Agenda packet — Santa Ana City Council, April 5, 2022 (part 3 of 4)

Based on the results of the evaluation scores, PRCSA is recommending entering into an agreement with Patrol Solutions for a three-year term. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified years:

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 25 – 2 4/5/2022

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AGREEMENT WITH PATROL SOLUTIONS, LLC, TO PROVIDE SECURITY

SERVICES TO THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Patrol Solutions, LLC, a California company (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide security services for various events for the City’s Parks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor’s proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual compensation for these services provided under RFP No. 21-139 shall not exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000) with a total Agreement aggregate amount not to exceed Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000).
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.

Payment need not be made for work that fails to meet the standards of Exhibit 1
City Council 25 – 3 4/5/2022

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performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within Exhibit 1
City Council 25 – 4 4/5/2022

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the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.

5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions

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work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Exhibit 1
City Council 25 – 6 4/5/2022

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ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the Exhibit 1
City Council 25 – 7 4/5/2022

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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 Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

Exhibit 1
City Council 25 – 8 4/5/2022

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12. CONFLICT OF INTEREST CLAUSE
Contractor 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 specified under this Agreement.

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 given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Patrol Solutions, LLC
6060 Sunrise Vista Dr. Ste. 1500
Citrus Heights, CA 95610-7062
Attn: Carl Cunningham
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Exhibit 1
City Council 25 – 9 4/5/2022

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Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. 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.

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 1
City Council 25 – 10 4/5/2022

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status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. 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.

20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. 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 exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[signatures continued on next page]
Exhibit 1
City Council 25 – 11 4/5/2022

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APPROVED AS TO FORM PATROL SOLUTIONS, LLC
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
Brandon Salvatierra Carl Cunningham
Deputy City Attorney General Manager

RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 1
City Council 25 – 12 4/5/2022

EXHIBIT A
Exhibit 1
City Council 25 – 13 4/5/2022
City of Santa Ana RFP 21-139

Page 15 ends

Appendix
ATTACHMENT 1-D

SCOPE OF WORK
SERVICE:

SECURITY
The City is seeking a company with the capacity to provide security services for various events. Below is a sample listing of security provided for previous large-scale events.
• 11 guards for street closures.-Maintain integrity of barricades and control traffic o Guards are to stay positioned at the locations all day • 2 guards - south walkway, 1 at each end to keep pedestrians moving • 2 guards - north walkway, 1 at each end to keep pedestrians moving • 1 guard middle of street in area one
• 1 guard middle of street in area two to allow only Loft residents to park • 5 guards - Beer Garden, 1 at each entry, 2 along fence, 1 rover • 4 guards at stage. 2 front, 1 rear entry, 1 catwalk
o Event Performance control - no impromptu autograph sessions, no tossing of items from stage • Rovers: 1 Supervisor, 4 Rovers
o Monitor booth activity, lines blocking pedestrian paths, amplified sound, and illegal vendors o Monitor alley barricades
o Monitor once each hour adjacent parking garages
o Monitor Carnival area
• Rovers, 1 stage guard. 1 Guard for the Beer Garden. 1 Guard at Carnival Approximately 925 hours of service for an event from Friday evening to Sunday evening.

Security plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department. Proposers may be asked to come in for an interview session.

Exhibit 1
City Council 25 – 14 4/5/2022

EXHIBIT B
Exhibit 1
City Council 25 – 15 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 2

1. COVER LETTER
Dear City of Santa Ana,
Patrol Solutions sincerely appreciates the opportunity to present this proposal for serving the unique security requirements of the City of Santa Ana. It is the goal of my company, Patrol Solutions, to protect your employees, patrons, and property in a responsive and responsible manner. I have partnered with industry-leading security professionals who share my vision of emphasizing customer service in our security. We comprise the leadership of this company, and we all understand how important it is to give each client our full attention and respond whenever things may come up.

We take great pride in adapting our security service in order to meet the specific needs of each and every client. Our entire management team, especially Director of Operations Felix Guerrero and the local team, will work to develop strong working relationships with City staff and local law enforcement in order to deliver processes and training requirements specific to this contract. We currently perform very similar services for other clients, such as the Arts District of Los Angeles Business Improvement District, and many of the best practices and protocols we’ve gleaned will be applied to the City of Santa Ana as well.

Patrol Solutions constantly analyzes ways in which we can further enhance our services with software, technology, and management in order to support the dynamic needs of our clients. Our officers are trained to maximize safety and security procedures as well as customer service, which is important for positions in which they interact with the public. Our management team places an emphasis on communication and accountability to ensure that the security plan is implemented and executed as best as possible. Felix has great experience managing similar projects. He is also fluent in Spanish and we have officers who are fluent in Spanish, too.

Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights, California, and has been providing armed and unarmed contract security services since 2010. Klinton Kehoe has owned the company since 2016. We are a limited liability company. Our clients include government agencies and municipalities as well as properties and entities in the private sector. PS operates out of six offices throughout California and employs about 140 security officers. PS is licensed as a qualified security patrol operator by the state of California/Bureau of Security and Investigative Services (license number PPO 119966).

We have read and reviewed the RFP and understand the nature of the work to be accomplished. Please let us know if we can provide you with any additional information.

Respectfully,
Carl Cunningham
Carl Cunningham, General Manager
415-760-8116 | [email protected]
Exhibit 1
City Council 25 – 16 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 10

4. STATEMENT OF QUALIFICATIONS
Attachment 3-6

1. Firm and Team Experience
1) Organizational Chart
Felix Guerrero will oversee this contract. He has over 20 years’ worth of experience in the security industry, and has been serving in a managerial capacity since 2009. Currently, he is Patrol Solutions’ director of operations. Klinton Kehoe and Carl Cunningham will assist during the transition and contract management. Felix will serve as the designated account manager for the project and will lead the local team in providing daily services. Jennifer Pinelo is the HR specialist who will assist with HR matters, hiring, and additional logistical functions.

Klinton Kehoe
Founder & CEO
Carl Cunningham
General Manager
Felix Guerrero
Director of
Operations
Jennifer Pinelo
HR Specialist
Field Team
Managers
Exhibit 1
City Council 25 – 17 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 11
2) Profile of Firm Experience
Patrol Solutions as a company was founded in 2010 under its original name of Tactical K-9 & Patrol Solutions in an effort to bridge the gap between law enforcement and security services by training officers to “police” an area in an engaged manner – meaning the regulation and control of a community, especially for the maintenance of public order, safety, and health. This is a level above the standard detect, deter, observe, and report protocols held by most private security companies. We accomplish this increased vigilance through officer support, training, supervision, individual professional development, and our emphasis on the employee pipeline. We have a train-your-replacement methodology that brings people together for a common cause – primarily the successful execution of objectives in a positive environment.

Patrol Solutions has benefitted from the recent acquisiton of several security firms. We have hired several top performing security managers specifically to inject a customer-oriented experience for clients who are interested in a responsive, attentive, and accessible security management team that really puts the client at the forefront. Thus, our company is comprised of a management and leadership base of the business security professionals. Patrol Solutions works to provide responsive decision making to every individual client, and also strives to recognize each employee’s efforts and contributions while providing a road to successful career development. Patrol Solutions fosters a strong sense of accountability and ownership across the organization. The entire team performs as one body, conditioned to support one another.

Together, we are focused on delivering outstanding customer service.

Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights, California, and has been providing armed and unarmed contract security services to a wide variety of markets since 2010. We are a limited liability company. Our clients include government agencies and municipalities as well as properties and entities in the private sector. With a custom-tailored approach to each of our clients’ security needs, PS provides unmatched security solutions to meet the specific needs of different agencies and businesses.

