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FULL PACKET_2017-03-07
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None FEBRUARY 21, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:10 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:15 p.m.) MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES (5:20 p.m.) VICENTE SARMIENTO JOSE SOLORIO JUAN VILLEGAS COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:11 p.m. CLOSED SESSION ITEMS The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1. Christian Garduno v. City of Santa Ana, Orange County Superior Court Case No. Case No. 30- 2014 - 00737763 CITY COUNCIL MINUTES 1 FEBRUARY 21, 2017 1 0A -1 2. 1901 First Street Owner. LLC v. Tustin Unified School District, Orange County Superior Court Case No.: 30- 2015 - 00803234 -CU -WM -CJC; Court of Appeal of the State of California, Fourth Appellate District, Division Three, Case No.: G054086 3. 1901 First Street Owner LLC v. City of Santa Ana, Orange County Superior Court Case No, 30- 2016 - 00876616 -CU -CR -CJC 4. Brandon Sontag v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30- 2017 - 00902039 -CU -OE -CJC 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One item CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:58 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 FEBRUARY 21, 2017 1 0A -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:00 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (7:10 P.M.) JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO RUPERT VEGA, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to Santa Ana Police Cpl. Ricky Velasquez, Officer G. Esparza, Officer E. Elizalde and Officer D. Gonzalez for displaying unwavering heroism and saving three drowning victims. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ to Black Chamber of Commerce of Orange County in recognition of Black History Month. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ to Dr. James Maciel for successfully overcoming life challenges and being a role model for others in the community. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to winners of the Santa Ana Water Conversation Art Contest: Ages 5 -8 Finalists: Grand Prize Winner: Delanna Dinh, Ariana Velazco Devenny Ramirez CITY COUNCIL MINUTES 3 FEBRUARY 21, 2017 1 0A -3 Ages 9 -12 Finalists: Grand Prize Winner: Ages 13 -14 Finalists: Grand Prize Winner: Ages 15 -18 Finalists: Grand Prize Winner: Matthew Bay, Dominic Mendez Laisha Echegoyen Jennifer Barajas, Natalie Rivera Karla Larios Jesusantonio Cervantes, Linda Yanez Alberto Rodriguez PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Comunidad Latina Federal Credit Union in recognition of their 10 -year anniversary of serving the Santa Ana community. PROCLAMATION presented by COUNCILMEMBER SOLORIO to Nati Alvarado of Neutral Ground Services for providing outstanding services to troubled youth. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Marisol Rivera and the SEIU United Service Workers West Board in recognition of their significant contributions in representing service workers. AGENDA ITEM CONSIDERED OUT OF ORDER - BOARDS /COMMISSIONS /COMMITTEES 13A. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE YOUTH COMMISSION (ALTERNATE POSITION) FOR A FULL -TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Celeste Duran to the Youth Commission, Alternate position. (Ward 3 resident, replacing M. Bultron). 13B. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A PARTIAL -TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Ed Murashie to the Historic Resources Commission. (Ward 3 resident, replacing M. Tardif). 13C. NOMINATED BY COUNCILMEMBER SOLORIO AS THE WARD 3 REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 4 FEBRUARY 21, 2017 i MOTION: Appoint Mike Tardif to the Community Redevelopment and Housing Commission (Ward 3 resident, replacing D. Gomez). MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CLERK OF THE COUNCIL ADMINISTER OATH OF OFFICE TO: • Ed Murashie Historic Resources Commission • Mike Tardif Community Redevelopment and Housing Commission CLOSED SESSION REPORT- See Item 19A for any reportable actions. PUBLIC COMMENTS • Ilya Tseglin, spoke in opposition to Agenda Item 19C. • Robert Tseglin, also spoke in opposition to same item. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 30B, with the following modifications: • Mayor Pro Tern Martinez, dissented on Agenda Items 25C, 25D, and 25E; pulled Agenda Items 19F and 25A for separate discussion and 19G for comment only. • Councilmember Sarmiento, dissented on Agenda Item 19C and pulled Agenda Item 25E for separate discussion. MOTION: Martinez VOTE: AYES NOES: I'_1= 1.IF_110F SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Tinajero, Villegas (6) None (0) None (0) CITY COUNCIL MINUTES 5 FEBRUARY 21, 2017 1 0A -5 ABSENT: Solorio (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF FEBRUARY 3, 2017 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 7, 2017 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Christian Garduno v. City of Santa Ana, Orange County Superior Court Case No. Case No. 30- 2014 - 00737763; Motion by Solorio, Seconded by Pulido to approve settlement in the amount of $300,000 by 6 -0 vote (Tinajero absent). 19B. EXCUSED ABSENCES — None 19C. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is CITY COUNCIL MINUTES 6 FEBRUARY 21, 2017 1 0A -6 19D. 19E. modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. *Councilmember Sarmiento dissented on Agenda Item 19C. STRATEGIC PLAN MONTHLY REPORT FOR JANUARY 2017 (STRATEGIC PLAN NO. 5, 1) - City Manager's Office MOTION: Receive and file. FEDERAL AND STATE LOBBYIST YEAR END SUMMARY {STRATEGIC PLAN NO. 1, 2, 3, 4, 5, 6, 7) - City Manager's Office MOTION: Receive and file. Mayor Pro Tern Martinez, pleased that full amount available to non - profit organizations; moving forward staff to review alternate methods to assist non- profit organizations since CDBG funding in jeopardy at the federal level. Councilmember Solorio, thanked staff for augmenting funds available for non- profit organizations. Councilmember Sarmiento, noted that previous item for Council consideration allowed up to $500,000 for non - profit organizations without the federal reporting and eligibility requirements; City will be absorbing costs. MOTION: Receive and file. MOTION: Solorio SECOND: Pulido VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Martinez, Tinajero (2) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 7 FEBRUARY 21, 2017 1 0A -7 Mayor Pro Tern Martinez, requested staff develop a process to allocate funds for future projects. MOTION: Receive and file. CLERK OF THE COUNCIL ADMINISTER OATH OF OFFICE TO: • Celeste Duran Youth Commission BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. CONTRIBUTION FOR THE SANTA ANA DELHI DIVERSION CHANNEL PROJECT TO CONSTRUCT AN UNDERGROUND SEGMENT LOCATED ON BRISTOL STREET FROM BAKER STREET TO NEWPORT BOULEVARD (NONGENERAL FUND) (PROJECT NO. 16 -6467) {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: 1. AGMT NO. 2017 -029 - Authorize the City Manager and Clerk of the Council to execute Amendment No. 1 to Cooperative Agreement with the City of Costa Mesa, authorizing Costa Mesa's $600,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -090 — Reversing the appropriated anticipated revenues from the City of Costa Mesa, in the Federal Clean Water Protection Enterprise Fund, in the amount of $600,000. GRANTS /APPLICATIONS 21 A. ADULT AND DISLOCATED WORKER CAREER SERVICES PROVIDER {STRATEGIC PLAN NO 2, 4) - Community Development Agency Workforce Development Board approved recommended action on January 19, 2017 by a vote of 12 -0 (12:0 (Davila, Korthuis, Lewis, McGowan, Nishimoto, Perez, Piwnica, Ruiz, Smith absent)). MOTION: CITY COUNCIL MINUTES 8 FEBRUARY 21, 2017 1 0A -8 1. Approve retention of the Adult and Dislocated Worker Career Services internally designating the City of Santa Ana as the administrative entity to be the provider of the services; 2. Authorize the Chair of the Workforce Development Board to sign the Request for Governor Approval; 3. Approve and Authorize the Mayor to sign the Request for Governor Approval to be the Adult and Dislocated Worker Career Services Provider as allowed under the Federal Workforce Innovation and Opportunity Act and Final Regulations. AGREEMENTS POLICING Matter continued from the February 7, 2017 City Council meeting to the February 21, 2017 City Council meeting by a vote of 7 -0. Mayor Pro Tem Martinez, requested clarification on the funding for said project. MOTION: Authorize the City Manager and Clerk of the Council to execute a one -year agreement with Chapman University, for the period of February 21, 2017 through February 20, 2018, for Professional Services to provide a Community Oriented Policing Survey in an amount not to exceed $30,600, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25B. AGMT NO. 2017 -031 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -30 FOR THE PROPERTY LOCATED AT 2108 NORTH GREENLEAF STREET {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building Agency Historic Resources Commission approved recommended action on January 26, 2017 by a vote of 6 -0 (Schaefer absent, Murashie abstained). CITY COUNCIL MINUTES 9 FEBRUARY 21, 2017 1 0A -9 MOTION: Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert F. and Michelle A. Donahue, property owners, for the structure located at 2108 North Greenleaf Street, subject to non- substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2017 -032 - APPROVE TENANT INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement for acquisition of tenant- seller's interest in real property located at 1111 North Bristol Street, Suite M and goodwill (if any) with Maria Piceno DBA Blooming Flower & Gifts, for an amount not to exceed $6,530, subject to nonsubstantive changes approved by the City Manager and City Attorney. *Mayor Pro Tern Martinez dissented on Agenda Item 25C. 25D. AGMT NO. 2017 -033 - APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON - GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement for the real property acquisition, temporary construction easement, and goodwill (if any) with the property owners Mario Arevalo, an individual, and Raquel Arevalo, an individual; for the property located at 1302 W. Saint Andrew Place (APN 408 - 332 -01), for a full acquisition, in an amount not to exceed $480,000 listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney. *Mayor Pro Tern Martinez dissented on Agenda Item 25D. 25E. AGENDA ITEM CONSIDERED OUT OF ORDER 25F. AGMT NO. 2017 -034 - SENIOR MEALS PROGRAMS (STRATEGIC PLAN NO. 5, 6E) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Community SeniorServ, Inc in the amount of $15,000 for the period February 21, 2017 through June 30, 2017, subject to non- substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 FEBRUARY 21, 2017 ffly [f: 25G. AGMT NO. 2017 -035 - RESTROOM STRUCTURE REPAIRS AT ANGELS PARK {STRATEGIC PLAN NO. 6, 1 B} - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Naka Engineering Contractors for an amount not to exceed $50,000, which includes a contingency of $5,520 for a term from February 21, 2017 through December 31, 2017 or completion of the project, whichever is sooner, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. ON -CALL DEMOLITION SERVICES FOR CAPITAL IMPROVEMENT PROJECTS (NON - GENERAL FUND) {STRATEGIC PLAN NO, 6, 1C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements for a three -year term beginning February 21, 2017, and expiring February 20, 2020, with provisions for one, two -year renewal option exercisable by the City Manager and City Attorney, in an aggregate amount not to exceed $2,200,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 1. AGMT NO. 2017 -036 — With with J &G Industries, 2. AGMT NO. 2017 -037 — With National Demolition Contractors, and 3. AGMT NO. 2017 -038 — With Interior Demolition, Inc. 251. AGMT NO. 2017 -039 - ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR THE POLICE DEPARTMENT'S CRIME ANALYSIS SOFTWARE {STRATEGIC PLAN NO. 1, 5A} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute the attached one -year agreement with TriTech Software Systems, Inc., for the period of November 17, 2016 through November 16, 2017, in an amount of $5,150 subject to non - substantive changes approved by the City Manager and City Attorney, 25J. OCCUPATIONAL, ENVIRONMENTAL HEALTH, AND SAFETY TRAINING AND CONSULTING SERVICES {STRATEGIC PLAN NO. 7, 6} - Personnel Services Agency MOTION: 1. AGMT NO. 2017 -040 - Authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Maureen Sassoon for the term beginning February 21, 2017 through June 30, 2018, in an amount not to exceed $75,000, subject to non - substantive changes approved CITY COUNCIL MINUTES 11 FEBRUARY 21, 2017 1 0A -11 by the City Manager and City Attorney. The agreement includes a provision for a one -year term extension exercisable by the City Manager and City Attorney. 2. Authorize payment for services performed October 1, 2016 through December 31, 2016, under which the City exhausted all funds provided under a previous agreement. City intends that any sums owed to Dr. Maureen Sassoon shall be covered by this agreement. MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT FOR THE MINI - TOWNSEND COMMUNITY RESOURCE FAIR EVENT {STRATEGIC PLAN NO. 5, 41 - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Neighborhood Housing Services of Orange County, Inc. for a one -time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 29B. DONATION AGREEMENT FOR THE MINI - TOWNSEND COMMUNITY RESOURCE FAIR EVENT (STRATEGIC PLAN NO. 5, 4) - Councilmember Benavides MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Neighborhood Housing Services of Orange County, Inc. for a one -time donation amount of $500, subject to non - substantive changes approved by the City Manager and the City Attorney. 29C. DONATION AGREEMENT FOR ON -GOING COMMUNITY OUTREACH AND ADULT EDUCATION CLINICS — PROJECT KINSHIP {STRATEGIC PLAN NO. 5, 4) - Mayor Pro Tern Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County Inc. for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 29D. DONATION AGREEMENT FOR THE SANTA ANA HIGH SCHOOL FOOTBALL TEAM EVENT {STRATEGIC PLAN NO. 5, 4} - Mayor Pro Tern Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Santa Ana Athletic Foundation for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 12 FEBRUARY 21, 2017 re7. 29E. DONATION AGREEMENT FOR SANTA ANA SITES PUBLIC CONCERTS {STRATEGIC PLAN NO. 5, 4) - Mayor Pulido MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Arts Orange County for a one -time donation amount of $3,500, subject to non - substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS DEEDS — TRANSFER OF PROPERTY 30A. TRANSFER OF WATER LINE EASEMENT (2700 NORTH MAIN STREET; ASSESSOR PARCEL NO. 002 - 210 -44) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Quitclaim Deed No. 8609 relinquishing the City's interest in a water line easement at 2700 North Main Street to 2700 N Main LLC, a California limited liability company. 30B. TRANSFER OF PUBLIC UTILITY EASEMENT (2800 NORTH MAIN STREET; ASSESSOR PARCEL NO. 002 - 221 -52) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Quitclaim Deed No. 8610 relinquishing the city's interest in a water line easement at 2800 North Main Street, to MainPlace Shoppingtown LLC, a Delaware limited liability company. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A. AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE CONSISTENT WITH CURRENT STATE LAW {STRATEGIC PLAN NO. 7, 5E} - City Attorney's Office CITY COUNCIL MINUTES 13 FEBRUARY 21, 2017 fflh l MOTION: Place ordinance on first reading and authorize publication of title. ORDIANANE NO. NS -2912 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 55A. AUTHORIZING SUBMISSION OF AN APPLICATION TO CALIFORNIA PUBLIC UTILITIES COMMISSION FOR ACQUISITION OF THE STREETLIGHT SYSTEM FROM SOUTHERN CALIFORNIA EDISON (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 C} - Public Works Agency Mayor Pro Tern Martinez, need to consider 12 million as one -time allocation. Executive Director of Public Works, Fred Mousavipor explained proposal and benefits to the City in owning street lights. Councilmember Solorio, broader vision is to offer citywide wi -fi and become a gigabit city. MOTION: Adopt a resolution. RESOLUTION NO. 2017 -007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO PURSUE CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVAL TO PURCHASE APPROXIMATELY 7,800 STREETLIGHTS FROM SOUTHERN CALIFORNIA EDISON; SUBJECT TO FURTHER APPROVAL BY THE CITY COUNCIL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE PARTIES MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) CITY COUNCIL MINUTES 14 FEBRUARY 21, 2017 1 OA -14 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. CONDEMNING THE JANUARY 2017 PRESIDENTIAL EXECUTIVE ORDERS ON IMMIGRATION ENFORCEMENT AND REFUGEES {STRATEGIC PLAN NO. 5, 6F} - City Manager's Office The following spoke in opposition to item: • Ahmed Radwan and Sean Tu, representing the Islamic Center of Santa Ana. MOTION: Adopt a resolution. RESOLUTION NO. 2017 -008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONDEMNING THE JANUARY 2017 PRESIDENTIAL EXECUTIVE ORDERS ON IMMIGRATION ENFORCEMENT AND REFUGEES MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero (6) NOES: Villegas(1) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. RESTRUCTURE CITY COUNCIL COMMITTEES, ESTABLISH MEETING SCHEDULE AND APPOINT MEMBERS (STRATEGIC PLAN NO. 5, 1) — City Manager's Office MOTION: 1. Adopt resolution. RESOLUTION NO. 2017 -009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION NO. 2013 -020 AND ESTABLISHING CERTAIN COMMITTEES OF THE CITY COUNCIL 2. Appoint the following Committee members, as follow: CITY COUNCIL MINUTES 15 FEBRUARY 21, 2017 1 0A -15 RM Community Services (and Joint Santa Ana Unified 1. Benavides School District and City Council Committee) 2. Villegas 3. Solorio Public Safety, Code Enforcement & Neighborhood 1. Villegas Empowerment 2. Tinajero 3. Solorio Economic Development, Infrastructure, Budget 1. Sarmiento and Technology 2. Benavides 3. Martinez Legislative Affairs, Ethics and Transparency 1. Tinajero 2. Sarmiento 3. Martinez MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) FISCAL YEAR 2016 -17 MID -YEAR BUDGET PRESENTATION — City Manager's Office; and Finance and Management Services Overview by Acting City Manager Mouet. Budget presentation by Executive Director of Finance and Management Services Francisco Gutierrez: ] Mid -Year Budget Review Table of Content I. Path to Fiscal Stability II. FY 16 -17 Economic Overview III. FY 16 -17 General Fund Projected Year -End Balance IV. Fiscal Year Ending Operating Balance V. Assigned Balances VI. Next Steps Path to Fiscal Stability • Understanding the City's Budget • FY 2008 -2009 • 1,785 Full Time Employees (FTE) CITY COUNCIL MINUTES 16 FEBRUARY 21, 2017 1 0A -16 • $239.1M General Fund Budget • Consolidation of Departments (e.g. Library Services merged with Parks and Rec. Services) • FY 2012 -2013 • 1,203 Full Time Employees (FTE) • $196.5M General Fund Budget • Outsourcing of the Fire Department to OCFA • Due to effective resource utilization and strong management, the City generated a positive ending operating balance. • Results in lower expenditure base • Increase in actual revenues Economic Overview FY 2016 -s7 OPERATING BUDGET On June 21, 2o16, the City Council adopted the FY 2o16-17 Budget General Fund Total Citywide Budget 7 General Fund Operations: Mid -year Report QUARTERLY REVENUE AND EXPENDITURES PER QUARTER Revenues 10% 23% 28 °k 39% Expenditures 24% 26% 23% 27% CITY COUNCIL MINUTES 17 FEBRUARY 21, 2017 1 0A -17 General Fund Operations: Budget to Actuals Comparison JULY - DECEMBER 2016 JULY - DECEMBER 2015 FY 2oi6 - 2oi7 General Fund s2 Revenue Sources Estimated Revenues: $226,970,000 AWi .e if.d Gen...IF.MN.. OxolYmp,M" CNrinv .T¢ W, ,Man) General Fund Revenues: Top 6 BUDGETTO ACTUALS JULY• DECEMBER 2016(50 %) CITY COUNCIL MINUTES 18 FEBRUARY 21, 2017 1 0A -18 General Fund Revenues: Top 6 Actuals Vs. Actuals FY iS -16 v. FY 16 -17 JULY - DECEMBER 2016(50 %) rw....wn..a.....a . ruw,..r Positive Development Activity JULY - DECEMBER 2016 7�, 51,_'92,84- S ;15,33 5149,43 54353 SI21,33 53'.6,293 umdng Men Check $45,9 5178,563 Total $1,609,58 $3,687,53 General Fund Revenues: BUDGETTO ACTUALS COMPARISON JULY - DECEMBER 2016 Projected Revenues as of December is 5225,673.,339• Current Year -End revenue shortfalls include: i) Water Overhead Transfer: (32.4M) 2) UUT: ($2.2M) 3) Jail Rental Facility: (f2.4M) Top General Fund Revenues Sales Tax Sales Tax Base by Category General Retail 23.8% Transportation 22.6% CITY COUNCIL MINUTES 19 FEBRUARY 21, 2017 1 0A -19 Business to Business 20.7% Food Products 17.9% Construction 13.9% Other 1.1% Top General Fund Revenues Property Tax Property Tax Overview City of Santa Ana Assessed Valuation 201G2017 3],436,896,16] 1, "9,2&1,188 24,856,126,355 1896 N115-2016 21525,905,507 1,484,31],]01 23,013,226,208 0.2% 3014301s 20, 432.992,347 1642.391147 21015,MA94 0.5% 30132014 19,5]9,938,214 1539.7".991 21319,653,205 18% 2012 -2013 18,829,MIM 3.509,850,095 30,335,T/9,135 1.2% 2011 -2012 18,509,ST2,539 1591,286,9]0 X M1,5 "A59 S urt ! O ngeC unry Audkor-Cmn &rQflkeAss ed Valuations Property Tax Overview A majority of the assessed basic property value is derived from residential, commercial and industrial parcels. Net Taxable Value Residential 59.4% Commercial 21.2% Industrial 12.1% Total: 92.7° Top General Fund Revenues Property Tax in Lieu of Vehicle License Fee (VLF) Property Tax In Lieu of Vehicle License Fee (VLF) • Property Tax (VLF) is the third largest general fund revenue source. • In 2004, the California Legislature approved a VLF for property tax swap. • The result was a reduction of the VLF from 2% to 0.65% and the difference in the reduction was backfilled to cities and counties with property tax. Top General Fund Revenues Utility User Tax CITY COUNCIL MINUTES 20 FEBRUARY 21, 2017 1 OA -20 Utility User Tax (QUIT) Overview Utility Users Tax represents the fourth largest revenue source forthe City The UUT is applied to four categories: •Electncity (48.0 %oftotal UUTrevenues) •Telephone (34.1 %0ft0tal UUT revenues) •Water (9.6% of total UUT revenues) •Gas (8.3% of total UUT revenues) FY3016171UL-0EC m H301S361UL -0EC Variance Report Top General Fund Revenue Business License Business License • Business License represents the fifth largest revenue source for the City Number of Business Licenses: o 2016 = 30,593 vs. 2015 = 29,107 Top General Fund Revenues Hotel Visitors' Tax (HVT) Hotel Visitors' Tax (HVT) -Hotel visitors' Taxis the sixth largest general fund revenue - HVT Rate since January 2005 is 11% -Total number of hotels is 36. -The top 10 generate 75% of the City's Hotel Visitom'tax. aestWevhm Omn eCOUn AI wlxaM Ce�erloeE Suxes CourtriecusyMarplattilantafitra GoubletreeClub Hotel Oaubletraelloal SenteAna Grarpe CouNMNMpri FinM Sidles Wm nIYn SSuRes 1100 Inn Ore Cp, n 1-e0uinteirourN06 SouffiCoastMaInGCourtyand General Fund Operating Budget CITY COUNCIL MINUTES 21 FEBRUARY 21, 2017 1 OA -21 IIIIIIIIIIP' f" �IIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIII� s ua..0 u Top General Fund Revenue Business License Business License • Business License represents the fifth largest revenue source for the City Number of Business Licenses: o 2016 = 30,593 vs. 2015 = 29,107 Top General Fund Revenues Hotel Visitors' Tax (HVT) Hotel Visitors' Tax (HVT) -Hotel visitors' Taxis the sixth largest general fund revenue - HVT Rate since January 2005 is 11% -Total number of hotels is 36. -The top 10 generate 75% of the City's Hotel Visitom'tax. aestWevhm Omn eCOUn AI wlxaM Ce�erloeE Suxes CourtriecusyMarplattilantafitra GoubletreeClub Hotel Oaubletraelloal SenteAna Grarpe CouNMNMpri FinM Sidles Wm nIYn SSuRes 1100 Inn Ore Cp, n 1-e0uinteirourN06 SouffiCoastMaInGCourtyand General Fund Operating Budget CITY COUNCIL MINUTES 21 FEBRUARY 21, 2017 1 OA -21 FY 2016 -2017 General Fund 11 Appropriations $ 228,970,000 IkoCepvmroni5pP36b611 plq lipid <MIJUe 50I.,E5(R2Ay �o�x+�mms+asenpn ;kn an cmooiwa rei Saari n.M.�u.xsw�,aev W M+Y. m amsa n�ri rn.r Y. —pmTn n�r� General Fund Expenditures: BUDGETTO ACTUALS July — December (So%) General Fund Expenditures: ACTUALS TO ACTUALS FY 15 -16 v. FY 16 -17 CITY COUNCIL MINUTES 22 FEBRUARY 21, 2017 1 OA -22 FY 16 Departmental Expenditures Annual Fy 16 -17 Budget -17 7uly - Dec. Actuals % Expended ErW �IIIIIIIII!W' General Fund Expenditures: ACTUALS TO ACTUALS FY 15 -16 v. FY 16 -17 CITY COUNCIL MINUTES 22 FEBRUARY 21, 2017 1 OA -22 General Fund Operating Budget Projected Year End General Fund Operations PROJECTED YEAR -END FY 16 -17 Projected Net Operating Balance: ($3,3.79,684) Pending items: i) Christmas Sales z) Additional major development 3) Additional utility usage 4) Expenditure Trends FISCAL YEAR ENDING OPERATING BALANCE cereal c +"elsllzl�ae: '�`6j +- �'•�°'•r'""�•• 11 funtl ll- GmnaliuM s ]j fund M- COUII[IlSpecUi 'i �e � • � eAl «n a� Iu�d l3.- SVaraBicNm c am ..a. .Ilvmae.�rrb.r d eoaawy balanc reL -.-.. �+ ^4 '1^'E_ �•' ^� 3..i °.y` FY 15 -16 GENERAL FUND ENDING OPERATING BALANCE Revenues Expenditures FY 15 -16 Ending Operating Balance $3.5M CITY COUNCIL MINUTES 23 FEBRUARY 21, 2017 1 OA -23 FY 2015 -16 SURPLUS CALCULATION C M $3 Ending Operating Balance • 7 (without triple -flip) Triple -Flip Payment • onlune 24,20161he WFaireded he store Cetuaneim • transfer pebral Triple Flip oaymentto the counties The County Audiun ,W60d.". make the Not WY...p,. odes todcutnue, • On Inty 15,1016tM1e Oct received fiwl Tripk -Fhp payment of Final Ending Operating Fund $9.1m Balance (with triple -flip) 37 FY 14 -15 GENERAL FUND ENDING OPERATING BALANCE Revenues Expenditures FY 14 -15 Ending Operating Balance FY 14 -15 Surplus Allocation Surplus Allocation Monies of $11.BM in October 2015 Technology - $2,553,600 • Computer /Technology Replacements and Software Enhancements • Communication Upgrades Investment In City- $1,550,000 • General Plan Update • Branding Study • Pension Stability City Facility(Assets - $2,885,000 • HVACProjects— Library and Community Centers • Vehicle Replacement • Calle fuatro /plaza Calls Capita • Parks - $1,810,200 • Playground Equipment and Basketball Courts ail Resurfacing • Restroom Renovations • pubRcsofery 1Semrrty- $1,290,000 • 200Bady Camera; • Secant,Lightsateightpinks • Homeless e]Jcrts • 20 %Operaling Reserv, $500R CITY COUNCIL MINUTES 24 FEBRUARY 21, 2017 1 OA -24 Assigned Balances s6M FUND BALANCEAMOUNT EXPLANATION $2.5 M From encumbrance and project savings $3.5M From Prepaid Savings (OCFA) $6.OM Available Fund Balance Assigned Programs as of June 30, 2016 (GENERAL FUND) Community Engagement 5001W0 - N�'MxNnnr.Rx .enx'wn. Rn srsse —ttM2Ie a*'^ Encumbrance omoa-^ m! ^wu.+.•^o^x�xv^^^+^,^*weamw.w�s procedure occurs +.ro- ...exaa.a..c+. ws..exerr�.we... annually 17th Sneer Business Corridor Sands) max- erwxa- a.mmamew�s. Pension stability Fund 6o..a.�— vv.e.m*eaw..wn,x.mme.�gew.n+ara Orange County Animal Sheller xa.aw.e e,�..awe. ewa..m c.x4e w.m..ra.m u. xm7 Jail Revenue Stability Pond dial Ecmmmic Devocipment/Intra,mmiure: SABTC (YnMwww,ewb�.s+ vsq.w.b IDSlnppwpeubvninrAtaf1Y Additional Police Officers (June 21 Council Meeting) awrrmaa Subtotal General Fund Assigned Programs as of 6/3012016 Iamtl— b®,—mry`ltmptl,ae,mlgaw erwga 1 l IRi?I NI ASSIGNED PRnCRAP BALANCE drrlo sal Imta PRYYNa�aSal /ym sapw WntlbrbecwYf'�'alil[ TrtrtrBndbrxaamrywaa9nxm M1PN I'aID.e+twrl'Str�e R+m:aigN- 4ga?4dyv wXe_ TIT Yelnr TY Ce_a em:+ ' tv-sll '., a -mme. rgrr . PVJ Yr ID+9N mMm dyw mnMlga[mwsdl eth.N �M.[V�ah'.P'?M -G'x0e NIML1MNf. x,m lu wLd " Awwei:Ai1' au..ti.srors ne.. _. ro.nNe/n'n iwwf+N b»H. SBtimab + —seo.- fvnnnaoaas I hvN4 tmaq- +O'ne,gvurn j - smnsnw. Assigned Programs as of June 30, 2016 (GENERAL FUND) Community Engagement 5001W0 So. Main, Downtown, Harbor Blvd, 17th 5l. Business Corridor 1,600,000 South Main Development 5400R1 DOV /nlm rm S,t)0g) Harbor 30ulevard(54001(1 17th Sneer Business Corridor Sands) Pension stability Fund sCU,WO Orange County Animal Sheller 550,000 Jail Revenue Stability Pond 1,WO,Onp Ecmmmic Devocipment/Intra,mmiure: SABTC 4001000 Additional Police Officers (June 21 Council Meeting) 1.5000(10 Subtotal General Fund Assigned Programs as of 6/3012016 6,050,000 1 l IRi?I NI ASSIGNED PRnCRAP BALANCE City Council Approved Fund Balance Items (GENERAL FUND) Civic Center Safety /Ho—less- O9/20/2o16CCM 1731,836) AnordShelshaPs,mort 01117 /2017CCM _L750Qq Subtotal (1,481,836) Remaining Aaallable General Fund Balance 4 5668 44 42 4B CITY COUNCIL MINUTES 25 FEBRUARY 21, 2017 1 OA -25 NEXT STEPS • Development and adoption of FY 2017 -2018 Balanced Budget by June • Key Elements • Available monies are onetime only monies • Importance of maintaining the 20% operating reserve ($42.4M) and a healthy Economic Uncertainty Account ($38M) • All Bargaining Units MOU`s are scheduled to expire June 2017 • Conduct CommunityOutreach Meetings 45 Council discussion ensued. Mayor Pro Tem Martinez, proposed that a Mid -Year budget be considered on an annual basis. Councilmember Villegas, clarified that the City outsourced the Fire Department in April of 2012, the economy was stronger in 2013 and also departments made significant concessions to allow for us to have a healthier budget. Councilmember Solorio, concerned that former administrators made cuts without City Council approval; City expects a $3,000,000 deficit; prior transfers may impact sanitation fees; tree trimming is $4.3 million and $7 million sanitation fees are being transferred to general fund; important to fill budgeted positions. Mayor Pulido, potential opportunity to streamline permit approval process and inspections as economic development incentive. 65C. CONTINUE ITEM: ADOPT THE FISCAL YEAR 2015 -16 YEAR END OPERATING BALANCE AND APPROVE APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NOS. 1, 1; 2, 1, 2) - Finance and Management Services Consideration of matter continued from the December 20, 2016 City Council meeting by a vote of 6 -0 (Tinajero dissented). Consideration of matter continued from the January 17, 2017 City Council meeting to the February 21, 2017 City Council meeting by a vote of 6 -0 (Sarmiento absent). MOTION: Continue matter to the March 7, 2017 City Council Meeting at the request of staff. MOTION: Benavides SECOND: Solorio CITY COUNCIL MINUTES 26 FEBRUARY 21, 2017 1 OA -26 VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65D. THIRD AND BROADWAY PROPOSED DEVELOPMENT UPDATE AND COUNCIL AD HOC COMMITTEE RECOMMENDATION {STRATEGIC PLAN NO. 3, 5A) — City Attorney's Office Mayor Pulido, noted that Ad Hoc Committee has met and provided recommendations. Councilmember Solorio, noted that recommendations are reasonable to continue dialogue with developer. City Attorney Carvalho, indicated that recommendation was to implement the recommendation of the Ad Hoc committee which is to enter into an Exclusive Negotiation Agreement (ENA) and continue with due diligence; if Council approved option 1 would return with ENA for approval, otherwise will be on hold until formal action taken by majority of the City Council; option 2 is to bring a development agreement for consideration or option 3 is to approve the resolution as proposed by the developer. Councilmember Solorio, seconded by Mayor Pulido motion to approve option 1 to prepare an ENA for City Council consideration. The following spoke on the matter: • Gilad Salmon, opposed to the project in its entirety; provided background, proposed open space or affordable housing at location. • John Spiak, spoke on behalf of Grand Central Art Center; concerned with limited parking in the area. • Hugo Munoz, echoed sentiments and concerns expressed earlier. Council discussion ensued. Councilmember Solorio, asked about parking. Executive Director of Planning and Building Haghani, indicated that developer is proposing to replace public parking and will allow for tenant parking. City Attorney Carvalho, mentioned that ENA would address some questions and scope of development and allow City to be on track; provisions may include a reimbursement element that would need to be replenished as needed. CITY COUNCIL MINUTES 27 FEBRUARY 21, 2017 1 OA -27 Councilmember Benavides, commented that project has been many years in the making; need to bring to resolution. Mayor Pulido, will need to continue Ad Hoc committee. Councilmember Tinajero, asked if developer was selling property, opposed to giving public land since developer has not delivered on other projects; developer was supposed to pay for election costs associated with One Broadway Referendum Election; does not support ENA. Councilmember Sarmiento, stated that said project was supposed to be a priority, thorough procurement process lacking; need to have specific direction by the City Council; requested developer's financial information; Ad Hoc Committee should request and validate financial information, but not ENA. Mayor Pro Tern Martinez, concerned with process; supports a community benefit agreement; supports starting process over. Mayor Pulido, concluded that ENA would be for specified information and will bring financial information for City Council consideration; supports moving forward with developer. Councilmember Sarmiento presented substitute motioned, seconded by Councilmember Tinajero to enter into negotiations with Mr. Harrah or any other developer wiling to propose a project that is financially viable. Councilmember Benavides, asked difference between ENA and other type of agreement. City Attorney Carvalho, stated that ENA may include a reimbursement component that the City could draw from for expenses such as environmental analysis; will demonstrate commitment to develop site if approved. Councilmember Solorio, explained why he would not support substitute motion, ENA would be for a finite period and City may restart process; noted that Santora Building, Original Mike's, OCSART, Masonic Temple and other projects have been successfully developed. SUBSTITUTE MOTION: Enter into negotiations with Mr. Harrah or any other developer willing to propose a project that is financially viable. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Martinez, Sarmiento, Tinajero (3) NOES: Benavides, Pulido, Solorio, Villegas (4) ABSTAIN: None (0) CITY COUNCIL MINUTES 28 FEBRUARY 21, 2017 1 OA -28 ABSENT: None (0) 'Motion failed. FRIENDLY AMENDED MOTION: Accept Ad Hoc Committee recommendation to enter into an Exclusive Negotiating and Reimbursement Agreement with Caribou Industries for 90 days. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Villegas (5) Martinez, Tinajero (2) None (0) None (0) 75A. PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2016 -03 AND AMENDMENT APPLICATION NO. 2016 -03 FOR A PROPOSED PARK AT 415 AND 423 SOUTH RAITT STREET — CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY, APPLICANT {STRATEGIC PLAN NO. 5, 4A} - Planning and Building Agency Planning Commission approved recommended action on January 23, 2017 by a vote of 6 -1 (Contreras -Leo dissented). Legal Notice published in the Orange County Reporter February 10, 2017 and notices mailed on February 9, 2017. Staff report presented by Planning Manager Candida Neal. EXISTING PROPOSED L F CITY COUNCIL MINUTES 29 FEBRUARY 21, 2017 1 OA -29 Ci(y siNs 36yea� leau Rezone required with RSMD, apprwM by ti ln.Iiie all oeparinem of interior poomoeio� lend RPi NamstaRS= ereemion to flSCfA. 1BR Y_ . 303a y015 ]__vTi 2011 RSCCO contract espies. NPS WyconaMS mined W,.1,.Whun of deed Cnyv(ma(mement wan Cenlennlal eSr tdone. RSCW is Vented ai RSCCO to wo'k on Park from year eslenspn Conversion Plan Oepeamenl de fete ", Planning commission Action • On January 23, 2017, by a vote of 6:1, the Planning Commission recommended that the City Council: • Adopt a Resolution approving General Plan Amendment No. 2016 -03, and • Adopt an Ordinance approving Amendment Application No. 2016 -03 Recommendation • Approve General Plan Amendment No. 2016 -03 and Application Amendment No. 2016 -03 CITY COUNCIL MINUTES 30 FEBRUARY 21, 2017 1 OA -30 Mayor Pulido opened the Hearing. The following spoke on the matter: • Isuri Ramos, Community Organizer for Kennedy Commission, expressed support for proposed action. • Nancy Mejia, representing Latino Health Access, support rezoning of parcel. There were no other speakers and the Hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017 -010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2016 -03 FOR THE PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2913 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -03 REZONING PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO OPEN SPACE LAND (0) MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Solorio(1) AGENDA ITEM OUT OF ORDER — AGREEMENT 25E. AGMT NO. 2017 -041 - INCLUSIONARY HOUSING AGREEMENT IN THREE PHASES FOR THE HERITAGE VILLAGE APARTMENTS LOCATED AT 2001 E. DYER ROAD {STRATEGIC PLAN NO. 5, 3B} - Community Development Agency Matter continued from the February 7, 2017 City Council meeting to the February 21, 2017 City Council meeting by a vote of 5 -1 (Solorio dissented and Martinez absent). CITY COUNCIL MINUTES 31 FEBRUARY 21, 2017 1 OA -31 Councilmember Sarmiento, summarized that agreement will allow developer to submit payment in three installaments that have now been adjusted; important to note in the staff report any material changes that should be highlighted when an item is continued and brought back to City Council for consideration. MOTION: Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Heritage Village OC, LLC for The Heritage Village Apartments, in an amount not to exceed $9,695,725.60, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Solorio SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero (5) NOES: Martinez, Villegas (2) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. CITY OF SANTA ANA CONDITIONAL LOAN AGREEMENT AND HOUSING SUCCESSOR AGENCY LOAN AGREEMENT WITH AMCAL MULTI - HOUSING, INC. FOR THE FIRST STREET APARTMENTS PROJECT; AND APPROPRIATION ADJUSTMENTS FOR THE LOAN AGREEMENTS {STRATEGIC PLAN NO. 5,3C) Consideration of matter continued from the February 7, 2017 City Council meeting by a vote of 6 -0 ( Villegas absent). At its regular meeting on January 25, 2017, by a vote of 6 -0 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions. The following spoke on the matter: • Isuri Ramos, representing Kennedy Commission, spoke in support of affordable housing. • Joese Hernandez, member of OCCORD, requested citizenship fairs and public comments to be at the beginning of the meeting; request affordable housing in light of sanctuary city designation. • Nancy Mejia, representing Latino Health Access, requested quality housing. • Roberto Herrera, spoke on behalf of residents that need dignified housing options. • Alexis Teodoro, member of Resilience OC, expressed strong support for access to land and organizations that support those efforts. CITY COUNCIL MINUTES 32 FEBRUARY 21, 2017 1 OA -32 • Ana Urzua, representing Building Healthy Communities, opined that proposed project would bring City forward much like other actions taken by this City Council. • Mario Turner, representing AMCAL, noted that 4 bedroom units will be of great benefit to the community. • Ryan Ogulnick, Heritage Village developer, commented that Agenda Item 19G indicated that 16 projects have been funded. Council discussion ensued. Councilmember Sarmiento, opined that sole source of proposed project approved to avoid risk and expedite project; companion project was also approved as good faith to produce two housing projects; recounted actions in support of this project taken by the Planning Commission and City Council; surrounding cities also develop affordable housing projects similarly. Mario Turner, noted that market rate and affordable housing projects will provide much needed housing units. Councilmember Benavides, supports affordable and market rate housing; need resolution to allow applicants to apply for tax credits. Councilmember Tinajero, backs project that will be direct benefit and provide dignified housing for the families in our community. Mayor Pulido, asked City Attorney if funds needed when applying for State tax credits; next deadline to apply is March 1 and then July 1. City Attorney Carvalho, not involved in negotiations; State requires pre - commitment to be in place before developer applies for tax credit, may be in the form of HOME or CDBG funds or the City to have on hand. Councilmember Benavides, asked if loan was sufficient to help bridge. City Attorney Carvalho, clarified that loan from Housing Authority in addition to funds from Heritage Project; pre commitment letters are widely used and regulations require the funds on hand. Councilmember Solorio, asked developer if agree; developer confirmed that expectation was to apply in July when all funds available; suggested an Ad Hoc committee to retain a consultant to do a gap analysis on subsidy and other affordable housing projects in cue, also, if use of successor agency funds require paying prevailing wage. Mario Turner, indicated that analysis has been prepared by Keyser Marsten that requested amount was justified; commit to apply in March without funding from Heritage Project with City funding commitment and subsidy analysis may be provided if requested. CITY COUNCIL MINUTES 33 FEBRUARY 21, 2017 1 OA -33 Mayor Pulido recessed at 11:22 p.m. and reconvened at 11:39 p.m. with same members present. Councilmember Solorio, proposed motion, seconded by Mayor Pro Tern Martinez, how to move forward on this and other affordable housing projects on cue and return to the City Council for consideration at the first or second meeting next month. Councilmember Benavides, proposed substitute motion, seconded by Councilmember Sarmiento, to support applicant's proposal to allow applicant to apply by March 1, 2017. SUBSTITUTE MOTION: Support applicant's proposal as submitted. