shift in the overall economy, the applicant has been unable to move forward with the restaurant project. As a result, the entitlement for the site is ready to expire. However, in August 2015, the applicant decided to move forward with the restaurant and submitted a request to extend his entitlement, which the City Council granted. However, due to various reasons, the applicant was not able to move forward with the restaurant. Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Although construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permit and is requesting a second one -year extension of the CUP. The applicant has secured the expertise of a new architect and is expecting to submit plans into Building plan check before the end of the year. Since the applicant is planning to move forward with the project, the Planning Division recommends that the entitlements for the ABC license be extended by a period of one year from the date of City Council approval. 55A -1 Extension of CUP No. 2013 -19 — Downtown 414 Restaurant at 414 West Fourth Street October 18, 2016 Page 2 CEQA COMPLIANCE In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. STRATEGIC PLAN ALIGNMENT Approval of this item 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) and Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. assan Hagh i, AI Executive Director Planning and Building Agency VF:rb vf\reports \CUP \CUP13 -19 2ntl extension.cc Exhibit: 1. Resolution 55A -2 LS 10.1616 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -19 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 414 WEST FOURTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In August of 2013, the City Council affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2013 -19 to allow the Downtown 414 Restaurant the ability to sell beer and wine for on- premise consumption at a new restaurant at 414 West Fourth Street, B. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements become void after two (2) years unless the applicant applies for, and the City Council approves, an extension. C. Due to various reasons, the applicant has not been unable to begin the project. However, the applicant has secured the expertise of a new architect and is expecting to submit plans into Building plan check before the end of this year. D. The Santa Ana Municipal Code allows the property owner to request an extension of the entitlement up to a period of three (3) years from the date of expiration. The applicant previously requested a one -year extension for Conditional Use Permit No. 2013 -19 which was granted by City Council in November 2015, E. The second one -year extension request came before the City Council on October 18, 2016. F. in accordance with the California Environmental Quality Act, this project is exempt from CEOA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Resolution No, 2016 -XXX 55A -3 Page 1 of 3 Section 2. Conditional Use Permit No. 2013 -19 is hereby extended for the second period of one (1) year. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated October 18, 2016, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 181h day of October, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By._" C Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2016 -XXX Page 2 of 3 55A -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date: Clerk of the Council City of Santa Ana Resolution No, 2016 -XXX 55A -5 Page 3 of 3 'P�PM