Patrol Solutions specializes in customized security solutions at venues where the premium is on customer service, corporate integrity, access control, and emergency response. PS services include armed and unarmed guard services; patrols and inspections; vehicle patrols; museum and gallery officers; concierge and receptionist services; security console operation; dispatch services; bike and Segway patrols; alarm response; and specialized client-requested security. We serve a variety of government agencies as well as private entities. PS operates out of six offices throughout California and employs about 140 security officers. PS is licensed as a qualified security patrol operator by the state of California/Bureau of Security and Investigative Services (license number PPO 119966).

Patrol Solutions’ unique ability to combine financial strength, personnel development, disciplined execution, responsive management, and adaptive customer service has empowered us to meet the evolving needs of each and every client. Entities comparable to the City of Santa Ana find us to be the ideal security services partner.

We are accustomed to serving government clients who are dynamic in scope, magnitude, and complexity.

Vast resources activated through well-defined management processes enable PS to meet the requirements of modern facilities and the demands of highly responsible and highly sophisticated clients. Our leadership team and management team are comprised of former Cypress Private Security managers, who have direct experience with serving clients such as the Arts District of Los Angeles, the LA County Department of Public Works, the City of Glendale, the City of Inglewood, the LA Police Department security contract, the Redondo Beach Transit Center, and the Housing Authority of the City of LA. In particular, Felix Guerrero, our director of operations who will oversee the City of Santa Ana security project, directly managed those projects.

Exhibit 1
City Council 25 – 18 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 12
3) Team Resumes
Patrol Solutions wants to provide the City with a direct channel of communication so we can provide the very best security services possible. To reflect this philosophy, our organizational structure is designed to minimize cumbersome layers of bureaucracy. Our goal is 100% customer satisfaction. Authority and responsibility is delegated appropriately so managers can resolve issues without having to sift through endless red tape. Instead, open lines of communication mean that management can be in contact with on-site and off-site staff quickly.

Klinton Kehoe is the CEO and owner of Patrol Solutions. He entered the private security industry as a security officer for a regional security company. Less than half a year into his career, he found that he was clearly well-suited for the job and was promoted to be a training manager. He quickly earned numerous training certifications and became qualified to train security officers.

In addition to his capabilities as a trainer, he was also promoted to be a shift manager. In this role, Klinton managed a security program with 100 officers assigned to the project. He managed deployments, breaks, schedules, and performance reviews. As he continued progressing in his career, Klinton began taking on more operational, “big picture” roles and he eventually managed over seventy clients and properties.

Going to his sites also instilled in him the importance of great customer service. Seeing firsthand how much clients valued clear lines of communication, honesty, and personal accountability, Klinton knew that his responsiveness and responsibility as a manager would always have meaning and add value to the security program. It is precisely that attitude that helped him build Tactical K-9 & Patrol Solutions, the company that would eventually be known as simply Patrol Solutions.

Klinton Kehoe
CEO & Founder
Expertise
Security Operations,
Operations Management,
Customer Service, Business
Planning and Development,
Workplace Injury Prevention,
Security Program
Development
Professional Affiliations
American Society of
Industrial Security (ASIS)
BSIS
Exhibit 1
City Council 25 – 19 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 13
Carl Cunningham is partnering with Patrol Solutions, founded in 2011, after a ten-year stint as the primary business development manager at Cypress Private Security. After Cypress was bought out by one of the international security firms, the Patrol Solutions partnership was created specifically to provide a customer-oriented experience for clients who have been disillusioned with the inattention and lack of care from the so-called industry leaders.

Patrol Solutions is new to the local market, but comprised of a management and leadership base of the best former Cypress managers.

Patrol Solutions works to provide responsive decision making to every individual client, and also strives to recognize each employee’s efforts and contributions while providing a road to successful career development.

Carl enjoys the camaraderie, not only between employees, but between the company and clients. The personal consideration a client receives is something Carl truly values in his work and strives to provide.

One of his many talents is the ability to provide a great deal of attention to each individual client, as he builds each client’s relationship with the Patrol Solutions management team. When meeting with clients, he accurately and helpfully applies his knowledge of the security industry to diagnose the specific services they need for their site. His clients have long appreciated the sincerity and thoughtfulness he provides as he addresses all of their security concerns.

With over 20 years of experience in operations, sales, and marketing, Carl has vast knowledge in the security and business management fields. He is responsible for all areas of business development and takes a long-term approach to cultivating business partnerships with clients, ensuring a customized security program that meets their needs.

Carl Cunningham
General Manager
Expertise
Business Management,
Business Development,
Security Operations,
Workplace Injury Prevention,
Healthcare Security Program
Development, High Rise and
Commercial Building
Certifications
Professional Affiliations
American Society of
Industrial Security (ASIS),
Building Operators and
Managers Association
(BOMA), Institute of Real
Estate Management (IREM),
California Association of
Community Managers
(CACM), International
Association for Healthcare
Security & Safety (IAHSS),
San Francisco Electronic
Crimes Task Force (Secret
Service), Northern California
Regional Intelligence Center
(Department of Homeland
Security), InfraGard (FBI)
Exhibit 1
City Council 25 – 20 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 14
Felix Guerrero joined Patrol Solutions in 2020 after working in the security industry for over twenty-two years, spending most of his career as a project start-up manager, operations manager, and training administrator. Prior to partnering with Patrol Solutions, Felix worked at Cypress Private Security for ten years, until Cypress was bought out by Allied Universal. Thus, he joined Patrol Solutions, a company where every client would receive great personal attention and care. With an astute understanding of client needs, Felix prides himself on providing superb customer service and works tirelessly to address and remedy operational issues swiftly.

As a certified firearms instructor, Felix understands the gravity of responsibility. His years of experience have enabled him to oversee high risk security operations staffed by armed officers, and his expertise in defusing conflicts has allowed him to minimize the threat of incidents.

During his time at Cypress, Mr. Guerrero managed over 40 armed guards in the Los Angeles area. In addition, Felix gained deep insight into the inner workings of managing, training, and developing staff. He has overseen relevant security projects in the retail and logistics industry at Technicolor Distribution Center, APL Logistics, and HP Logistics. Under his guidance, his teams consistently aided clients’ loss prevention programs, reducing theft and recovering merchandise.

Felix is a firm believer in teamwork. He is a member of the Downtown Security Manager’s Association, an organization of security and law enforcement professionals recognizing homeland security efforts in L.A.

Together, members exchange information and share best practices for mutual benefit. Whether providing security services for government municipalities or private companies, his history clearly demonstrates a pattern of success. Felix’s skills and experience make him a dependable and trusted frontline contact for all domestic security operations.

Felix Guerrero
Director of Operations
Expertise
Security Operations, Security
Training Plans, Leadership
and Management, Firearms,
High Risk Security Programs,
Security Patrol Procedures,
Loss Prevention Strategies,
Security Operational Support
and Oversight, Weapons of
Mass Destruction, Public
Relations, Public Safety,
Premises Liability, Officer
Safety
Education
Metropolitan High School,
Rio Hondo College, Firearms
Training Academy
Certificates/Affiliations

BSIS, FEMA, DSMA, CPI
FEMA: Basic Workplace
Security Awareness; FEMA:

Workplace Violence
Awareness; FEMA: Active
Shooter; FEMA: Introduction
to the Incident Command
Center; Downtown Security
Manager’s Association;
Certified Firearms Instructor
Exhibit 1
City Council 25 – 21 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 15
Jennifer Pinelo is the HR specialist and recruiter for Patrol Solutions’ Los Angeles region. In this role, she conducts the recruitment processes for all security accounts under her branch office’s purview to ensure that high quality candidates are hired, trained, and assigned to our clients. She also assists with security officer orientation training, officer scheduling, and human resources matters. Jennifer also provides additional administrative support to the local management team.