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: *Motion failed. SECOND: Sarmiento Benavides, Sarmiento, Tinajero (3) Martinez, Pulido, Solorio, Villegas (4) None (0) None (0) ORIGINAL MOTION: Establish an Ad Hoc Committee to provide recommendations on how to move forward on this and other affordable housing projects on cue and return to the City Council for consideration at the first or second meeting next month. MOTION: Solorio SECOND: Martinez VOTE: AYES: Martinez, Pulido, Solorio, Villegas (4) NOES: Benavides, Sarmiento, Tinajero (3) ABSTAIN: None (0) ABSENT: None (0) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DIRECT STAFF TO ESTABLISH AN INDEPENDENT REVIEW OR CITIZEN REVIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PROCEDURES CITY COUNCIL MINUTES 34 FEBRUARY 21, 2017 1 OA -34 AND POLICIES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL — Mayor Pro Tern Martinez MOTION: Continue consideration of matter to the March 7, 2017 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Pulido Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 85B. DIRECT STAFF, IN CONSULTATION WITH THE CITY ATTORNEYS' OFFICE, TO COLLABORATE WITH STATE AND COUNTY GOVERNMENTS, AS WELL AS LEGAL SERVICE PROVIDERS AND PRIVATE STAKEHOLDERS, INCLUDING ORGANIZATIONS SUCH AS RESILIENCE OC AND ORANGE COUNTY IMMIGRANT YOUTH UNITED, TO PREPARE TO LAUNCH A COORDINATED INITIATIVE TO PROVIDE ACCESS TO LEGAL REPRESENTATION TO SANTA ANA RESIDENTS CURRENTLY AT RISK OF REMOVAL AND WHO CANNOT AFFORD AN ATTORNEY AND FURTHER INSTRUCT STAFF TO PROVIDE AN ANALYSIS OF ALL LEGAL, FISCAL AND ORGANIZATIONAL ISSUES PRESENTED, AND REPORT BACK TO CITY COUNCIL WITH RECOMMENDATIONS — Councilmember Sarmiento The following spoke on the matter: • Sabrina Rivera, representing Western State Law School, urged support for matter. • Faby Jacome, member of Orange County Immigrant Youth United, deportation defense organizer, request support for matter, also terminate the ICE contract. • Hugo Munoz, concerned that deportation with destabilize families. • Roxana Rosas, opined that sanctuary city has obligation to protect families. • Hairo Cortes, member of member of Orange County Immigrant Youth United, support universal representation. • Carlos Perea, member of ROC, supports direct advocacy. • David Carbajal, need to exit detention center services with ICE. • Stefany Urrea, member of Orange County Immigrant Youth United, need to provide legal representation for all residents and social justice. • Roberto Herrera, supports representation for transgenders detained at the Santa Ana Jail. • Luis Ramirez, member of CLUE, supports proposal. • Sarah Sundberg, supports legal representation services. CITY COUNCIL MINUTES 35 FEBRUARY 21, 2017 1 OA -35 • Nathalie Cedeno, student at Western State Law School, have been working on universal representation initiative; applauded City's efforts. • Hugo Salazar, Policy Analyst at OCLF, request for representation has increased since November, need support services. • Jennifer Rojas, representing ACLU of Southern California, spoke in support of initiative. • Brennan Lowe, representing UCI Law Immigrant Rights Clinic, supports efforts by the City. • Andani Alcantara Diaz, representing UCI Law Immigrant Rights Clinic, willing to collaborate with City on efforts. • Annie Lai, representing UCI Law Immigrant Rights Clinic, in full support of program and willing to meet with donors; urged support to fund program and represent all. • Sylvia Kim, Asian Americans Advancing Justice, Orange County Regional Representative, opined that City is trail blazer and should continue to lead in this area. Council discussion ensued. Councilmember Sarmiento, asked that legal and fiscal impact be included in comprehensive recommendations for City Council consideration; suggested that residual funds from voter outreach program may be used for this effort; pledged $1,000 discretionary funds to support program. Councilmember Benavides, thanked all speakers; supports proposal. Councilmember Villegas, opposed to providing legal assistance although referrals are acceptable. Councilmember Solorio, would be in support of an internal office to have more control, concerned that ACLU, UCI Law Clinic and other organizations were not included; Los Angeles focused on Dreamers and Veterans would support similar program; opposed to assisting those with criminal records; does not support item as proposed. Mayor Pro Tern Martinez, supports establishing a process and use of one -time funds; important to maintain civility by all. MOTION: Direct staff and City Attorney to prepare comprehensive recommendations with legal, fiscal, and organizational impacts for City Council recommendation. MOTION: Solorio SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) CITY COUNCIL MINUTES 36 FEBRUARY 21, 2017 1 OA -36 ABSTAIN ABSENT: None (0) None (0) Councilmember Tinajero left at 12:39 a.m. and did not return. ADJOURNED THE JOINT MEETING AT 12:39 A.M. AND CONVENED THE HOUSING AUTHORITY MEETING; RECONVENED THE CITY COUNCIL MEETING AT 12:40 A.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS • Mike Tardif, commented on granny flats; City following State regulations. • John M. Raya, concerned that Community Enhancement Project Funds were not approved and replaced with CDBG process. • Joseph Cha, Simplee /Cleen Farms business owner, propose career opportunities in cannabis industry. • Yarnee Arias, Simplee /Cleen Farms, Mr. Cha's business partner, echoed comments. 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Mayor Pro Tern Martinez: • Noted that June 2016 report presented to the City Council the Community Enhancement Program funds were not allocated; concerned with inconsistent process; willing to support technology projects. Councilmember Solorio: • Request meeting be adjourned in memory of Whitter Police Officer Boyer; • Food truck ordinance; consider fines rather than misdemeanors for violations; • General Plan to consider identifying areas for food islands and improve entrepreneurs options; • Have attended neighborhood association meetings — main concern has been the need to have more park rangers, patrol officers and code enforcement, traffic calming, lack of parking, should do a citywide parking needs assessment and possibly offer incentives for parking; and CITY COUNCIL MINUTES 37 FEBRUARY 21, 2017 1 OA -37 • 400 block of 4t" Street has parking lot that has fencing that prohibit access; address and proactively look into item. Councilmember Benavides: • Commented on CDBG funding and the Community Enhancement program; • First Presbyterian Church will host Trinity Conference; invited all to attend; • Support local economy; and • Adjourn in memory of "Cato" Roman. Mayor Pulido: • Adjourn in memory of Whitler Police Officer Boyer and Mr. Roman. ADJOURNED- 1:05 a.m. - The next meeting of the City Council is scheduled for Tuesday, March 7, 2017 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 Jose Roman Sr. and Whittier Police Officer Keith Boyer Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Drone Regulations CITY COUNCIL MINUTES 38 FEBRUARY 21, 2017 1 OA -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: SECOND READING ORDINANCE: AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE COMPLIANT WITH CURRENT STATE LAW {STRATEGIC PLAN NO. 5, 6F} CITE, MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended I] Ordinance on 16' Reading ❑ Ordinance on 2nd Reading © Implementing Resolution [] Set Public Hearing For CONTINUED TO FILE NUMBER On February 21, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2912 - AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE CONSISTENT WITH CURRENT STATE LAW On July 25, 2016, the California Legislature amended Section 31603 of the Food and Agriculture Code to remove dogs seized pursuant to specified animal cruelty laws from the definition of a vicious dog. The amendment became effective January 1, 2017. The Santa Ana Municipal Code provision defining a vicious dog includes the same provisions that were in state law for dogs seized pursuant to animal cruelty laws. As of January 1, 2017, such provisions are no longer consistent with state law. Staff recommends amending Santa Ana Municipal Code section 5 -72.1 to remove from the definition of a "vicious dog" reference to any dog seized as a "fighting animal" under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or custodian of a fighting animal as set forth in Subdivision (a) of Section 597.5 of the Penal Code. 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.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). 11 A -1 Ordinance —Vicious Dogs March 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Ma air D. Huizar 1011, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2912 11 A -2 LAR 2/21/17 ORDINANCE NO, NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72.1, DEFINTIONS REGARDfNG POTENTIALLY DANGEROUS AND VICIOUS DOO THE CITY CO3UNQIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1, The City Council of the City of Santa Ana hereby finds, determine$ and declares as follows: A. On July 25, 2010, 1 the California Legislature amended section: 31003 of the Food and Agriculture Code to remove dogs seized. pursuant to specified animal cruelty laws- from the definition of a vicious dog. The amendment became, effective January 1, 2Q17. B. Santa Ana Municipal Code section 6-72.1 includes the same definition of vicious dog that waa contained In California Food and Agriculture section 31603, As of January 1, 2047, , such provisions are no longer consistent with state law, C. The City Council of the City of Santa A-he wants to amend Santa Ana Municipal Code section 572,11 to be consistantw,,ith state law, Section Z Chapter 5, Article 11, Section 5-712.1 is hereby amended to read as follows (old language is stricken):' Sec. 6-72.1 -Definitions (a) Potentially danger,ous dog means any of the following., (1 ") Any dog which, when unprovoked, after two (2) separate documented bites withlry the prior 36-month period, engages In any behavior that requires, a defensive action by any person to prevent bodily Injury whether the person and the dog are on or off the property of the owner or custodian of the dog. (2) Any dog which, when unprovoked, bites -,a parson causing any Injury less severe than a ",severe injury.," Severe injury means any physical injury to a human being that results in muscle tears or 11 A -3 disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (3) Any dog which, when unprovoked,, has killed, seriously bitten, Inflicted injury, or otherwise caused Injury attacking a domestic animal, horse, or Ilvestock, (b) Vhcious dog means any of the following: (I)-(2)Any dog which, when unprovoked, In an aggressive -manner, inflicts severe injury on or Wills 1 human being, whether the person and the dog are on or off the property of the owner or custodian of the dog; (2,) (3) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been, notified of this determination, continues the 'behavior of -a "potentially dangerous dog" as set forth Above, or is maintained in violation of the, conditions and restrictions, placed upon the dog, as -1 "potentially dangerous dog, " (c) :Provided, no dog may be determined to be a vicious dog If any such bite:, threat, injury or damage was sustained by a person who, at the tune, was ,committing a willful trespass upon the promises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog; orWas teasing, tormenting, !busing or assaulting: the dog or who has, In the past, teased, tormented,, abused orastaulted the dog. ,(d) These definitions do not apply to dogs used in military or police work while they are actually performing In that capacity. Section 3. If any provision of this Ordinance orthe,applicatior thereof to any person or circumstance Is held- invalid, such invalidity shall not affect other, provisions or applications of the Ordinance which can be given effect,without the invalid provision or appripption, and to this end the provistans of this ordinance are severable, The City Council of the Cityof,�anta Ana hereby decloret that it would have adopted` this Ordinance irrespective of the invalidity of any particular portion thereof, C(rdiffaride No. NS-XXX Page 2 of 3 11 A -4 Section 4. The City Claris shall.certifythe adoption of this Ordinance and shall cause the some to be pasted as reolrod by law. ADOPTED this day of , 2097. :Miguel A;. Purldo Mayor APPROVED AS TO FORM'..:: sy &� A . Laura A. Rossini Senior Assistant City Attcrnay AYES?. Counpilmembars NOES': Counailmember!s ABSTAIN; Councllmfembers NOT PRESENT. Councili embers CERTIFICATE OF ATTESTATION AND ORIGINALITY I; MARIA D. HVIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance Not NSA& to be the original ordinance adopted by the City Council of the City Of Santa Arta on arid that said ordinance was published, In accordance, with the Charter oftha' City of Santa Ana,. Data: Clerk of the Council City of Santa Ana Ordinance Na N$ -XXX Page 3 off, 11 A -5 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: SECOND READING ORDINANCE: AMENDMENT APPLICATION NO. 2016 -03 FOR A PROPOSED PARK AT 415 AND 423 SOUTH RAITT STREET {STRATEGIC PLAN NO. 5. RF1 Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �I���llt�i17x1 DISCUSSION On February 21, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -0 (Solorio absent): ORDINANCE NO. NS -2913 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -03 REZONING PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET FROM SINGLE - FAMILY RESIDENTIAL (R -1) TO OPEN SPACE LAND (0) The City of Santa Ana Parks, Recreation and Community Service Agency ( PRCSA) is requesting to rezone two parcels of land from residential to open space to allow the construction of a future public park. At this time, PRCSA has not yet conducted any technical studies and park designs have not been drafted. This action is solely a land use action required in order to facilitate the future construction of such park and to assure the park will be in conformance with the City's General Plan and Zoning designations. As part of this application, staff will amend the General Plan Land Use Element text and map and zoning map. 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.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). 1113-1 Ordinance — Open Space March 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2913 11 B -2 ORDINANCE NO, N-$-XX)< AN ORDINANCE Or THE CITY, COUNCIL OF' THE, CITY OF -SANTA ANA APPROVING AMENDMENT APPLICATION NO, 2:010-03 REZONINO PROPERTY LOCATED AT 415 AND 423 SOUTH RAITT STREET FROM SINGLE- FAIVIILY RESIDENTIAL (R-1.) TO OPEN SPACE LANb(o) THE CITY COUNCIL OF THE. CITY OF SANTA ANA, DOES- ORDAIN AS FQLWM,, Section I The QityC ounell pf,the, City of Santa Ana does heraby fired; datetnfiheabd declare as follows, A, The, Park% Recreation and Corn t-unity Services Agency is requesting approval of AmOhdMbnt Applicaii6n No, 1610-03 tio change the zoning district desigqation, of certain real property located at 440 and 423 $quth Raift Street from Single- Family Res iclentia(l _(R, 1) to, Open Space Land (0)10 allow, the torvstrpcton of afutt jo park Sr On September Ct 2 10, porgu6nt'to Senate BIJI'l 9, the City Tribal Corwiltotion List and 1171b con§ult with the City, T 0, The Planning Commission of the City of Santa, Aria held a duly noticed ic publi hearing onJapQaty9,20,17- The Planning" Commission - rPoOrimendedacph, 1 t!n " ' moetoprqyl a-addiboRal information and that topresentative.s -fro hi CDAA, PRCSA be present. The Planning,0ornmission of the dfty, of Santa Aria hold 0 duly noticed public hearlinq on Jan'oarV, 23, 2GI T� on Arneridment mm 0, This, City Council, prior to taping action on this hetda duly nol"bed, pwl)]Jc heaOng on Felarugry 2'1, 20-17. E, The City Council 6190 4doptsasfhdfrTqt all facts: presented in tha, Request for Council .Action n -0ction 64ted Ftbru4ry2l, 2017 accompany I i this matter. , 11 B'-3 R Convenience, M atc—Ug-n-2. The City Cp4w(f has revtevrecl and considered ,the ,infqrma,,tion- contained In the CEQA analysis prepared with h respoot to this prbjeot The City Counbit has, as a result of Its consideration of the record at a Whole and The evidence presented at the hearing on this matter, deterrnined that, as requitred . pursuant to the California Envfronrriental Quality Act (CEQA) and the State OI=QA GOdefirips, -0-Oneral Rule Exempflon No-, P,016-26 meets al) recivirements of CEQA- - �,btibh,3�, The real property tOCatecl at 410. and 423 South RaItt ' Street In Santa Ana is hereby te'd-lagsified from 'Single- Family and (R-4) to Open ,Space Land 0. An amended $ecbohal,0WrIcf Map, showing the abovo described change In use district designation,, is hereby approved and attached hereto as Exhibit A and Incorporated Oy`t4ls reference a as though fully set NO hervin, Section 4. This ordinance shall not be offecOve unless and until' Resolution No. 2011- (Ooneral Plan Amendment No, is adopted and becomes effectfvo. if said resoluttwi,,orid jordinanooare forony reason held to be inyallcl -or; tjncpnstitutpnal by the cipolsion, of any court pf competent jurlsd)pt[on, Qrtthorwisq does hot go into effect for any reason,,, thou this ordinance shall be null and void and have no furthee forte and affect, Section if ony,sact'loin, twhseciforl, senfonoe,,olause, phrase, or portion of this � ordinance is for any reason hold to be invalid or tinpofistitutior , by the decision of arVY,Poort of competent; jurisdiddri, such -decitionzholl hot affect the validity of the rOmOininq portions bf-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 irraspedtive, of the fact that any one or more ae�kiohs, subs tons, sentences, clauses, phrases, or portionO be dedloredthvaild or unwnstitutloal, AbOPTED this 2111 day of February,,'201 7, Miguel A. Pulido Mayor 11 B-4 APPROVED A TO FORM.. Sohia R. Carualha City Attornay Sy4 Lisa Storck Assistant City Attorney AYES: Couricilmembers NOES Councilmembers ABSTAIN: Councilmetnbere NOT PRESENT. Courcilrhemberts 0ERTIP ICATE OF ATTESTATION ANb ORIGINALITY' 1, MARIA Q. HV(ZAR, Clerk of the Council, do heretry attest to and certify the attached Ordinance Nor NS- to be the original ordinance adopted by the City Council of the City of Santa Ana en 2017, and that said ordinance was published In accerdanoe with the Charter of the City of Santa Aria, Date: Clark df the Council City of Santa Ana 11B-5 11 B -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2017 TITLE: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR -ENDED JUNE 30, 2016 {STRATEGIC PLAN NO. 4, 1} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1=090=19 ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO ac a FILE NUMBER %i °L&I f Receive and file the following audited and separately issued reports for Fiscal Year Ended June 30, 2016: 1. Comprehensive Annual Financial Report 2. South Coast Air Quality Management District (SCAQMD) 3. Appropriations Limit (GANN Limit) 4. Compliance with the Statement of Investment Policy DISCUSSION The Finance and Management Services the lead on various audit and separately Independent Auditor, White Nelson Diehl reports and related status. AUDITED REPORTS: Agency - Accounting Division (Accounting Division) is issued reports compiled and prepared by the City's Evans LLP (WNDE). Outlined below is a list of the Comprehensive Annual Financial Report (Exhibit 1) The Comprehensive Annual Financial Report (CAFR), prepared by the Accounting Division reports audited financial information on all City funds for the Fiscal Year ended June 30, 2016. The CAFR is prepared in accordance with the Generally Accepted Accounting Principles along with the reporting requirements set forth by the Governmental Accounting Standards Board. The CAFR was audited by the City's independent public accounting firm, WNDE, in accordance with Government Auditing Standards (GAS). WNDE was awarded a contract by the City Council on May 3, 2016 after successful completion of the City's Request for Proposal (RFP) process. 19C -1 Comprehensive Annual Financial Report for the Fiscal Year - Ending June 30, 2016 January 17, 2017 Page 2 • Accounting Division is pleased to report that that the City received an unmodified opinion; commonly known as a clean opinion, which is considered the most favorable conclusion for the Audit. The unmodified opinion indicates that the City's financial statements present fairly, in all material respects, the financial position of the City, changes in financial position, and cash flows for the fiscal year ended June 30, 2016. Audit of the City's South Coast Air Quality Management District (SCAQMD) financial statements Exhibit 2 Under Assembly Bill 2766 Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 442471, cities and counties receiving the AB 2766 funds are required to separately account for the revenue and to expend the revenue for air pollution reduction measures. The SCAQMD audit report reflects the City's compliance to such measures. • Accounting Division is pleased to report that the City received an unmodified opinion on the SCAQMD audit report and no compliance findings were noted. SEPARATELY ISSUED REPORTS: In addition to the CAM and the SCAQMD reports, WNDE performed the following Agreed Upon Procedures (AUP) examinations: Appropriations Limit calculations, also known as GANN Limit (Exhibit 3) The GANN limit established the appropriations limit on expenditures for publicly funded programs in accordance with Section 1 of Article XIII of the California Constitution. Accounting Division is pleased to report that no findings were noted as a result of this AUP review. City's compliance with the Statement of Investment Policy (Exhibit 4) The report on the City's Investment Policy is elected to be performed by the City to ensure compliance. • Accounting Division is pleased to report that no findings were noted as a result of this AUP review. The CAM is posted and available on the City's website. In addition, FMSA submitted the report to the Government Finance Officers Association's Certificates of Achievement for Excellence in Financial Reporting Program. This award is the highest form of recognition in governmental accounting and financial reporting. The City has received this prestigious award for thirty eight consecutive years. 19C -2 Comprehensive Annual Financial Report for the Fiscal Year - Ending June 30, 2016 January 17, 2017 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (maintain a stable, efficient, and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Comprehensive Annual Financial Report (CAFR) 2. South Coast Air Quality Management District (SCAQMD) Report 3. GANN Limit Agreed -Upon Procedures Report 4. Investment Policy Agreed -Upon Procedures Report 19C -3 19C -4 EXHIBIT 1 The Comprehensive Annual Financial Report CAFR) for the Fiscal Year ended June 30, 2016 is available on the City's website: http: / /www.ci.santa- ana.ca.us /finance /cafr /documents /2016 cafr.pdf 19C -5 19C -6 EXHIBIT 2 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND FINANCIAL STATEMENTS WITH REPORT ON AUDIT BYINDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS FOR THE YEAR ENDED JUNE 30, 2016 19C -7 CITY OF SANTAANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND TABLE OF CONTENTS For the year ended June 30, 2016 Page Number Independent Auditors' Report Financial Statements: Balance Sheet Statement of Revenues, Expenditures and Changes in Fund ,Balance Notes to Financial Statements Required Supplementary Information: 10 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual 11 Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 19C -8 12 INDEPENDENT AUDITORS' REPORT The Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California Report on the Financial Statements We have audited the accompanying financial statements of the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2016, and the related notes to the financial statements, as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the City's preparation and fair presentation of the AQMD's financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Offices located in 1;9CiL(.6w Diego Counties Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California as of June 30, 2016, and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the financial statements present only the Air Quality Improvement Special Revenue Fund and do not purport to, and do not present fairly the financial position of the City of Santa Ana, California, as of June 30, 2016, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual, identified as Required Supplementary Information (RSI) in the accompanying table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the RSI in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other lmowledge we obtained during the audit of the basic financial statements. We do not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Management has not presented the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the AQMD's basic financial statements is not affected by this missing information. 2- 19C -10 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 7, 2016, on our consideration of the internal control over the AQMD's financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the internal control over the AQMD's financial reporting and compliance. 4 )'L� ,tom, tub &/0 Irvine, California December 7, 2016 -3- 19C-11 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND BALANCE SHEET June 30, 2016 ASSETS: Cash and investments Interest receivable TOTAL ASSETS LIABILITIES AND FUND BALANCE: LIABILITIES: Accounts payable FUND BALANCE: Restricted for air quality improvement TOTAL LIABILITIES AND FUND BALANCE See accompanying notes to financial statements. -4- 19C -12 $ 626,341 768 $ 627,109 $ 9,599 617,510 $ 627,109 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE For the year ended June 30, 2016 REVENUES: Motor vehicle fees Investment income Miscellaneous TOTAL REVENUES EXPENDITURES: Direct program Administrative TOTAL EXPENDITURES DEFICIENCY OF REVENUES UNDER EXPENDITURES FUND BALANCE, BEGINNING OF YEAR FUND BALANCE, END OF YEAR See accompanying notes to financial statements. -5- 19C-13 $ 310,454 7,065 3,025 320,544 388,757 9,156 397,913 (77,369) 694,879 $ 617,510 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS June 30, 2016 1. GENERAL: The financial statements are intended to reflect the financial position and changes in the financial position attributable to the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City). These financial statements are exclusively for AQMD and do not purport to, and do not present fairly the financial position and changes in the financial position for the City. The South Coast Air Quality Management District (SCAQMD) is authorized Linder Assembly Bill 2766 (AB 2766) Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] to impose a motor vehicle registration fee to be used by the SCAQMD and local governments specifically for programs to reduce air pollution from mobile sources and related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988. The California Department of Motor Vehicles collects the vehicle registration fee and subvenes it to SCAQMD. Upon receipt, the vehicle registration fee is split into segments with 40% of the revenue place in a special revenue fund designated as the Air Quality Improvement Trust Fund for quarterly distribution to local governments. CHSC Section 44243 requires cities and counties receiving the AB 2766 funds to separately account for the revenues and to expend the revenues for air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan pursuant to Article 5 of Chapter 5.5 of Part 3 of the CHSC. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: A. Fund Accounting: The financial activity of the City is accounted for on the basis of fiends, each of which is considered a separate accounting entity with a self- balancing set of accounts. Monies under AB 2766 are accounted for in the Air Quality Improvement Special Revenue Fund, which is a special revenue fund. B. Measurement Focus and Basis of Accounting: The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements. 6- 19C -14 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): B. Measurement Focus and Basis of Accounting (Continued): AQMD's financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accotunting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. C. Budgetary Accounting: The City's fiscal year begins on July 1 of each year and ends June 30 the following year. On or before the fifteenth of Jime of each year, the City Manager recommends and submits to the City Council a proposed budget for the next ensuing fiscal year based on a detailed financial plan prepared by the heads of the various offices, agencies and departments of the City and its component units. Upon receipt of the proposed budget, the Council holds a public hearing wherein the public is given an opportunity to be heard, after which the Council may make any revisions deemed advisable. After the conclusion of the public hearing, the Council may make modifications with the affirmative vote of at least a majority of its members. On or before the thirty -first day of July, the City Council adopts the budget as amended by the affirmative vote of at least a majority of its members. Upon final adoption, the budget is in effect for the ensuing fiscal year and becomes the authority for the various offices, agencies, and departments to expend subject to controls established by the City Charter. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by affirmative vote of at least two - thirds of the members so as to authorize the transfer of unused balances appropriated for one purpose to another propose, or to appropriate available revenue not included in the budget. Where appropriations are made to offices, departments, or agencies for more than one activity or program, "appropriations" are considered in the aggregate with respect to total expenditures authorized for that office, department or agency within each fund, limited to purposes for which the revenues of such funds are to be spent. The City Manager is authorized to make revisions among the items included in such appropriations if, in his opinion, such revisions are necessary and proper. Budgetary control exists at the department level. Council action is necessary for transfers between departments /agencies or transfers between funds. During the fiscal year, all budget and supplemental amendments were necessary and made in a legally permissible manner. -7- 19C-15 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): C. Budgetary Accounting (Continued): The City legally adopts annual budgets for the Special Revenue Funds including the Air Quality Improvement Special Revenue Fund. The budgetary control for the Special Revenue Funds is under the department in charge. The Air Quality Improvement Special Revenue Fund is managed by the Finance and Management Services Agency. Monthly budgetary reports are prepared to effect control through fiscal management. The City Council approved supplemental appropriations during the year, but they were not considered material. Budgets are prepared on a modified accrual basis. Encumbrances (e.g. purchase orders, contracts) outstanding at year -end are reported as restrictions of fund balances since they do not constitute expenditures or liabilities. All other annual appropriations lapse at fiscal year -end to the extent that they have not been expended or lawfidly encumbered. During the fiscal year, the total Fund's expenditures were within the legal prescribed limits as approved by the City Council. D. Fund Balance: AQMD's fund balance is reported based on the extent to which the City is bound to observe constraints on the use of the AQMD's resources. AQMD's fund balance is classified under restricted, which include amounts which are constrained for specific purposes that are 1) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or 2) imposed by law through enabling legislation. AQMD's find balance is restricted for programs initiated for the purpose of implementing the California Clean Air Act. Information regarding the fund balance reporting policy adopted by the City is described in Note 1 to the City of Santa Ana's Comprehensive Annual Financial Report. E. Estimates: The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that effect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 19C -16 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS (CONTINUED) June 30, 2016 3. CASH AND INVESTMENTS: AQMD's cash and investments balances are pooled with various other City funds for deposit and investment purposes. Each fiend's share of the pooled cash account is separately accounted for, and investment income is apportioned to the participating funds based on the relationship of their average daily balances to the total of the pooled cash and investments. Information regarding the credit risk and authorized types of deposits and investments in the City's pooled cash and investments is included in the City's Comprehensive Annual Financial Report. This report can be obtained from the City of Santa Ana. 4. AB 2766 BIENNIAL AUDIT AND QUESTIONED COSTS: Health and Safety Code Section 44244.1 stipulate that each recipient of AB 2766 funds be subject to an audit at least once every two years by an independent auditor selected by the SCAQMD. The most recent AB 2766 audit resulted in no questioned costs. 5. SUBSEQUENT EVENTS: The City has evaluated events subsequent to June 30, 2016 to assess the need for potential recognition or disclosure in the financial statements. Such events were evaluated through December 7, 2016, the date the financial statements were available to be issued. Based upon this evaluation, it was determined that no subsequent events occurred that require recognition or additional disclosure in the notes to financial statements. -9- 19C -17 REQUIRED SUPPLEMENTARY INFORMATION -10- 19C -18 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the year ended June 30, 2016 REVENUES: Motor vehicle fees Investment income Miscellaneous TOTAL REVENUES EXPENDITURES: Direct program Administrative TOTAL EXPENDITURES DEFICIENCY OF REVENUES UNDER EXPENDITURES FUND BALANCE, BEGINNING OF YEAR Variance with FUND BALANCE, END OF YEAR $ 94,879 $ (41,069) $ 617,510 $ 658,579 See accompanying notes to financial statements. -11- 19C-19 Final Budget Budgeted Amounts Positive Original Final Actual (Negative) $ 414,000 $ 414,000 $ 310,454 $ (103,546) 300 300 7,065 6,765 1,850 1,850 3,025 1,175 416,150 416,150 320,544 (95,606) 995,245 1,131,193 388,757 742,436 20,905 20,905 9,156 11,749 1,016,150 1,152,098 397,913 754,185 (600,000) (735,948) (77,369) 658,579 694,879 694,879 694,879 - FUND BALANCE, END OF YEAR $ 94,879 $ (41,069) $ 617,510 $ 658,579 See accompanying notes to financial statements. -11- 19C-19 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Air Quality Improvement Fund (AQMD) of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2016, and the related notes to financial statements, which collectively comprise the AQMD's basic financial statements, and have issued our report thereon dated December 7, 2016. Internal Control over Financial Reporting In planning and performing our audit, we considered the City of Santa Ana, California's internal control over AQMD financial reporting (AQMD's internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the AQMD's financial statements, but not for the purpose of expressing an opinion on the effectiveness of the AQMD's internal control. Accordingly, we do not express an opinion on the effectiveness of the AQMD's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the AQMD's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. -12- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 > Fax: 714.978.7893 Vices located 1 &* fin Diego Counties Compliance and Other Matters As part of obtaining reasonable assurance about whether the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California's financial statements are free from material misstatement, we performed tests of its compliance with applicable provisions of Assembly Bill 2766 (AB2766), Chapter 1705 (Health and Safety Code Sections 44220 through 44247), and certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of the AQMD's financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the AQMD's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the AQMD's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 4 `?? 4nt) /au& LAP Irvine, California December 7, 2016 -13- 19C -21 19C -22 EXHIBIT 3 CITY OF SANTA ANA, CALIFORNIA APPROPRIATIONS LIMIT WORKSHEET NO.6 WITH INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET FOR THE YEAR ENDED JUNE 30, 2016 19C -23 INDEPENDENT ACCOUNTANTS'REPORT ON AGREED -UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET To the Honorable Mayor and Members of the City Council of the City of Santa Ana Santa Ana, California We have performed the procedures enumerated below to the accompanying Appropriations Limit Worksheet No. 6 of the City of Santa Ana, California for the year ended June 30, 2016. These procedures, which were agreed to by the City of Santa Ana, California and the League of California Cities (as presented in the League publication entitled "Article XIII -B Appropriations Limit Uniform Guidelines ") were performed solely to assist the City of Santa Ana, California in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. The City of Santa Ana's management is responsible for the Appropriations Limit Worksheet No. 6. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures performed and our findings were as follows: 1. We obtained the completed Worksheet No. 6 for the year ended June 30, 2016, and compared the limit and annual adjustment factors included in that worksheet to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheet to those that were selected by a recorded vote of the City Council. No exceptions were noted as a result of our performing this procedure. 2. For the accompanying Appropriations Limit Worksheet No. 6, we added last year's limit to the total adjustments, and compared the resulting amount to this year's limit. We also recalculated the adjustment factor and the adjustment for inflation and population, and compared the results to the amounts on Worksheet No. 6. No exceptions were noted as a result of our performing this procedure. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Offices located an San Diego Counties 3. We compared the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the City Council for the prior year. No exceptions were noted as a result of our performing this procedure. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the accompanying Appropriations Limit Worksheet No. 6. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by the League publication entitled "Article XIII -B Appropriations Limit Uniform Guidelines ". This report is intended solely for the information and use of the City Council and management of the City of Santa Ana, California and is not intended to be, and should not be, used by anyone other than these specified parties, Irvine, California December 7, 2016 i i XM -2- 19C -25 CITY OF SANTA ANA APPROPRIATIONS LIMIT WORKSHEET NO. 6 For the year ended June 30, 2016 Appropriations limit for fiscal year ended June 30, 2015 (see Note 2) Adjustment factors for the fiscal year ended June 30, 2016 (see Note 2): Inflation Population Factor Factor (Note 3) (Note 4) 1.0382 1.0108 Adjustment for inflation and population Other adjustments (Note 5) Total adjustments Appropriations limit for fiscal year ended June 30, 2016 Combined Factor 1.0494 See accompanying notes to Appropriations Limit Worksheet No. 6. -3- 19C -26 $ 893,083,329 x 0.0494 44,119,452 44,119,452 S 937.202.781 CITY OF SANTA ANA NOTES TO APPROPRIATIONS LIMIT WORKSHEET NO. 6 For the year ended June 30, 2016 1. PURPOSE OF LIMITED PROCEDURES REVIEW: Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to a limited procedures review in connection with the annual audit. 2. METHOD OF CALCULATION: Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1, 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986 -87, adjusted for the inflation and population factors discussed at Notes 3 and 4 below. 3. INFLATION FACTORS: A California governmental agency may adjust its appropriations limit by either the annual percentage change in the 4`h quarter per capita personal income (which percentages are supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City of Santa Ana, California (the City) for fiscal year 2015 -2016 represents the annual percentage change in the 4`h quarter for per capita personal income. 4. POPULATION FACTORS: A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction's own population, or the annual percentage change in population in the County where the jurisdiction is located. The factor adopted by the City for fiscal year 2015 -2016 represents the annual percentage change in population in the County in which the City is located. 5. OTHER ADJUSTMENTS: A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the year ended June 30, 2016. -4- 19C-27 19C -28 INDEPENDENT ACCOUNTANTS'REPORT ON APPLYING AGREED -UPON PROCEDURES To the Honorable City Council of the City of Santa Ana Santa Ana, California EXHIBIT 4 We have performed the procedures enumerated below, which were agreed to by the City of Santa Ana, California (the City), solely to assist the City in determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code) for the quarter ended June 30, 2016. The City's management is responsible for the compliance with the Policy and the Code and for selecting the criteria and determining that such criteria are appropriate for your purposes. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the City's management. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings were as follows: 1. We obtained a copy of the City's Quarterly Investment Report for the quarter -ended June 2016 and compared the investments listed in the report to the types of investments authorized by the Policy for fiscal year 2015/2016. Finding: No exceptions were noted as a result of our performing this procedure. 2. We compared the investments listed on the City's Quarterly Investment Report for the quarter -ended June 2016 to the type of investments authorized by the Code. Finding: No exceptions were noted as a result of our performing this procedure. 3. We ensured that the maturities of investments listed in the City's Quarterly Investment Report for the quarter -ended June 2016 were in compliance with the Policy. Finding: No exceptions were noted as a result of our performing this procedure. -1- 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 O,JJces located (tW L29 Diego Coantiej 4. We reviewed the City's Quarterly Investment Report for the quarter -ended June 2016 to ascertain it contained the information /data required by Government Code Section 53646 and met the timing requirements of Government Code Section 53646, as follows: a. Included the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and monies held by the City. b. Included those funds under management of contracted parties (fiscal agents, trustees, etc.). c. Included market value (and source) as of the date of the report for all securities held by the City or under management of any outside party that was not also a local agency or the State of California Local Agency Investment Fund. d. Stated compliance of the portfolio to the Policy of the City. e. Included a statement addressing the ability of the City to meet the pool's expenditure requirements for the next six months. Finding: No exceptions were noted as a result of our performing this procedure. 5. We compared the investments listed in the City's Quarterly Investment Report for the quarter -ended June 2016 to the prohibited investments listed in the Code. Finding: No exceptions were noted as a result of our performing this procedure. 6. We reviewed the City's Quarterly Investment Report submission evidence documentation for the quarter -ended June 2016 and ascertained whether a quarterly basis report was submitted within 30 days following the end of the quarter. Finding: No exceptions were noted as a result of our performing this procedure. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on the compliance with the Policy. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the City Council and management of the City, and is not intended to be, and should not be, used by anyone other than those specified parties. 4 .ELI& a,�dj LAP Irvine, California December 7, 2016 -2- 19C -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED El AUTHORIZE ISSUANCE OF A REQUEST El FOR QUALIFICATIONS FOR EXPEDITED El El BUILDING INSPECTION SERVICES Q {STRATEGIC PLAN NO. 3,3) RECOMMENDED ACTION As Recommended As Amended Ordinance on 1 e1 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to release the Request for Qualifications (RFQ) to qualified consulting firms to provide expedited building inspection services. DISCUSSION Development activity in the City has been trending upward since 2011 and will continue to do so for the foreseeable future. There has been a negative impact on inspection turnaround time as the inspection staffing has not kept pace with said activity for 24 hour response time to as much as 3 weeks. The effects of which are: • Overall delayed construction timelines which is particularly detrimental to medium to large commercial, industrial, or mixed -use projects as delays drive up construction costs and retards revenue to the general fund. • Constant service requests by developers for expedited inspections or dedicated inspectors for their projects which is currently non - existent other than through in -house staff overtime which is unsustainable. • Rogue construction due to contractors not able to afford waiting for inspections that will have life- safety implications and will necessitate costly future remediation. • Reduction in the quality of inspections due to unrealistic staff workloads. • A service level not in synch with the cost allocated for said service based on the 2008- 2009 fee study it was assayed. Securing contract inspection staffing will provide a means by which projects may be expeditiously serviced without having to wait up to three weeks. Moreover, it will assist in reducing response time for inspection of general work load by permanent in -house staff. This expedited service will be funded via an additional pass through service fee based on contract rates established and agreed upon by the successful Consultant and the City. There is also the added benefit of previewing potential staff in the event that permanent future positions are made available. 1913-1 Request for Qualifications for Expedited Building Inspection Services March 7, 2017 Page 2 With approval from the City Council, staff anticipates issuing the RFQ on March 8, 2017. Consultants will have 14 days to respond, with a deadline of March 22, 2017. Once the RFQ deadline has passed, a Review Team made up of City staff will evaluate the submittals and will present them, along with a recommendation(s) to enter contracts, for consideration by the City Council on April 18, 2017. City staff intends to issue the RFQ primarily via digital means. The RFQ will be advertised on the City's website and posted on social media sites, and emailed to all consultants providing contract building inspection services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community). FISCAL IMPACT Typically, it costs 40% more to hire outside inspectors to perform the job that would otherwise be done by the City inspectors. Therefore, presently, staff is proposing to "contract out" and pass the entire cost of outside staff, plus a nominal administration surcharge, to interested applicants. If the upward trend in application continues, staff will present alternatives at the time of budgetary reviews. Therefore, at this time, there is no fiscal impact associated with the issuance of an RFQ. One or more consultants may eventually be selected once the entire solicitation process is complete. A fiscal impact, if any, will not be known until such time that the City Council reviews and selects a proposal and consultants to provide expedited building inspection services. Hassan HaghP i, Albs Executive Director Planning and Building Agency SM:rb SM:RFCA — Expedited Building Inspection Services — March 2017 Exhibit: 1. Request for Qualification 19D-2 REQUEST FOR QUALIFICATIONS (RFQ) FOR BUILDING INSPECTION SERVICES Issued By: CITY OF SANTA ANA BUILDING DIVISION, M -19 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. EXHIBIT 1 19D-3 NOTICE By way of this Request for Qualifications (RFQ), the City of Santa Ana Building & Safety Division ( "City ") intends to pre - qualify a limited number of full service firms to provide professional services for the inspection of construction projects within the City of Santa Ana. Work under this RFQ would include the following types of tasks, but are not limited to, inspection services, residential, commercial and government buildings and structures for verification of compliance with the most current adopted versions of the California Building Standards Code, City of Santa Ana Municipal Code, relevant State and Federal Laws, the approved construction documents, and coordination between City agencies, designers, and builders in the community. Firms responding to this RFQ should be able to demonstrate that the personnel that they employ on behalf of the City possess certifications and /or licenses relevant to the work they are performing pursuant to Section 18949.28 of the California Health and Safety Code. The City is committed to non - discrimination and equal opportunity. No person will be discriminated against on the grounds of race, color, sex, religion, national origin, ancestry, age, marital status, physical or mental disability, or sexual orientation. i0 The City of Santa Ana Building and Safety Division is responsible for building inspections of commercial, residential, and government construction projects within the City of Santa Ana. For many years the Building Division met or exceeded a turnaround time of next business day for over 90 percent of Building Inspections. This level of service compared favorably with surrounding municipalities and represented the generally accepted performance goal for Building Inspections. This has been in part accomplished by maximum capacity staff and overtime during especially high volume months to inspect projects and assist customers. Beginning in 2009, budget constraints resulted in the reducing the amount of full time building inspectors. While these reductions negatively impacted inspection turnaround times, the impact was lessened by the concurrent reduction in building inspections required due to the economic downturn. Increased activity from the building industry as the economy continues to recover combined with current building inspection turnaround exceeding acceptable service levels has resulted in an increasing number of projects requesting accelerated building inspections. The City is interested in contracting with one or more qualified firms to provide accelerated building inspection services on an as- needed basis in order to improve building Inspection turnaround times as well as provide greater flexibility for applicants wishing to take advantage of accelerated building inspections. RFQ: Building Inspection Services Page 2 of 7 1901-4 PURPOSE The purpose of this Request for Qualification Proposals ( "RFQ) is to solicit competitive proposals from qualified persons and /or firms to provide building inspection services and customer assistance for the City of Santa Ana. The City's intent is to minimize response time and improve customer service by supplementing in -house staff with consulting services for building Inspection Services. III. RULES FOR PROPOSALS The signer of the RFQ must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. IV. SCOPE OF SERVICES The City is soliciting a Statement of Qualifications ( "SOQ ") from interested firms with the intent of creating a list of pre - qualified proposers. Proposers will be pre - qualified based on the process set forth in the "Selection Process and Award" of this RFQ. The City intends to have several firms qualified for these services. Proposers will be selected based upon their competency, experience and availability to conduct the work in a timely manner. The ability to provide in -house temporary staffing is desirable. Once a qualified proposer list is created, the City will utilize this list and enter into inspection service contracts. The list of prequalified proposers shall remain active for a three (3) year period. V. SUBMITTAL REQUIREMENTS All Proposals shall include the following information: Letter of Introduction - Briefly describe the firm; e -mail, and phone number of the contact person the respondent's understanding of the scope approach to the scope of services. The letter officer of the respondent's firm authorized commitments made in the proposal. The letter must be addressed to: Gerald Caraig Building Official City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, CA 92702 and the name, address, as well as a summary of of services and overall should be signed by an to bind the firm to all 2. Firm Profile Provide a brief description of your firm's size and organization structure. RFQ: Building Inspection Services Page 3 of 7 19D -5 l M Relevant Experience and Qualifications Provide a description of your firm's relevant experience and qualifications of key individuals that may be involved in providing Building Inspection services your firm has completed over the last three years. Specifically list any work conducted with governmental entities. Provide resumes for all key personnel. Rate Structure Provide a sheet showing proposed hourly rates of firm's staff and equipment utilized for Building Inspection Services at various levels of inspectors. References - Provide at least three (3) references (names and current phone numbers) from recent work that may be contacted for verification of the respondent's experience and qualifications. CONFLICT of INTEREST Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Santa Ana, or a public body within Orange County or member or delegate to the Congress of the United States, during his /her tenure or for one year thereafter, shall have any direct interest in contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Santa Ana. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Santa Ana limits. Proposers must also identify any other clients that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. The list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for the City of Santa Ana may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. SUBMITTAL of QUALIFICATIONS Your Submittal package shall include the following: • One (1) original and three (3) printed copies of your proposal. The proposal shall be in Times New Roman, Arial or some similar easily readable font. The size of the font shall not be smaller than 12. Proposals shall be submitted not later than the time and date indicated on the cover page of this RFQ. RFQ: Building Inspection Services Page 4 of 7 19D-6 • All submittals shall be submitted in a sealed envelope or container and clearly marked with the title of the RFQ on the outside of the parcel, `Request for Qualifications — Inspection Services' • Proposals must be submitted ONLY to: Gerald Caraig Building Official City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, CA 92702 • Faxed and /or emailed proposals shall not be accepted. • The City of Santa Ana shall not be responsible for proposals delivered to a person or location other than that specified hereinabove. • Late submittals shall not be accepted or considered. • All submittals, whether selected or rejected, shall become the property of the City of Santa Ana and will not be returned. • The City reserves the right to waive minor defects and /or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity. • Once opened, all responses become public record and will be available to the public for review. • Cost incurred by the respondent in the preparation of the response to this RFP is the sole responsibility of the respondent, and will not be reimbursed by the City. • All proposals shall remain firm for one hundred twenty (120) days following the closing date of the receipt of proposals. • Proposals must be received and date stamped by no later than March 22, 2017 at 5:00 p.m. The City of Santa Ana has no authority to accept proposals submitted after the above date and time. Proposals received after the date and time specified in this RFQ will be rejected by the City as non - responsive. VIII. SUBMITTAL INFORMATION AND DEADLINE The following represents the tentative schedule for this project. Tasks Date Release of RFQ March 8, 2017 RFQ: Building Inspection Services Page 5 of 7 19D-7 IX. Deadline for Final Questions March 15, 2017 Proposal Submission Deadline March 22, 2017 Evaluation of Proposals TBD Interviews — (If Needed) TBD Selection and Notification of Proposer TBD List Please include the following in the submitted Response to RFQ: 1) Letter of Introduction - Briefly describe the firm; and the name, address, e -mail, and phone number of the contact person as well as a summary of the respondent's understanding of the scope of services and overall approach to the scope of services. The letter should be signed by an officer of the respondent's firm authorized to bind the firm to all commitments made in the proposal. 2) Relevant Experience and Qualifications - Describe relevant experience and qualifications of key individuals that may be involved in providing Building Inspection services your firm has completed over the last three years. Specifically list any work conducted with governmental entities. Provide resumes for all key personnel. 3) References - Provide at least three (3) references that may be contacted for verification of the respondent's experience and qualifications. 4) Rate and Service Structure (submitted in a separate sealed envelope) - Fee Structure for personnel specified as an hourly rate. 5) Insurance Requirements - All required insurance must be current and up- to -date in advance and renewed annually. A consultant my not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Staff. CONSULTANT SELECTION The City will review the responses to the RFQ and make a determination as to the most responsive, best suited and most qualified to provide the service being requested. Generally, the criteria will include, but not be limited to: • The responsiveness to the specific needs of the City and an understanding of the services to be provided. • Experience, expertise and knowledge particular to the City's needs, in providing services of a similar nature. • The skills, education and experience of the consultant(s). RFQ: Building Inspection Services Page 6 of 7 19D-8 • Local businesses preference. For purposes of selection criteria, local is defined as having a headquarters or branch office located in either the City of Santa Ana, or within Orange County. • References. • Service Cost/Rates. Following the review, the City will determine the final number of proposers to be included on the list of pre - qualified proposers. The City will notify all proposers of their pre - qualification status. The top four (4) firms will be awarded a three (3) year contract for on -call inspection services. X. QUESTIONS Prospective proposers shall direct all questions to: Gerald Caraig Building Official City of Santa Ana 20 Civic Center Plaza (M -19) P.O. Box 1988 Santa Ana, CA 92702 Tel. (714) 647 -5896 Email: gcaraig@santa- ana.org XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary as well as a detailed breakdown of the tasks, the hours, and hourly rates. Payment by City within 45 days of invoice. XIL REGULATIONS The selected consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. RFQ: Building Inspection Services Page 7 of 7 19D-9 19D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT {STRATEGIC PLAN NO. 5, 313} CIA MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . 40 0200 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading Ordinance on 2 "a Reading (] Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development. DISCUSSION The General Plan Housing Element is a comprehensive planning document designed to address current and future housing needs for Santa Ana and the surrounding region. The housing vision is expressed in the goals and policies and implementation programs are stated in the Housing Element. The purpose of the Housing Element Annual Progress Report (Exhibit 1) is to describe the activities and accomplishments made in 2016, which are implemented in the City's housing vision. The following are four major Housing Element program accomplishments in 2016: 1) The Comprehensive General Plan Update community engagement, including a total of 40 meetings with residents and stakeholders to develop a sustainable Shared Vision for the future of Santa Ana; 2) The City of Santa Ana awarded 71 project -based vouchers to The Orchard, a Permanent Supportive Housing exclusively for homeless individual and families; 3) The re- opening of The Salvation Army Emergency Shelter to provide a total of 75 beds and services to homeless men; and 4) A variety of local park, bikeway and pedestrian infrastructure improvements to promote livable, "complete" neighborhoods. The Housing Element Annual Progress Report includes a summary of Santa Ana's progress in meeting its share of the Regional Housing Needs Allocation (RHNA). There have been a total of 302 new housing units constructed to date in 2016; contributing to the City meeting approximately 58 percent of the overall target for Santa Ana's 405 RHNA units for the planning period of 2014 through 2021. Presently, the RHNA process does not allow for housing unit credit for new emergency housing shelters to address homelessness. City staff will be working with both the Southern California Association of Governments (SCAG) staff and State Housing and Community Development (HCD) for consideration of homeless shelters to be counted to achieving the RHNA allocation. 19E -1 City of Santa Ana General Plan Housing Element Annual Progress Report March 7, 2017 Page 2 Progress Towards 2014 -2021 RHNA Goal Income RHNA allocation New Housing Units 2014 New Housing Units 2015 New Housing Units 2016 Total RHNA Housing units by Income Total Remaining RHNA by Income Levels Very Low 156 20 0 0 20 136 Low 122 20 0 12 32 90 Moderate 37 0 11 5 16 21 Above Mod. 90 241 127 285 653 0 Total: 405 281 138 303 141 based on building permits trnauzed The Housing Element Annual Progress Reports are due to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research in April of each year, particularly if a charter city's housing element identifies the Acquisition and Rehabilitation of existing housing to meet RHNA for the construction of new housing. In addition, the Housing Element Annual Progress Report is required to be eligible for certain State funding programs such as the Housing Related Parks Program (HRP). Per Government Code 65400, the report is to be considered at a public meeting before the legislative body where members of the public may provide testimony and written comments. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy B (ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria to provide a minimum of 15 percent affordable units). FISCAL IMPACT There is no fiscal impact associated with this item. Hassan Hagllfani, A CP Executive Director Planning and Building Agency MM:rb M:\ HOUSING \RHNA\AnnualReport\2016 \RFCAMarch 7.16.docx Exhibit: 1. General Plan Housing Element Annual Progress Report 19E -2 City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT REPORT PROGRESS Submitted by Planning and Building Agency April 1, 2017 EXHIBIT 1 19E -3 19E -4 City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT (2016) lid 3 4 =1103aK +]P110:40k &? Contact Information II. Progress Report: Attachment 1 • Table A: Annual Building Activity Report- Low -, and Very Low - Income Units and Mixed - Income Multifamily Projects • Table A2: Annual Building Activity Report - Summary for Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65883.1(c) (1) • Table A3: Annual Building Activity Report Summary for Moderate - and Above Moderate - Income Units • Table B: Regional Housing Needs Allocation Progress • Table C: Program Implementation Status 19E -5 19E -6 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages �r ��g► M . 1. PLANNING & BUILDING AGENCY 20 Civic Center Plaza P.O. Box 1988 s Santa Ana, California 92702 www.santa-ana.org/pba Department of Housing and Community Development ACTING CITY MANAGER Gerardo Monet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hull -1PLHL1te 4 1: Loll & 91a lei 414:4Jd:4.ri:2 ;Tole]L74*7111:14:Z0] Z74 0 CONTACT INFORMATION City or County Name: City of Santa Ana Mailing Address: 20 Civic Center Plaza, Santa Ana, CA 92701 Report Contact Person: Candida Neal Title: Planning Manager Phone: (714) 667 -2728 FAX: (714) 973 -1461 E -mail: cnealna-santa- ana.org Reporting Period by Calendar Year: from Jan. 1, 2016 to Dec. 31, 2016 SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose Solorio P. David Benavides Juan Villages Sal Dralero Mayor Mayor Pro Tom, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 �. lido@Santa-ana.ol0 nJnlaunezAsant"naolp ySarnlenle(Q6anta -arli 34t:7 dben yldea(oZsanta- arla.erA L Ma- ana.OrO ?ga -_l1c atn9eron0aand- amore 19E -8 � 0 § § % w ( m uj g � ) « § ) (/ \� k/ (\ \ } \k \0 &! k] j{ «m kk§ {I !£ }0 §} \� 19E-9 6 § E- \ () \) \ \) \ \\ \�\ \ }k \\ !\ .75 ))! \) tj ! ;! - k)) lb \ \ }\ \ \� }8 , « . 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L U�m o a U °U o aO- o ° ° a°i3 oac E17 mmEm o yo. f a w o o o @ N f °p'G m mL �N N G G$ H �3 n� IL-U QSU EQ pG • • • • e • • • s W C a r O a> O1 U U U� G =dl G c¢ O x o @ a @ c a o UJ c W ® N G U�U� a D UQ a0 UQ m 0 W oo E @ m ta N n =0 uj V t5 ? 4 c .N p_ O n.G m d G N C C L K C E m > '� N m E an d No' w m (V 'o c �' (Q O) ors c ` o E N O End8 o� ''off 3 E -o a o vo, E m o N" 8i w° m o N L g tt°o Y o o�' a c° °, UJ s E C E E 60 N p �( 1p O d N O y O-E O L w G U 8 d O L O G "° U ti V W a C c x @ q l a U D 7 w q � D A C 4 Lo 19E -30 Z J V z O x z 2 Q w z w u FQ" z LL O i d N E mQ °E 0 0 0¢ m w xxmE �Kw U LL V J d R� U d ¢ °aranad� 0 Q E 3 O }g co c o d d LL p] wU"d E o 2 c N d ° o O L 9 2 a °�rn`o `o C=JU Ox 9Ex°z = w o LL o o M 0 N UJ LL O 0=J W x Z 19E -31 LL O iy V a T L E o r m E £ E c m m c_ o C) q-= N C U L N a N E C LmmE oQ T y d E ° L Q Z m -2' y c U Ecnt<o��e _ 75 E ° ° ui .coCc 8 T O ry C G .R W N N U C g N N O-O a o A N N N > T (� 0 6 C G N 8 E N N c o o E c m o m a O .�m�oa.o� mVoo N,a E Q `o O cn d w E V Q uj m CC m Wf c m � Q 9 t It c U m 07 6 W T N w v Ui E w LU E < ® o c U Z N y L a `o 3 O 0 O G O E C O y O � O � C O O Icz L O O C W O 6(7 E a E O v ° a 0 p U � m S 2 Ow, m -o a� o V a✓ F. m ti O �E d N E mQ °E 0 0 0¢ m w xxmE �Kw U LL V J d R� U d ¢ °aranad� 0 Q E 3 O }g co c o d d LL p] wU"d E o 2 c N d ° o O L 9 2 a °�rn`o `o C=JU Ox 9Ex°z = w o LL o o M 0 N UJ LL O 0=J W x Z 19E -31 19E -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1342-007WAN ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Approve the request for the destruction of obsolete records from the Clerk of the Council Office in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013 -014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 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. Memo Request for Destruction of Records 19F -1 19F -2 To: From Subject: Sonia R. Carvalho, City Attorney Date: February 17, 2017 Maria D. Huizar. Clerk of the Council REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council requests your approval to destroy City records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2013 -014. Thank you. Attachments: Clerk of the Council Destruction Schedule February 2017 IRECOROS, RETENTION$ DESTRUCTIONICLERK 2017WEM0 DEPT RECORDS OESTR_REOUES11FF 37- 2017.DOC 19F -4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL OFFICE FEBRUARY 2017 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE RETENTION PERIOD REMARKS CUSTODIAN AGREEMENT City Council - Original contracts and Agreement T + 4 Years CCP 337.2, COTC (AGMT) Approved (A- agreements and back -up Date 343; GC Series materials. Includes *2011 34090 leases, equipment, services, licenses or supplies, services /maintenance, medical, dental and long- term disability contracts ; may contain attachments such as deeds, insurance certificates, and RFCAs AGREEMENT City Manager - Up to $25, 000 - Original Agreement T + 4 Years CCP 337.2, COTC (AGMT) Approved (N- contracts and agreements and Date 343; GC Series) back -up materials. Includes *2011 34090 leases, equipment, services, licenses or supplies, serviceslmaintenence, medical, dental and long -term disability contracts ; may contain attachments such as deeds, insurance certificates, and RFCAs *Department Destruction Authorization Year 2011 PREPARED BY: c��a�xlca 02/9'/x' Norma Mitre Date Sr. Deputy Clerk of the Council RECORDS DESTROYED: Number of Boxes : CONSENT BY: Marian Huizar Date Clerk of the Council APPROVED BY: Sonia R. 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OC Z -A m o� w G) 90 O cn m 0 ro �O o(Zj� 0 Z N DN O N m No 0 O N A N O p omm Z D cn �> m NTC ro mm °O Z O co Z 0 a '' rn rn rn m rn m 5 o 0 0 o w w w w w w 6 N N N N N N co co m co co m 0 m rn rn rn m rn m ao m m N 3 c N o. 0 c m 0 T N o m c mo a om w v 19F -46 D m m z C E W m M D E 3 m x 0 m to C M 0 A 1 O z 0 m N 0 O O z 0 (A 1a> m0 O z z O m F Q 7 v o ° N a z ° O a F•�= w c °�a o aDi w N a z E O y U W 5- N W y m ❑ 'O O qx W 9 ° D 0 O and Q6 N C yNC N M C N N Q O ° 1�0 L 0 � O y Z 9 C m 0❑ LU E U W �U c y Of ix m zF « N O L Z F- Q to N m W Q 7 co O N p7 (n M y N >Uo C E a E v � v � N m c W.0 � W O y ca O N � ° N 0 3 z Z � v - « 'v b d U w dQ I I aU 0 a« 0 0 F- v C y r O N W C >- = a g W m 0 W a W Q Q J O Z N m 9 0 N z N N « 19F -47 19F -48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR FEBRUARY 2017 (STRATEGIC PLAN NO. 5, 1) CI Y MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended E As Amended © Ordinance on 1 at Reading E Ordinance on 2nd Reading E Implementing Resolution 7 Set Public Hearing For CONTINUED TO FILE NUMBER The February 2017 Capital Improvement Program Executive Summary Schedule (Exhibit 1) 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 project. 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. IV ), -,- rreld Mousavipour Executive Director Public Works Agency FM:lo Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19G -1 19G -2 x W c f, a p F'. 0 °az ° na a£ W e J £ W x •• O � � S a W d {I� a Qo20A a c z E zo o' a a Lb L d d d u d o •''• ••i .mi, .j v N Y E v y s a s o to; E a V .1 a g 5 � v n E E S n E «C m E u FJF eFr; R v tEL n 3 S —&'m " «� < zG ° os ^ x > � iz.a .� ,u + d E m v i m °o a� S .°c E ' c = y ,o o° E . q a u Nt 3 ry s `m m u i ¢ u P o. � Eo E a3 E v no E Pm a°+ m�. y $ �°. u «9 ••e � mood E= ECim "k, o°�' ud ° a a >m c «^ i r M =auu E ER a= « c s s a E f� 6 d O y O LQ Y@ a y L K li Z C 3 N q PQ C is 6\ m P@ V Q �. C m 0 4 3 0 m 2. ° 4 O E V V E d C ' m° = o a u g v O S2 a i E ° 9:9. v¢m � 37O� dy` 3i�9u� i = a u p n a E 9 6 7 a F ° I°ate ° x O o< 1 2Z O aF 1 F'' 9 CIO m d C E i S 14)� € x p 3 N 6 m c in t e O i O O$ in L •-. ° C x� C E J E Y v m_ •• E u° 2 ° rc m 9 c 9$ o io N E _$ E n C c ti ° d Y d E C L q O C EC C pp > •� N V N •C O 5 E V E N Y E E E E °s = m d a E '� 3 c `o `o E d e c 3 umm`mumLL3 53uui$i7�m`'s >'9¢°K 3.�+mbsLi l`N`nu�aLR uQi °° w w W e .m. N E N vgss nLL V � x C � v Y 0 3 a 3x' E ❑ m o 'a a N V' c 6 O CIO m d C E « d Z E� ax A u m z ngryg�Ag °ory $ S� Y o Y Y Y Q 2 e 5 E 5 s S a a a �� a x• �££ b � n s` S 6 pn N m n u d u m u 3 u v m u u n m u d v d n n u u m n u u u u n n d m u a6 i S 14)� € x p 3 N 6 m c in t e O i O O$ in L •-. ° C x� C E J E Y v m_ •• E u° 2 ° rc m 9 c 9$ o io N E _$ E n C c ti ° d Y d E C L q O C EC C pp > •� N V N •C O 5 E V E N Y E E E E °s = m d a E '� 3 c `o `o E d e c 3 umm`mumLL3 53uui$i7�m`'s >'9¢°K 3.�+mbsLi l`N`nu�aLR uQi °° w w W e .m. N E N vgss nLL V � x C � v Y 0 3 a 3x' E ❑ m o 'a a N V' c 6 19G -5 -a of °o J q. 9 r� 0 $z 0 a pa o� LU a W aLL = 8 d V Q ° �l in n 0 r4 * $ Will 11 1 -11 ._- Q O Z F N E $ z O Owm .... .... ....._ .._ .._.. _ esa e�_3�s W� a �; �a�g„ _sWeWsW33�gsge��g�ges � � u ;ssaasa asaaas��saaasasaas a��a ash a a O V E Z i a E bw t.mn c'c aa�o: $'� N..9f i a om.i �Ti °ffi •N^iu I'm $ IS m u o g` 5 a z o N e 'm E °g a ° c » Eg.cu. $ n w E o p° n d a E m a u V y v F' rd m °p" o u °i$z3rcf iMg`m ix °e 3S3iu3�o °SR m °�/�> i i orc rcm`6 6� o. U , 19G -5 n a � a g E 0 0 S� o c< aE vg W ¢ b J F, V E H o I Q mmw� co L6 ,i apx% r v .0 z $ r I Q; CL Zi q w w w w w Z Q v uYl %i �i5 w ai Iyil u 'u u P � n� IIIHMH a�= J Q a': V 0 8g °o E00 3 «'^ NL E V v Y E.°.��a zg timeN c$ n $ n n m i a S ` a 4 �.«o.� cN_9N >NiNt? c f inm � m '�q` �' i y y °— m a w O 6 Y 6 y w 6 LL N A G n C n ya EN Vl0 c IZ, u 2M.ni m`�� V' Ns W n °iNgO am m` V'3 L'iS REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: ADDRESSING MAINTENANCE, ENHANCING SERVICE PROGRAM UPDATE {STRATEGIC PLAN NO. 5, 11 CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0:21:1100111A r; ❑ As Recommended ❑ As Amended ❑ Ordinance on l®i Reading ❑ Ordinance on 2"0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Addressing Maintenance, Enhancing Service Program Update. DISCUSSION On October 20, 2015, the Mayor and City Council adopted the FY 2014 -15 Budget Surplus Allocation Plan and authorized $11.25 million to various projects for one -time improvements /replacements. To limit confusion with other budgetary items, this plan is now called "Addressing Maintenance, Enhancing Service" (AMES). The attached report provides an itemized listing that includes estimated costs, updates, timelines for completion, and the responsible department (Exhibit 1). 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. Addressing Maintenance, Enhancing Service Program Update 19H -1 19H -2 19H -3 An order for street Furniture, including movable chairs, to bles, and CDA Placeir ing $100,000 umbrellas has been placed. Additionally, funds have been committed to on Tack ]/1/201] support the Willits- Sullivan Art Project. Staff are In the process of Identifying additional plaremaking projects to fund. $99,750 was allocated to the County of Orange to extend the Emergency Armory Shelter for 21 days. $90,000 was allocated for a contract with City Net, contingent on additions) funding from the Con my of Ora nge, that was to be considered on 10/25/2016. On 9/27/2016, the County of Orange COA Homeless $400,000 approved an agreement for $300,000 with City Net independent of the Cry On Track 6/30/2017 of Santa Ana, $300,250 remalnete be allocated for the best use to reduce homelessness In the Civic Center. The remaining funds are being considered to fund law enforcement for the Civic Center Safety and Security Enhancement Program, pending City Council action or direction. North Star has completed the Research phase of the project They received 609 surveys and are currently cor lling all ofthe data. Atargetdateof early April 2017 has been Identified for a presentation to the Santa Ana City Con ncll of the research gathered and North Star's Insights and recommended strategic position Ing for the Santa Ana brand. An online PDA Bantling $200,000 preview of the research and strategy will be made a few days In advance to On Track ]/31/201] a small grou F. The Creative and Action Plan phases of the project will follow - the approval of the strategic positioning, The Creative a ad Action Plan phases of the project typically race Ire about 3 months, but because It Involves the evaluation of creative elements, It Is hard to predict an exact and data North Star's expectation for completion is July /August 2017. Fund has been established and reflected In FY 14 -15 CAFR FMSA Pension Stability Fund $500,000 Notes /Financial Statements; an irrevocable trust has been Completed 6/30/2016 established with an agency and the Cl 's funds is deposited, FMSA Police Departmentlail! Facility $150,000 Fine I RFP was Issued 8/30/16. RFCA IS Scheduled for 03 /21/1], Renovations Negotiated contract is on hold. On Track TRIO Jerome Gym Center. Jerome Center- The Jerome Center Gym's sound panel project has been completed 8/25/16 as of 8/25/2016, Completed FMSA Jerome Center Gym & Southwest $50,000 Senior Center. Facility Renovations The Southwest Senior Ce men Facility Renovations for exterior a nd Southwest interior painting have been completed as of 0l /12/ 1]. Southwest Senor i SenlorCenter- Center - Completed 01 01/12/17 Finance met with Software vendors In February and March to Budgeting explore available products, The RFP is expected to be released in Budgeting application Application - Febrary/ March, with an RFCA presented between April and May -On Track 611 /2017 FMSA Financial Budgeting Application $400,000 2017' Purchase of the software is scheduled for June 1, 2017. An agreement with GovInvest was signed on 09/07/16. The software allows the Finance Department to make Investment assumptions for Govinves[- GovinvesP the unfunded lla blllty pension, Completed 09/30/2016 Corbin Center Corbin Center Building Maintenance has completed In Obtaining commodes. Commodes- Commodes - Corbin Center Improvements- 05/03/2016 FMSA oom Renovation &Fadll[y $50,000 Completed The Corbin Center Renovations for exterior and Interior painting has improvements Improvements been completed as of 01/12117. Corbin Center- Corbin Center Painting - Completed PaIr ing- 01 12 1] Roof The roof restoration was completed on 5/3/2016. Roof Restoration- Restoration - Corporate Yard; Roof Restoration & Completed 5/03/2016 FMSA Facility Renovations $650,000 The project to replace/ upgrade the WaterWlse car wash station was completed on 01 /13/1]. Wakery Car Wash Water -Wise Car - mp Completed Wash - 01113/17 Project specifications have been completed and concurrence has Chiller Replacement- Cal State been received from Cal State Fullerton In Implementing the plan in FMSA Fu l later 2nd 5t. Promenade $450,000 replacing the equipment; RFCA to award project was completed On Track 2/21/2017 April 2016. PO was Issued 06/21/16. Project scheduled for completion 02/21/17. FMSA City Hall Facility and Safety $155,000 Building Maintenance issued an PUFF On 8/17/2016, The estimated On Track 3/31/201] Renovations completion date is 033117. 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 35 vehicles in the amount ofapproxlmately $1M. 2 CSI Works, Finance, Planning and vehicles were purchased in October 2015, 10 PD motorcycles in On Track FMSA $1,300,000 March 2016,13 mid -sized trucks in May 2016,] SUV interceptor (35 purchased to 6/30/2017 Building, Parks & Recreation -44 Vehicles patrol vehicles in May 2016, and 2 electric utility trucks are date) scheduled to be purchased in February 2017. FMSA Newhope Library -HVAC Project $40,000 The project to replace HVAC Condenser at the Newhope Library was Completed 1/13/2017 cam eleted on 01/31/17. IT Planning& Bending Permitting $300,000 C rrdiwting with PBA stallto further evaluate necessary On Track 12/31/2017 A Iloatlon software /a lication,options, Network, Data Centers and Multiple projects: Identifying high - priority network equipment requlring IT Servers /Software, Communications $1,065,000 replacement, determining strategyto reduce data center disaster risk, On Track 10/31/201] Upgrade expanding storage and server capabllln ,and enhancing telecommunications 19H -3 PWA Improvements $312,400 Finalizing purchases: Developing Mobility Guidelines, policies and forms. Completed 11/1/2015 IT Equipment Upgrades- Developed inventory mobility Inventory management system. In process of IT Computers /laptops, mobile $273,600 standardizing PC hardware to develop specifications, Identifying equipment On Track 3/31/2017 technology, phones d spedflcatlonsofecanners. Developing requirements and criteria for PC Service Desk platform tool for Improved support and management ofall IT equipment assets PWA G15 System Development $125,000 Staff released an RFP for technical consultants and studies as par of the General Rescheduled late March 201] Plan update, RFP approved by City Coundl In December 2016. RFp consultant seclusion and Interviews In progress. General Plan Advisory Group(GPAG) PEA General Plan $1,000,000 contact established and first GPAG kickoff meeting held Cllyoffecta Ana On Track 7/1/2018 warded the STAG Sentalnablllty Land Use Envisioning Grant and will affect timing of RFP /Interview process. Future ll will require SCAG coordlnatlnon. iodate, there has been $110,250 In total expenditures. Staff is working with two consulting firms to prepare respective technical studies for traffic and for air quality /greanhouse gas emissions. A third consulting firm .III providea parking study, the agreement Is In the final stages of being signed. The technical studies will assist with preparation of the required environmental PEA Metro East Expansion $100,000 document for extending the Metro East overlay district along First Street toward On Track 10/112017 Grand Avenue to facilitate construction of additional housing and mixed -use development projects. To date, there have been expenditures from the $ 100,000 allocation as staff time is being billed to air quality funds In a exparately. approved account. An RFP was Issued and the evaluatlon has been completed. PD staff Is PD Bad Cameras Y $330,000 cu frankly finalizing the agreementecope. PD staff anticipates brining the On -Tack 6/30/201] agreementto Council In Mamhor AprI12017, with Implementation commencing after execution ofthe agreement. The transfer of funds to IPA was completed In 15/16. Recaulkingofthe Plaza of the Flags and Plaza ofthe Fountains has been completed. Design PRLSA CIVIC CenterJPA - perceptions $419,000 work of the Superblock Llfl Stations and ADA Access Renovations are with On Track 6/30/2018 PWA. Funding will be carried over from 16 /17 to 17/18 to complete the Projects. Contract was awarded forthe purchase and Installation ofthe equipment PRLSA Sualago Playground Equipment $230,000 on August 16, 2016. Equipment as been ordered and Installation is On Track 3/0/201] scheduled for February 3, 2017 and expected to be completed by March 8, 01]. An RFP was Issued to find a contractor to Complete the renovations. The PRLSA Angel Reatmore Renovations $50,000 contract is scheduled to be awarded on February ], 2017 and completed by On Track 6/30/2017 5u he 30 2017 In Progress PWA 3ALTO Deferred Maintenance - hVAC $650,000 This project was held perthe City Manager's Office. Updake:Thae funds Meeting with City Replacement have been repumeedto deferred maintenance: Currently defining scope Manager schedu led for TBD oftlre project 2/3/17 PWA Security I hting at Various Parks $540,000 Council Awe rd scheduled for 9 1 On Track 4 /1 /2D17 PWA I DYSC Field 02Synthetic Turf $640,000 Project completed. I Completed 8/31/2016 Santiago Bike Trail PWA Santago BikeTrail Resurfacing Project/Bomo goal Sidewalk /Walkway$220,000 Santiago Bike IIa ll Resurfacing is currently being adve rtlsedBomo Koral On -Track -2/28/201] BomaKOral- Renovatlon Santiag/Walkay Renovation la onschedule Second Ought PWA Improvements $312,400 Project Completed. Completed 11/1/2015 Project camblead with GIS System Development Needs assessment PWA Asset Ma nagement $300,000 document complete, System Design beau donation in final review stage. Rescheduled Late March 201] Due to the cage In vendor project management staffing the project has been slightly delayed, Project combined with Asset Management system development Needs PWA G15 System Development $125,000 assessment document complete, System Design documentation in final Rescheduled late March 201] reviewstage. Due to change In vendor project management staffing the project has been slightly delayed. PWA Calls Craft. street signs and Plaza Celle Customs 51 nag¢ $25,000 Project completed. Completed 2/1/2017 EXHIBIT 1 19H -4 Update: At# March 7. 2017 e Cuatro Street Signs EXHIBIT 1 19H -5 erome Center Renovations Boxing Room (East) Boxing Room (North) erome Center Renovations Boxing Room (South) Boxing Room (West) EXHIBIT 1 19H -6 erome Center Renovations Exercise Room (East) Exercise Room (North) erome Center Renovations Exercise Room (South) Exercise Room (West) EXHIBIT 1 19H -7 erome Center Renovations Gym (North) Gym (South) erome Center Renovations Main Office EXHIBIT 1 4 19H -8 outhwest Senior Center Before After uthwest Senior Center Before After EXHIBIT 1 19H -9 outhwest Senior Center Before After uthwest Senior Center Before After EXHIBIT 1 19H -10 Southwest Senior Center Before After - uthwest Senior Center Before After EXHIBIT 1 19H -11 Corporate Yard Roof Restoration Corporate Yard Roof Restoration Roof Restoration Roof Restoration EXHIBIT 1 19H -12 Grand Central Art Center EXHIBIT 1 19H -13 Cooling Tower Salvad ®r Center HVAC Security Enclosure HVAC Security Enclosure Replacement Animal Control Vehicle Fleet Vehicle EXHIBIT 1 10 19H -14 eet Replacement SAPID Interceptor SUV SAPD Motorcycle ewhope Library HVAC Condenser HVAC Condenser EXHIBIT 1 19H -15 11 Ana Police Departmen Body -Worn Cameras Body -Worn Cameras EXHIBIT 1 19H -16 12 Civic Center Renovations Before After Civic Center Renovations Water Fountain Pump Replacement EXHIBIT 1 19H -17 13 tiago Park Playground Replacement Angels Park Restroom Renovations EXHIBIT 1 19H -18 14 Lighting Bomo Koral park Dan Young Soccer Field Turf Replacement EXHIBIT 1 19H -19 15 Sample Dashboard ............ d+w -- - ------------ ---- M 1 M nnis Court Resurfacing EXHIBIT 1 19H-20 16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: BUDGET CALENDAR UPDATE FOR FISCAL YEAR 2017 -18 (STRATEGIC PLAN NO. 4, 1) A- ------ - 1:2 CITY MA GER s' RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -:• e ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Budget Calendar update for fiscal year 2017 -2018. DISCUSSION On December 20, 2016, the City Council approved the Budget Calendar (Calendar) for Fiscal Year 2017 -18. Included in the Calendar was a proposed schedule of community budget meetings. The updated Calendar (Exhibit 1) contains a variety of updates including the Mid -Year Review presentation at the February 21, 2017 City Council meeting. Additionally, in continuing to provide budget updates and enhancement of community engagement, the City Manager's Office recommends to conduct thirteen community budget meetings (including the Sunshine Ordinance). The Calendar reflects the location of these meetings along with the inclusion of a preliminary presentation of the Fiscal Year 2017 -18 Capital Improvement Plan to the Planning Commission in April 2017. Upon completion of the recommended action, the Calendar will be posted and available on the City's website. STRATEGIC PLAN ALGINMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1, (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBIT: 1. FY 2017 -2018 Budget Calendar update 191 -1 191 -2 0 City of Santa Ana FY 2017 -18 Budget Calendar Update December 20, 2016 Approved FY 2017 -18 Budget Calendar January 2017 Commenced negotiations with bargaining units February 21, 2017 Presented Mid -Year Budget Review at City Council meeting March 7, 2017 Receive and file FY 2017 -18 Budget Calendar update March /April 2017 . Community Budget Outreach Meetings ➢ March 15 - Madison Elementary School ➢ March 16 - Santa Ana Public Library ➢ March 20 - Salgado Community Center ➢ March 22 - Santa Ana Senior Center ➢ March 23 - Segerstrom High School ➢ March 28 —City Council Chambers Sunshine Ordinance Meeting ➢ March 29 - Delhi Center ➢ March 30 - Santa Ana Memorial Center ➢ April 5 - Santa Ana Lawn Bowling Center ➢ April 6 - Southwest Senior Center ➢ April 10 - El Salvador Center ➢ Centennial Reservations Office* ➢ McFadden Intermediate School* *To Be Determined April 2017 Preliminary Capital Improvement Program (CIP) to Planning Commission May 2, 2017 Preliminary FY 16 -17 Budget Status (31d Quarter Update) General Fund One -Year Forecast (FY 17 -18) and Four Year Projections • Present City Manager's General Fund Trial Budget • Preliminary CIP includes Water & Sewer to City Council May 16, 2017 City Manager's Proposed FY 17 -18 Budget Work -Study Session Includes CIP, Miscellaneous Fees, and Personnel Resolution June 6, 2017 Tentative Budget/CIP Ordinance Adoption Adopt Miscellaneous Fees, and Personnel Resolution June 19, 2017 City Council one -on -one meetings — Review of Proposed Budget and CIP June 20, 2017 Final Budget/CIP Ordinance Adoption July 1, 2017 Start of the New Fiscal Year Subject to change. EXHIBIT 1 191 -3 191 -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: UPDATE ON THE RESTRUCTURED CITY COUNCIL COMMITTEES AND SCHEDULES (STRATEGIC PLAN NO. 5, 1) z CITYKANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• 16 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ne Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file and amend as needed at the pleasure of the City Council. DISCUSSION The City Council first established Council Committees in 1999 to ensure that diverse issues and challenges facing the City are adequately addressed. At the February 7, 2017 City Council Meeting the matter was agendized and based on City Council feedback, the following Council Committees were proposed: 1. Community Services Committee (and Joint Santa Ana Unified School District and City Council Committee) 2. Economic Development, Infrastructure, and Technology Committee 3. Legislative Affairs, Ethics and Transparency Committee 4. Public Safety, Code Enforcement, & Neighborhood Empowerment Committee Thereafter, the Mayor and Council provided feedback on the Council Committees they were willing and available to join. Also, a Budget category was added to the Economic Development, Infrastructure & Technology Committee. Each Council Committee had three members, except for the Legislative Affairs, Ethics and Transparency Committee, which has one two members. Council Committees may operate with a minimum of two members and maximum of three members. During the first Council Committee Meeting, the Councilmembers will select a Chair and Vice Chair, either confirm the current meeting schedule or revise as needed, and review the bylaws. The meeting schedule, once confirmed, will be posted on the City's website at: http: / /www. ci.santa -ana. ca. us/ documents /council_meeting_calendar. pdf. 19J -1 Update on the Restructured City Council Committees and Schedules March 7, 2017 Page 2 The following table identifies the members for each Council Committee, the lead agency, meeting schedule, and tentative first meeting date: Note: *Joint SAUSD Council Committee to meet twice a year in April and October 19J-2 LEAD MEETING TENTATIVE COMMITTEE DATE Community 1. Benavides Parks, Quarterly Services (and Joint 2. Villegas Recreation Jan., April, July, Oct. March 27, 2017 Santa Ana Unified 3. Solorio and 5:00 p.m. School District and Community 4th Monday, 5:30 p.m. City Council Services Committee)* Economic 1. Sarmiento Community Every other Month Development, 2. Benavides Development Jan., Mar., May, July, March 13, 2017 Infrastructure, 3. Martinez Sept., Nov. 5:00 P.M. Budget and Advisory: Technology • Public Works 2 1d Monday, 5:30 p.m. • Finance • Information Technology • Planning Legislative Affairs, 1. Tinajero City Quarterly Ethics and 2. Sarmiento Manager's Mar., June, Sept., March 22, 2017 Transparency Office Dec. 12:00 noon Advisory: 4th Wednesday, 12 • Clerk of the noon Council • City Attorney Public Safety, 1. Villegas Police Every other Month Code Enforcement 2. Tinajero Department Jan., Mar., May, July, March 14, 2017 & Neighborhood 3. Solorio Sept., Nov. 5:30 p.m. Empowerment Advisory: • Planning 4th Tuesday, 5:30 p.m. Note: *Joint SAUSD Council Committee to meet twice a year in April and October 19J-2 Update on the Restructured City Council Committees and Schedules March 7, 2017 Page 3 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 inform 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. 19J-3 19J-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL. MEETING DATE: MARCH 7, 2017 TITLE; APPROPRIATION ADJUSTMENT ACCEPTING 2016 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLANCE, DATING VIOLENCE, AND STALKING GRANT PROGRAM FUNDS {STRATEGIC PLAN NO. 1, 313} CITY OANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ,...• E E-1 As Recommended LZ1 As Amended © Ordinance on I6� Reeding L� Ordinance on 2 I Reeding ® Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting $136,036.80 in the Human Options Grant revenue account (no. 12714002 52001) and appropriate same in the Human Options Grant expenditure account (no. 12714406 61040). DISCUSSION The United States Department of Justice Office on Violence Against Women solicited grant applications for the Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking grant program, which implements certain provisions of the Federal Violence Against Women Act. The program enhances victim safety and offender accountability in cases of sexual assault, domestic violence, dating violence, and stalking by encouraging jurisdictions to implement pro- arrest policies as an effective intervention that is part of a coordinated community response. An integral component of the Improving Criminal Justice Responses program is the creation and enhancement of collaborative partnerships between criminal justice agencies, victim services providers, and community organizations, which respond to sexual assault, domestic violence, dating violence and stalking. In response to this available funding, Human Options and Santa Ana Police Department entered into the attached memorandum of understanding, which was a requirement of the grant application. Human Options submitted the grant application to the United States Department of Justice Office on Violence Against Women and was awarded $450,000. The memorandum of understanding designated Human Options, Inc. as the lead agency for this program, and names the Santa Ana Police Department as the criminal justice agency partner to investigate domestic violence cases. The Santa Ana Police Department was awarded $136,036.80 to fund detective overtime. 20A -1 Agreement with Human Options, Inc. February 21, 2017 Page 2 Police Department, will investigate domestic violence cases, update cases in the Police Department's case tracking system, and assist with the creation of a mobile domestic violence response team comprised of a Human Options domestic violence advocate and a Santa Ana Special Crimes Detective. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will recognize $136,036.80 in the OVW -Impr Criminal Justice Resp. revenue account (no. 12714002 52001) and appropriate same in the OVW- Impr Criminal Justice Resp, expenditure account (no. 12714406 61040) for the following fiscal years: FY 2016 -17 FY 2017 -18 FY 2018 -19 FY 2019 -20 Total i Carlos Rojas Chief of Police Santa Ana Police Department $22,190.40 $42,491.40 $56,440.80 $14,914.20 $136,036.80 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez W Executive Director Finance & Mgmt. Services Agency EXHIBIT: 1. Memorandum of Understanding 20A -2 N- 2016 -028 tBPCt, �.�. °116 MEMORANDUM OF UNDERSTANDING BETWEEN Human Options Inc and the City of Santa Ana WHEREAS, Human Options, Inc. (Human Options), a nonprofit domestic violence victim services program and The City of Santa Ana, a California Municipal Corporation have come together to collaborate on the 2016 hnproving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program (OVW -2016- 9206). WHEREAS, the partners listed above have agreed to enter into a Memorandum of Understanding ( "MOU ") in which Human Options, Inc. will be the lead agency and named applicant and the other agency will be a partner in this application. WHEREAS, the partners herein agree to be collectively referred to as the "Coordinated Domestic Violence Response Coalition" (CDVRC) and desire to enter into a Memorandum of Understanding setting forth the services to be provided by the collaborative; and WHEREAS, the application prepared and approved by the collaboration through its partners is to be submitted to the Office on Violence Against Women on or before March 3, 2016. . The parties therefore agree as follows that this Memorandum of Understanding ( "MOU ") stands as evidence that Human Options, Inc. (Human Options) and The City of Santa Ana, in this collaborative have consulted and coordinated in a meaningful way and intend to work together as partners in an integrated service agreement to develop and deliver services to strengthen legal advocacy services to victims of domestic violence, dating violence, and elder abuse and to develop and promote policies that enhance best practices for responding to the crimes of domestic violence, dating violence, and elder abuse as set forth in the Grant Program, The Grant Program's purpose is to address Improvement in the Responses by Criminal Justice Systems (OV W -2016- 9206). 1. Description and History of Partners. Clearly identify the partners and provide a brief history of the collaborative relationship among those partners, including when and under what circumstances the relationship began and when each partner entered into the relationship. Human Options (Lead Agency) is a nonprofit that has been offering comprehensive services to victims of domestic violence for over 34 years. Its mission is to provide safe haven and life changing programs to help abused women, their children and families rebuild their lives — and work with the conuvunity to break the cycle of violence. Human Options has evolved from a small grassroots organization into a large, multi- service program with a full continuum of programs that address the specific needs of abused adults and children, Services include the Residential Shelter Program that provides adults and children with a safe, supportive place that gives them the tools to begin reclaiming their lives. The community based Center for Children and Families (CCF) provides a safety net and support services to individuals who are not ready to enter a residential program but are trying to break the cycle of violence. Services at CCF are designed to reach underserved clients with limited access to resources and offices are also located in five Family Resource Centers throughout Orange Corurty. Seniors and older adults in need of accessible, Memorandum of Understanding Page 1 20A -3 affordable domestic violence services can obtain resources through Human Options' Safe Options for Seniors program. Lastly, Human Options' Community Education program is well -known throughout the community, offering violence prevention education/awareness presentations to community groups and business organizations since 1984. Every year Human Options provides community -based prevention, intervention and treatment services to over 1,400 children/families each year, answers over 4,000 emergency hotline calls, and provides community education programming to over 6,000 students and community members. Human Options is the only domestic violence service provider in the City of Santa Ana. The City of Santa Ana. Founded in 1869, Santa Ana is located in Southern California adjacent to the Santa Ana River, within 10 miles (16 kin) from the California coast. The City is part of the Greater Los Angeles Area which, according to the U.S. Census Bureau, is the second largest metropolitan area in the U.S., with almost eighteen million people. According to the 2000 U.S. Census, of U.S. cities with more than 300,000 people, Santa Ana is the 4th -most densely populated behind New York City, San Francisco, and Chicago, and slightly denser than Boston. Santa Ana is the 5711' most populous in the nation according to a 2014 Census report and the 11th largest in the State. Moreover, Santa Ana is the 2nd largest City within Orange County occupying 27.2 square miles and serving a population of 335,264. Centrally located within Orange County, the City serves as the goverrunental center housing State and Federal Offices, County Administration, County Court functions and the Ronald Reagan Federal Courthouse within its civic center complex. The Santa Ana Police Department (SAPD) is a community-oriented department committed to delivering public safety services to the community with the utmost professionalism and integrity. The Department strives to be a leader in community policing by providing exceptional policing services that embody the spirit of community partnerships by being responsive, efficient and transparent in resolving community concerns to public safety. The organizational values of the Santa Ana Police Department are the foundation from which the policies that govern all aspects of police service delivery are derived. These values serve as a public declaration of the principles, which guide the Department and articulate its commitment to professionalism. Our values act as the guideline for the discretionary use of police powers and are the basis by which all employee actions are evaluated. Our values are reflected in every operational policy and procedure. All members are expected to uphold each value, thereby fulfilling the standards of conduct. The Santa Ana Police Department will reward conduct which best exemplifies our values and sanction behavior which is contrary to these values: • Integrity - We value adherence to the rule of law, to the Constitutions of California and of the United States, and to complete honesty. • Accountability - We value ethical decision making and accepting responsibility for our decisions and actions. • Community Participation - We value working with Santa Ana's diverse coran unvties to ensure the safety and security of our neighborhoods. • Quality Service - We value providing fair, courteous, responsive, and efficient service, equally to all people, which observes each individual's dignity and worth. Memorandum of Understanding Page 2 20A -4 The SAPD has a long history of Problem Oriented Policing. Integral to SAPD's Problem Oriented Policing philosophy is a commitment to identify underserved community members and address their needs in a proactive manner, with an eye on transformational community change. In 2014, the City of Santa Ana adopted a five year Strategic Plan, which supports addressing community needs in the area of domestic violence and sexual assault. In support of the Strategic Plan, the SAPD has made several initiatives to promote education and services to domestic violence and sexual assault victims. Each initiative involves a partnership with nonprofit, community, or government agencies. Human Options has and continues to partner with local law enforcement, Santa Ana Police Department (SAPD) through an operational agreement to provide assistance for crime victims residing in Orange County since 2004. The Santa Ana Police Department links domestic violence victims to Human Options' 24 hour emergency hotline where hotline advocates assess the client's needs and assist in provide immediate shelter or providing referrals to victims. In addition, through Human Options' role in the two local Family Resource Centers in Santa Ana, members of the SAPD attend community outreach events. Human Options is also a current recipient of Community Development Block grant funds from the City of Santa Ana. In this current fiscal year, 2015 -2016, the City of Santa Ana granted Human Options funding to educate youth and parents about teen dating violence and healthy relationships. From 2009 -2012, the City of Santa Ana additionally provided Emergency Service grant finding for Human Options' Emergency Shelter. The funds provided assisted with emergency housing needs for victims of domestic violence. Roles and Responsibilities. Clearly state the roles and responsibilities each partner will assume to ensure the success of the proposed project. Each partner agrees to participate in the "Coordinated Domestic Violence Response Coalition" (CDVRC) as outlined below. In this collaborative, Human Options, Inc. and the City of Santa Ana will each commit to the following roles and responsibilities to ensure the success of the project: • Develop and promote legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, and elder abuse in the City of Santa Ana • Strengthen legal advocacy service programs and other victim set-vices for victims of domestic violence, including strengthening assistance to victims in immigration matters • Ensure linguistically, culturally, and community relevant services are available for underserved communities or that linkages to existing services in the community are tailored to the needs of the underserved population • Have policies in place that address confidentiality, information sharing, parental consent, and mandatory reporting • Have policies that support or enhance the safety and security of children and youth who have been or are being exposed to violence including the non - abusing caregiver Memorandum of Understanding Page 3 20A -5 • Secure background checks for any adults working with ininors or vulnerable populations within organizations receiving grant funds from the collaborative partners • Commit to filly participate in data collection and program evaluation to the extent allowed by law • Indicate approval of the proposed budget • Provide information to lead agency for evaluation of the program • Report on performance measures and grant- funded activities through the timely submission of completed semi- amival progress reports As the lead agency, Human Options, Inc. will receive compensation from this grant in the amount of $313,963.20 to: • Participate in any technical assistance and capacity building activities sponsored by OVW designated technical assistance providers • Provide administrative support in order to implement grant activities • Ensure that' linguistically, culturally, and community relevant services are available • Coordinate meetings and schedules for proposed activities • Coordinate and finalize evaluation of the program • Report on performance measures and grant - funded activities through the timely submission of complete semi - annual progress reports and other grant reporting requirements As a collaborating, funded agency; Human Options, Inc. will commit to the following roles and responsibilities to ensure the success of this project: • Work in conjunction with the City of Santa Ana, Santa Ana Police Department to develop and promote policies that enhance best practices for responding to the crimes of domestic violence • Work in conjunction with the City of Santa Ana, Santa Ana, Police Department develop and deliver services to strengthen legal advocacy services to victims of domestic violence • When available, provide emergency shelter for victims of domestic violence and their children • Offer evidence -based counseling to victims • Provide non legal resources to victims • Host eight Community Forums to engage and inform potential victims about the availability of services • Co -lead enforcement trainings for patrol officers, highlighting the best practices for responding to crimes of domestic violence —18 hours in year one; 72 hours in year two and three. As a collaborating, funded agency, the City of Santa Ana will receive compensation from this grant in the amount of $136,036.80 and corrunit to the following roles and responsibilities to ensure the success of this project: Memorandum of Understanding Page 4 20A -6 • Work in conjunction with the Human Options to develop and promote policies that enhance best practices for responding to the crimes of domestic violence • Provide one Domestic Violence Detective to partner with HO advocate in the Domestic Violence Response Car program 20 days in year one; 30 days in year two, and 40 days in year three. • Co -lead enforcement trainings for patrol officers, highlighting the best practices for responding to crimes of domestic violence --18 hours in year one; 72 hours in year two and three. • Provide Domestic Violence Detective to be a participant in eight Community Forums to engage and inform potential victims about the availability of services 3. Resources. Describe the resources each partner would contribute to the project, either through time, in -kind contributions, or grant fiords (e.g. office space, project staff, and training). To offset costs, Human Options will provide staff time and salaries for one staff (Director of Residential Programs) to lead the proposed goals. Further, Human Options will provide administrative staff time to support the implementation of the project and to obtain data collection and evaluation information. Human Options will also provide Emergency Shelter housing and other services when available to victims of domestic violence. The City of Santa Ana will be able to provide an in -kind contribution, specifically office space to host a Human Options' legal advocate for in- person appointments or legal clinics for victims, and planning meetings related to the grant. 4. Partner Participation. Specify the extent of each partner's participation in developing the application. When the 2016 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program (OVW- 2016 -9206) grant opportunity was released, Human Options' leadership team identified an opportunity to deepen and strengthen the services being provided to the City of Santa Ana. Additionally, through recent planning meetings with the Santa Ana Police Department and in reviewing the City of Santa Ana's 2014 -2015 to 2018 Strategic Plan, we discovered two areas which could meet the requirements of this grant application and the City's strategic goal. It is anticipated that with the funds provided by this grant, and in conjunction with our collaborative partner, Human Options will be able to strengthen and expand services and create meaningful change in the Santa Ana communities. As the lead agency, Human Options set tip the initial meeting to review the Request for Proposal (RFP) and collaborated with the City of Santa Ana, Santa Ana Police Department to identify the two purpose areas ( #5 and 416), goals, and objectives set forth in the application. Additionally, Human Options and the City of Santa reviewed the funding levels identified in the RFP and agreed on a set amount for each respective agency /unit of local government to obtain based on services being provided. Memorandum of Understanding Page 5 20A -7 5. Commitment to Partnership. Demonstrate the commitment of each project partner to work together to achieve stated project goals. The partners agree to collaborate to develop and promote policies that enhance best practices for responding to the crimes of domestic violence, The partners further agree to collaborate and strengthen legal advocacy service programs and other victim services for victims of domestic violence, including strengthening assistance to viotims in immigration matters. Compensation for non -lead partners' contribution to this project will be provided as outlined in the attached OVW budget detail worksheet. The roles and responsibilities described above are contingent on Human Options, Inc. receiving funds requested for the project described in the OVW grant application. 6. Approval and Representatives. Indicate the approval of the proposed project budget by all signing parties. Identify the representatives of the planning and development team who will be responsible for developing and implementing project activities and describe how they will work together and with project staff. For the purpose of this project, there are two program goals (1) Strengthen legal advocacy service programs and other victim services for victims of domestic violence, and (2) Develop and promote state, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, and elder abuse. Judith Rose, Director of the Center for Children and Families at Human Options will provide grant oversight and prograrn irnplementation. David GUlanders, Director of Residential Programs at Human Options and Sara Behmerwohld, Legal Advocacy Supervisor for Human Options will lead the program and planning of program goal #1. Jessica Reynaga, Community Education Manager for Human Options will lead program goal #2. Term of MOU The tern of the Memorandum of Understanding would coincide with the grant period, anticipated to be 10/01/2016 through 09/30/2019 or until the end of the grant period as specified in the grant award. Termination This Agreement can be terminated without cause by any party with thirty days written notice to the parties. Any unused funds would be returned to the lead agency. In the event that, the lead agency Human Options is not awarded the Grant, then the MOU is terminated. Hold Harmless The partners shall indemnify, defend, and hold harrnless each other, their respective officers, agents, and employees fi-om any expense, liability, or claim for death, injury, loss, damage or expense to person or property that may arise or is claimed to have arisen pursuant to this MOU to Memorandum of Understanding Page 6 20A -8 the extent that such expenses, liability, or claim is proximately caused by any act or omission of the other, or its officers, agents, or employees, Entire A rg eetnent This Agreement constitutes the entire agreement between the parties regarding the subject matter herein, and supersedes all other agreements, oral or written, between the parties. This Agreement may only be modified in a writing signed by authorized representatives of all parties. Venue /Choice of Law This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of California, The 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. - - -- --- - - - - -- Memorandum of Understanding Page 7 20A -9 WHEREFORE, the parties have entered into this Agreement on the date 'first written above, or I3 rn�n O tions: Maricela Ri -Faust a e Chief Executive Officer Human Options, Inc. ATTEST: l —laAlr Z MARIA 1ICJIZAR, C� lerk APPROVED AS TO FORM: l 7 ",,' ONIA R.CARVAL HO, City Attorney Laura A. Rossini, Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS, City Mai gel, RECOMMENDED FOR APPROVAL: CARLOS ROJAS. Chief of Police Memorandum of Understanding Page 8 20A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: REQUEST FOR TIME EXTENSION OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FOR BRISTOL AND WARNER IMPROVEMENTS (PROJECT NOS. 1167417 136792 & 146842) (NON- GENERAL FUND) (STRATEGIC PLAN NO 6, 1G; 3, 2C) CITYMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended D As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nA Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to request a one -time, two -year time extension of Measure M2 Comprehensive Transportation Funding Program for the following projects: 1. Construction funds for Bristol Street Improvements Project, Civic Center to Washington 2. Construction funds for Bristol Street Improvements Project, Warner to St. Andrew 3. Right -of -way funds for Warner Avenue Improvements Project, Main to Oak DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that will be constructed in several phases. The project includes improvements of Bristol Street between Civic Center Drive and Washington Avenue — Phase 3A (Exhibit 1) — and Bristol Street between Warner Avenue and Saint Andrew Place — Phase 4 (Exhibit 2). Improvements include sidewalk, raised landscaped median, bike lanes, and widening the street from two to three lanes in each direction. Warner Avenue is a regionally significant arterial roadway providing east -west travel through the City (Exhibit 3). The existing conditions between Main Street and Oak Street have several unsafe features, including uncontrolled left turns, insufficient access to standards pursuant to the Americans with Disabilities Act (ADA), and no bike lanes. Substantial congestion occurs during peak periods, and it is expected that the level of service will worsen as traffic volumes increase resulting from the Tustin Legacy development currently under construction in the city of Tustin, along with other factors. Improvements include adding sidewalks, bike lanes, undergrounding 21A-1 Request for Time Extension of Measure M2 CTFP Funds for Bristol & Warner Street Improvement Projects March 7, 2017 Page 2 utilities, and widening the roadway from the existing four lanes to six lanes. In addition to the on- street, dedicated bike lanes (Class II) and ADA- compliant sidewalks, the proposal also includes a raised landscape median and a landscaped parkway buffer, both with drought tolerant plants. In accordance with Comprehensive Transportation Funding Program (CTFP) guidelines, the construction and right -of -way phases for these projects must be awarded by June 30, 2017. Staff recommends that the City Council authorize the Public Works Agency to request a one -time, two - year extension of Measure M2 CTFP funding for the following projects to avoid the grant awards from lapsing: Project Name Resolution for Funding Board of Directors Extension Application Amount Approval/ Request (Exhibit 4) Programmed Fiscal Year Bristol Street November 18, 2014 $2,485,597 April 27, 2015 Construction Improvements Res. No. 2014 -078 FY 2016 -17 FY 2019 -20 (Phase 3A) Bristol Street November 18, 2014 $5,629,845 April 27, 2015 Construction Improvements Res. No. 2014 -078 FY 2016 -17 FY 2019 -20 Phase 4) Warner Avenue November 17, 2015 $5,200,000 April 11, 2016 Right -of -Way Improvements Res. No. 2015 -063 FY 2016 -17 FY 19 -20 The Bristol Street project involves acquisition of 71 properties along the two segments. The Public Works Agency has made a diligent effort to negotiate and complete these acquisitions to meet the funding timeline. To date, the City has completed the acquisition of 52 of 71 parcels and relocation of 53 of 96 residents. Staff has continued to negotiate in good faith, but an impasse has been reached on numerous properties. The ongoing negotiations now put the schedule for award of a construction contract beyond the June 30, 2017, deadline. The Warner Avenue project received a portion of the right -of -way funding from Measure M2 CTFP for Fiscal Year 2016 -17. On December 6, 2016, the City Council adopted Resolution 2016 -090 (Exhibit 5) authorizing the Executive Director of Public Works to submit an application for the remainder of the required funding, in the amount of $12,618,000 for program Fiscal Year 2017 -18. The City will begin the right -of -way acquisition process once the necessary funding is secured in full. 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). 21A-2 Request for Time Extension of Measure M2 CTFP Funds for Bristol & Warner Street Improvement Projects March 7, 2017 Page 3 Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 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 and Washington Street and Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR were prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. On September 1 2015, City Council approved the Warner Avenue Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). FISCAL IMPACT There is no fiscal impact associated with this action. Fr d Mousavipour Executive Director Public Works Agency FM /EWG /JG /ML Exhibit 1: Location Map — Bristol Phase 3A 2: Location Map — Bristol Phase 4 3: Location Map —Warner Avenue 4: Resolution No. 2014 -078 5: Resolution No. 2016 -090 21A-3 21A-4 WASHINGTON AVE J 12TH ST. 11 TH ST. 10TH ST. 9TH ST. CIVIC CENTER EXHIBIT 1 F- w O z SANTA ANA PROJECT 13 -6792 PWA CITY COUNCIL BRISTOL STREET IMPROVEMENTS - PHASE 3A AGENDA DATE: u MARCH 07, 2017 CIVIC CENTER TO WASHINGTON STREET wx is .on<s .asxcr 21A-5 PAGE 1 OF 1 z w Q U N 21A-6 4i U LL a I T. ANDREW PL. L-aj-,ANDREWPL. CAMDEN PL. La $T ANNE PL. EANNE ST GERTRUDE PL. -- F N J O f- Cn m i a �1 =rARl Tnm Pi N GLENW000 PL. CAMDEN PL NI I c� weeY a a W > a � O p W � N 2 O ~ N O Y d EXHIBIT 2 SANTA ANA PROJECT 11 -6741 u nCITY COUNCIL BRISTOL STREET IMPROVEMENTS — PHASE 4 MARCH 07,, 2017 WARNER AVENUE TO ST. ANDREW PLACE W lc M s + Ky 21A-7 PAGE 1 OF 1 N S 21A-8 JANAHURST LPL_j SANTA ANA VMA CH 07, 2017 . c. s: K. F- 0 EXHIBIT 3 PROJECT 14 -6842 WARNER AVENUE IMPROVEMENTS MAIN STREET TO OAK STREET 21A-9 F Y Q O N 2 W Q r PAGE 1 OF 1 w a > v) F w v> J LLJ r J a[ Z a a- r Q � U SANTA ANA VMA CH 07, 2017 . c. s: K. F- 0 EXHIBIT 3 PROJECT 14 -6842 WARNER AVENUE IMPROVEMENTS MAIN STREET TO OAK STREET 21A-9 F Y Q O N 2 W Q r PAGE 1 OF 1 21A -10 RESOLUTION NO. 2014-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 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. The City of Santa Ana desires to Implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "turnback" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will provide matching funds for each project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. E. The Orange County Transportation Authority Intends to allocate funds for transportation improvement projects within the incorporated cities and the County. F. The City of Santa Ana will not use Measure M funds to supplant Developer Fees or other commitments. G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a supplement to the existing pavement management program. Section 2: The City Council of the City of Santa Ana hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City's application to the City of Santa Ana from the Comprehensive Transportation Programs. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in the improvement of the following street(s): EXHIBIT 4 Resolution No. 2014 -078 Page 1 of 3 21A -11 PROJECT Westminster Avell71h St. Traffic Signal Synchronization Main St. Traffic Signal Synchronization Bear St. Traffic Signal Synchronization Fairview Ave, Widening from Wh St, to 16th St. Bristol St Widening: Civic Center to Washington Bristol St. Widening: Warner to St. Andrew PROGRAM FY TSSP 15116 TSSP 15/16 TSSP 15116 RCP 15116 & 17118 RCP 16117 RCP 16117 Section 3: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, Including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana, Section 4: This Resolution shall take effect Immediately upon its adoptlon by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of November 2014. APPROVED AS TO FORM: Sonle R, Carvalho, City Attorney M Resolution No. 2014 -078 Page 2of3 21A -12 AYES; Council members, Arnezc„Wa, Eenavldes, Martinez, Pulldo, Re nv a, to NO Counollmembers: ftrq(Q) AB$TAINP Counailmembers, None (Q) NOT PRE$ENT: Counolimembers; Tinalaro CERTIFICATE OF ORIGINALITY I, CVlaria D. Huizar, Clerk of the Counofl, do hereby oertify the attached Resolution No. 2014 -078 to be the original resolution adopted bythe City Council of the City of : onta Ana on November I8, 2014. Date-, 1'4LgL 1 /�y Clerk of the Council City of $4rita Ana. Peso[ution Np, Zl4 -0 a P49a3of3 21A -13 21A -14 Jmf 10/19/16 RESOLUTION NO, 2016 -090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Set The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 "Fair Share" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will provide matching funds for each project as required by the Orange County Transportation Authority Comprehensive Transportation Funding Programs Guidelines, E. The Orange County Transportation Authority intends to allocate funds for transportation Improvement projects within the incorporated cities and the County. F. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments, G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a supplement to the existing pavement management program. Section 2. The City Council of the City of Santa Ana hereby requests the Orange County Transportation Authority allocate 'Funds in the amounts specified in the City's application to the City of Santa Ana from the Comprehensive Transportation Programs, Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in the improvement of the following street(s): EXHIBIT 5 Resolution No. 2016.090 21A -15 Page 1 of 3 )Mf 10/19/16 PROJECT PROGRAM FY Warner Ave. Improvements: Main St, to Orange Ave RCP 17118 Warner Ave. Improvements: Oak St. to Grand Ave RCP 17/18 Warner Ave, and Flower St. Intersection Improvements RCP 17/18 Bristol St. and Memory Ln. Intersection Improvements RCP 17118 Bear St. Traffic Signal Synchronization Project RCP 17/18 Section 3. The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana, Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution, ADOPTED this 61h day of December, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M, Funk Assistant City Attorney AYES: Counoilmembers: Amezcua Benavides Reyna Sarmiento Tinalena (5) NOES: Counoilmembers: None (0) ABSTAIN: Counciimembers: None (0) NOT PRESENT: Counoilmembers: Martin z. Pulldo (2) Resolution No. 2018.090 Page 2 of 3 21A -16 imf 10/19/18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016-090 to be the original resolution adopted by the City Council of the City of Santa Ana on December 6, 2016, Date: C- '' -:�. Maria D, Huizar Clerk of the Council City of Santa Ana THE ORIGINAI,ON FILE IN TO 4(, . Resolution No, 2016.090 21A -17 Page 3 of 3 21A -18 CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: CONTRACT AWARD TO SVM, LP FOR PREPAID GAS CARDS (SPEC. NO. 16 -103) (STRATEGIC PLAN NO. 7,6) CLERK OF COUNCIL USE ONLY: =--;• r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to SVM, LP for the purchase of prepaid gas cards for a one -year period expiring March 31, 2018, with the provision for three one -year renewal options exercisable by the City Manager, in the annual amount not to exceed $33,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Community Development Agency (CDA) Santa Ana WORK Center manages several programs including the Workforce Innovation and Opportunities Act (WIOA). Participants in the program are offered supportive services as defined by WIOA including gas vouchers and OCTA monthly bus passes to facilitate their ability to find and retain employment. The prepaid fuel -only card program allows clients to purchase competitively priced gas at their local neighborhood gasoline stations. Gas cards are issued to clients following a program guideline screening by an authorized WORK Center case manager and a demonstrated financial need has been identified. The gas cards are managed to assure that the program maintains fiscal integrity and adherence to audit controls. Each gas card is tracked by its individual serial number and records are reconciled monthly. Gas card logs are archived and made available for inspection by the State of California auditors annual review of records. The WORK Center issues an average of 26 gas cards per month. In addition to the WORK Center, the Personnel Services Agency purchases prepaid gas cards as employee incentives for the Commuter Services Program. A notice inviting bids was advertised on August 24, 2016, on the City's online bid management and publication system. Preliminary research conducted by staff showed that there are few vendors that offer a variety of prepaid gas cards. As the deadline approached and no bids had been received, staff extended the bid solicitation deadline twice, and reached out to potential vendors in an effort to provide them additional opportunities to submit a bid. On September 30, 2016, the bid solicitation closed without any bids received. Due to the lack of vendor participation, the Community Development Agency staff conducted research and found only three prepaid gas card vendors in California: RPG, Valero and SVM, LP. These vendors sell gas cards for various brands of gasoline stations including Shell Oil, Exxon 22A -1 Contract Award for Prepaid Gas Cards March 7, 2017 Page 2 Mobil, Arco Gas, and Valero. An online survey conducted in November 2016 revealed that Arco Gas stations sell the least expensive gasoline. Staff then looked at the number of Arco stations in Orange County. Results of CDA's analysis disclosed Valero has only three stations while Arco Gas has numerous stations throughout Santa Ana and Orange County. Based on the referenced findings, CDA determined that Arco Gas provides the most number of opportunities to purchase gasoline, based on the number of stations within the City and surrounding areas, and at a lower rate providing an overall savings to program participants. SVM, LP, a provider of major gasoline cards and merchant gift cards, is the only provider of Arco Gas prepaid gas cards. As such, staff recommends approval of the recommended action. STRATEGIC PLAN ALIGNMENT Approval of this item supports efforts to meet Goal #7 — Team Santa Ana, Objective #6, (provide a positive workplace environment that supports the health of its employees and celebrates its success). FISCAL IMPACT Funds are available in the FY 2016 -17 budget, and will be included in future fiscal year budgets in the following programs and accounts for anticipated expenditure upon exercising the three one -year renewal options as follows: Program ` Account No. Anticipated Expenditure FY 2016 -17 FY 2017 -18 FY 2018 -19 FY 2019 -20 FY 2020 -21 Personnel Air Quality Improvement 03109050 -62302 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 0 One Stop Program 12318751 -69143 $15,000 $30,000 $30,000 $30,000 $15,000 Totals $18,000 $33,000 $33,000 $33,000 $15,000 %i Robert C. Cot Deputy City N City Manager Edward Raya Executive Director Personnel Services CD /sm /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez OIL Executive Director Finance and Management Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: CONTRACT AWARDS FOR ELECTRICAL REPAIR AND REHABILITATION SERVICES (SPEC. NO. 17 -007) {STRATEGIC PLAN NO. 611} CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for electrical repair and rehabilitation services for City water facilities for a two -year period expiring March 31, 2019, with provisions for three one -year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $600,000, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Inter - Pacific, Inc. Leed Electric, Inc. M. Brey Electric, Inc. DISCUSSION Location Tustin Santa Fe Springs Beaumont The Public Works Agency Water Resources Division operates and maintains 20 active water wells, seven pumping stations and seven connections with Metropolitan Water District. To maintain a smooth running water system, staff has upgraded many of the water facilities with electronic switch gears, motor control centers (MCC), variable frequency drives (VFD) and programmable logic controllers (PLC). These devices monitor and control the pumps and motors that produce the City's potable water. Additionally, new energy efficient equipment reduces the amount of electricity the City uses to power the water system pumps and motors. Rehabilitating and repairing aging pump and well electrical components with new VFDs, MCCs, and PLCs will improve the water system operation, overall system reliability, and energy efficiency. Bids were advertised on January 5, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 270 Vendors were notified 2 Santa Ana vendors were notified 33 Vendors downloaded the bid packet 8 Bids received 2213-1 March 7, 2017 Page 2 Bids were received, opened on February 2, 2017, and evaluated (Exhibit 1). The bids received from Inter - Pacific, Inc., Leed Electric, Inc., and M. Brey Electric, Inc., are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to the three vendors with the lowest bids to allow for competitive quotes on any given job. 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). FISCAL IMPACT Funds in the amount of $600,000 are available in FY 2016 -17 Water Utility Water Production and Supply Account (No. 06017640 - 62300). Funding in the amount of $600,000 for the second year of the contract will be budgeted and made available in FY 2017 -18 Water Utility Water Production and Supply Account (No. 06017640 - 62300). Upon exercising the three one -year renewal options, an annual amount of $600,000 will be budgeted and made available in FY 2018 -19, FY 2019 -20, and FY 2020 -21 Water Utility Water Production and Supply Account (No. 06017640 - 62300). Executive Director Public Works Agency FM /NS /RR /sm /sp APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director (� Finance & Management Services Agency 228 -2 ABSTRACT OF BIDS ELECTRICAL REPAIR AND REHABILITATION SERVICES M7 Bidder Inter - Pacific Inc. Leed Electric, Inc. Baker Electric Inc Location Tustin Santa Fe Springs Escondido Total $498,047.70 $676,673.00 $801,573.00 AMTEK Bidder Construction ACS Engineering Inc M. Brey Electric, Inc Location Whittier Irvine Beaumont Total $914,250.46 $812,700.00 $706,543.00 Houalla ABM Electrical Power Bidder Enterprises, Ltd. Services, LLC Location Newport Beach Irvine Total $905,000.00 $1,096,691.00 EXHIBIT 1 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: CONTRACT AWARD TO GOLDEN BELL PRODUCTS, INC., FOR PESTICIDE TREATMENT OF SANITARY SEWER MANHOLES (SPEC. NO. 17 -025) {STRATEGIC PLAN NO. 6, 1} CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY. ❑ As Recommended ❑ As Amended Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Golden Bell Products, Inc., for treatment of sanitary sewer manholes with insecticidal latex coating for a one -year period expiring March 31, 2018, with provisions for three one -year renewals, in an annual amount not to exceed $100,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Water Resources Division maintains a sanitary sewer system consisting of 390 miles of pipelines and 8,000 manholes. Bug and insect infestation is controlled by applying insecticide in sewer manholes. The use of insecticidal latex coating provides a cost - effective manhole treatment that remains in effect for several years after application. Due to the required specialized materials and equipment, the City contracts with a private company for this work. Golden Bell Products, Inc. holds the sole distribution and application rights for insecticidal latex coating within the state of California. It provides treatment services to the Los Angeles County Sanitation District, as well as to approximately 60 other cities and agencies in California, and has been providing this service to the City of Santa Ana for the past ten years. Their work has been of high quality with effective cockroach control continuing well beyond the two -year warranty period. The proposed contract will provide treatment for approximately 4,000 sanitary sewer manholes per year. 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). 22C -1 Contract Award for Treating Sanitary Sewer Manholes March 7, 2017 Page 2 FISCAL IMPACT Funds in the amount of $100,000 are available in the FY 2016 -17 Sanitary Sewer Service Account (No. 05617640- 62300). Upon exercising the three one -year renewals, an annual amount of $100,000 will be budgeted and made available in FY 2017 -18, FY 2018 -19, and FY 2019 -20 Sanitary Sewer Service Account (No. 05617640 - 62300). '/�V) Fr d Mou avip u Executive Director Public Works Agency FM /NS /RR /sm /sp APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: UTILITY CABINET PILOT ART PROJECT PHASE THREE- ELEMENTARY SCHOOL DESIGNS (STRATEGIC PLAN NO. 5, 513) r 4,/ CITY AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p0•C• _o ❑ As Recommended ❑ As Amended ❑ Ordinance on Ian Reading ❑ Ordinance on 2 °d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with the Santa Ana Unified School District for Phase Three of the Utility Cabinet Pilot Art Project in an amount not to exceed $1, 200.00, subject to non - substantive changes approved by the City Manager and City Attorney. ARTS AND CULTURE COMMISSION ACTION At its regular meeting on February 16, 2017 by a vote of 6:0 (Cribb, Absent), the Arts and Culture Commission recommended that City Council authorize the City Manager and the Clerk of the Council to execute agreements with the Santa Ana Unified School District representing six elementary schools participating in Phase 3 of the Utility Cabinet Pilot Art Program. DISCUSSION On November 4, 2013, City Council authorized the Utility Cabinet Pilot Art Program. The goal of the program is to enhance the city and provide opportunities for the community to connect with art in nonconventional spaces. The Utility Cabinet Pilot Art Project has successfully completed Phases One and Two with Santa Ana local artists. The purpose of Phase Three is to include elementary schools in Santa Ana so that students may participate in painting a utility cabinet. Six elementary schools have submitted their design templates (Exhibit 1). The location of the utility box for each school has been identified and verified by the Public Works Agency (Exhibit 2). With the approval of the designs by the City Council, the next steps would be for staff to meet with the Santa Ana Unified School District (SAUSD) authorized representative to sign the Agreement and Release of Liability (Exhibit 3), and work with the Public Works Agency to conduct a pre - installation meeting with the teachers from each school. Each participating school 25A -1 Utility Cabinet Pilot Art Program Phase Three March 7, 2017 Page 2 will receive $200 for paint and supplies. Painting is projected to begin in April 2017 and completed in June 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal 5- Community Health, Livability, Engagement & Sustainability, Objective 5 (Promote a strong arts and culture infrastructure), Strategy B (Generate public and private support and resources to strengthen, expand and stabilize funding for the arts). ARTS AND CULTURE MASTER PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal 5- Support existing and create new opportunities for youth to engage in artistic and creative activities and career pathways, Strategy 5.2 (Support arts education in the schools by identifying and implementing partnerships and collaborations between the community (arts organizations, creative businesses, etc.) and the District that strengthen its progress towards goal achievement), and Strategy 5.3 (Develop collaborative programs between major institutions, arts organizations, SAUSD, Santa Ana College, and creative businesses, to develop career pathways). FISCAL IMPACT Funds in the amount of $1,200 are available in the Community Development Agency's Strategic Plan Projects, Contract Services account no. (05218018- 62300) for expenditure in FY 2016/17. Robert C. C ez Deputy City City Manager's Office APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1) Elementary School Designs 2) Map with Utility Cabinet Locations 3) Draft School Agreement /List of Schools /Release of Liability 25A -2 g Emma PPt dGAi IC1N wlyor sane Please noW that appddcants gust diva, Work or study In Santa l�na tq apply« Vlnyl Wrap$ are anceuraged butnot required. Exhibit I 25A -3 A Via( A c fl� A4,:�JPKWLY I Nota: TN dbm"on3 of the tomptate may not accurately faW all WMYWYM., pmposad designs must W a4lustoble. 25A-4 Utility Cabinet PIIot:Art Program Phe" "roo Appotation MY of saota*w 11 12 - -03V 4 Sk4ol- bo�*,�uq 4,kt-�,-vk 4. 16C 0 A Co IA ll'f A.- 100 i At theAMAR: rendering 'represevit your school and/or Santa �Ana? S ar. A► A Gift uAoLo* 4*may. rr b., 4iv br4ti i #01 S-4kirowOr PnNt- iqi+ ktv Page 2 O 3 25A-5 UOIRYObillet PllotArt Program Phase Thraa:Ap Oty of $Onta Ant pop z qa 25A-7 Utlilty Cabinet Pilot Art Program Phase T*ee Application MY of Banta Ana 0 25A -8 I 25A-9 S,% \--I .A lot Utility Cabinet Pilot Art Program Pha$e Three Apptitettson City of Santa Dina pue z o 25A -11 t No-to: The dimensions of the template may not aCwratelyrefied oO utility boxes: Proposeddesions must be a4pelo le 25A -12 NYRY4llVVI Gil r] P'N Slate ZIp, i -.. " r* Number � Mail greuuw- :Name Of Atil81 Prtenta! -- preC6eerr4 *- %arilrtmuvl(fsPx?Ol0Z 04 04 05 ire 3r QreQptararanee. A�p "picanPephN4srtPhY�flPUbilcatt ?r�S+Y g.publaart fllpdrta it the Litt' �tti %t 1d w rose p MdOrling {a Mpreaent:5anla Anal ' 25A -13 ® 1st & Downtown Plaza ® Main & Washington ® Raitt & MacArther UTILITY CABINET LOCATIONS 0 Flower & Bishop ® Greenville & Alton OFlower & Washington Exhibit 2 25A -15 25A -16 +. M 4 Agreement between the City of Santa Ana and the Santa Ana unified $ichool District This agreement is made and entered Into as of 2017, by and between the City of Santa Ana., a charter city and municipal corporation (hereinafter "lty"), and the Sonta Ana Unlfled $chop] Clistrlc# (hereinafter "SAUSIX) reprosentirig the schools ;lidlz oted to participate in the Utility Box Arf PI(oi Project (hereinafter "Sr hcoi(s }" listed on Exhibit A attached herewith and incorporated herein by this reference., in'' =;consideration of the promises coat lrred herein, the receipt and •adequacy of which is hereby acknowledged, the parties heretg agree as follows A. Preparation I. A representative from each School shall attend a mandatory pr<e- installation meeting with the City prior to starting work_ During this meeting City staff will identify any electro nics, equip.mont, and other facilities on the exterior of the utility box which shali net be printed; including, ai Official plaques stickers, or identification numbers b'A Keyholes, orkeyhole covers c; Vents orvlawperts S. Materiels 1. The Schools shall use the following paint type and paint products recommended by the City, , Paint Type: Prerniurn high solids 100% acrylic latex waterborne eXterior wall and trim paint; low sheen, eggshell or satin fihlshi minirnum 1,5 mil dry thickness'per coat. b. Paint h IL iii. iv. Exhibit 13 25A -17 2. SAUSD will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans, drop cloth, masking tape, latex gloves, and cups for blending /mixing pain. SAUSD must provide its own additional supplies if needed. C. Project 1, Each School will paint the utility box assigned to it by the City, and nothing more. Schools can commence work after the effective date of the contract. Painting of the box must be completed by June 9 , 2017. Painting may only occur during the hours of 7 a.m, to 7 p.m. A minimum sidewalk clearance of four feet must be adhered to at all times, 2. Artwork must include all visible sides of the utility box including the top. 3, Each School shall provide for City maintenance, operations, and emergency access to its respective utility box at all times. 4. Reserved. 5. Artwork may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 6. Artwork may not include any breach of intellectual property, trademarks, brands, images of Illegal activity or involve the attachment of any objects to the box. 7. The Schools shall ensure that any areas utilized for the project are maintained and restored to a well- maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. The Schools shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. D. Property Rights SAUSD hereby waives any legal rights under Federal, State, local, and /or Administrative law to maintain the artwork upon City property, The completed work will be the property of the City, which retains the sole and absolute right and discretion to remove, modify, or replace the utility box, components of the utility box, or the artwork if necessary without compensation or notice to the SAUSD. 2. SAUSD grants the City the right to use any images, photographs or video of the artwork and the Installation process for publicity or promotional purposes and agrees that the results of such activity shall remain the sole property of the City. 2 25A -18 E, Payment The City agrees to pay, and SAUSD agrees to accept as total payment for all paint and paint supplies necessary for the Project, a total sum not to exceed two - hundred dollars ($200.00) for each School participating in the project. Pursuant to Exhibit A, there are six Schools participating in the project, which equates to a total payment of $1,200.00 to SAUSD, The City will send payment to SAUSD after an Agreement and Release from Liability forms, as attached hereto as Exhibit B and incorporated herein by reference, has been fully executed by a representative for SAUSD and a representative for each participating School. Completion of the artwork by each School will serve to verify that payment was used for the purpose of the project. Receipts will not be required. However, if a School is unable to complete the artwork for the assigned utility box by the completion date, then funds allocated for the School shall be returned to the City within a reasonable time. F. Indemnity and Release of Liability SAUSD shall defend, indemnify, protect and hold harmless the City, or its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including, without limitation, attorney's fees) arising out of or alleged by third parties as a result of the negligent acts, errors or omissions or the willful misconduct of any School, or School's employees, subcontractors or other persons, agencies or firms for whom SAUSD is legally responsible in connection with the execution of the work covered by this agreement. SAUSD shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including, without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent declaration by the School. The SAUSD's obligations shall survive the termination of this Agreement. SAUSD agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims "), which are or may be related to or in any way connected with the negligence or willful misconduct of Its officers, officials, employees, or agents in connection with the creation, painting or installation of the artwork. 3. To protect the City, a representative from SAUSD and a representative from each participating School shall execute a Release of Liability form before participating in the Utility Box Art Pilot Project. A true and correct copy of the Release of Liability form is attached hereto as Exhibit B and incorporated herein by this reference. All terms and requirements of the Release of Liability shall be enforceable in addition to all terms and requirements of this Agreement. 25A -19 G. Repairs If any component of the City's traffic signal system is damaged as a result of any School's work, the SAUSD shall arrange for a licensed contractor to repair the damage at the SAUSD's sole expense. 2. The SAUSD has the first option to repair artwork if damaged, The City may repair, remove or modify damaged artwork if SAUSD is unavailable. H. Termination The City may terminate this Agreement at any time for any reason. SAUSD hereby expressly waives any and all claims for damages or compensation arising under this Agreement, 1. General Terms SAUSD is, and any of the SAUSD's agents, employees or representatives are, for all purposes under this agreement, an independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 2. Neither party shall assign any rights or obligations under this Agreement. 3. Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 5. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 6, 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 25A -20 attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25A -21 IN WITNESS WHEREOF, the parties - hereto haveex000* this Agreement the do, to and year first ahove written, ATTEST. MARIA j), HuizAR Clarkof the Council �VEIJ AS TO FORM R OARVA H 1 0 R6bohirnendod for Approval: Byi, Jorge Garcia $r,. Manaomeni Assistant city Managers Office 01TYOr :SANTA ANA 5ERAR00 MOUE-T Ming city Manager ,SAUS0 ByF m 25A-22 EXHIBIT A SCHOOLS PARTICIPATING IN THE UTILITY BOX PILOT ART PROJECT (PHASE THREE) SCHOOL SCHOOL ADDRESS BOXLOCATION PRINCIPAL 1) Advanced Learning Academy (ALA) 335 E. Walnut St 1sf & Downtown Plaza Kim Garcia 2) ;Days Elementary School 1405 French St Main & Washington RobertAngulano 3): Greenville Fundamental 3600 S. Raiff St Ralt &MacArthur Felisa Gear 4) 'Lowell Elementary School 700$. Flower St Flower St &Bishop RefugioGrecian 5) :Jim Thorpe Fundamental 2450 W. Alton Ave. Greenville &Alton Teresa Steller 6) Wilson Elementary School 1317 K Baker St Flower & Washington Ligia Hallstrom 25A -23 EXHIBIT B UTILITY BOX PILOT ART PROJECT (PHASE THREE) RELEASE OF LIABILITY 25A -24 LOOM RELEASE OF LIABILITY Santa Ana Unifiod Sohodl D16triat,(SAUSD) / Schoot InformallorxtPleeae, print) Authorized $AUSD [Sohool RepresohlatiVe Naffie., SAUSID I-School Address-, Ern ftiancy'Contact; WOlver and Usbilfty Release This waiver and Lability release shall apply to any SAUSID and/or Schookstaff,, students, volunteers,, executors or administrators, 25A-25 understand the-terms and stab; students,; and I have fully informed myself of the contents of this release by reading it before I signed it. I attest that I am an authorized SAUSD and /or School representative. I realize that by signing this document I am giving up legal rights to which the SAUSD and /or School staff, students, and volunteers may be entitled. Signature Printed Name 25A -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: AMEND AND RENEW AGREEMENTS WITH HIGH LINE CORPORATION FOR PAYROLL /HUMAN RESOURCE SYSTEM MAINTENANCE, SERVICES, AND LICENSES (STRATEGIC PLAN NO. 7, 5A) Cl* MANAGER RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: /:17�:Ti1�f ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' 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 amend and renew the agreements with High Line Corporation for Payroll and Human Resources system maintenance, services, and software licenses in an amount not to exceed $340,000 over a three -year period from March 8, 2017, through March 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City processes payroll and performs Human Resources management functions using the High Line Payroll and Human Resources software system. The system is used to maintain personnel information, record time and attendance, administer benefits, administer training and development, control positions and forecast personnel costs. The system's employee and manager self - service portal is used by approximately 1,500 City employees to access their pay stubs, benefits, leave accrual balances, salary information, training, and other employee information. The Annual Service Agreement, A- 1998 -099A, provides for software maintenance and support including mandatory payroll tax table and form updates. The agreement renews automatically each year unless terminated by either party. Increases to the annual rates may not exceed the United States Consumer Price Index (CPI) rate. An agreement renewal is required in order to receive regular software updates that allow the City to continue to process payroll that complies with Federal and State tax and labor laws. Additionally, staff recommends amending the existing Program License and Service Agreement, A- 1998 -099, to engage professional services as needed for system consulting and software upgrade licenses. The version of the software that the City is currently running is due to for an upgrade in 2018. Therefore, the services and licensing costs required to upgrade to the latest supported version have been included in this RFCA. 2513-1 Amend and Renew Agreements with High Line Corporation for Payroll /Human Resources System Maintenance, Services, and Licenses March 7, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7- Team Santa Ana, Objective #5 (Create a culture of innovation and efficiency within the organization), Strategy A (Promote the use of new technology to improve the delivery of services and information to staff and the community). FISCAL IMPACT Funds are available in the Information Technology Payroll Systems accounting unit 10920142 for FY 2016 -17 and will be budgeted in subsequent fiscal years. The following is an estimate of the account distribution by fiscal year, but the actual amounts may vary within a fiscal year based on the timing of a system upgrade and services. Accounting Unit FY16/17 FY17/18 FY18/19 FY19/20 Total 10920142 62300 Contract Services $3,125 $22,728 $50,475 $25,150 $101,478 10920142 62305 Software Licenses $41,500 $41,500 10920142 62306 Software Maintenance $55,000 $57,200 $84,822 $197,022 Total $58,125 $79,928 $176,797 $25,150 $340,000 APPROVED AS TO FUNDS AND ACCOUNTS: Jarrfmation iulla Francisco Gutierrez Chechnology Innovations Officer Executive Director Inf Technology Department Finance and Management Services Agency BF Exhibits: 1. High Line Corporation Eighth Amendment to Program License and Service Agreement A- 1998 -099 2. High Line Corporation Program License and Service Agreement, A- 1998 -099 3. High Line Corporation Annual Service Agreement, A- 1998 -099A 25B -2 Exhibit 1 Dated this 8' day of March, 2017 EIGHTH AMENDMENT TO PROGRAM LICENSE AND SERVICE AGREEMENT #980603 between: HIGH LINE CORPORATION 145 Renfrew Drive, Suite 210 Markham, Ontario L3R 9R6 Canada (hereinafter referred to as HIGH LINE) and: CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA, 92702 USA (hereinafter referred to as CUSTOMER) (HIGH LINE and CUSTOMER collectively referred to as "Parties ") Parties entered into certain agreement entitled "Program License & Service Agreement #980603" dated June 22, 1998, hereinafter referred to as "Program License and Service Agreement ", for the provision of various computer software program licenses and services. The Parties subsequently executed amendments dated April 3, 2000, May 3, 2001, January 19, 2006, January 12, 2009, May 17, 2010, January 2, 2013, April 1, 2016, previously referred to as "Program License and Service Amendment 41, 92, #3, #4, #5, #6, and #7" respectively. The parties now desire to again enter into an amendment, hereinafter referred to as the "Eighth Amendment ", in order to update the terms for purchasing additional professional services, software licenses, and maintenance. This Eighth Amendment when duly signed by both parties will constitute an amendment to the original agreement stated above. Except as modified by this Eighth Amendment, and all prior amendments, all terms and conditions of the Program License and Service Agreement shall remain unchanged and in effect. Part I — Compensation and Payment Terms This Eighth Amendment to the Program License and Service Agreement provides for CUSTOMER to be able to purchase professional services, software licenses, and maintenance from HIGH LINE at CUSTOMER's discretion at the fees and rates specified herein. The total sum to be expended shall not exceed $340,000 during the term of this amendment. Payment terms are Net 30 days upon receipt of a valid invoice. Professional Services fees will be billed after services are delivered. Licenses fees will be billed upon the installation of software licenses purchased. Maintenance fees will be billed at the same time as License fees and will be pro -rated to coincide with the annual support period term of April 1 — March 31 and be subject to the terms of the Annual Service Agreement. 25B -3 CUSTOMER may authorize purchase of services, licenses, and maintenance from HIGH LINE by way of approval of a services work order, quotation, or Billing Authorization pursuant to the terms of the Program License and Service Agreement. Part II - Term The term of the provisions in this Eighth Amendment shall commence upon the date first written above and be in effect through March 31, 2020. The term of other provisions of the Program License and Service Agreement that are in effect shall remain unchanged. Part III — Professional Services CUSTOMER may engage HIGH LINE professional services on a time and materials (T &M) basis for assistance with the HIGH LINE Payroll and Human Resources and related software. Such services may include consulting, training, configuration, customization, and other services not covered by the Annual Service (Support) Agreement. Professional services will be billed at the following hourly rates based on the resource provided. RCS6nrae:_.I...� Vice President/ Director/ Manager $200.00 $225.00 Sr. Application Consultant $150.00 $187.50 Sr. Technical Consultant $150.00 $187.50 Consultant $125.00 $150.00 Programmer Anal st $125.00 $150.00 Implementation Specialist $87.50 $100.00 CUSTOMER will reimburse HIGH LINE for reasonable travel expenses for any on -site professional services provided. Part IV —Optional NextGen Uoerade CUSTOMER shall have the option to upgrade the HIGH LINE application software modules licensed under the Program License and Service Agreement from ePersonality to HIGH LINE's next generation version of the software known as "NextGen" for the fees specified in the schedule below by way of Billing Authorization. t F ilIa�nen __ .,, . . _ _License _..; tFee NextGen Upgrade Fee $25,000 None Logi Info - Required: BI (business intelligence) dashboard Included $2,310 An upgrade does not affect the annual maintenance fees or terms of the covered application software modules under the Annual Service Agreement. The annual Maintenance fee shown for Logi Info is the current fee. The actual maintenance fee will be HIGH LINE's then - current maintenance rate at the time the upgrade is purchased. CUSTOMER may engage HIGH LINE professional services to help upgrade to NextGen. Below are typical services and effort required to perform such an upgrade remotely. Actual time spent will be billed on a T &M basis at the rates specified in this Agreement Amendment. Implementation Services Days Costs Planning Session 1.5 $1,950 Software Installation and Technical Assistance 5 $6,000 Training and Troubleshooting 15 $18 000 Total 21.5 $25 950 25B -4 Part V — Optional Third Party Oracle Software Licenses Upgrading to NextGen requires licensing certain Oracle software products. Some of the CUSTOMER's existing licenses can transfer and others require re- licensing. HIGH LINE is an authorized Oracle Reseller. CUSTOMER shall have the option to purchase Oracle software licenses from HIGH LINE by way of Billing Authorization. Below are HIGH LINE's Oracle license and maintenance fees at the time of execution of this Agreement Amendment. HIGH LINE's then - current or negotiated fees will be used at the time of purchase. CUSTOMER may change the quantity of licenses purchased as required. aele:oftww�e� acenseg Ittem g .;: Lrcerisg" Lrcensc Maint 1d0td� ° MBtgte 54 N n ;.._._. Cost /GEU Cost /GPTJF PRODUCTION ENVIRONMENT Oracle Database Server - Standard Edition 2 Update $3,850 $0 $7,700 Two — Processor License Existing Unlimited client users. This license will replace CUSTOMER's existing Standard Edition One license. This is a no -cost upgrade; however, there is a change to the Maintenance fees. Oracle Weblogic - Standard Edition— 2 $6,000 $2,200 $12,000 $4,400 Processor License for NextGen (requires new Oracle license for WebLo is 12C or higher) TEST ENVIRONMENTS Oracle Database Server — Standard Edition 10 Update $80 $0 $800 Two —Named User License Existing This license will replace the CUSTOMER's existing Standard Edition One license. This is a no -cost upgrade; however, there is a change to the Maintenance fees. Oracle Database Server — Standard Edition 10 $210 $80 $2,100 $800 Two — Named User License Oracle Weblogic - Standard Edition - 20 $120 $45 $2,400 $900 Named User License for NextGen (requires new Oracle license for WebLo is 12C or higher) OPTIONAL AD HOC REPORTING Optional: 25 $230 $75 $5,750 $1,875 Oracle BI Publisher (25 user minimum, discounted license cost 25B -5 tt�r�ttt; hneat as of the effootive data stated vsY tt�r�ttt; vsY 1 TT: C! FAG SAN TA ANA lv�St tYixar U01- atoomauet Cl tlt of tlta mt neil Acting City Ma x�agat APB' OVO 0 TO VORM; }MRATION $ottia k Cmailio, City Attotttay 'ate"'• : .�.m. �°+�i��.. -- By, rlsa st 1 e 2 n ftog t. Assist ma City Attorney President it ChieMcecutivs Officar CO ENDED FOR a ii+1'ROVralC t TacIC Giulia %O-Taclzttotagy EnMW4tiDTlsOMctr 146mation Tes hndtogy Department r.° .n t: E: 4 Exhibit 2 1411 - off'/ THIS AGREEMENT made this 22n° day, of Jane, 1998 PROGRAM LICENSE & SERVICE AGREEMENT Al 980603 BETWEEN: HIGH LINE CORPORATION 8920 Woodbine Avenue, Suite 402 Markham, Ontario, Canada L311 9W9 (hereinafter referred to as LICENSOR) and CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92702 USA (hereinafter referred to as LICENSEE) LICENSOR hereby grants and LICENSEE hereby accepts on the following terms and conditions, a non - exclusive license to Use each Licensed Program on Designated Equipment, each as hereinafter defined. TERMS AND CONDITIONS LICENSEE agrees to pay LICENSOR a sum of NINETY THREE THOUSAND US DOLLARS ($93,000.00 US) for a aont exclusive and non - transferable perpetual license for the Use of the Licensed Programs. LICENSEE further agrees to pay LICENSOR such sum as per the schedule described in Part III of this Agreement. LICENSEE agrees to pay all reasonable out of pocket expenses for travel, accommodation, long distance phone charges and courier services related to installation. LICENSEE agrees to reimburse expenses for LICENSOR resources wlto do not reside in the Orange County or Los Angeles County area. This Agreement is also subject to the additional terms and conditions stipulated in Part IV of this Agreement. 1. The fallowing terms are defined for the purposes of this Agreement: a) "Licensed Program" shalt be the object code version of each program listed in Part I of any schedule incorporated in this Agreement including basic and related materials pertinent to said program, and any update to said program hereinafter furnished to LICENSEE by LICENSOR, b) 'Designated Equipment" shall be any Central Processing Unit enumerated in Part II of any schedule incorporated in this Agreement. LICENSEE shall inform LICENSOR prior to moving the Licensed Program to any other replacement computer system save and except for the circumstances noted in Part II of this Agreement. LICENSOR shall not unreasonably withhold authorization provided that the LICENSEE shall have paid any fees applicable to use of the LICENSED PROGRAM on a different computer model. C) "Use" means executing any Licensed Program on the Designated Equipment, or referencing the basic and related materials pertinent to any Licensed Program. d) 'Derivative Program" shall be each program developed by the LICENSEE for use with the Licensed Programs and which does not include any Licensed Program material in any identifiable form. e) "LICENSE" means the license herein granted to LICENSEE to Use Licensed Programs. 25B-7 AGREEMENT #980603 Page t of 10 2. TERM This License is effective from the date of execution of this Agreement by both parties. The License granted herein with regard to each Licensed Program shall remain in force until LICENSEE permanently discontinues the use of that Licensed Program on the Designated Equipment or until LICENSOR terminates this Agreement, upon written notice to LICENSEE, by reason of LICENSEE'S failure to comply with any of the terms and conditions of this Agreement. If the LICENSEE inadvertently fails to comply with any of the terms of this Agreement, the LICENSEE will be granted ten (10) days after written notification from LICENSOR to comply with the terms of the Agreement prior to termination. 3. LICENSE The License granted tinder this Agreement authorizes LICENSEE on a personal, non - transferable and non- exclusive basis, to Use any Licensed Program only on the Designated Equipment identified in Part II to this Agreement without right to sub - license or rent. The Licensed Programs and all copies thereof are the property of the LICENSOR and title thereto remains with the LICENSOR. All applicable rights in patents, copyrights, trade -marks and trade secrets in the Licensed Programs are and will remain within LICENSOR. The LICENSEE shall not sell, transfer, publish, disclose, display, disseminate or otherwise make available any Licensed. Program or copies thereof to others. The LICENSEE agrees to secure and protect each Licensed Program and any copy thereof, from use by Third Parties and agrees to take appropriate action through instruction with its employees who are permitted access to each Licensed Program or copies thereof, to satisfy its obligations under this Agreement. LICENSEE may generate, develop and use Derivative Programs. LICENSOR has no rights in Derivative Programs and neither party has any liability or obligation to the other in reference to Derivative Programs. LICENSEE shall maintain records specifically identifying each Licensed Program and the associated Designated Equipment delivered under this Agreement and shall make such records available to LICENSOR during regular business hours upon reasonable notice for purposes of enforcement of the terms and conditions of this Agreement. LICENSEE shall not disassemble, de- compile, translate, reverse engineer or create derivative works from the Licensed Programs. 4. LICENSE TO REPRODUCE LICENSEE may reproduce and install the Licensed Programs on a development and test system for the purposes of testing (new versions & patches), training and serving as a backup system to the Designated Equipment. Additionally, the LICENSEE may purchase a license to reproduce the Licensed Programs covered by this Agreement for use by LICENSEE for additional equipment at 75 % of the then current price for each reproduction. Installation and training for all additional sites will be extra, if required. This LICENSE TO REPRODUCE may not be assigned, transferred, re- licensed or sub - licensed to any third party or used on any equipment not owned or leased by LICENSEE for its awn use. LICENSEE may reproduce for its own use Licensed Program documentation provided by LICENSOR including reference manuals, training materials and installation instructions. 5. COPIES Except for the License to Reproduce referred to in paragraph 4, LICENSEE is not entitled to make copies of the Licensed Programs in whole or in part in printed or machine - readable form. However, the LICENSEE has the right to create and store copies of Licensed programs for the sole purpose of operational backup, disaster preparedness, recovery, and other emergency related needs. The original and any copies of Licensed Programs, in whole or in part, which are made by LICENSEE shall be the property of LICENSOR. LICENSEE agrees to reproduce and include the applicable copyright notice on any copies, in whole or in part, in any form, including partial copies and modifications to Licensed Programs. 6. ESCROW The LICENSEE by signing this Agreement becomes a beneficiary for the source code for those Licensed Programs outlined in PART 1. LICENSOR agrees to notify Lincoln -Pang Associates Inc., with whom LICENSOR has a Software Escrow Agreement, that LICENSEE has become an eligible beneficiary under this Agreement. 7. PROTECTION OF LICENSED PROGRAM LICENSEE agrees not to provide or otherwise make available any Licensed Program, in any form, to any person other than LICENSEE'S or LICENSEE'S employees or contractors without prior consent from LICENSOR, except during the period any such person is on LICENSEE'S premises with LICENSEE'S permission for purposes specifically related to LICENSEE'S Use of the Licensed Program. LICENSEE agrees that it will take appropriate action by instruction, agreement, or otherwise with its employees or other persons permitted access to Licensed Programs to satisfy its obligations under this Agreement with respect to 25B_8 AGREEMENT #980603 Page 2 or to use, copying, modification, and protection and security of Licensed Programs. LICENSEE is prohibited from processing a third party's data or from offering the LICENSED PROGRAM in a service bureau or timesharing environment unless such use is authorized in writing by LICENSOR. 