Before joining Patrol Solutions, Jennifer performed the same functions for Cypress Private Security for several years. She has also worked at Allied Universal and Securitas as a security officer. Primarily, she specialized in access control, customer service as a lobby ambassador, report writing, badging, and camera surveillance. Her firsthand experience with field work makes her an excellent recruiter because she understands the qualities a candidate needs in order to be effective.

In addition to her work in the private security industry, Jennifer also has experience as a customer service specialist at Target. She also worked as a tax preparer for Benjamin Taxes Services.

All of her previous experience has prepared her well for her current role. In her previous work, she developed familiarity with administrative processes including data entry, handling confidential information, scheduling, inventory, assisting with office accounting, and detailed documentation.

Jennifer’s willingness to engage clients, colleagues, and candidates, and her vested interest in seeking their best makes her an ideal recruiter and HR specialist for Patrol Solutions.

Jennifer Pinelo
HR Specialist
Expertise
Talent Acquisition,
Security Recruitment,
Staffing and Hiring
Processes, Customer
Service, Administration
Education
Santa Monica College
El Camino College
Exhibit 1
City Council 25 – 22 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 17

5. SCOPE OF WORK
Attachment 3-7
Our upper management has direct experience serving clients with a variety of sites, including projects coverage for properties spread out over several city blocks. Patrol Solutions has been providing security services for public and private entities since 2010. Some of our current clients are the Arts District of Los Angeles, the City of San Francisco Human Services Agency, and the Contra Costa Water District.

Our upper management team, including our director of operations and our general manager, has direct experience with the management of major government contracts. Now that these managers are part of Patrol Solutions, they can apply all of their knowledge and expertise for the City of Santa Ana events security plan. Felix Guerrero, who would serve as the project manager for this contract, has direct experience managing the security contract for numerous government agencies in the LA region, including project that required special coverages and event security.

We will manage the security program and provide the City of Santa Ana with trained and qualified unarmed security officers for all of the requested service hours with an event-specific security focus.

These officers will conduct all duties as described in the scope of work of the RFP and tailored to the specific event. Officers assigned to this contract will meet the requirements specified in the RFP as well, including having English and Spanish language skills. Patrol Solutions will provide officers with uniforms and all of their equipment, including communications devices and any other needed equipment.

General Approach to the Scope of Work
It is the goal of Patrol Solutions that all of our security services will ensure the safety of patrons, vendors, and your employees. By providing a visible presence, our officers serve as a visual deterrence to crime and other unwanted activities. By performing their duties in an engaged, alert, and responsive manner, officers will create a safe environment for everyone. Whenever possible, officers will assist patrons, vendors, and City employees as long as doing so does not compromise their security duties.

Patrol Solutions will use our training and managerial resources in order to implement a site assessment and training program throughout the transition and delivery of the work plan. Led by Felix Guerrero, our local team will be able to focus on what matters most: officer development with the goal of customer service and asset protection. Felix will serve as the designated project manager. For the benefit of the City, our officers, managers, and client will be supported by our manned 24/7 watch commander station.

Every shift, we have mobile field team managers who conduct on-site supervision and support. Delivery of service will not just be in the field. Jennifer Pinelo and the team at the local office are available to help officers with HR matters, uniforms, inquiries, and schedule changes if needed. We know the tasks required and are prepared to evaluate and improve wherever possible.

Our experienced and knowledgeable security management team begins by reviewing your stated needs.

After assessing current security, our team then designs a security program customized to your requirements and tailored specifically for the designated events area.

In particular, PS pays special attention in addressing the following factors:
24/7 Field Team Manager Program – Field team managers are available 24/7 via phone, text, and email. They conduct proactive site checks and ensure that field officers are performing up to standards.

They evaluate officers’ uniforms and equipment, review daily activity reports, and assist with any patrol or protocol modifications. Their time of visit varies from day to day. FTMs are mobile (in marked security vehicles) and also respond to any emergencies or incidents. They not only supervise and manage the officers in the field, but also reward and discipline them. If necessary, FTMs can assist in crosstraining officers. At PS, our FTMs personally take initiative to visit sites, thereby providing a visible Exhibit 1
City Council 25 – 23 4/5/2022
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PROPOSAL Page 18
leadership presence to field officers and staying in touch with the client’s management team.

Unarmed Security – Officers will be trained to master the ins and outs of their specific post. They will learn your general rules and regulations, gain familiarity with the area, and learn general information so that they will be capable of interacting with the public. Security officers will observe and report daily activities, and prepare accurate and legible daily activity reports and incident reports (as needed). They will conduct regular patrols and assist yuor personnel, police, and other law enforcement officials as necessary. They will provide a visible deterrence to unwanted activities, help maintain public safety, and can provide crowd control services.

Roving Patrols – Officers perform full patrols on a regular basis. These patrols include all areas of the site as designated by the post orders. A visible presence will serve as a deterrent to trespassers and crime, and increase general public safety. Officers will seek to prevent and minimize fire, theft, damage, graffiti, and other unwanted activities. As they make their rounds, they will also ensure that the facilities are secured (doors, windows, gates, locks, etc.) if appropriate. Any unusual incidents or hazardous conditions will be reported to the proper representative and logged. Officers will perform patrols on foot and/or bicycles.

Customer Service – All PS officers must undergo and complete customer service training. Officers will support City employees in any capacity as long as the officers can safely complete their post duties.

Likewise, officers who work at posts where they will interact regularly with the public will be comfortable doing so. They will be able to provide public information to visitors and have basic knowledge of the general area and services. Officers will, at all times, be polite, courteous, respectful, and responsive to any person authorized to be at the site.

Reporting and Documentation – All PS officers are trained to write accurate and detailed reports.

Officers will complete the appropriate reports for each shift. The reports are completed online and emailed directly to the client and are searchable. Reports include daily activity reports, conditions reports, incident reports, and others as assigned. Any officer who knowingly falsifies a report will be disciplined up to and including termination from employment. Officers are fluent in English and able to communicate verbally as well as via the report writing system. Officers will maintain a log of security violations and report occurrences to supervisors as quickly as possible. In the event of any maintenance requests, officers will forward such requests to the proper representative.

Emergency Response – PS will design and implement an emergency plan that will address all response to threats and potential emergencies at the various sites. The PS corporate emergency response plan is based on the nationally-recognized Incident Command System (ICS) for emergency response. PS understands that changing security needs in the case of an emergency or incident requires PS to respond with additional staff. PS is fully prepared to increase our security services in the event of an escalation in the security level (emergencies, civil unrest, fire, or special events). PS will work closely with your management to escalate and de-escalate the need for additional staffing at the site. In the event of an emergency, PS uses the following procedures to ensure that trained staff are on-hand to fill all shifts at the site, including scheduled absences as well as increases in staffing:
• Cross-training – PS cross-trains security officers, supervisors, and managers. PS will share an employee list of trained officers available to work at the site and will train more officers per request of client, if needed.
• Back-up Staffing – PS will, at all times, have a pool of qualified officers who have received full training and orientation, including post assignments, standards, and procedures. These officers will be able to fill any shift on a short notice.
• Emergency Planning – PS operates a corporate emergency response plan based on the nationally-recognized Incident Command System. This plan covers all aspects of emergency response. Our corporate guidelines are designed to help us maintain security services before, Exhibit 1
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PROPOSAL Page 19
during, and after an emergency. This includes situations such as earthquakes, major fires, major civil unrest, or major escalation of the security level. Because each client and each situation is unique, PS works with management to implement preventive measures such as training and emergency planning.
• Emergency Response Vehicle – PS operates an emergency response vehicle especially equipped for emergency situations and special events. Our emergency equipment is always at the ready, and includes power generators, indoor/outdoor lighting systems, light rescue equipment. All of the emergency equipment is checked monthly. This specially-equipped vehicle enables PS to respond during an emergency incident or scheduled special events.

Management Plan
Every shift, we have at least one mobile field team manager on duty who is equipped to provide proactive site supervision and support. The field team manager provides oversight to officers in the field and has the authority to discipline and train officers as needed. In the event of any incidents, the FTM will arrive on the scene. An FTM can be reached 24-7 via phone. The FTMs will report to Felix Guerrero. He has full authority to address any problems and issues raised by the City, including (but not limited to) increases and decreases in staffing and disciplinary problems. He will manage the FTMs to ensure that every level of performance has accountability. Our management team will be available for regularly scheduled meetings with City security liaisons to ensure that all aspects of the security program are meeting expectations.

Supervision
We maintain a 1 to 4 supervisor/lead officer to security officer ratio. In addition, we provide a 1 to 20 manager to officer ratio in order for our team to receive updated training and other important company news. Maintaining a positive connection between officers, the client, and our management is critical to reducing turnover.

Officers designated as supervisors help ensure that the other officers are carrying out their duties properly during their assigned shift. Supervisors are more seasoned, experienced, and capable than lower-level officers. Field Team Managers (FTMs) check in at every site daily in order to ensure that all of the officers are meeting client expectations and performing well.

Random Site Inspections: Patrol Solutions conducts unannounced site checks at least once per day.

These site inspections are conducted by one of our managers, a group which includes the field team managers and higher (operations manager and regional manager).

Proactive Field Support: The Patrol Solutions field team manager (FTM) program is a critical aspect of our proactive quality control process, which distinguishes us from other security providers. At other security companies, managers tend to go on-site as a response to complaints, after a problem has arisen.

At PS, our managers personally take initiative to visit sites, thereby providing a visible leadership presence to field officers and staying in touch with the client’s management team.

Leadership’s Role: Every day, each site receives an on-site inspection from a field team manager (FTM) who has the authority to review performance and perform corrective actions if necessary. These unannounced checks help motivate officers to remain alert.

The FTM: Our FTM program sets us apart from all other security providers. This position is staffed by an experienced leader who maintains daily contact with multiple sites and is duly qualified to evaluate field officer performance.

General Start-up Plan
Our transition plan begins once we receive the awarded contract. The client immediately will begin to experience a more disciplined, thorough, and systematic approach to security service. PS will:

Exhibit 1
City Council 25 – 25 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 20
• Seek to understand and operate in harmony with current work-flow. • Anticipate and assess the potential impact on various departments and constituencies. • Learn all rules, policies, and procedures at the site and within the operation. • Implement the most effective tools, materials, and technology. • Execute a systematic and smooth transition of responsibility that instills confidence.

Key Personnel Duties and Responsibilities: Before the transition starts, PS will identify the key personnel who will be responsible for delivering services and define their duties during the transition.

Documentation and Communication: PS, together with the client, will establish ongoing communication methods and requirements needed to operate the security program.

Transition Timeline
Task Assigned Date Due Responsibility
Award letter issued to PS > 3 weeks prior to startup Gen. Mgr.

PS transition team assigned and in place > 3 weeks prior to startup Proj. Mgr.

Meet with client to obtain site specific information > 3 weeks prior to startup Proj. Mgr.

Outline and adjust transition plan if needed > 3 weeks prior to startup Proj. Mgr.

Security and technology assessment > 3 weeks prior to startup Proj. Mgr.

Management/labor meeting > 3 weeks prior to startup Proj. Mgr.

Conduct site security survey > 3 weeks prior to startup Proj. Mgr.

Introduction letter, application, and drug screen
forms
> 3 weeks prior to startup Human Resources
Interview and select employees > 3 weeks prior to startup Human Resources Prepare wage and benefits package > 2 weeks prior to startup Human Resources On-site training for operations team > 2 weeks prior to startup Proj. Mgr.

Gather information about current staff at site > 2 weeks prior to startup Human Resources Provide assessment, training of current staff at site > 2 weeks prior to startup Proj. Mgr.

Order all supplies and equipment > 2 weeks prior to startup Proj. Mgr.

Deadline for applications to be received > 2 weeks prior to startup Human Resources Order uniforms and duty gear > 2 weeks prior to startup Proj. Mgr.

Prepare post orders > 2 weeks prior to startup Proj. Mgr.

Select security officers > 2 weeks prior to startup HR & Proj. Mgr.

Prepare site-specific training materials > 1 week prior to startup Proj. Mgr.

Meet with client to brief on transition progress Continuous Proj. Mgr.

Present post orders to client > 1 week prior to startup Proj. Mgr.

Exhibit 1
City Council 25 – 26 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 21
Deadline to complete drug screen for candidates > 1 week prior to startup Human Resources Meet with client for feedback on first draft of post
orders
> 1 week prior to startup Proj. Mgr.

Ensure each post is fully equipped as specified > 1 week prior to startup Proj. Mgr.

Prepare master schedule > 1 week prior to startup Scheduling Manager
Fit uniforms and re-order as needed > 1 week prior to startup Proj. Mgr.

Retraining of incumbent personnel hired by PS > 1 week prior to startup Proj. Mgr.

Service start TBD Proj. Mgr.

Evaluation Calendar
The evaluation calendar outlines key on-site elements related to performance after the project has begun.

The tasks are divided according to department and corresponding manager.

Task Assigned Date Due Responsibility
One month evaluation of each officer’s performance 30 days after startup Proj. Mgr..

Training or re-assignment as needed (individual officers) 30 – 45 days after startup
Proj. Mgr..

Three-month evaluation of each officer’s performance < 90 days after startup Proj. Mgr..

Training or re-assignment as needed (individual officers) 90 – 100 days after startup
Proj. Mgr..

Lighthouse: Complete Workforce Visibility – The Patrol Solutions Guard Tour System Lighthouse is a guard touring solution with real-time
tracking of officers along with daily activity reports
and incident reporting. Intelligent location and
communication tools empower your distributed teams
and give you peace of mind. Continuous tracking
through GPS, QR codes, near-field communication
(NFC), and Bluetooth beacons ensure guards are where
they’re supposed to be. Lighthouse provides you with
proof of work to increase satisfaction.

We have a 24-hour dispatch center to handle
communications and any special needs. Managers have
smartphones and can be reached 24-7 via phone, text,
and email. We can also provide officers with 2-way
radios if needed.

Exhibit 1
City Council 25 – 27 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 22
Uniforms
Full-time officers receive, at a minimum,
two pairs of pants, three shirts, and a
jacket. Part-time officers receive, at a
minimum, one pair of pants, two shirts,
and one jacket. If officers are working in
an environment that will regularly place
them in the elements, we can provide
additional gear for inclement weather and
other conditions. We also provide
personal protective equipment for officers
who work at sites that require it. Officers
are responsible for cleaning their own
uniforms. The shirts and jackets are
clearly marked with our insignia.

However, we have a uniform provider we
can work with if alternate uniform styles
are desired.

Uniforms must be neatly pressed.

Authorized uniforms must always be
worn, with shirts tucked in. Hair must be
neatly groomed. Facial hair must be neatly trimmed. Only post earrings are allowed for security professionals. Visible tattoos should always be covered. Fingernails must be clean and neatly trimmed.