8. TERMINATION Within thirty (30) days after LICENSEE has permanently discontinued the use of any Licensed Program or the LICENSOR has terminated any License by reason of LICENSEE'S failure to comply with any of the terms of the Agreement, LICENSEE will certify, in writing, to LICENSOR, that through its best efforts, and to the best of its knowledge, the original and all copies, in whole or in part, in any form, including partial copies of the discontinued or terminated Licensed Programs have been destroyed or, at LICENSOR's option, returned to LICENSOR. 4. PATENT AND COPYRIGHT INDEMNIFICATION LICENSOR at its own expense shall defend any action brought against LICENSEE to the extent that it is based on a claim that any Licensed Program used within the scope of the license hereunder infringes a patent or copyright, provided LICENSEE notified LICENSOR promptly in writing of the action (and all prior claims relating to such action) after LICENSEE becomes aware of same, and LICENSOR has sole control of the defense and all negotiations for its settlement or compromise. In the event any Licensed Programs become, or in LICENSER'S opinion are likely to become, the subject of a claim of infringement of a patent or copyright, LICENSOR may at its option either secure the LICENSEE'S right to continue using the Licensed Programs, replace or modify them to make them non- infringing, or if neither of the foregoing alternatives is reasonably available to LICENSOR, discontinue the Licensed Program upon three month's written notice, If, however, the Licensed Program is the subject of a claim of patent or copyright infringement, LICENSEE may notify LICENSOR in writing during the one month after the LICENSER'S notice of discontinuance that LICENSEE elects to continua to be licensed with respect to the Licensed Program until there has been an injunction or the claim has been withdrawn, and agrees to undertake at LICENSEE'S expense the defense of any action against LICENSEE and to indemnify LICENSOR with respect to all costs, damages and legal fees attributable to such continued use after such notice is given to LICENSOR: it being understood that LICENSOR may participate at its expense in the defense of any such action if such claim is against LICENSOR. LICENSOR shall have no liability for any claim of copyright or patent infringement based on 1; Use of other than a current unaltered release of the Licensed Program available from LICENSOR if such infringement would have been avoided by the use of a current unaltered release of the Licensed Program available from LICENSOR or; 2: Use or combination of the Licensed Program with modifications, improvements or other programs not supplied by LICENSOR or; 3: Intentional tortious act or negligence of LICENSEE or; 4: Use by LICENSEE of the Licensed Programs in an application or environment for which the Licensed Programs was not designed or contemplated. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO INFRINGEMENT OF ANY COPYRIGHTS OR PATENTS B Y THE LICENSED PROGRAMS OR ANY PARTS THEREOF. 10. WARRANTY Each Licensed Program will conform to LICENSOR'S current published Program Specifications when it is shipped to LICENSEE. EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, LICENSOR GRANTS NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ON ANY LICENSED PROGRAM AND ITS PERFORMANCE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, AND THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF LICENSOR FOR DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF LICENSED PROGRAMS. LIMITATION OF LIABILITY: LICENSEE agrees that LICENSOR'S liability hereunder for damages including but not limited to liability for any funds, mutual breach of this Agreement or patent and copyright infringement and regardless of the form of action, 25B-9 AGREEMENT 8980603 Page 3 or 10 shall not exceed the charges paid by LICENSEE for the particular Licensed Program or related materials involved. LICENSEE further agrees that LICENSOR will not be liable for any lost profits, or for any claim or demand against the LICENSEE by any other party, except a claim for patent or copyright infringement as provided herein. No action regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one year after the cause of action has occurred, except that an action for non - payment may be brought within one year after the date of last payment. 11. EXTENDED APPLICATION The provisions of this Agreement shall govern the terms of any present or future order from LICENSEE. Acceptance by LICENSEE of any Licensed Program or optional materials from LICENSOR shall be deemed conclusive evidence of LICENSEE'S Agreement that the license for such Licensed Program or optional materials is governed by this Agreement. 12. SEVERABILITY If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are to that extent, deemed omitted. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of California, USA. 14. INJUNCTION AND EQUITABLE REMEDIES The LICENSEE hereby recognizes that the Licensed Program is a valuable asset of the LICENSOR and that any remedy contemplating, inter alia, the award of monetary damages in the event of a violation or impending violation of any of the terms and provisions of this Agreement shall be inadequate. As a result, the LICENSOR shall, in addition to any other relief available to it (including, without limitation, monetary damages to the extent that the LICENSOR proves such damages), be entitled to the remedy of injunction and other equitable remedies without having to establish the inadequacy of any remedy available to it. 25B_1 0 AGREEMENT #98060 Page 4 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST; AneCt—r-uyo. he Cncil APPROVED AS TO FORM: or Joseph W. Fletcher City Attorney APPROVED AS TO CONTENT: avid N. Ream City Manager RECOMMENDED FOR APPROVAL: Rod Colo a, xe five Director Finance & Manage ent Services Agency As per LICENSEE: CITY OF SANTA ANA a municipal corporation of the A. Mayor thr ICENSOR:ne C oration I{l Niemuller President 25B_11 AGREEWNT#980607 Page 5 or 10 SCHEDULE TO PROGRAM LICENSE & SERVICE AGREEMENT # 980603 PART I - PROGRAMS COVERED BY THIS AGREEMENT The NT version of the following PERSONALITY 2000 modules to process up to 9,999 active Employee Records, Employee Records being defined as the highest number of employees administered by the system in any month during a twelve month service period on the Designated Equipment. LICENSEE has the right to up -grade the Designated Equipment as described in Part II of this Schedule without an increase in license fees covered by the Agreement to which this Schedule is attached. The increase in license fees is governed by the number of Employee Records processed as covered in Part I of this Schedule. The programs covered by this Schedule include: FOUNDATION/RECORD KEEPING PAYROLL BENEFIT ADMINISTRATION ATTENDANCE SALARY ADMINISTRATION POSITION CONTROL FINANCIAL COST CONTROL LABOR RELATIONS As additional Programs are purchased, an Addendum to this Schedule shall be issued. PART II - DESIGNATED EQUIPMENT (To be identified once known) MODEL NUMBER SERIAL NUMBER LOCATION In the event that the above mentioned Designated Equipment is inoperable, LICENSEE may use alternate equipment for their day to day processing until such equipment again becomes operable. LICENSEE has the right to upgrade and /or change Designated Equipment without prior permission of the LICENSOR; but is required to provide LICENSOR notification within 30 days of upgrade andfor change in Designated Equipment. LICENSOR may install the Licensed Programs on a second computer system designated as a Development and Test system for the purposes of testing, training, and to serve as a backup system to the Designated Equipment. PART III — COST & PAYMENT SCHEDULE: LICENSE TEES Billing is according to Generally Accepted Accounting Principles, Fees for licenses, products, and services specified throughout this agreement are billable per the schedules specified, or if not specified, upon delivery. Payment terms are Net 30 days from receipt of invoice. LICENSEE will make a good faith effort to begin processing invoices for payment immediately upon receipt. Personality2000 Application Software Modules Foundation/Record Keeping $ 24,000.00 Due Upon Completion of Record Keeping Training Payroll $ 30,000.00 Due Upon Final. Acceptance (As defined in Part IV, Section 6) Benefit Administration $ 12,000.00 Due Upon Completion of Benefits Training Attendance $ 6,000.00 Due Upon Completion of Attendance Training Position Control $ 6,000.00 Due Upon Completion of Financial Cost Control Training Salary Administration $ 6,000.00 Due Upon Completion of Financial Cost Control Training Financial Cost Control $ 3,000.00 Due Upon Completion of Financial Cost Control Training Labor Relations $ 6,000.00 Due Upon Completion of Payroll Advanced Training Total $ 93,000.00 The Training Schedule is specified in the Implementation Planning Report Document. Should any variations occur from the Implementation Planning Report Document, said Document will continue to govern the Payment Schedule. PART IV - ADDITIONAL TERMS AND CONDITIONS WARRANTY � The LICENSOR agrees to provide a warranty period with respect to the warranty provided in paragraph 10 of the Program License & Service Agreement, that commences on the date of delivery of the 25B -12 AGREEMENT #980603 Page 6 of 10 first installation tape and extends through 30 days after Final Acceptance. Following the warranty period, LICENSEE must sign an Annual Service Agreement for each module purchased to be entitled to ongoing support. 2. STANDARD IMPLEMENTATION TRAINING & CONSULTING SERVICES Project Planning Software Installation Technical Training Foundation/Record Keeping Payroll Benefit Administration Attendance Payroll Advanced Financial Cost Control Trouble - Shooting Total $ 1,000 per day @ 5 days $ 5,000.00 $ 1,000 per day @ 1 days $ 1,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 5 days $ 4,000.00 $ 800 per day @ 3 days $ 2,400.00 $ 800 per day @ 15 days $ 12,000.00 $ 44,400.00 Plus: Reasonable travel and out -of pocket expenses subject to LICENSEE approval Supplemental Consulting Services: LICENSOR agrees to provide personnel to the LICENSEE as required and agreed upon for Consulting and Training of the Programs covered in Part I of this Schedule at the following rates: Sr. Consultant Level A $1,000 per Day Sr. Consultant Level B $ 900 per Day Consultant Level C $ 800 per Day Consultant Level D $ 600 per Day The quantity of supplemental consulting services shall be determined and scheduled as agreed upon by both parties during implementation. Supplemental Consulting and Training Services are Due Upon Completion of Required Services. DATABASE & TOOLS SOFTWARE — Third Party Software - Optional CLIENT /SERVER JCS Job Scheduling Software: 5 -User License $ 6,000.00 Developer 2000/Reports 2.5: 1 -User License $ 3,500.00 ORACLE Database Run -Time License Oracle Workgroup Server 30 Concurrent Users @ $ 236 per concurrent user $ 7,080,00 ORACLE SQL *Plus — 3 copies @ $396 per copy $ 1,188.00 ORACLE Developer 2000 — 2 Users @ $ 4,796 per user $ 9,592.00 Total $27,360.00 4. SOFTWARE CUSTOMIZATION Software Customization is based on a Programming Rate of $800 per Day unless otherwise indicated, Actuals Due Upon Customization Acceptance (As defined in Part IV, Section 6) Custom Time Entry Screen — up to 10 days Check What If Calculation Screen Custom Mass Salary Change Enhancement — up to 20 Days Custom Labor Distribution Entry Screen — up to 20 Days Custom Other Salary Matrix - Related Enhancements — TBD 25B -13 Maximum $ 8,000.00 NIC Maximum $ 16,000.00 Maximum $ 16,000.00 TBD AGREEMENT 080603 Page 7 or 10 5. 6. Custom Salary Projection Enhancement N/C Custom Interfaces & Reports - @ $600 /day development rate TBD Custom — Other programming not yet identified TBD OPTIONAL APPLICATION SOFTWARE MODULES LICENSEE shall have the option to purchase all or part of the following products and services from LICENSOR within 36 months from the date of execution of this agreement at the costs specified below. LICENSEE shall exercise such option by means of issuing a Purchase Order to the LICENSOR. Recruitment Career Planning Safety & Health Work Scheduling Time Entry OPTIONAL IMI $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 20,000A0 $ 12,000.00 'LEMENTATION COP Due Upon Completion of Recruitment Training Due Upon Completion of Career Planning Training Due Upon Completion of Career Planning Training Due Upon Completion of Work Scheduling Training Due Upon Completion of Time Entry Training SULTING & TRAINING SERVICES Recruitment Training 3 days @ $800 per day $ 2,400.00 Career Planning Training 3 days @ $800 per day $ 2,400.00 Safety & Health Training 3 days @ $800 per day $ 2,400.00 Labor Relations Training 3 days @ $800 per day $ 2,400.00 Work Scheduling Training 5 days @ $800 per day $ 4,000.00 Time Entry Training 5 days @ $800 per day $ 4,000.00 Trouble - Shooting 10 days @ $800 per day $ 8,000.00 Plus Travel & Out of Pocket expenses Optional Supplemental Consulting Services: LICENSOR agrees to provide personnel to the LICENSEE as required and agreed upon for Consulting and Training of the Programs covered in Part IV # 5 of this Schedule at the following rates: Sr. Consultant Level A $1,000 per Day Sr. Consultant Level B $ 900 per Day Consultant Level C $ 800 per Day Consultant Level D $ 600 per Day The quantity of optional supplemental consulting services shall be determined and scheduled as agreed upon by both parties during implementation. Supplemental Consulting and Training Services are Due Upon Completion of Required Services. Optional Software Customization: Custom Interfaces & Reports - @ $600 1day development rate Custom — Other progranuuing - @ $800 /day development rate DELIVERABLES Application Software: LICENSOR shall provide to LICENSEE the Application Software products as identified in Part III — Cost & Payment schedule including installation media. Application Software shall Be thoroughly tested by LICENSOR, and shall be considered stable and without integrity problems when it is delivered. Database & Tools Software: LICENSOR shall provide to LICENSEE the database and Tools Software Products identified in PART IV # 3. This includes installation media. Standard Implementation Services: LICENSOR shall provide to LICENSEE the Standard Implementation Services as identified in Part IV #2 per LICENSOR'S recommended implementation methodology, This includes installation of database and application software, training, and trouble - shooting support. 25B -14 AGREEMENT #980603 Page 8 of 10 e Supplemental Consultant Services: LICENSOR shall provide to LICENSEE Supplemental Consultant Services as requested by LICENSEE and identified in Part IV #2 for assistance in implementing the Payroll and Personnel System and related business processes. These services include performing business process research and analysis, making recommendations, writing project documentation and specifications, setting up and configuring the system and testing. Sr. Consultant Level A should possess expert knowledge in the High Line Personality product and be highly experienced and knowledgeable in systems analysis, facilitation and payroll and personnel business processes. Sr. Consultant Level B should possess intermediate to high knowledge in the High Line Personality product and be very experienced and knowledgeable in systems analysis, facilitation and payroll and personnel business processes. Consultant Level C should possess intermediate to high knowledge in the High Line Personality product and be very experienced and knowledgeable in systems analysis, facilitation and payroll and personnel business processes. Consultant Level D should possess intermediate to high knowledge in the High Line Personality product and have experience in systems analysis. Software Customization: LICENSOR shall provide to LICENSEE Software Customizations to the Licensed Programs identified in Part IV 04. LICENSEE will provide to LICENSOR a Requirements Specification for each Software Customization. Software Customization shall be thoroughly tested by LICENSOR, and shall be considered stable and without integrity problems when delivered. LICENSOR shall include coverage for the Software Customizations in the Annul Service Agreement and shall include the Software Customizations in future releases of Licensed Programs, A. Custom Time Entry Screen: Basic tailoring of the standard screen to facilitate mass entry. B. Check What if Calculation Screen: To provide employee masterfile information to the calculation. In addition to the pay component values. C. Custom Mass Salary Change Enhancement: To provide custom enhancement to the mass salary change program that facilitates the ability to update new salary changes to the salary tuble,job /position, and employee masterfile based on the City's Salary Matrix range increase method. D. Custom Labor Distribution Entry: To provide an additional labor distribution entry screen if not included in the Custom Time Entry screen above. E. Custom Other Salary Matrix - Related Enhancements: Move Ups - allow the temporary move up of employees to be based on rules tied to the City's Salary Matrix; potentially Retro Pay — allow retro pay to be based on rules tied to the City's Salary Matrix; potentially other functionality not yet identified that is based on rules tied to the City's Salary Matrix. F. Salary Projection Enhancement: To provide Salary Projection functionality that accommodates the LICENSEE's method for performing salary projections. G. Custom Interfaces and Reports: To provide custom interfaces and reports as requested by LICENSEE and agreed by LICENSOR. H. Custom Other Programming: To provide custom other programming not yet identified as requested by LICENSEE and agreed by LICENSOR. Documentation: LICENSOR shall provide the following documentation in appropriate medium (hard copy, electronic or both). A. Standard product documentation that comes from the manufacturer of the Database and Tools products identified in Part IV 43. B. Reference manuals for the Application Software products as identified in Part III — Cost and Payment schedule — Licensee fees. The user manuals shall be for the version of the Application software products at the time of Final Acceptance. The content and form of the user manuals shall be of reasonably good quality that one would reasonably expect from a professional software application vendor. C. Installation Instructions, if not included in the user manuals, that are accurate and clear. D. Reference manuals addendums for the Software Customizations identified in Part IV #4. 25B-1 5 AG REEMENT #990603 Page 9 of 10 a E. Training materials for the Standard Implementation Services training identified in Part IV #2. F. Implementation Planning Report from the Project Planning service identified in Part IV #2. G. Technical documentation including but not limited to an Entity Relationship Diagram (ERD) or physical data model and Program Specifications for the Application Software and Software Customizations identified in Part III - Cost and Payment schedule — License Fees and Part IV #4 respectively. H. Other analysis reports, specifications and documentation as required through the use of the Supplemental Consultant Services as identified in Part IV 4#2. Conversion Tools: LICENSOR shall provide to LICENSEE appropriate conversion tools and documentation that are required to convert data into the database used by the Application Software. Help Desk Support: LICENSOR shall provide LICENSEE Help Desk Support during implementation period to assist with problems and configuration of the Application Software and Database. ACCEPTANCE Customization Acceptance: Is the event in which LICENSEE accepts and approves as being complete the Software Customizations provided by LICENSOR identified in Part IV #4. LICENSEE will provide LICENSOR a Requirements Specification for each Software Customization. After delivery of each Software Customization, LICENSEE will test the Software Customization against the Requirements Specification for each Software Customization. Upon successful completion of testing for each Software Customization, LICENSEE shall sign a Customization Acceptance Form for each indicating acceptance of the Software Customization, Final Acceptance: Is the event in which LICENSEE accepts and approves as being complete LICENSOR's payroll and human resources solution, consisting collectively of the products and services as identified in Part III — Cost and Payment Schedule — Licensee fees. LICENSEE shall sign a Final Acceptance Form indicating Final Acceptance when all of the following conditions are met: 1. LICENSOR delivers to LICENSEE deliverables identified in Part IV #6 Deliverables with quality that can be reasonably expected from a typical provider of LICENSOR's type of solutions. 2. Two (2) LICENSEE paycheck cycles have been run accurately in a production "Live" environment in which the paychecks produced from LICENSOR's solution are distributed to LICENSEE's employees as compensation. 3. LICENSOR's payroll and human resources solution behaves in a [Wanner consistent with that represented by LICENSOR's representatives and documented in LICENSOR's documentation. Optional Module Acceptance: In the event LICENSEE exercises the option to purchase Optional Application Software identified in Part 1V 05, LICENSEE will sign an Optional Module Acceptance Form for each Optional Application Software module indicating acceptance for each when LICENSEE has tested and begins to use each Optional Application Software Module in a production "Live" environment. 25B -16 AGREEMENT #980603 Page 10 or 10 Exhibit 3 ANNUAL SERVICE AGREEMENT PER PROGRAM LICENSE & SERVICE AGREEMENT N 980603 between HIGH LINE CORPORATION 8920 Woodbinc Avcnuc Suite 402 Markhnm, Ontario. Canada L3R 9W9 (hereinafter rererred to as HIGH LINE) and CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92702 USA (hcrcinallcr referred to as Tl1E Gl1STONiER) EFFECTIVE DATE FOR APPLICATION SOFTWARE MODULES: The next business day after the date of Final Acceptance as defined in the Program License & Service Agreement 8 980603 EFFECTIVE DATE FOR THIRD PARTY SOFTWARE: June 23, 1998 EXPIRATION DATE: 1 year following cacti or the respective Effective Dates 1. This doctuncnt conslifutcs a formal contract bcliocn HIGH LINE and THE CUSTOMER for Annual Service on programs listed on Schedule I to this Agreement, hercinafer called THE SYSTEM, developed and implemented by HIGH LINE. 2. This Agreement con riences on the crtectim dates stated above and will remain in full force and effect until the expiration date staled above. Upon ecpirallon each ),car, it shall be automatically renewed for twelve (12) months, unicss Icnninoted by cithcr party by written notice given not less than thirty (30) days prior to dic expiration of the initial term licreof or any renewal thereof, 3. T1nc Annual Service rates and payment terms applicable at the automatic renewal date, pursuant to Paragraph 2, for the Application Software Modules will cithcr be the same or at a rate increase not to exceed the current year's United States Consumer Price Index (CPI) percentage over THE CUSTOMER's current rile. A schedule or rates and payment ][crms will be fonvarded by mail not less than forty -five (45) days prior to the expiration of the Ilion carnal ogrecmenl. 4. THIS SERVICE AG REEM ENT COVERS: The Rxing of any errors or inconsislencios in lbe programs in THE SYSTEM, or failures of the programs in THE SYSTEM to perform in accordance with the manuals, online documentation, or published Program Specificalions provided by HIGH LINE which are notified in writing, including electronic mail medium, to HIGH LINE by THE CUSTOMER daring the term of this ngrccmcnl. The Fixing of errors or inconsistencies in the Programs, reports, interfaces that have been custom Developed by HIGH LINE for THE CUSTOMER and not functioning in accordance with requirements SpecifiaitienS, whclher or not ][lacy form a part of the standard package. Changes and updates to existing programs in THE SYSTEM and related documentation as they bccoane generally available. Sucti chnugcs shall also be provided into the Escrow account, 25B -17 ANNUAL SERVICE AGREEMENT PAGE To provide program and report updates to THE CUSTOMER in a timely manner to allow the ability to record and maintain the information necessary for the production of reports required for Federal, Slate and Local Income Taxes, State Disability Insurance, Unemployment Insurance, 401K, Californin PERS, 457, Socinl Security Alternative (Section 3121), and any other mandated Federal and California Slate Reports. Response to problems within four hours of notificalion by the CUSTOMER to the SUPPORT LINE, Help Desk — HIGH LINE provides direct toll -tree telephone access for problem resolution, defect reporting, documentation clarification and technical guidance Monday to Friday 8:001nr to 6:00pm (eastern time). On Canadian statutory holidays, a reduced staff provides full support from 9:00atn to 5:00pm (eastern little). During peak calling seasons (January & February), support is provided from 8:00am to 8 :00pm (eastern time). Telephone support is further enhanced by electronic services that offer around the clock reporting. Using fax, voicemail and electronic mail, customers may report issues any time of the day or night. Telephone: (800)268 -3340 or (905) 9.10.8777 Tcicfas: (905) 940 -8770 E -Mail: spJiport<thiglllinFcoruco!n Support and maintenance directly from Oracle Corporation for the third party Oracle products identified in Schedule 1. HIGH LINE will or will ensure that Oracle Corporation provides CUSTOMER with an Oracle customer support identification number granting access to Oracle customer support. CUSTOMER agrees to the standard terms and conditions of any Oracle support and nutinlcnalice agreement required by Oracle Corponnion and realizes that these may be different than those of this agreement. Support from HIGH LINE on the Oracle Wdrkgroup Server within the contest of it being used its a component of THE SYSTEM. Support from HIGH LINE or JCS on the third party JCS Job Scheduler product identified in Schedule I. 25B -18 ANNUAL SERVICE AGREEMENT PAGE 5. THIS SERVICE AGREEMENT DOES NOT COVER: • New developments or modifications to THE SYSTEM requested by THE CUSTOMER. Training or retraining of new or existing personnel in the operations or understanding of THE SYSTEM. • Any problems, errors, omissions, dcricicncics or inconsistencies caused by modifications, additions or tampering with the Syslcm by other Ilan HIGH LINE personnel. • Any problems caused by THE CUSTOMER as a result of rite or table manipulation. Il is THE CUSTOMER's responsibility to fully test all file or table changes prior to using them in Production. • Provision of, or support for, the Vertex PAYROLLTAXTM System. It is the CUSTOMER's responsibility to arrange for its use and service through Vertex Systems Inc. This contract contains (tic entire agreement be wcon HIGH LINE and THE CUSTOMERwith respect to the subject matter thereof as of its date and supersedes all prior agreements, negotiations, representations and proposals, written or oral, relnling to its subject matter. This contract shall be governed by the fmis or the State of California, USA. 25B -19 ANNUAL SERVICE AGREEMENT PAGE IN WITNESS WHEREOF the parties have c.xcculcd this Agrccmcnt as of the effective date stated herein. ATTEST: cc C. Guy Cleric of the Council APPROVED AS TO FORM: (� f. nr Joseph W. Fletcher City Attorney APPROVED AS TO CONTENT: David N. Reran City Manager RECOMMENDED FOR APPROVAL: As per LICENSEE: CITY OF SANTA ANA a municipal corporation of the Scat' rnia ueI A. PuIid layor per imo Karr Niemulier President n R./ of la, .'ecutke- Director inance & 117 agement Se�ro•iccs A „�ency 25B -20 SCHEDULEi CITY OF SANTA ANA PRODUCTS COVERED BY ANNUAL SERVICE AGREEMENT APPLICATION SOFTWARE MODULES ANNUAL SERVICE RATE RECORD KEEP[NO $ 2,851.00 PAYROLL $ 4,688.00 BENEFIT ADMINISTRATION $ 1,843.00 ATTENDANCE $ 1,843.00 SALARY ADMINISTRATION $ 914.00 POSITION CONTROL $ 914.00 FINANCIAL COST CONTROL $914.00 LABOR RELATIONS $914,00 TOTAL APPLICATION MODULES — PERSONALITY2000 S 14,881.00 THIRD PARTY SOFTWARE Support: Oracle Workgroup Database Sm er (30 users) 5 full use (u' $120 each And 25 Run -Tine @ $75 each $ 2,475.00 SQL *Plus (3 users) rr $200 cacti $ 600.00 Reports 2.5 (0) $ 500.00 Oracle Developer 2000 (2 users) a $1,200 each $ 2,400.00 JCS Job Sclicduler S 1080,00 TOTAL DATABASE &r TOOLS SOFTWARE MAINTENANCE S7,055.00 TOTAL lsr YEAR MAINTENANCE ON ALL NIODULES $ 21,936.00 ThirdPagv.rrftnare .sr¢ report fees are .subject to ehangc. 111CH LINE will provide TAE CUSTOh1ER not less than sLrty (60) days notice of only increase in third partr.sofhvare srgrpori fees, provided FIIGTT LTNEis notified of the same. OPTIONAL APPLICATION SOFTWARE MAINTENANCE PERSONALITY2600 MODULES: SAFETY & OCCUPATIONAL I4EALTH CAREER PLANNING RECRUITMENT WORK SCHEDULING TIME ENTRY TOTAL 1sr YEAR MAINTENANCE ON OPTIONAL MODULES 25B -21 $ 914.00 $ 914.00 $ 914.00 $ 3,308.00 11-069 00 $ 8,119.00 25B -22 • 10 Lei 1 0 CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: AGREEMENT WITH NEIGHBORWORKS ORANGE COUNTY TO PROVIDE BICYCLE AND PEDESTRIAN SAFETY EDUCATION SERVICES (PROJECT NO. 17 -6884) (STRATEGIC PLAN NO. 1, 313) ' A 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 Authorize the City Manager and the Clerk of the Council to execute an agreement with NeighborWorks Orange County to provide bicycle safety education services for the period beginning March 7, 2017, and ending September 30, 2017, in an amount not to exceed $140,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On October 4, 2016, the City Council approved an agreement with the State of California Office of Traffic Safety (OTS) for a program to address bicycle and pedestrian safety through a series of bilingual (English and Spanish) educational workshops and events. The City Council also recognized the grant amount of $158,000 from OTS to implement the programs. The program goal is to reduce the number of persons killed or injured in collisions involving bicycles. The education and outreach campaign is intended to reach community members of all ages. It will include classes on bicycle safety skills taught by the League of American Bicyclists Certified Instructors. There will also be nighttime bicycle light and helmet distribution events, classroom pedestrian safety assemblies, a train - the - trainer seminar to certify new cycling instructors, and bicycle /pedestrian safety information displayed at bus stops and on street banners. A Request for Proposals (RFP) for education services was released and distributed on November 3, 2016, to qualified bicycle education organizations. Proposals were due November 22, 2016. The City received one proposal from multiple local organizations (NeighborWorks, Santa Ana Active Streets, Bicycle Tree, KidWorks, and Latino Health Access) partnering together on a single proposal. Due to the unique nature of the work, staff does not believe that a new RFP process would result in additional proposals from other qualified organizations and only further delay providing these necessary safety programs. Staff recommends that NeighborWorks Orange County be retained for an amount not to exceed $140,000 for education services. Based 25C -1 Agreement for Bicycle and Pedestrian Safety Education Program March 7, 2017 Page 2 on local community experience, qualifications, project understanding, and familiarity with the grant source, this organization has demonstrated they have the experience and resources needed to successfully provide the required services. The remaining project funds will be utilized by Public Works staff for the Safe Crossers Program that includes a series of pedestrian safety classroom assemblies at Santa Ana elementary schools. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total cost of the agreement is not to exceed $140,000. Funds are budgeted and available in OTS- Bicycle Safety PWA fund (Account No. 16517611- 66220, Project No. 17 -6884) for expenditure as follows: Frel Mousavip u Executive Director Public Works Agency FM/WEG /CW Exhibit: 1. Agreement FISCAL YEAR AMOUNT 2016 -2017 $105,000 2017 -2018 $35,000 TOTAL: $140,000 APPROVED AS TO FUNDS AND ACCOUNTS: I S&& x k as Francisco Gutierrez k_Xj?, Executive Director Finance & Management Services Agency 25C -2 Exhibit 1 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this , day of 2017, by and between Neighborhood Housing Services of Orange County, Inc. dbaNeighborWorks Orange County, a California corporation (`Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City "), RECITALS A, The Santa Ana Public Works Agency was awarded a $158,000 grant from the State of California Office of Traffic Safety (OTS) for a program to address bicycle safety through a series of bicycle safety education workshops and events, The goal of the program is to reduce the number of persons killed or injured in collisions involving bicycles. S. On November 3, 2016, the City issued Request for Proposal No. 16 -137, by which it sought a consultant to provide such a bicycle safety program. C. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16 -137 and that is attached as I,xhibit A. D. In undertaking the performance of this Agreement, Consultant 'represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected fronn aprofessional consulting firm inthe field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though frilly set forth herein, 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total surn to be expended under. this Agreement shall not exceed $140;000. 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. Page I of 11 25C -3 Payment need not be trade 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 term of this Agreement shall commence on the date stated above and continue through September 30, 2017, unless earlier terminated as set forth in Section 14, below. The term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a point venture relationship, or to allow the City to exercise discretion or control over the manner in which Consultant performs the services required by this Agreement, However, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's Social Security taxes„ unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained tinder the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be trade available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. G. CONEIDENTIALTTY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the perfot-rnance 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 Page 2 o 11 25C -4 is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 7. WAIVER No waiver of 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 or 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, 8. 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, Incenses, approvals, waivers, and exemptions, Said inability shall be cause for termination ofthis Agreement. 9. NON - DISCRIMINA'T'ION Consultant shall not discriminate because of race, color, creed, relation, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10, CONFLICT OFINTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 11. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance Page 3 of 11 25C -5 as described below: a, Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation; acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, 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 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 Iess than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance, In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.. d. If Consultant 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 Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. Page 4 of I I 25C -6 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) flays prior written notice to the City. (iv) Consultant shall supply City with a (ally executed additional insured endorsement. f, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in farce and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for tiny work performed prior to approval of insurance by the City. 12 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold Harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims forpersonal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2382.8, to claims that arise of, pertain to, or relate to the negligence, recklessness; or willful misconduct of the Consultant. Rage 5 of I I 25C -7 13. NOTICE Any notice, tender; demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly ]riven if delivered in person or mailed by first class or certified mail, postage prepaid, in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702-1988 Copies to: Public Works Agency - Executive Director City Hall -Ross Annex -4th Floor 20 Civic Center Plaza (M -21) Santa Aria, California 92702 To Consultant: NeighborWorks Orange County 128 F. patella Avenue, Suite 200 Orange, CA 92867 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 6 of 11 25C -8 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements: b. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and as it may be amended or updated throughout the term of this Agreement, C. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office of Traffic Safety: Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination; copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. e. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. f. Section 504 of the Rehabilitation Act of 1973 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. Page 7 of 11 25C -9 g. Americans with Disabilities Act of 1990 (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. h. Politigal Activity- None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act ", Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title I1 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination IRegulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency; or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S, Department of Justice, ;j. Consultant, and all its contractors (or sub - recipients) will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. k. Consultant, and all its contractors (or sub- recipients) will comply with all requirements of the Copeland "Anti - Kickback" Act (18 U,S,C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable. 1. Consultant, and all its contractors (or sub - recipients) will comply with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. m. Consultant, and all its contractors (or sub - recipients) will comply with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. Page 8 of 11 25C -10 n. Consultant, and all its contractors (or sub- recipients) will comply with all applicable standards, orders or requirements issued under s e ction 306 of the Clean Air Act (42 U.S.C. 18570,1)), Section 508 of the Clean Water Act (33 U,S,C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub- recipients) will comply with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar, 11, 1988, as arnended at 60 FR 19639; 19645, Apr: 19; 1995), as applicable. P. Consultant, and all its contractors (or sub - recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570. q. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. r. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use; and to authorize others to use, for federal government, SAA or City purpose any work developed through this Agreement. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant 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 Consultant 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. 17. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer; delegate; or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered Page 9 of 11 25C -11 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. 19. JUIUSDICTION -VENUE This Agreement has been executed and delivered in the State of California mid 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. 19, FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services, 20. 