Smoking and gum chewing are not permitted while on site and on duty. Appearance also includes the way officers walk, stand, and talk to people. Officers are always to behave in a manner that is worthy of respect.

Nearest Address and Headquarters Address
The local address which will serve the City of Santa Ana is located at 10016 Pioneer Blvd. Suite 109 | Santa Fe Springs, CA 90670. The company headquarters is located at 6060 Sunrise Vista Dr. Suite 1500 | Citrus Heights, CA 95610.

Project Manager
Felix Guerrero will serve as the supervising project manager. He is based out of the Santa Fe Springs office and can be reached at 310-490-9804 and [email protected].

Similar Experience
Locally, one of the clients we serve that is similar in scope to this project is the Arts District of LA. We provide unarmed officers who conduct bicycle, foot, and vehicle patrols for the business improvement district. Officers provide visible deterrent to trespassing, vandalism, and illegal camping. They are also capable of community engagement, with customer service through active patrolling, and they respond to any calls for service. Felix Guerrero, our director of operations and local manager, began managing that project in 2017 while he was at his previous security company. In 2020, Patrol Solutions took over the contract and Felix was able to resume serving the contract.

Projects that Make Patrol Solutions Stand Out
Patrol Solutions is a California-based regional security company which has proven to be resourceful with large scale capacity. Recent successes include ramping up multiple emergency response security programs. These programs include an 85-officer deployment in 1 week (City of San Francisco Human Services Agency), 10 armed officers in the same day (LA), and a 10 officer, 10 site deployment in 24 Exhibit 1
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PROPOSAL Page 23
hours (Inland Empire and LA). Our management team is also experienced serving major government agencies throughout California, and we strive to be responsive to the shifting needs of clients. The City of SF HSA project which had a one-week startup period took place early on during the pandemic. It is a project that we are proud of being able to service because it was an emergency services project brought about by the shelter-in-place order. The project involved providing unarmed services for five citymanaged hotels in downtown San Francisco which were serving as COVID-relief sites. Due to the nature of the project, that client needed services to begin within a week of signing the contract, and we were able to hire and train qualified officers. Although it would be a stretch to claim that everything at the start was executed flawlessly within such a short timeframe, we can say that we have been able to take every corrective action in response to the client’s needs, and that we still continue to serve that contract to this day, and that the client has been pleased with our services overall.

Officer Training
Patrol Solutions is committed to the professional growth of every employee within the company. At Patrol Solutions, training is an ongoing process that never stops. Each employee receives a career enhancement plan so they can focus on enhancing their strengths and eliminating their weaknesses. Patrol Solutions’ objective is to deliver outstanding security services to each client. All of our active officers are AB2880 compliant and have completed mandatory BSIS training. They must successfully complete the 8- hour BSIS guard card course. In addition, there is a 32-hour BSIS continuing education series of courses.

Armed officers are required to have completed the mandatory BSIS training for armed guards. Initial training for new employees is, at a minimum, 8 hours. This includes live training in the field. Depending on the complexity of the position, the field training could range from one full day to one full week, or possibly more. In addition, we can provide field training on an as-needed basis throughout the duration of the project. On-the-job training plans can be developed in the context of a full understanding of the site in order to help officers be more efficient in their duties.

Outline of Training Manual
The following is the items listed in the table of contents of our officer handbook. • Introduction
• Primary Mission Statement
• Security Professional – Job Description
• Emergency Response
• Bomb Threats
• General Rules and Procedures
• Special Events
• Reports
• Handling of Complaints
• Liability Issues
• Laws
• Summary
We also strive to promote ongoing training and officer development. Our director of operations, Felix Guerrero, is a certified trainer in various disciplines including firearms training.

Exhibit 1
City Council 25 – 29 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 24
Types of Training
Scenario-based Training – Scenario-based training involves real-life situations that are either roleplayed between the teacher and the student or video scenarios that are presented and discussed amongst the class. Scenario-based training is an integral part in developing an employee’s confidence level when being confronted with an incident.

Client-specific Training – PS will train all staff assigned to a client’s site in accordance with the expectations set forth by the security assessment and related security protocol provided by the company.

PS develops an advanced training calendar for all sites. This training calendar highlights the training dates for the assigned security officers and the curriculum that will be taught each week. Officers use the calendar to stay on track in meeting pre- and post-assignment training for their work sites.

Cross-training – Each employee and officer is cross-trained on other locations in the case of emergency or need for additional officers at that location. The cross-training program allows PS to respond quickly to a potential emergency. Learning other sites’ procedures also allows officers a chance to further enhance their skill sets.

CPR and First Aid Training – If needed, security officers at PS will receive and pass CPR and first aid training for adults and infants. In-house certified trainers conduct these trainings in accordance with Red Cross standards. Each individual who passes Patrol Solutions’ CPR and first aid training will receive a Red Cross certification.

A Note on Training
Our managers will be building and then training our officers based on the materials provided by the following organizations:

Felix Guerrero’s Training Certifications
Firearm Training Academy: BSIS Guard Card firearm permit, BSIS PR24 baton, and any additional outside training.

American Bike Patrol Services: Bike training certification, bikes repairs, and uniforms.

Felix Guerrero is a certified instructor for the following:
• AVADE (workplace violence and hands-on tactical defense) • American Red Cross: First Aid/CPR/AED and bloodborne pathogens Training Curriculum
To best prepare officers for their duties, Patrol Solutions’ training is tailored for each client and each post.

Training is an ongoing process and is overseen by a dedicated training manager.

Available Training Courses
Access Control First Aid and CPR (Red Cross) Parking and Traffic Active Shooter Handcuffing Policies and Procedures
Exhibit 1
City Council 25 – 30 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 25
Advanced Criminal Law Handling Difficult People Port Safety Advanced Search and Arrest Illness and Injury Prevention Program
Post Orders and Assignments
Anti- Harassment Investigation and Reports Power to Arrest Chemical Agents Liability and Legal Aspects Quality Control Manager Communication Loss Prevention Radio Procedures
Crowd Control Management Training Safety Manual
Customer Service Maritime Security Training Module Sales Training DHS Training MOAB Shelter Training
Driver Safety Museum Supervisor Training
Evacuation Procedures Observation and Documentation Time Management Fire Life Safety Officer Handbook Weapons of Mass Destruction Fire Safety Officer Course Officer Survival Workplace Violence De-escalation Training
Patrol Solutions maintains a staff of instructors certified in several disciplines of de-escalation training, including AVADE® and MOAB®. This training, provided to our security officers in the field, enables those officers to successfully de-escalate situations, and thus prevents the need for use of force or police intervention. The AVADE training program is an integral piece of an effective workplace violence plan. It teaches officers key topics, including:
• How to recognize the assault cycle
• How to legally defend yourself and others
• How to survive an active shooter situation
• How to create long lasting personal safety habits
• How to avoid being a victim of crime and violence
• How to create long lasting personal safety habits
MOAB training presents principles, techniques, and skills for recognizing, reducing, and managing violent and aggressive behavior. The program also provides humane and compassionate methods of dealing with aggressive people both in and out of the workplace. It teaches officers how to create a winwin situation in difficult confrontations and resolve conflicts decisively and diplomatically with verbal and non-verbal communication skills, as well as with personal defense and safety skills.

Mental Health Training
Mental Health First Aid is an 8-hour course that gives people the skills to help someone who is developing a mental health problem or experiencing a mental health crisis. The evidence behind the program demonstrates that it does build mental health literacy, helping the public identify, understand, and respond to signs of mental illness. Our training manager is a certified trainer for this course. Just as CPR training helps a person with no clinical training assist an individual following a heart attack, Mental Health First Aid training helps a person assist someone experiencing a mental health crisis such as Exhibit 1
City Council 25 – 31 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 26
contemplating suicide. In both situations, the goal is to help support an individual until appropriate professional help arrives. Mental Health First Aiders learn a single 5-step strategy that includes assessing risk, respectfully listening to and supporting the individual in crisis, and identifying appropriate professional help and other supports. Participants are also introduced to risk factors and warning signs for mental health or substance use problems, engage in experiential activities that build understanding of the impact of illness on individuals and families, and learn about evidence-supported treatment and self-help strategies. The National Council for Behavioral Health operates Mental Health First Aid USA in partnership with the Missouri Department of Mental Health. Patrol Solutions provides this training to all officers. As a value-added benefit, this training is also freely available to our clients, should you wish to participate.

Mental Health First Aid training covers the following topics:
• Introduction to Mental Health First Aid
• Mental Health Problems in the USA
• The Mental Health First Aid Action Plan
• Understanding Depression
• Understanding Anxiety Disorders
• Crisis First Aid for Suicidal Behavior & Depressive Symptoms • What Is Non-Suicidal Self-Injury?
• Non-crisis First Aid for Depression and Anxiety
• Crisis First Aid for Panic Attacks
• Crisis First Aid for Traumatic Events
• Understanding Disorders in Which Psychosis May Occur
• Crisis First Aid for Acute Psychosis
• Understanding Substance Abuse Disorder
• Crisis First Aid for Overdose
• Crisis First Aid for Withdrawal
• Using Mental Health First Aid
Exhibit 1
City Council 25 – 32 4/5/2022
Thursday, January 20, 2022 Patrol Solutions
PROPOSAL Page 27

6. FEE PROPOSAL
Exhibit 1
City Council 25 – 33 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Agreement with Stage Plus, Inc. for Stage Rental Service AGENDA TITLE:

Agreement with Stage Plus, Inc. for Stage Rental Service at City Events for an Annual Amount not to Exceed $158,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $474,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Stage Plus, Inc. for stage rental service at City events for an annual amount not to exceed $158,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $474,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)’s efforts to bring together the elements needed to provide multiple City-produced events throughout the year.

Company Score
Stage Plus, Inc. 280
The Perfect Event 254
Groovelabs 174
Atmosphere Events 136
Based on the results of the evaluation scores, PRCSA is recommending entering into an agreement with Stage Plus, Inc. for a three-year term. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

City Council 26 – 1 4/5/2022
Agreement with Stage Plus, Inc. for Stage Rental Service April 5, 2022

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified years:

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 26 – 2 4/5/2022

Page 1 of 10 ends

AGREEMENT WITH STAGE PLUS, INC., TO PROVIDE STAGE RENTAL SERVICES

TO THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Stage Plus, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide a stage for various large-scale events for the City’s Parks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

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:

2. COMPENSATION
a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Fifty-Eight Thousand Dollars and Zero Cents ($158,000) with a total Agreement aggregate amount not to exceed Four Hundred Seventy-Four Thousand Dollars and Zero Cents ($474,000). 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.

Payment need not be made for work which fails to meet the standards of Exhibit 1
City Council 26 – 3 4/5/2022

Page 2 of 10 ends

performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below.

Page 3 of 10 ends

the purposes intended by this Agreement shall be at City’s sole risk.

Page 4 of 10 ends

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Exhibit 1
City Council 26 – 6 4/5/2022

Page 5 of 10 ends

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Page 6 of 10 ends

Exhibit 1
City Council 26 – 8 4/5/2022

Page 7 of 10 ends

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Stage Plus, Inc.
2330 S Susan Street
Santa Ana, CA 92704
Attn: Manny Huante
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Exhibit 1
City Council 26 – 9 4/5/2022

Page 8 of 10 ends

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 1
City Council 26 – 10 4/5/2022

Page 9 of 10 ends

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

EXHIBIT A
Exhibit 1
City Council 26 – 13 4/5/2022
City of Santa Ana RFP 21-139

Page 13 ends

Appendix
ATTACHMENT 1-B

SCOPE OF WORK
SERVICE:

STAGE RENTAL
The City is seeking a company with the capacity to provide a stage for large-scale events. Below is a sample listing of stage rental equipment for a previous large-scale event. 40’ X 32’ X 5’-Stage
40’ X 32’ X 30’-Roof
16’ X 8’-20 Panel LED video wall
Stage lighting
Audio Equipment
Video Equipment
Forklift
Banners
Audio/visual technicians/DJs/MCs
Generators
The contractor will be expected to provide, install, set -up, maintain and remove stage equipment for requested events.

The contractor is also expected to coordinate with various City departments and other contractors associated with the event. Equipment to be provided by the contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company.

Exhibit 1
City Council 26 – 14 4/5/2022

EXHIBIT B
Exhibit 1
City Council 26 – 15 4/5/2022
Exhibit 1
City Council 26 – 16 4/5/2022
Exhibit 1
City Council 26 – 17 4/5/2022
Exhibit 1
City Council 26 – 18 4/5/2022
Exhibit 1
City Council 26 – 19 4/5/2022
Exhibit 1
City Council 26 – 20 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Traffic Control Equipment and Services at City Events AGENDA TITLE:

Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an Agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of $150,000, subject to non-substantive changes approved by the City Manager and City Attorney.

An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received one proposal. City staff reviewed the proposal and based on the results of the review and experience in working with the vendor in the past, PRCSA is recommending entering into an agreement with California Barricade Rentals, Inc. for a three-year term. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified years:

City Council 27 – 1 4/5/2022
Traffic Control Equipment and Services at City Events
April 5, 2022

Page 2 ends

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 22-
23 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$40,000
FY 22-
23 01114405-
62300
General
Fund
Police Dept-Traffic
Contractual ServicesProfessional
$10,000
FY 23-
24 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$40,000
FY 23-
24 01114405-
62300
General
Fund
Police Dept-Traffic
Contractual ServicesProfessional
$10,000
FY 24-
25 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$40,000
FY 24-
25 01114405-
62300
General
Fund
Police Dept-Traffic
Contractual ServicesProfessional
$10,000

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 27 – 2 4/5/2022

Page 1 of 9 ends

AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE

TRAFFIC CONTROL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between California Barricade Rentals, Inc., dba as California Barricade, a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide traffic control equipment and services for the City’s Parks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

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
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A and the portion of Contractor’s proposal outlining the manner in which it will provide services attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto and incorporated by reference. The annual compensation for services provided under RFP No. 21-139 shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000) with a total Agreement amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000).
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.

Exhibit 1
City Council 27 – 3 4/5/2022

Page 2 of 9 ends

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 16, below.

4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including Exhibit 1
City Council 27 – 4 4/5/2022

Page 3 of 9 ends

products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

Page 4 of 9 ends

or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Page 5 of 9 ends

Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold 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.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, Exhibit 1
City Council 27 – 7 4/5/2022

Page 6 of 9 ends

for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
Contractor 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 specified under this Agreement.

12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

Exhibit 1
City Council 27 – 8 4/5/2022

Page 7 of 9 ends

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: California Barricade Rentals, Inc.
1550 E. Saint Gertrude Place
Santa Ana, CA 92705
Attn: David Tangitau, President
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Exhibit 1
City Council 27 – 9 4/5/2022

Page 8 of 9 ends

the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.

15. 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.

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

17. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

18. 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.