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. b. All Attachments referenced herein and attached hereto shall be incorporated as if frilly set forth in the body of this Agreement, IN WITNESS WHERE, OF, the parties hereto have executed this :Agreement the date and year first above written. ATTEST; MARIA D, IIUILAR Clerk of the Council CITY OF SANTA ANA GERARDO MOUET Acting City Manager Page 10 of II 25C -12 APPROVED AS TO FORM: SONIA R. CARVALI -10 City Attorney By; JOHN M. FUNI'. Assistant City Attorney RECOMMENDED FOR APPROVAL; CONSULTANT FRED MOUSAVIPOUR NAME; Executive Director TITLE: Public Works Agency Page I I of I I 25C -13 EXHIBIT A SCOPE OF WORK Task1: Conduct Traffic Skills 101 Bike Education Classes— Conduct five (5) adult bike education classes in the City Of Santa Ana. At least two (2) of these classes will be taught in Spanish, Traffio Skills 101 is designed to increase bicyclist's safety awareness of common car /bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the Importance of helmet use when riding a bicycle. Likewise, the rights and responsibilities of cyclists are embedded throughout the classroom and on -bike instruction to help increase the number of cyclists riding safely and legally. The classroom session offers students a theoretical explanation of vehicular cycling principles supported by relevant examples of safe cycling using audio /visual and group Learning techniques. Students are required to complete the classroom session before taking the on -bike session. The on -bike session provides practical application of the theoretical element to give each student a fundamental understanding of safe, legal end effective cycling techniques to reach any destination by bicycle. Students first practice bike - handling skills and evasive maneuvers on a vacant paved area before riding on city streets In a group ride led by experienced instructors Following each classes surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Task 2: Organ lie and Host a League Cycling Instructor (LCi) Certification Seminar To ensure the longevity of the program one LCI Seminar will be conducted before the final month of the funding cycle, September 2017, Completion of a Traffic Skills 101 course is a prerequisite for attending the seminar, LCI candidates will be cultivated from the participants in the Traffic Skills 101 classes, especially cyclists who demonstrate knowledge and experience combined with a desire to make cycling safe and accessible for others. Prior to the seminar, LCI candidates are required to take an open -book exam and achieve a score of 85% or greater in order to attend the seminar. The League of American Bicyclist's assigns Coaches from among a small group of Its Master instructors who are experienced at leading Seminars and coaching others to teach safe cycling. All Seminar Coaches have at least four years - experience teaching students as LCis, and have attended several LCI Seminars as observers and assistant coaches. Each coach has a broad knowledge of bicycle safety Instruction and equipment maintenance. They are experts In the League's Smart Cycling program. Additionally, many coaches have advanced training in bicycle mechanics, have experience with both mountain biking and road cycling, have done long - distance self- supported cycle touring, are active members of advocacy groups, and serve as officers In their local bicycle clubs. The LCI seminar is a comprehensive train the trainer workshop that includes 25 hours of Instruction, exercises and practice teaching both In the classroom and on the bike. The seminar emphasis is on how to teach bicycle safety and handling skills that provide increased comfort and confidence for new and returning cyclists and youth. During the seminar each LCI candidate is given the opportunity to practice teach parts of the Traffic Skills 101 curriculum, both in the classroom and on a vacant parking lot. Feedback from Coaches and Peer critiques are an Important part of this activity. Certified instructors can teach the League of American Bicyclists Smart Cycling classes to children as well as adults. The League's Smart Cycling bicycle education curriculum includes Traffic Skills 25C -14 101 (the basic introductoryltntermedlate course for a advanced adult course), Kids 7 (designed for parent, Kids 2 (designed for children age 10.14). A readily a experienced LCfs will help sustain the program and within the region. "cask 3 Procure Supplies and Conduct tLuces Vivaal Events —, iLuoes Vlvasi Is an education and bike light distribution program Int riding bikes in Santa Ana are riding safely at night, When riding at n front light and rear reflectors are required by law (CVC21201), Mori lights and reflectors is dangerous, According to the most recent dot Traffic Safety Administration, 0% of bicyclist fatalities in 2012 In the and 48% of the bicyclist fatalities occurred between 4:00 pm and m Safety Facts" April 2014 DOT HS 812 018), Our goal is to seek out for various reasons, especially riders who may not have the means The City and community partners will organize tLuces Vlvas distributions at undisclosed locations throughout Santa Ana expected to be high and where the Citvhas aeon a >historvc Im to other elites sure people a, a white n them front and rear lights along with an information "spoke card" that explains the taw for riding at nightas well as tips they should know for night tune safety, The spoke cards are printed in English and Spanish and tLuces Vivasl will include at least a few members who speak Spanish (as well as female members to encourage female riders to stop). Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet, The selected consultant will be responsible for procuring 1,$00 helmets and 1,500 >bi,cycle lights that meet the CTS Buy America requirements. It is expected that100 -150 light sets and /or helmets will be distributed at each event, depending on expected' bicyclist volume. Our goal will be to distribute at the lights and helmets allocated for each event, Task 4: Conduct, Pedestrian and Bicycle Traffic Safety Fairs Gonductfour (4) pedestrian and bicycle traffic safetyfalrs, In the spirit of a bike rodeo, the Traffic Safety Fair Would teach students how to interact with the roadway and traffic, Whether they are walking or biking, the goal of the course would be to increase safety awareness and confidence of the student, The class would cover everything from using the different Intersection devices, bicycling in the roadway, bicycle safety inspections, and ftelmetfit, The course would use a combination of simulation and hands on training to teach (he student how to snake safe decisions while walking or riding within the roadway. The training would utilize.chalk, cardboard out -outs, and other techniques to simulate possible roadway conditions /hazards, Classes would be conducted on a safe fiat area on local public parks and/or school grounds. Age appropriate bicycles would be made available for youth that do not have their bicycle with them. Students that complete both the pedestrian and bicycle seotlon would receive a free helmet and lights. 25C -15 Task 5: promote Travel Safe, Share the Space Media Campaigrn Campaign and procured a limited run of direct media purchase as part off previous'QfS grant. The direct media campaign Included 36 street light banners and 12 transit stop advertisements, as Well as printed collateral materials and a webstte with bicycle safety information. Each direct media installation ran for 90 -days. This program would utiilze the artwork developed by the previous program for a cityvAde extended direct media campaign, The City of Santa Ana would procure a minimum of 72 banner Installations for 180 days and 24 transit stop advertisements for go- days, City staff will help coordinate the identification of responsible contractor for the installation of this work. The budget for this task has been identified by the grant as $85,520 25C -16 EXHIBITB 25C -17 25C -18 CONTRACT AGREEMENT STATEMENT NeighborWorks Orange County concurs with the sample contract agreement provided in the RFP as Attachment B. FIRM AND TEAM EXPERIENCE NeighborWorks Orange County has been working with the community in Orange County since 1977. Our work includes working with residents and community leaders to work on issues they determine are important to the area. Approximately 3 years ago our Community Building Coaching Team began to work with a group of residents who identified biking and bicycle safety was an issue they wanted to focus on. This team of residents grew to form Santa Ana Active Streets (SAAS). Since 2013, SAAS has been and is a community -based coalition cultivating diverse community participation in creating a safe and accessible environment for active transportation in Santa Ana. SAAS has engaged residents with the emerging active transportation movement by working with youth, local organizations, and policy makers in the following ways: • Hosting educational workshops and activities on the health, safety, and environmental elements of active transportation. SASS has hosted 35 workshops and reached over 900 participants, including 8 ATLP workshops, 16 Luces Vivas community events and 1 l Bike Safety Classes, including LCI seminars in 2015. • Leading policy advocacy campaigns for progressive active transportation policy and infrastructure changes. Leading policy advocacy campaigns for progressive active transportation policy and infrastructure changes. A team of about 5 youth led a Complete Streets policy campaign for safe bike lanes in Central Santa Ana. They produced a Bikeability Assessment which include community -based data and research. This work helped secure $2.3 million for a 1.7 mile protected bike lane which will connect 8 public schools, a park, a bike trail, and multiple small businesses, churches and commercial centers. • Coordinating community friendly bike rides or walk events in local areas and neighborhoods. In 2015, SASS conducted 10 rides /walks involving 250 participants, and in 2016, have had 5 additional events including 5 SAASy Thursday and Ride of Silence events serving 75 participants. SAAS coalition partner organizations include the following local non - profits: • NeighborWorks Orange County works to strengthen communities and enhances the quality of life for working families by expanding housing opportunities, promoting sound financial management, and encouraging civic engagement • The Bicycle Tree supports bicyclists and create healthy bicycle - friendly communities through activities, advocacy and education. Kid Works transforms challenged neighborhoods in central Santa Ana by building on the strengths and potential in the community through education, character formation, and personal development. 25C -19 • Latino Health Access assists in improving the quality of life and health of the uninsured, under - served people through quality preventive services and educational programs emphasizing responsibility and full participation in decisions affecting health. The entire coalition brings over 15 years of experience in working with and providing the community bicycle and safety education programs. The work for the execution of tasks one through five will be divided among all the non - profit partners and resident leadership who are part of the coalition. The coalition recognizes that it requires the assistance of a Project /Program coordinator to assist will day to day activities. Part of this funding will be utilized to hire a part time project /program coordinator to work 20 hours a week for 10 months. This position will be an independent contractor position. The Project Owner is NeighborWorks Orange County who will be responsible for contractual obligations, reporting and compliance. SAAS and its collaborative members will be responsible for executing the day to day items needed for tasks one through five. UNDERSTANDING OF NEED According to the California Office of Traffic Safety, among the 14 California cities with a population over 250,000, in 2013 the city of Santa Ana had the 3rd highest rate of traffic fatalities and injuries, the 5th highest rate of pedestrian fatalities or injuries (31d for pedestrians under 15 years old), and the highest rate in the state for bicyclists killed and injured. The number of annual pedestrian collisions has remained consistently high for years, and despite various safety initiatives implemented in the city, the number of annual bicycle collisions has increased every year from 2006 to 2013. From 2005 -2014, pedestrians accounted for approximately 55% of traffic fatalities, while nearly 12% were bicyclists; in both cases, these vulnerable road users suffered fatalities at much higher rates than the proportion of trips taken by these modes. For example, the American Community Survey for these years indicates that around 2% of Santa Ana's workers travel to their workplace on foot, while fewer do so by bicycle, and approximately 8% use transit (which typically has a walking or biking component). Clearly, these high rates of collisions, injuries, and fatalities need to be remedied with strong action. The city is making impressive strides toward improving the built environment of Santa Ana's streets as described in their Safe Mobility Santa Ana plan, utilizing detailed data and community outreach to identify problem areas and seeking to address them using a diverse toolbox of infrastructure treatments and education strategies. Though profoundly influenced by the built environment, the behaviors of road users are ultimately what cause injury and death. Various unsafe and illegal behaviors can be identified as causative factors in Santa Ana collision records. From 2005 -2014, at least 25C -20 one party was identified as having been drinking or under drug influence in at least 42% of fatal collisions. 21.5 % of all Santa Ana pedestrian collisions occurred at mid -block locations; these collisions can be reduced by encouraging pedestrians to cross at intersections. Among bicyclists, sidewalk and wrong -way riding have been identified as collision -prone behavior, with this type of riding involved in over half of collisions with right- turning motor vehicles and with motor vehicles pulling out of driveways. By illustrating and communicating the dangers and consequences of unsafe behaviors, an effective campaign can go a long way to save lives. Understanding the need to educate residents about safe behaviors, the City has undertaken a number of pedestrian and bicycle safety education initiatives, including the 2016 Bicycle Safety Education and Outreach Campaign largely implemented by Santa Ana Active Streets (SAAS). This campaign included bicycle safety classes and bike light and helmet distributions. The City offered these classes and safety accessories at no charge to participants and recipients, recognizing that the per capita income of Santa Ana residents is less than half the county -wide rate, while the proportion of persons in poverty is nearly double that of the county as a whole. The 2016 Bicycle Safety Education and Outreach Campaign included several classroom and on- the -bike safety classes taught in Spanish, responding to the fact that the city's residents are over 75% Latino, with over 80% of residents speaking a language other than English at home. Santa Ana Active Streets is a coalition of members of the Santa Ana community committed to improving the safety of our friends, neighbors, associates, and clients. We are a part of and a reflection of the city we serve, with many collective years of experience with outreach and community engagement. Our operation of the 2016 Bicycle Safety Education and Outreach Campaign yielded many successes and lessons learned, which we intend to help us successfully implement 2017's Bicycle and Pedestrian Safety Education Program. With a clear understanding of the various tasks of this program and the work involved to do them, we are confident that we can meet the program requirements on time and on budget. RELEVANT PROJECT EXPERIENCE Below you will find a list of projects SAAS has completed. As mentioned before, NeighborWorks will work with SAAS for this project. Central Santa Ana Complete Streets Plan: SAAS was sub - contracted to lead outreach and project coordination efforts for the Central Santa Ana Complete Streets Plan. Core responsibilities included producing an 25C -21 outreach plan and supporting materials, reaching out to diverse partners and residents, facilitating community charrettes, and assembling an Advisory Committee. Outreach strategies included door -to -door, flyer distribution at schools and churches, announcements at community meetings, bike rides, and social media or email blasts. SAAS coordinated family friendly activities and a bike and walk audit at the 4 -day community charrettes in which 150 residents participated. Year: December 2015- Current Client: KTU +A, Planning and Landscape Architecture firm Contact Person: Joe Punsalan, Senior Associate, (619) 294 -4477, ioe @ktua.com Bicycle and Pedestrian Safety Education Program: SAAS was sub - contracted to coordinate the outreach and development of the Bicycle and Pedestrian Safety Program accessible to all Santa Ana residents. SAAS assisted with the development of curriculum and logistics of scheduling for 10 Traffic Safety 101 classes. Members of SAAS served as course instructors and outreached to recruit participants through existing networks and social media. SAAS coordinated and hosted 10 bicycle light and helmet distributions at busy corner intersections in the city. SAAS assisted with the coordination of the LCI Seminar and recruited local residents to train. Year: January 2016- September 2016 Client: Alta Planning + Design, Inc. Contact Person: Ryan Johnson, Senior Planner, (213) 437- 3392, ryanjohnson @altaplanning.com Active Transportation Leadership Program: SAAS administered the Active Transportation Leadership Program in Santa Ana through a partnership of 4 non - profit organizations. The program included coordinating eight educational workshops on active transportation policy and advocacy in which 50 adult and youth residents participated. SAAS facilitated the development of a youth led advocacy project for a bike trail extension that connected low- income neighborhoods to the downtown area. Program activities included the coordination of bike maintenance workshops and community bike rides and the participation at state trainings and conferences. Year: January 2015- December 2015 Client: Alliance for a Healthy Orange County Contact Person: Michele Martinez, (714) 887 -9845, michele@ochealthalliance.org, 25C -22 N C a CL a CL G C3 U m 0 C5 0 0 c 0 U (D X N N O N C a N O Q O Q 0 C C a C3 C 0) a a w vUi U N � h IF— LU .Y Y C v 61 O N K ai N 0 O 7 a 0 Q) E m Z c cu w Q1 Q N CC a d O t Q O v m C bA M ■■■ ■■■■■■■■■■ ®■■ ■■■ ■■■■■■■■■■■■■ ■■■ ■■■ ■■■■■■■■■■■■■ ■■■■■■■■■ ■■■ ■■■ ■■■■■■■■■■ ■■■ LL CIA .Y Y C v 61 O N K ai N 0 O 7 a 0 Q) E m Z c cu w Q1 Q N CC a d O t Q O v m C bA M 25C -24 ,y BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO.: 16 -137 CITY OF SANTA ANA Santa Ann Public Works Department 20 Civic Center Plaza Santa Ana, CA 92701 KEY RFP DATES: Issue Date: Deadline for Requests for Information Proposal Due Date: Projected Award Date: Cory Wilkerson Project Manager (714) 647.5643 Office cwilkerson@santa- ana.org Fred Mobsavipour Executive Director Public Works Agency Thursday, November 3, 2016 Thursday, November 10, 2016 Tuesday, November 22, 2016 — 2:00 p.m. Tuesday, December 20, 2016 i7 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Bicycle Safety Education and Outreach. Responses to this Request for Proposals (RFP) will be accepted until Tuesday, November 22 at 2:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.org /bids -rfpss. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. Questions regarding this Request for Proposals shall be made in writing via e -mail to the Project Manager as identified on the cover of this RFP and per "Instructions To Proposers Section II.0 ". Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 15 -117; BICYCLE SAFETY EDUCATION AND OUTREACH IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Cory Wilkerson Public Works Agency; 20 Civic Center Plaza; 4th Floor, Ross Annex Santa Ana, CA 92701 Proposals shall be MAILED, HAND DELIVERED, OR COURIERED. LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The City has established a DBE goal for this Contract of 11.82% (8.63% Race Neutral and 3.19% Race Conscious). City of Santa Ana RFP 16 -137 2 5��6 (9) [a]WrKrd3_M` IM, m REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO. 16 -137 TABLE OF CONTENTS I. INTRODUCTION I DESCRIPTION OF WORK 4 II. INSTRUCTIONS TO PROPOSERS 4 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. CITY RIGHT TO REJECT I. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS I. STATEMENT OF QUALIFICATIONS II. FEE PROPOSAL III. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 8 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD g A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 8 A. KICK -OFF MEETING B. NOTICE TO PROCEED VII.PUBLIC RECORDS g VIII. APPENDIX ATTACHMENT A: SCOPE OF WORK ATTACHMENT B: SAMPLE AGREEMENT ATTACHMENT C: CERTIFICATIONS City of Santa Ana RFP 16 -137 2-17 (a CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO. 16 -137 I. INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana is seeking outreach and bicycle safety education services. A detailed Scope of Work is attached herein as Attachment A, as part of the Appendix. II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. Compliance With Requirements of Fundinq Agency: This contract will be funded through a grant from the State of California Office of Traffic Safety (OTS) and Proposer shall comply with all requirements of OTS, which can be found at http: / /www.ots.ca.gov C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D.ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. City of Santa Ana RFP 16 -137 258 C E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa- ana.org /bids -rfps. H. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. I. BID PROTESTS Any protest must be submitted in writing to Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Bid protests sent via mail or overnight carrier must be received by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. The initial protest document shall contain a complete statement of the basis for the protest. II. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. City of Santa Ana RFP 16 -137 25-0 =29 0 III. The protest shall include the name, address and telephone number of the person representing the protesting party. IV. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. V. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this bid protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. VI. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. VII. The Executive Director of Public Works or designee will issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. VIII. The procedure and time limits set forth in this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of Bid protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. III. SUBMITTAL REQUIREMENTS A.GENERAL I. Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your Statement of Qualifications shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana, per the "Notice Inviting Proposals ". One (1) copy of your Fee Proposal shall be submitted, as outlined below. Il. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: I. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments). Font size shall City of Santa Ana RFP 16 -137 25tsog130 (9) be minimum 11 -pt. The page limitation includes all appendices, attachments, and supplemental information. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. !. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the sample contract agreement attached herein as Attachment B, as part of the Appendix. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team /sub - consultants who will be providing services, that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 4. Understanding Of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and /or exclusions used in preparation of the scope of work and associated fee estimate. 5. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 6. Schedule: Proposal shall include a timeline to complete the project, based upon the Scope of Work as detailed in Attachment A of this RFP and availability of skilled labor force. II. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal ". This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule where applicable and as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. III. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment C -1: Non - Collusion Affidavit • Attachment C -2: Non - Lobbying Certification City of Santa Ana RFP 16 -137 260-x31 • j!A IV. PROPOSAL REVIEW (CONSULTANT SELECTIOND A. EVALUATION AND RATING The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm /Team Experience 15% • Understanding of Need 25% • Relevant Project Experience 15% • Local Community Experience 30% • Familiarity with Grant Source 15% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT A sample Agreement is attached herein as part of the Appendix. "Proposer" will hereinafter be referred to as "Consultant' The term of the contract will begin after the contract agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. VI. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following kick -off meeting, a formal Notice to Proceed (NTP) will be issued to begin work. For "On -Call" contracts, Consultant will be notified by individual City Project Managers on a case -by- case basis to request project /task specific proposals. Written NTPs will be then issued accordingly. City of Santa Ana RFP 16 -137 25 12 u VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 16 -137 2633 N APPENDIX ATTACHMENT A SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO.: 16 -137 SCOPE OF WORK Task 1: Conduct Traffic Skills 101 Bike Education Classes— Conduct five (5) adult bike education classes in the City of Santa Ana. At least two (2) of these classes will be taught in Spanish. Traffic Skills 101 is designed to increase bicyclist's safety awareness of common car /bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a bicycle. Likewise, the rights and responsibilities of cyclists are embedded throughout the classroom and on -bike instruction to help increase the number of cyclists riding safely and legally. The classroom session offers students a theoretical explanation of vehicular cycling principles supported by relevant examples of safe cycling using audio /visual and group learning techniques. Students are required to complete the classroom session before taking the on -bike session. The on -bike session provides practical application of the theoretical element to give each student a fundamental understanding of safe, legal and effective cycling techniques to reach any destination by bicycle. Students first practice bike - handling skills and evasive maneuvers on a vacant paved area before riding on city streets in a group ride led by experienced instructors. Following each classes surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Task 2: Organize and Host a League Cycling Instructor (LCI) Certification Seminar — To ensure the longevity of the program one LCI Seminar will be conducted before the final month of the funding cycle, September 2017. Completion of a Traffic Skills 101 course is a prerequisite for attending the seminar. LCI candidates will be cultivated from the participants in the Traffic Skills 101 classes, especially cyclists who demonstrate knowledge and experience combined with a desire to make cycling safe and accessible for others. Prior to the seminar, LCI candidates are required to take an open -book exam and achieve a score of 85% or greater in order to attend the seminar. The League of American Bicyclist's assigns Coaches from among a small group of its Master Instructors who are experienced at leading Seminars and coaching others to teach safe cycling. All Seminar Coaches have at least four years- experience teaching students as LCIs, and have attended several LCI Seminars as observers and assistant coaches. Each coach has a broad knowledge of bicycle safety instruction and equipment maintenance. They are experts in the League's Smart Cycling program. Additionally, many coaches have advanced training in bicycle mechanics, have experience with both mountain biking and road cycling, have done long- distance self - supported cycle touring, are active members of advocacy groups, and serve as officers in their local bicycle clubs. The LCI seminar is a comprehensive train the trainer workshop that includes 25 hours of instruction, exercises and practice teaching both in the classroom and on the bike. The seminar emphasis is on how to teach bicycle safety and handling skills that provide increased comfort and confidence for new and returning cyclists and youth. During the seminar each LCI candidate is given the opportunity to practice teach parts of the Traffic Skills 101 curriculum, both in the classroom and on a vacant parking lot. City of Santa Ana RFP 16 -137 2! �C*4 Feedback from Coaches and Peer critiques are an important part of this activity. Certified instructors can teach the League of American Bicyclists Smart Cycling classes to children as well as adults. The League's Smart Cycling bicycle education curriculum includes Traffic Skills 101 (the basic introductory/intermediate course for adult cyclists), Traffic Skills 201 (an advanced adult course), Kids 1 (designed for parents of children under 10 years of age), and Kids 2 (designed for children age 10 -14). A readily available stable of knowledgeable and experienced LCI's will help sustain the program and foster growth and expansion to other cities within the region. Task 3: Procure Supplies and Conduct ILuces Vivas! Events- iLuces Vivas! is an education and bike light distribution program intended to make sure people riding bikes in Santa Ana are riding safely at night. When riding at night in California, a white front light and rear reflectors are required by law (CVC21201). More importantly, riding without lights and reflectors is dangerous. According to the most recent data from the National Highway Traffic Safety Administration, 69% of bicyclist fatalities in 2012 in the U.S. were in urban areas, and 48% of the bicyclist fatalities occurred between 4:00 pm and midnight (NHTSA "Traffic Safety Facts" April 2014 DOT HS 812 018). Our goal is to seek out people riding without lights for various reasons, especially riders who may not have the means or time to acquire lights on their own. The City and community partners will organize iLuces Vivas! to meet for ten (10) street distributions at undisclosed locations throughout Santa Ana where night -time bicycle ridership is expected to be high and where the City has seen a history of incidents involving bicyclists at night. iLuces Vivas! members will stop people who are riding bikes without lights in order to give them front and rear lights along with an information "spoke card" that explains the law for riding at night as well as tips they should know for night -time safety. The spoke cards are printed in English and Spanish and iLuces Vivas! will include at least a few members who speak Spanish (as well as female members to encourage female riders to stop). Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. The selected consultant will be responsible for procuring 1,500 helmets and 1,500 bicycle lights that meet the OTS Buy America requirements. It is expected that100 -150 light sets and /or helmets will be distributed at each event, depending on expected bicyclist volume. Our goal will be to distribute all the lights and helmets allocated for each event. Task 4: Conduct Pedestrian and Bicycle Traffic Safety Fairs Conduct four (4) pedestrian and bicycle traffic safety fairs. In the spirit of a bike rodeo, the Traffic Safety Fair would teach students how to interact with the roadway and traffic. Whether they are walking or biking, the goal of the course would be to increase safety awareness and confidence of the student. The class would cover everything from using the different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. The course would use a combination of simulation and hands on training to teach the student how to make safe decisions while walking or riding within the roadway. The training would utilize chalk, cardboard cut -outs, and other techniques to simulate possible roadway conditions /hazards. Classes would be conducted on a safe flat area on local public parks and /or school grounds. Age appropriate bicycles would be made available for youth that do not have their bicycle with them. Students that complete both the pedestrian and bicycle section would receive a free helmet and lights. City of Santa Ana RFP 16 -137 25%P'35 Task 5: Promote Travel Safe, Share the Space Media Campaign: In 2014/2015 the City of Santa Ana developed artwork for the Travel Safe, Share the Space Campaign and procured a limited run of direct media purchase as part of a previous OTS grant. The direct media campaign included 36 street light banners and 12 transit stop advertisements, as well as printed collateral materials and a website with bicycle safety information. Each direct media installation ran for 90 -days. This program would utilize the artwork developed by the previous program for a citywide extended direct media campaign. The City of Santa Ana would procure a minimum of 72 banner installations for 180 days and 24 transit stop advertisements for 90 -days. City staff will help coordinate the identification of responsible contractor for the installation of this work. The budget for this task has been identified by the grant as $65,520 City of Santa Ana RFP 16 -137 25�=3� APPENDIX ATTACHMENT B SAMPLE AGREEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO.: 16 -137 THIS AGREEMENT, made and entered into this day of , 20_ by and between (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Consultant having special skill and knowledge in the field of Consultant represents that Consultant is able and willing to provide such services to the City and is licensed by the State of California to provide 3. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide services, as set forth in the, Scope of Services attached hereto as Attachment A, and incorporated by this reference. Said services shall be provided on an on -call basis, at the written request of the Executive Director of Public Works. II. DEFINITIONS (if any) III. TERMS AND CONDITIONS A. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. B. TERM The term of this Agreement shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to ( #) additional City of Santa Ana RFP 16 -137 25CM 0 ( #) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the initial term or any extension thereof. C. COMPENSATION City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Consultant's proposal, attached hereto as Attachment B. The amount to be expended for services shall not exceed ($) annually during the term of this agreement. Invoices a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and % of total services completed 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Retention: City shall retain ten (10 %) of the contract price for each project until the completed Project has been accepted and deliverables received by the City. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services." 5. Extra Work No additional work shall be authorized unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Consultant will be required to provide detailed information of such extra work. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. DELIVERY OF SERVICES Consultant agrees to provide schedule and deliverables as set forth in Consultant's proposals attached hereto as Attachment C. E. INDEPENDENT CONTRACTOR Consultant shall during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Consultant performs the services required by this Agreement. However, the services to be provided by Consultant shall City of Santa Ana 3`00 RFP 16 -137 26tt g r (a) be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. F. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($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 insured's provisions. 2. Business Automobile Liability Insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Consultant is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. Professional Liability Insurance: If Consultant is or employs a licensed professional such as an architect or engineer, Consultant is required to carry Professional Liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: a. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been City of Santa Ana RFP 16 -137 25:J39 procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. H. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Public Works Agency — Traffic Division To Consultant: TERMINATION The City reserves the right to terminate the Agreement as follows: This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Consultant either personally or by mail. Upon termination, City shall pay to Consultant that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 2. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City City of Santa Ana RFP 16 -137 2040 (a) shall have the right to withhold all or a portion of Consultant's compensation for Agreement services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Consultant fails to satisfactorily perform Agreement services. City shall have the right to retain funds withheld until the projects manager or designee determines that Agreement services are performed as well and as frequently as required by this agreement. J. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Consultant shall perform all requirements under this Agreement in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and as it may be amended or updated throughout the term of this Agreement. 3. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office of Traffic Safety: a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. City of Santa Ana RFP 16 -137 250:1741 (a e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub - recipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant, and all its contractors (or sub- recipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant, and all its contractors (or sub - recipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. City of Santa Ana RFP 16 -137 2 50= (a) I. Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Consultant, and all its contractors (or sub - recipients) will comply, with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CFR Part 570. n. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. o. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose any work developed through this Agreement. N. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate or subcontract t any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. P. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. Q. 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. b. All Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City of Santa Ana RFP 16 -137 25043 (a, 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 Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney M Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency DAVID CAVAZOS City Manager CONSULTANT City of Santa Ana RFP 16 -137 200144 U APPENDIX ATTACHMENT C -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO.: 16 -137 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS 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 bid 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 - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California 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. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 16 -137 2%M-45 APPENDIX ATTACHMENT C -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM RFP NO.: 16 -137 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any 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 federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities'. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 16 -137 2046 CONTRACT AGREEMENT STATEMENT NeighborWorks Orange County concurs with the sample contract agreement provided in the RFP as Attachment B. FIRM AND TEAM EXPERIENCE NeighborWorks Orange County has been working with the community in Orange County since 1977. Our work includes working with residents and community leaders to work on issues they determine are important to the area. Approximately 3 years ago our Community Building Coaching Team began to work with a group of residents who identified biking and bicycle safety was an issue they wanted to focus on. This team of residents grew to form Santa Ana Active Streets (SAAS). Since 2013, SAAS has been and is a community -based coalition cultivating diverse community participation in creating a safe and accessible environment for active transportation in Santa Ana. SAAS has engaged residents with the emerging active transportation movement by working with youth, local organizations, and policy makers in the following ways: • Hosting educational workshops and activities on the health, safety, and environmental elements of active transportation. SASS has hosted 35 workshops and reached over 900 participants, including 8 ATLP workshops, 16 Luces Vivas community events and 1 1 Bike Safety Classes, including LCI seminars in 2015. • Leading policy advocacy campaigns for progressive active transportation policy and infrastructure changes. Leading policy advocacy campaigns for progressive active transportation policy and infrastructure changes. A team of about 5 youth led a Complete Streets policy campaign for safe bike lanes in Central Santa Ana. They produced a Bikeability Assessment which include community -based data and research. This work helped secure $2.3 million for a 1.7 mile protected bike lane which will connect 8 public schools, a park, a bike trail, and multiple small businesses, churches and commercial centers. • Coordinating community friendly bike rides or walk events in local areas and neighborhoods. In 2015, SASS conducted 10 rides /walks involving 250 participants, and in 2016, have had 5 additional events including 5 SAASy Thursday and Ride of Silence events serving 75 participants. SAAS coalition partner organizations include the following local non - profits: • NeighborWorks Orange County works to strengthen communities and enhances the quality of life for working families by expanding housing opportunities, promoting sound financial management, and encouraging civic engagement • The Bicycle Tree supports bicyclists and create healthy bicycle - friendly communities through activities, advocacy and education. • Kid Works transforms challenged neighborhoods in central Santa Ana by building on the strengths and potential in the community through education, character formation, and personal development. 