Exhibit 1
City Council 27 – 10 4/5/2022

Page 9 of 9 ends

19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

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 exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM CALIFORNIA BARRICADE
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
Brandon Salvatierra David Tangitau
Deputy City Attorney President

RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 1
City Council 27 – 11 4/5/2022

EXHIBIT A
Exhibit 1
City Council 27 – 12 4/5/2022
City of Santa Ana RFP 21-139

Page 16 ends

Appendix
ATTACHMENT 1-E

SCOPE OF WORK
SERVICE:

TRAFFIC CONTROL EQUIPMENT
The City is seeking a company with the capacity to provide traffic control equipment for various events. Below is a sample listing of equipment provided for previous large-scale events. • 7-Arrow Boards
• 1-Message Board
• 100-Pedestrian Barricades
• 100-Parade Barricades
• 49-Water-Filled K-Rails
• 35-Type I Barricades
• 45-Type III Barricades
• 166-Signs on Type I Barricades
• 40-Signs on Type III Barricades
• 15-Traffice Control Technicians
• 1-Water truck to fill K-Rails
Traffic control plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency.

Exhibit 1
City Council 27 – 13 4/5/2022

EXHIBIT B
Exhibit 1
City Council 27 – 14 4/5/2022

MANNER FOR PERFORMING SERVICES

OUTLINE

1. Client initiates event
a. Call or email comes in
b. Plan is provided or requested

2. Vendor assesses required service
a. Physical site review
b. Review of plans or equipment list
i. Design of plan if requested
c. Engagement with client for additional information

3. Pre-event meeting
a. Attend all pre-event meetings scheduled by client
b. Engage in questions and receiving of directives

4. Finalization of exact scope
a. Vendor and client agree, and have a clear understanding of the scope

5. Event specific proposal
a. Vendor provides proposal
b. Client accepts proposal
i. Issuance of purchase order

6. Vendor engages with water delivery service
a. Secure event date
b. Communicate volume

7. Vendor’s preparation of equipment
a. Assess for adequate inventory
b. Inspection for cleanliness and maximum reflectivity
c. Load and secure equipment for transport to deliver, or pre-stage

8. Vendor pre-stages event (if needed)
a. Drop equipment in strategic locations for expeditious set-up on event day

9. Event day
a. Timely placement of delivered, or pre-staged equipment b. Drive through completed set up
i. Adjust placement
ii. Add more equipment if needed
c. Notify client set-up is complete

10. Pick-up
a. Mobilize technicians for timely pick up
b. Dispatch adequate number of trucks
c. Drive through event area to ensure all equipment is picked up

11. Vendor’s issuance of invoice
a. Review field documents for accuracy
b. Issue accurate and timely invoice
c. Address client questions if any

12. Post event meeting
a. Attend wrap-up meeting post event
b. Engage in feedback, and suggestions for future success c. Express appreciation to all who participated in the execution of the event Attachment 3-7
Exhibit 1
City Council 27 – 15 4/5/2022

EXHIBIT C
Exhibit 1
City Council 27 – 16 4/5/2022
$4.00 each
$.40 each
$2.75 each
$105.00 per hour $145.00 per hour
$3.00 each
$4.00 each
$750.00 minimum*
* The unit price for water truck service depends on the quantity of barriers per event.

David Tangitau President
01/17/2022
Exhibit 1
City Council 27 – 17 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Agreement with A1 Party Rental for Event Equipment Rental Services AGENDA TITLE:

Agreement with A1 Party Rental for Event Equipment Rental Services at City Events for an Annual Amount not to exceed $86,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $258,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with A1 Party Rental for event equipment rental services at City events for an annual amount not to exceed $86,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $258,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 20, 2021, staff issued Request for Proposal (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)’s efforts to bring together the elements needed to provide multiple City-produced events throughout the year.

An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received one proposal. City staff reviewed the proposal and based on the results of the review and experience in working with the vendor in the past, PRCSA is recommending entering into an agreement with A1 Party Rental for a three-year term. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified years:

City Council 28 – 1 4/5/2022
Agreement with A1 Party Rental Event Equipment Rental Services April 5, 2022

Page 2 ends

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 28 – 2 4/5/2022

Page 1 of 10 ends

AGREEMENT WITH A1 PARTY RENTAL TO PROVIDE, INSTALL, AND REMOVE

RENTAL EQUIPMENT FOR VARIOUS CITY EVENTS
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between A1 Party Rental (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 20, 2021, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide various event services for the City’s Parks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

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:

2. COMPENSATION
a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in the Fee Schedule, which is attached as Exhibit B and incorporated in full. The annual compensation for services provided under RFP No. 21-139 shall not exceed Eighty-Six Thousand Dollars and Zero Cents ($86,000) with a total Agreement amount not to exceed Two Hundred Fifty-Eight Thousand Dollars and Zero Cents ($258,000). 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.

Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

Exhibit 1
City Council 28 – 3 4/5/2022

Page 2 of 10 ends

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 16, below.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Exhibit 1
City Council 28 – 4 4/5/2022

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Exhibit 1
City Council 28 – 5 4/5/2022

Page 4 of 10 ends

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Exhibit 1
City Council 28 – 6 4/5/2022

Page 5 of 10 ends

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Exhibit 1
City Council 28 – 7 4/5/2022

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13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Exhibit 1
City Council 28 – 8 4/5/2022

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shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: A1 Party Rental
Attn: Rene Martinez, COO
251 E Front Street
Covina, CA 91723
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

Exhibit 1
City Council 28 – 9 4/5/2022

Page 8 of 10 ends

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, Exhibit 1
City Council 28 – 10 4/5/2022
Exhibit 1
City Council 28 – 11 4/5/2022

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RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 1
City Council 28 – 12 4/5/2022

EXHIBIT A
Exhibit 1
City Council 28 – 13 4/5/2022
City of Santa Ana RFP 21-139

Page 12 ends

Appendix
ATTACHMENT 1-A

SCOPE OF WORK
SERVICE:

EQUIPMENT RENTAL-LARGE EVENTS
The City is seeking a company with the capacity to provide rental equipment for large-scale events. Below is a sample listing of equipment rented for a previous large-scale event and approximate quantities.

Quantity Equipment Quantity Equipment
3200 Astro Turf (sq.ft.) 25 Fire Extinguisher
380 Canopy Base 1 Forklift
95 Canopy (various sizes) 3 Generator
6 Canopy Water Barrel 120 Lights (various types)
400 Chair (various types) 15 Linen(various sizes)
2 Cooler 2 Lounge Sofa
100 Electrical Cord (various lengths) 50 Portable Restroom (various types) 100 Table Cover (various sizes) 85 Sandbag
75 Drapery 20 Sink (various types)
1 Electrical Dist. System 160 Table (various sizes)
20 Electrical Outlet 10 Trash Can
4 Fan 30 Two-Way Radios
2 Water Hose 16 Water Tanks
Labor Fencing
The contractor will be expected to provide, install, set -up, maintain and remove rental equipment for requested events.

The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor is expected to obtain the necessary permits for temporary structures and utilize a licensed contractor to pull the necessary permits. Once a plan has been approved by City (authorized representative), the contractor will sign a notice-to-proceed letter, agreeing to comply with the scope of the plan. Equipment to be provided by the contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company.

Exhibit 1
City Council 28 – 14 4/5/2022

EXHIBIT B
Exhibit 1
City Council 28 – 15 4/5/2022
City of Santa Ana RFP 21-139

Page 35 ends

Appendix
ATTACHMENT 3-8-A

FEE SCHEDULE
SERVICE:

EQUIPMENT RENTAL-LARGE EVENTS
City may request equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. Include a picture of each equipment item listed below.