25C -47 • Latino Health Access assists in improving the quality of life and health of the uninsured, under - served people through quality preventive services and educational programs emphasizing responsibility and full participation in decisions affecting health. The entire coalition brings over 15 years of experience in working with and providing the community bicycle and safety education programs. The work for the execution of tasks one through five will be divided among all the non - profit partners and resident leadership who are part of the coalition. The coalition recognizes that it requires the assistance of a Project /Program coordinator to assist will day to day activities. Part of this funding will be utilized to hire a part time project /program coordinator to work 20 hours a week for 10 months. This position will be an independent contractor position. The Project Owner is NeighborWorks Orange County who will be responsible for contractual obligations, reporting and compliance. SAAS and its collaborative members will be responsible for executing the day to day items needed for tasks one through five. UNDERSTANDING OF NEED According to the California Office of Traffic Safety, among the 14 California cities with a population over 250,000, in 2013 the city of Santa Ana had the 3rd highest rate of traffic fatalities and injuries, the 5th highest rate of pedestrian fatalities or injuries (3rd for pedestrians under 15 years old), and the highest rate in the state for bicyclists killed and injured. The number of annual pedestrian collisions has remained consistently high for years, and despite various safety initiatives implemented in the city, the number of annual bicycle collisions has increased every year from 2006 to 2013. From 2005 -2014, pedestrians accounted for approximately 55% of traffic fatalities, while nearly 12% were bicyclists; in both cases, these vulnerable road users suffered fatalities at much higher rates than the proportion of trips taken by these modes. For example, the American Community Survey for these years indicates that around 2% of Santa Ana's workers travel to their workplace on foot, while fewer do so by bicycle, and approximately 817. use transit (which typically has a walking or biking component). Clearly, these high rates of collisions, injuries, and fatalities need to be remedied with strong action. The city is making impressive strides toward improving the built environment of Santa Ana's streets as described in their Safe Mobility Santa Ana plan, utilizing detailed data and community outreach to identify problem areas and seeking to address them using a diverse toolbox of infrastructure treatments and education strategies. Though profoundly influenced by the built environment, the behaviors of road users are ultimately what cause injury and death. Various unsafe and illegal behaviors can be identified as causative factors in Santa Ana collision records. From 2005 -2014, at least 25C -48 one party was identified as having been drinking or under drug influence in at least 42% of fatal collisions. 21.5 % of all Santa Ana pedestrian collisions occurred at mid -block locations; these collisions can be reduced by encouraging pedestrians to cross at intersections. Among bicyclists, sidewalk and wrong -way riding have been identified as collision -prone behavior, with this type of riding involved in over half of collisions with right- turning motor vehicles and with motor vehicles pulling out of driveways. By illustrating and communicating the dangers and consequences of unsafe behaviors, an effective campaign can go a long way to save lives. Understanding the need to educate residents about safe behaviors, the City has undertaken a number of pedestrian and bicycle safety education initiatives, including the 2016 Bicycle Safety Education and Outreach Campaign largely implemented by Santa Ana Active Streets (SAAS). This campaign included bicycle safety classes and bike light and helmet distributions. The City offered these classes and safety accessories at no charge to participants and recipients, recognizing that the per capita income of Santa Ana residents is less than half the county -wide rate, while the proportion of persons in poverty is nearly double that of the county as a whole. The 2016 Bicycle Safety Education and Outreach Campaign included several classroom and on- the -bike safety classes taught in Spanish, responding to the fact that the city's residents are over 75% Latino, with over 80% of residents speaking a language other than English at home. Santa Ana Active Streets is a coalition of members of the Santa Ana community committed to improving the safety of our friends, neighbors, associates, and clients. We are a part of and a reflection of the city we serve, with many collective years of experience with outreach and community engagement. Our operation of the 2016 Bicycle Safety Education and Outreach Campaign yielded many successes and lessons learned, which we intend to help us successfully implement 2017's Bicycle and Pedestrian Safety Education Program. With a clear understanding of the various tasks of this program and the work involved to do them, we are confident that we can meet the program requirements on time and on budget. RELEVANT PROJECT EXPERIENCE Below you will find a list of projects SAAS has completed. As mentioned before, NeighborWorks will work with SAAS for this project. Central Santa Ana Complete Streets Plan: SAAS was sub - contracted to lead outreach and project coordination efforts for the Central Santa Ana Complete Streets Plan. Core responsibilities included producing an 25C -49 outreach plan and supporting materials, reaching out to diverse partners and residents, facilitating community charrettes, and assembling an Advisory Committee. Outreach strategies included door -to -door, flyer distribution at schools and churches, announcements at community meetings, bike rides, and social media or email blasts. SAAS coordinated family friendly activities and a bike and walk audit at the 4 -day community charrettes in which 150 residents participated. Year: December 2015- Current Client: KTU +A, Planning and Landscape Architecture firm Contact Person: Joe Punsalan, Senior Associate, (619) 294 -4477, ioe @ktua.com Bicycle and Pedestrian Safety Education Program: SAAS was sub - contracted to coordinate the outreach and development of the Bicycle and Pedestrian Safety Program accessible to all Santa Ana residents. SAAS assisted with the development of curriculum and logistics of scheduling for 10 Traffic Safety 101 classes. Members of SAAS served as course instructors and outreached to recruit participants through existing networks and social media. SAAS coordinated and hosted 10 bicycle light and helmet distributions at busy corner intersections in the city. SAAS assisted with the coordination of the LCI Seminar and recruited local residents to train. Year: January 2016- September 2016 Client: Alto Planning + Design, Inc. Contact Person: Ryan Johnson, Senior Planner, (213) 437- 3392, ryanjohnson @altaplanning.com Active Transportation Leadership Program: SAAS administered the Active Transportation Leadership Program in Santa Ana through a partnership of 4 non - profit organizations. The program included coordinating eight educational workshops on active transportation policy and advocacy in which 50 adult and youth residents participated. SAAS facilitated the development of a youth led advocacy project for a bike trail extension that connected low- income neighborhoods to the downtown area. Program activities included the coordination of bike maintenance workshops and community bike rides and the participation at state trainings and conferences. Year: January 2015- December 2015 Client: Alliance for a Healthy Orange County Contact Person: Michele Martinez, (714) 887 -9845, michele @ochealthalliance.org, 25C -50 Q 0 N C N a m IL a c 0 U T U m 0 a 0 } U N X N N t _O N c a N O a a O W R V a o W O CL J O in N U 2 N D H LU > .m v Q cc 'O Qj L 0 t 0 Q 0 E m z ai .y m Y Q cu cu 0 0 Q 0 v m m c txo m o ® ■ ■ ■ ® ■ ■� ■ ■ ® ■ ■ ■ - ■ ■■ N ® ■ ■ ■ ® ■ ■ ®■ ® ■ ■ ■ ® ■■ lz CQU > .m v Q cc 'O Qj L 0 t 0 Q 0 E m z ai .y m Y Q cu cu 0 0 Q 0 v m m c txo m 25C -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: PAYMENT AUTHORIZATION TO COUNTY OF ORANGE FOR COST ASSOCIATED WITH THE 2016 GENERAL MUNICIPAL ELECTION (STRATEGIC PLAN NO. 4,3D) C14 MANAGER RECOMMENDED ACTION El As Recommended 0 As Amended ❑ Ordinance on 1®1 Reading ( Ordinance on 2nd Reading Implementing Resolution ® Set Public Hearing For CONTINUED TO FILE NUMBER Authorize payment in the amount of $101,037.33 to the County of Orange for payment of consolidations services associated with the 2016 General Municipal Election held on November 8, 2016. DISCUSSION On August 6, 2016, the City Council approved the consolidation of election services with the County of Orange and the Registrar of Voters Office to canvass election returns. The City has received an invoice to cover the actual costs. It is important to note that the actual amount was approximately $30,000 lower than estimated which is a result of the Registrar of Voters Office efforts to print materials in -house and other efficiencies. STRATEGIC PLAN ALIGNMENT Approval of this item supports Strategic Plan Goal #4 - City Financial Stability, Objective #3 (explore innovative revenue and cost recovery strategies), Strategy D (Establish a Committee of City staff to explore innovative and cost recovery strategies (i.e. full cost recovery, receivership program, etc.). FISCAL IMPACT The invoice amount for the consolidation of the General Municipal Election is $101,037.33. Funds for these administrative costs are available in the General Non - Departmental, Contractual Services account no. 01105015 - 62300. FY 2016 -2017. 29A -1 Page 2 Payment Authorization to the County of Orange March 7. 2017 Maria D. Huizar, Clerk of the Council Attachment: Invoice APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez .. Executive Director Finance & Management Services Agency 29A -2 ,ORANGE COUNTY TREASURER -TAX COLLECTOR SHARI L. FREIDENRICH, CPA P.O BOX 4005, SANTA ANA, CA 92702 City of Santa Ana- 1, 3, 5 20 Civic Center Plaza Santa Ana, CA Attention: City Clerk 7017 FED - 7 PM 3: 14 CITY OF SM CLERK OF Cni 92701 i1e #: R717 Invoice Date: 2/3/2017 Account #: TOTAL COST OF I Agency: ROV - 031 QUANTITY DESCRIPTION PRICE AMOUNT I TOTAL COST OF I $101,037.33 $101,037.33 November Presidential General Election held on 11 -8 -16 I See attached cost breakdown I I I i TOTAL DUL $101,037.33 Please detach original payment coupon. Do not staple, tape or clip your coupon to your check. r +• � R717 ••• •• I! 2/3/2017 ' $101,037.33 MAKE CHECK PAYABLE TO: COUNTY OF ORANGE MAILTO: COUNTY OF ORANGE ATTN:TREASURER -TAX COLLECTOR P.O. BOX 4005 SANTA ANA, CA 92702 -4005 Friday, February 03, 2017 For Billing Questions contact: PLEASE VISIT WW W,OCPAYMENT.COM TO PAY BY CREDIT CARD VISADISC 3VER A s CViF.CKBONIC 29A -3 City of Santa Ana- 1, 3, 5 November Presidential General Election held on 11 -8 -16 Cost Based on Registered Cost Based on Mail Voter % -AGE Ballot Precints % -AGE 0.9684% 0.6620% OPERATION Tally Center $906.24 Sample Ballot $13,143.50 Candidate Filing $28.18 Poll Officer Operations $2,763.04 Phone Bank Operations $1.68 Supplies $1,998.47 Postage (Except VBM) $3,143.87 Total Official Ballots $2,627.57 Labor Spread by Mail Ballot Precinct $14,177.66 Labor Spread by Voter Count $21,485.82 Polling Place Rental $307.50 Training Class Facility $0.00 Outreach Activities $76.54 Early Voting $778.38 OUTSIDE LABOR Precinct 1% Canvass Officier $6,267.80 Agency Labor - Warehouse $112.55 Workers $0.00 Agency Labor - Voter Clerk $421.51 CTS Translation $290.13 Other $0.00 SHARED COSTS BY BREAKDOWN (EXCLUDES $39,533.47 $28,996.96 VBM) $13,423.83 TOTAL OF SHARED COSTS (EXCLUDES VBM) $68,530.44 VOTE BY MAIL Ballots /Supplies $5,594.96 Postage $1,193.01 Agency Labor VBM Data $0.00 Entry $2,034.31 Agency Labor VBM Processing $0.00 In -House VBM Labor $6,635.86 Labor (VBM Boards) $0.00 TOTAL VOTE BY MAIL $13,423.83 UNIQUE COSTS Measure PP $7,654.83 Candidate Statements - Invoiced $10,330.00 Signature Verification $1,098.20 REGULAR OPERATIONS Ballots /Sample Ballots $15,771.07 Supplies and Legal Publications $12,191.73 Postage $3,143.87 Other Services and Supplies $2,034.31 Labor $36,487.69 Candidate Statements - Invoiced $10,330.00 Measure $7,654.83 TOTAL UNIQUE COSTS AND REGULAR $87,613.50 OPERATIONS (EXCLUDES VBM) (See next page) Friday, Fet,29AA City of Santa Ana- 1, 3, 5 "INVOICE" VOTE BY MAIL Ballots /Supplies Postage Labor REGULAR OPERATIONS AND UNIQUE COSTS Ballots /Sample Ballots Supplies and Legal Publications Postage Other Services and Supplies Labor Candidate Statements - Invoiced Measure TOTAL INVOICE November Presidential General Election held on 11 -8 -16 COST PER VOTER @ $5,594.96 $1,193.01 $6,635.86 $13,423.83 $15,771.07 $12,191.73 $3,143.87 $2,034.31 $36,487.69 $10,330.00 $7,654.83 $87,613.50 $101,037.33 102,412 $0.99 Friday, Fet,29 Z 29A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE; EXTENSION OF CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR A NEW FULL - SERVICE CAR WASH TO BE LOCATED AT 2402 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3,2) CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' 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. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02. DISCUSSION In April 2015, the City Council affirmed the Planning Commission's decision to approve Conditional Use Permit (CUP) No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02 for the South Coast Speedwash development at 2402 South Bristol Street. The conditional use permit allowed the use of the property for a car wash facility, and the variances were to allow a reduction in required setbacks and parking. Due to the complexities of the project and the challenges of securing services required to engineer the mixed -use project site, which includes a car wash, administration building, and a multi- tenant commercial building, the applicant was unable to move forward with construction before the entitlements expired. The applicant is currently in the Building plan check process but will be unable to begin construction before entitlements expire. Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), CUPS, variances, and other entitlements automatically become void should the property owner fail to institute an action to comply with the provisions of the entitlements 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 CUP and variances and is requesting a one -year extension of the approvals. The applicant has secured the expertise of a well- experienced architectural team and submitted plans into plan check in December 2016. Since the applicant is planning to move forward with the project, the Planning Division recommends that the entitlements for the mixed -use car wash development be extended by a period of one year from the date of City Council approval. 55A -1 Extension of CUP No. 2015 -01 and VA Nos. 2015 -01 & 2015 -02 — South Coast Speedwash at 2402 South Bristol Street. March 7, 2017 Page 2 CEQA COMPLIANCE In accordance with the California Environmental Quality Act, this extension action 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). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hagha ', AICP Executive Director Planning and Building Agency AP:rb ap \reports \Staff Reports for CC \CUP15-1 VA15 -1 &2 I" extension cc Exhibit: 1. Resolution 55A -2 LS 3.7.17 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2015 -01 AND VARIANCE NOS. 2015 -01 AND 2015 -02 FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL 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 April 2015, the City Council affirmed the Planning Commission's decision to approve Conditional Use Permit (CUP) No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02 for the South Coast Speedwash development at 2402 South Bristol 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 able to begin construction of the project. However, the applicant has secured the expertise of experienced architectural and engineering firms and submitted plans into Building plan check in December 2016. 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. This request to extend is the applicant's first for this project's entitlements. E. In accordance with the California Environmental Quality Act, this extension action 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. Section 2. Conditional Use Permit No. 2015 -01 and Variance Nos. 2015 -01 and 2015 -02 are hereby extended for the first period of one (1) year through April 2018. This decision is based upon the evidence submitted, which includes, but is not limited Resolution No. 2017 -XXX 55A -3 Page 1 of 2 to, the Request for Council Action dated March 7, 2017, 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 7th day of March, 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney In Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Resolution No. 2017 -XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: RESOLUTION AUTHORIZING THE SUBMITTAL OF A HOUSING RELATED PARKS GRANT APPLICATION {STRATEGIC PLAN NO. 5, 4A} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I ll if k Adopt a resolution authorizing the submittal of a Housing Related Parks Grant application in the amount of $938,950 for the construction of a park at the southwest corner of Sixth Street and Lacy Street. DISCUSSION The State of California issued a Notice of Funding Availability for the Housing Related Parks Program to provide funds for parks and recreation projects that benefit the community and add to the quality of life. The program award funds on a per- bedroom basis for residential units, affordable to very low- and low- income households, created or converted during the designated program year. The proposed project site is slightly less than half an acre of vacant land across the street from the Garfield Community Center and Elementary School. The project will include, but not limited to, playground equipment, shade structure, tables, community garden, walkways, signage, drought tolerant landscaping, fencing and other site amenities. In 2014, the City submitted an application for this program and received grant funds that were used to develop the Memory Lane /Santa Ana River Park site, next to the Vista Del Rio Housing project. If awarded, this grant will provide another opportunity to add much needed park space to the City. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy A (Support the design and construction of parks to provide increased open space and opportunities for recreation throughout the city, construct the Roosevelt Walker Park and Community Center, and develop 5513-1 Resolution Authorizing the Submittal of a Housing Related Parks Grant Application March 7, 2017 Page 2 concepts and proposals for the Library Park in the Civic Center and Centennial Santa Ana River Eco- Park). FISCAL IMPACT There is no fiscal impact associated with this action at this time. If awarded the grant, staff will submit a request for council action to recognize the grant funds and make any needed appropriation adjustments. Acting Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Resolution 55B -2 2/1117 ies RESOLUTION NO, 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR HOUSING-RELATED PARKS GRANT 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 acid declares as follows: A. The State of California, Department of Housing and Community Development ("State") has issued a Notice of Funding Availability dated, November 16, 2016 (NOFA), under its Housing-Related Parks ("HRP") Program. B. The City of Santa Ana desires to apply for a HRP Program grant and submit the 2016 Designated Program Year Application Package released by the Stale for the HRP Program. -0. The State, is authorized to approve funding allocations for the HRP Program, subject to the temn8,and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. Section 2. The City is hereby authorized and directed to apply for and submit tothe State the HRP Program Appiloatton Package. released November 16, 2016 forthe 2016 Designated Program Year in an amount not to exceed $938,950.00. If the application is approved., the City Is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement ("Standard Agreement",) in an amount not to exceed $938,,950,00, and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the State, and all amendments thereto (collectively, the "HRP Grant Documents"). Section 1 The City shall be subject to the terms and conditions as specified in the Standard Agreement, Funds are to be used for allowable capital asset project expenditures to be Identified in Exhibit of the Standard Agreement The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable, through the Standard Agreement. City agrees to use the funds for eligible capital asset(s) in the manner presented In the application as approved by the State and In accordance with the NOFA and Program Guidelines and Application Package. Section 4. The Executive Director of Parks, Recreation and Community Services Agency or his designee Is authorized to execute in the name of the City the HRP Program Application Package and the HRP Grant Documents as required by the State for participation in the HRP Program, Exhibit 1 55B-3 2/1/17 les Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution, ADOPTED this day of March, 2017 MlQuel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By.Ck #--- t A!;zf�_.- Lisa E, Storck Assistant City Attorney AYES: Cou-milmembers, NOES.' Councilmembers ABSTAIN. Councilmernbers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Hulzar, Clerk, of the Council, do hereby attest to and certify the attached Resolution No, 2017- to be the original resolution adopted,by the City Council of the City of Santa Ana on March _, 2017, Date: Clark of the Council City of Santa Ana Exhibit 1 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 7, 2017 TITLE: PUBLIC HEARING - ADOPT AN ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES (STRATEGIC PLAN NO 5, 4) y RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: : Adopt an Ordinance to Regulate Mobile Food Vending Vehicles February 7, 2017 Page 2 regulations in place. The information gathered served as the findings to formulate staff's recommendations. This effort included a review from the City Attorney's Office staff to ensure adherence and compliance with applicable laws and to ensure we had proper evidence to support our regulations. In an effort to update the Santa Ana Municipal Code (SAMC), City staff recommends that City Council repeal the existing sections in Chapter 36; SAMC section 36 -700 through 36 -720 and SAMC section 36 -50 through 36 -63, and remove said sections from the municipal code. Additionally, to provide reasonable regulations for food and produce vehicles, City staff recommends the adoption of a new Food Vending Vehicle ordinance to protect the public's health and safety in accordance with Vehicle Code section 22455 and the California Retail Food Code and County of Orange Health Care Agency /Environmental Health. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Ha ani, ®f CP Executive Director Planning & Building Agency AN:rb Rb \reports \PBA Vehicle Vending 02 -07 -17 Sonia R. Carvalho City Attorney EXHIBITS: 1. Ordinance to Repeal Former Sections and Adopt New Regulations 2. Findings 75A -2 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -50 THROUGH 36 -63); REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE SECTIONS 36 -700 THROUGH 36 -720); AND ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana expressly finds that vending vehicles pose traffic hazards and special danger to the safety and welfare of children and residents of the City. The City's intent is to provide clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. B. The City Council of the City of Santa Ana previously adopted Article XIV in Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal Code sections 36 -700 through 36 -720). C. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as Santa Ana Municipal Code sections 36 -50 through 36 -63. D. The later ordinances were challenged in an action filed in Orange County Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 preempted the City ordinances because the City regulations were not limited to protecting public safety. E. Following the Vasquez case, the City has not sought to enact or enforce further regulation of food vending vehicles, even though Vehicle Code section 22455 allows a local authority to adopt additional requirements for mobile vending which restricts the time, place and manner of vending in order to protect the public safety. Exhibit f Ordinance No. NS -XXXX Page 1 75A -3 F. In an effort to clean up the Santa Ana Municipal Code (SAMC), the City Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles" (SAMC section 36 -700 through 36 -720) as well as Division 3 of Article 1 in Chapter 36 "Vending Vehicles' (SAMC section 36 -50 through 36 -63). G. The City Council hereby adopts a new Food Vending Vehicle ordinance restricting the place and manner of vending in order to protect the public safety in accord with Vehicle Code section 22455. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15061(b)(3), in that it can be seen with certainty that the project will have no possible significant impact on the environment. A Categorical Exemption for Environmental Review No. ER -20_ - _ will be filed for this project. Section 3. Article XIV in Chapter 36 "Food Vending Vehicles' (Santa Ana Municipal Code Sections 36 -700 through 36 -720) is hereby repealed in its entirety. Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles (Santa Ana Municipal Code Sections 36 -50 through 36 -63) is hereby repealed in its entirety. Section 5. The City hereby adopts the new "Food Vending Vehicles', Article XIV to Chapter 8 of the Santa Ana Municipal Code to read as follows: ARTICLE XIV. FOOD VENDING VEHICLES. Sec. 36 -700. Purpose and Intent. The City Council expressly finds that vending vehicles pose traffic hazards and special dangers to the safety and welfare of children and residents of the city. It is the purpose and intent of the City Council, in enacting this article, to provide responsible companies and persons who engage in the operation of vending from vehicles with clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. Sec. 36 -701, Definitions. As used in this article: A. "Crosswalk" shall be defined by the California Vehicle Code, as that term may be amended from time to time. Ordinance No, NS -XXXX Page 2 75A -4 B. "Business license" means a business license required by Chapter 21 of the City of Santa Ana Municipal Code. C. "Food vending vehicle" or "vending vehicle " means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and /or prepared, pre - packaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. Food vending vehicle as used in this article does not refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this Code. that: D. "Operator" as used in this article shall mean any entity and all person(s) (1) Owns, controls, manages, and /or leases a food vending vehicle; and /or (2) Contracts with any person(s) to drive, operate, prepare food in, and /or vend from, a food vending vehicle; and /or (3) Drive, operate, vend and /or prepare food in or from a food vending vehicle. E. "Goods" or "merchandise" shall include items and products of every kind and description, including all foods, produce, and beverage items. F. "Park" shall be defined by Chapter 31 of this Code, as it may be amended from time to time. G. "School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include either a vocational institution or a professional institution of higher educations, including a community or junior college, college, or university. H. "Street' shall be defined by the California Vehicle Code, as that term may be amended from time to time. 1. "Vend" or "vending" as used in this article means soliciting, displaying, offering for sale for monetary or other consideration, or sale, of any goods or merchandise to the public from a vehicle; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food vending vehicle on a public or private street, alley, highway or public place within the City of Santa Ana and includes the movement or standing of a food vending vehicle for the purpose of searching for, Ordinance No. NS -XXXX Page 3 75A -5 obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. J. "Restocking" means the transfer of food, goods or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise. Sec. 36.702. Operational Requirements. A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food vending vehicle in the City without a valid business license issued, in addition to any other license or permit required under any other chapter of this code, for each and every food vending vehicle. B. All operators shall comply with the following regulations: 1. Each operator vending any produce or other food item shall comply with all County of Orange Health Care Agency requirements for mobile food facilities, as well as all required food handling permits. Each operator shall possess and at all times display such permits in conspicuous view upon each vending vehicle. 2. Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City business license. 3. Every food vending vehicle shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed. 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. No food vending vehicle that is stopped, parked or standing on any street, alley, or highway shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the food vending vehicle. 5. No operator of a food vending vehicle shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public or private street. 6. No owner or operator of a vending vehicle shall permit vending within five hundred (500) feet from a school, park, community center or public playground facility, Ordinance No, NS -XXXX Page 4 75A -6 7. No owner or operator shall permit the vending vehicle to vend within one hundred (100) feet of a marked or unmarked crosswalk in an intersection. 8. No food vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public or private street. Vending shall only be permitted where the food vending vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner 9. Vending from a food vending vehicle while the vehicle is parked, stopped, or standing on any public or private street, alley, or highway is permitted only when that part of the food vending vehicle open to prospective customers is on the side of the vehicle immediately next to the right side of the public or private street, alley, or highway, Under no circumstances may vending occur from the left side of a food vending vehicle. Notwithstanding the above provisions, no person shall vend to any customer whose location creates a traffic hazard. 10. All food vending vehicles shall be equipped with refuse containers large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all trash and refuse generated by the operator's vending during the time the vehicle is stopped, that is within not less than a fifty (50) -foot radius of the vehicle, before such vehicle is moved. 11. Restocking of a food vending vehicle is prohibited while the vehicle is on any public or private street or alley. 12. No food vending vehicle shall attach to or receive any electrical power or other utilities from any public or private property while the vehicle is located on any private or public street or alley. 13. Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public street, alley, or highway is thirty -five miles per hour or greater. 14. No owner or operator of a vending vehicle shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles; generators or equipment, be placed within or upon the parkway or sidewalk. 15. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, food vending vehicles shall be stored at or within an approved commissary in order to have protection from unsanitary conditions, Food vending vehicles shall not be stored overnight outside of an approved commissary. Ordinance No. NS -XXXX Page 5 75A -7 16. In conformance with the California Retail Food Code and County of Orange Health Care Agency /Environmental Health, any food vending vehicle which is parked and vending in single location for one hour or longer must be parked within two hundred (200) feet of an approved and readily available toilet and handwashing facility, to ensure that restroom facilities are available to food vending vehicle employees. The food vending vehicle operator must provide written evidence of permission from an adjoining property owner to use their restroom facilities. Sec. 36 -703. Exemptions. This article shall not apply to any City - sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the City. Sec, 36.704. Land Use Certificate Required for Vending on Private Property. A. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities on property in commercial, manufacturing, or planned development zones designated for commercial or manufacturing uses. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. B. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and /or special event permit for activities such as filming for movies, a party, fair, or carnival. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. private C. Pursuant to this section, the following restrictions apply to vending on property: 1. A food vending vehicle may only vend and remain parked on private property for the period of time noted in the Land Use Certificate and /or special event permit. All food vending vehicles are required to have a City of Santa Ana business license conspicuously displayed when vending. 3. Nothing in this section shall be construed to excuse food vending vehicles from complying with all other provisions of this chapter. 75A -8 Ordinance No. NS -XXXX Page 6 Sec. 36 -705. Penalty for Violation. Every violation of the provisions of this article shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable as provided for in section 1 -8 of this Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. Alternatively, violations of this article may be addressed through the use of an administrative citation as set forth in sections 1 -21.1 through 1 -21,9 of this Code. Use of an administrative citation shall not prevent or preclude the City from seeking additional criminal, civil or other legal remedy established by law. Section 6. if any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A -9 Ordinance No. NS -XXXX Page 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date; - Clerk of the Council City of Santa Ana Ordinance No. NS -XXXX Page 8 75A -10 [Exhibit 2 to RFCA] Findings in Support of the Proposed SAMC Mobile Vending Regulations Distance restrictions from schools, parks, community centers, and public playgrounds A majority of school children in Santa Ana walk to and from school, and the City continuously works to improve the safety of walking routes to school and other community destinations for the City's youth. In the opinion of Engineering staff, the presence of vending trucks in the vicinity of schools, parks, and community centers creates a hazardous condition by providing an attraction for children to cross streets at midblock locations. The concern is greatest at schools where those streets have driving lanes queued with cars carrying parents arriving to pickup or drop off their students. Traffic Engineering staff has observed occurrences of students crossing streets midblock to reach vending tricks. In addition, the gathering of customers waiting in line for vending tricks create the potential to block paths along sidewalks, thereby forcing children and other pedestrians to dangerously detour around the blocked sidewalk and out into the street in the travel path of vehicles. The size of vending trucks obstructs visibility to both vehicle drivers and pedestrians, resulting in potentially unsafe conditions under certain circumstances. Therefore, similar to specific locations whereby engineering staff use red curb markings to maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering staff, that vending trucks should not stop to operate /conduct business at any location within 500' from a school, park, community center or public playground. Distance restrictions from a crosswalks and intersections Right of way for vehicle, bicycle and pedestrian traffic at roadway intersections and crosswalk is controlled by a variety of devices, such as traffic signals, signage, and flashing beacon, which are typically placed behind the curb to the right of the vehicle path. For the traffic control devices to be effective, the signage must be visible a sufficient distance in advance of the intersection or crosswalk to allow vehicles to stop. The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of traffic collisions for a ten year period. The analysis determined that over 50% of all pedestrian vs. motor vehicle collisions occurred at intersections. Often, these types of collisions are due to the motor vehicle driver not seeing, or otherwise not being aware of the pedestrian. Vending trucks, with their high profile, boxy shape, and lack of windows create an obstruction to visibility particularly near intersections and crosswalks where there is significant concentrations of vehicle and pedestrians. Therefore, similar to specific locations whereby engineering staff use red curb markings to maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering 75A -11 staff, that to maintain visibility of traffic and traffic control devices, vending tricks (stop to operate /conduct business at any location) are prohibited within 100' of intersections and marked or unmarked crosswalks. Vending prohibited on streets where posted speed is 35 mph or greater. The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of traffic collisions for a ten year period. The study determined that, while arterial streets constitute only 21% of the roadway network in the City, over 60% of collisions involving severely injured or killed pedestrians and bicyclists occur on arterial streets where speeds are typically 35 mph or higher. In the opinion of Engineering staff, the presence of vending trucks on streets with speed limits greater than 35 mph creates a hazardous condition by obstructing visibility to view pedestrians, bicyclists, and traffic control devices, providing an attraction for patrons to cross streets at midblock locations, and creates the potential for customers to block sidewalk requiring pedestrians to enter the motor vehicle path. Additional Mobile Vending Health and Safety Issues Encountered by Santa Ana Police Department The Santa Ana Police Department has reported that during recent years, mobile vending trucks have attracted individuals engaged in the sales of narcotics. At times it has been employees of the mobile vending trucks and more frequently individuals who use the vending trucks as a way to blend in with the environment to give their illegal activity a perception of legitimacy. The illegal activity has included narcotics sales and illegal sale of cigarettes. It is also known that many gang members use the mobile vending trucks as a way to conceal narcotics and firearms in order to prevent being in possession of the items when contacted by the police. It is not unusual for truck operators to be intimidated by gang members and feel obligated to pay a "tax" to the local gang(s). Mobile vending truck operators have also been victims of crimes from robbery to homicide. A high concentration of vending trucks are found in the most challenging gang areas of the city and exacerbate the quality of life /crime related issues in those areas. Many of the vending trucks sell replica/toy firearms. As such often times guns purchased from the vending trucks have been used to perpetrate crimes. Those firearms have also been used by vending trick operators as a feint form of protection. The toy /replica firearms being sold in areas with a high concentration of vending trucks may lead to disastrous results to the prevalence of real firearms and violent crime in some of those areas. Vending tricks post both pedestrian and traffic related problems. Many of the vendors set out chairs and tables along the curb /sidewalk areas which can obstruct the use of the public walkway by those not patronizing the vending trick. Due to the size of mobile vending trucks and their common presence in some of the most densely populated areas of Santa Ana the risk for 75A -12 pedestrian fatalities is a major concern. Many of the areas with the high concentration of vending trucks have a large amount of children who live and go to school in the area. 75A -13 75A -14 CORRESPONDENCE 75A -15 From: Ginelle [mailtominelleannOgmail corn] Sent: Monday, February 27, 2017 3:03 AM To: Benavides, David Subject: new Ordinance to Regulate Mobile Food Vending Vehicles (Strategic Plan No 5, 4) Dear Councilmember Benavides, I support the new Ordinance to Regulate Mobile Food Vending Vehicles (Strategic Plan No 5, 4). The entire and complete proposed new ordinance is conclusive and covers much of the regulations neighborhoods have needed and wanted. The following are especially important elements for food and pedestrian safety, and to aid in being a good neighbor while parked in our neighborhoods: 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle.... 5. No operator of a food vending vehicle shall operate any sound amplification system or other sound making devices or music systems ... 7. No owner or operator shall permit the vending vehicle to vend within on hundred (100) feet of a marked or unmarked crosswalk in an intersection. 11. Restocking of a food vending vehicle is prohibited while the vehicle is on any public or private street or alley. 14. No owner operator of a vending vehicle ... nor any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators, or equipment, be placed within or upon the parkway or sidewalk. 16.... one hour or longer must be parked within 200 feet of an approved and readily available toilet and handwashing facility ... Please vote to adopt the new Ordinance to Regulate Mobile Food Vending Vehicles (Strategic Plan No 5, 4). Thank you. Ginelle Hardy Hettinger Park Neighborhood, President ginelleannngmail. eom 75A -16