Equipment Unit Price Equipment Unit Price
Canopy (10’x10’) Portable Toilet
Canopy (10’x20’) Portable Toilet (ADA)
Canopy (20’x20’) Handwashing Sink-Two Station
Sidewall (8’x10’) Artificial Turf (sq.ft)
Sidewall (8’x20’) Picket Fence (6’ length)
Canopy Base-Steel Generator 125KVA
Table (60” Round) Electrical Distribution System
Table (8’x30”) Light Tower
Linen (120” length) Delivery/Pick Up (per trip)
Folding Chair Labor (per hour)
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. __________________________________________________________________________________________________ Printed Name of Authorized Agent Title
__________________________________________________________________________________________________ Signature of Authorized Agent Date
$104.50
$198.00
$16.50
$4.95
$12.65
$20.90
$1.32
$13.75
$95.00
$150.00
$70.00
$0.77
$16.50
$800 for 8hr
$4,500.00
$85.00
$300.00
$275.00
$33.00
$297.00
Rene Martinez COO
1/20/2022
Exhibit 1
City Council 28 – 16 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Proposed Partnership and Sponsorship Policies
AGENDA TITLE:

Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy

RECOMMENDED ACTION

1. Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors.

2. Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors.

DISCUSSION
About the Partnership Policy
The establishment of the proposed City of Santa Ana Partnership Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors.

Partnerships shall be inclusive of the following elements: (1) Align with the City’s mission, vision, or values; (2) Provide an equitable process for potential partners; (3) Maximize available community resources; and (4) Encompass a broad spectrum of agreements and strategies. This policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities.

Significant areas of the proposed Partnership Policy include the following:
 TYPES OF PARTNERSHIPS
The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to City Council 29 – 1 4/5/2022
Proposed Partnership and Sponsorship Policies
April 5, 2022

Page 2 ends

amplify reach within the community, and (4) an impactful community investment.

These partnerships can take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision-making, while other partnerships take a more passive role.
 GUIDING PRINCIPLES
The guiding principles serve as a framework for the City to consider potential partnerships such as (1) mutual benefits and consistency with City policy, (2) mitigated risk, (3) coordination, and (4) performance measurement and evaluation.  PARTNERING PROCESS
The partnering process describes the steps for the creation of a partnership with the City.
 EVALUATION PROCESS
The evaluation process includes determining whether the proposed partnership meets the mission, vision or values of the City.
 PARTNERSHIP AGREEMENTS
Partnership Agreements will include contractual language consistent with all applicable City policies and ordinances and good business practices. Partnership agreements shall be approved by the City Council.
 EXCLUSIONS
The City reserves the right to reject proposed partnerships deemed inappropriate or offensive in any manner.

About the Sponsorship Policy
The establishment of the proposed City of Santa Ana Sponsorship Policy is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana to its residents and visitors. Sponsorships are cash or in-kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor’s name, logo message, products or services. This policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources.

Significant areas of the proposed Sponsorship Policy include the following:
 GUIDELINES FOR ACCEPTABLE SPONSORSHIPS
City Council 29 – 2 4/5/2022
Proposed Partnership and Sponsorship Policies
April 5, 2022

Page 3 ends

Eligible sponsors must be businesses, nonprofit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City.
 APPLICATION SUBMISSION
The City shall compile and make available to the public a list of potential sponsorship opportunities.
 APPLICATION EVALUATION
In assessing sponsorship proposals, the City will consider established criteria.  SPONSORSHIP AGREEMENTS
Sponsorship agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council.
 EXCLUSIONS
The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner.

The full text of each policy is attached to this staff report, along with their accompanying resolutions.

FISCAL IMPACT
There is no fiscal impacted related to this report.

EXHIBIT(S)

1. Resolution approving the Partnership Policy

2. Resolution approving the Sponsorship Policy
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 29 – 3 4/5/2022
Resolution No. 2022-XXX

Page 1 of 2 ends

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA

APPROVING THE PARTNERSHIP POLICY
WHEREAS, the City gets many requests annually to partner with various businesses, companies and/or non-profit entities;
WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of partnership opportunities with the City and define the process for such partnerships; and WHEREAS, the proposed Partnership Policy will be a clear and transparent way to outline the process for partnering with the City for a wide variety of events and opportunities; and WHEREAS, the City believes that partnerships will enhance programs and services provided to Santa Ana residents and visitors.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The Partnership Policy, attached as Exhibit A, is hereby approved.

Section 2. 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 April, 2022.

Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Laura A. Rossini
Chief Assistant City Attorney
Exhibit 1
City Council 29 – 4 4/5/2022
Resolution No. 2022-XXX

Page 2 of 2 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April___, 2022.

Date:

Daisy Gomez
Clerk of the Council
City of Santa Ana
Exhibit 1
City Council 29 – 5 4/5/2022
City Manager’s Authorization
City of Santa Ana Partnership Policy Date
[Month Day, Year]
1 City of Santa Ana
Administrative
Policies and Procedures
Purpose
The purpose of the City of Santa Ana (“City”) Partnership Policy (“Policy”) is to establish policies, guidelines and procedures governing how partnerships between the City and external entities transpire. The intent of a partnership is to expand or enhance programs and services the City delivers to Santa Ana residents.

Definition
The establishment of this Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements:
(1) align with the City’s mission, vision, or values; (2) provide an equitable process for potential partners; (3) maximize available community resources; and (4) encompass a broad spectrum of agreements and strategies. This Policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities.

Policy

1. TERMS GLOSSARY (Appendix A)

2. TYPES OF PARTNERSHIPS
The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to amplify reach within the community, and (4) an impactful community investment.

2.1 Active Partnerships
Active partnerships include leases, contracts, sponsorship agreements, marketing agreements, management agreements, joint-use agreements, inter-governmental agreements, or any combination thereof. Proposed partnerships considerations include, but are not limited to, facility, service, maintenance, operations, program development, and other associated needs.

2.2 Public/Private Partnerships
Exhibit 1
City Council 29 – 6 4/5/2022
2 A public/private partnership is between a government entity and a private company.

2.3 Public/Non-Profit Partnerships
A public/non-profit partnership is between a government entity and a nonprofit organization.

2.4 Public/Public Partnerships
A public/public partnership is between two government entities

2.5 Sponsorships
Sponsorships for facilities and programs is one type of beneficial partnership.

3. GUIDING PRINCIPLES
The guiding principles below serve as a framework for the City to consider potential partnerships.

3.1 Mutual benefits and Consistency with City Policy
Both the City’s and the partner’s goals should be openly and clearly stated.

The City will strive to determine that a proposed partnership be mutually beneficial to both parties. All partnerships shall be consistent with all applicable policies and procedures set by the City.

3.2 Mitigated Risk
The partners, its employees, and potential subcontractors must comply with all applicable laws, codes, rules, regulations and requirements pertaining to the execution of the partnership.

3.3 Coordination
The City Manager or designee will align each proposed partnership with all City departments identified as being crucial to the success of the associated program or project.

3.4 Performance Measurement and Evaluation
At the outset of each partnership, a set of achievable performance measures shall be established. At the conclusion of each project, a report evaluating the project against the stated performance measures and any additional information should be completed and forwarded to the City Manager’s Office or designee.

4. PARTNERING PROCESS
The partnering process describes the steps for the creation of a partnership with the City.

4.1 Define scope of partnership, including a description of the community need, partnership benefits, and general strategy, as well as the following:

4.1.1 Consistency of the goals of the proposed partnership with the City’s mission, vision, or values, and core services.

Exhibit 1
City Council 29 – 7 4/5/2022
3 4.1.2 Consistency with existing laws, along with the City’s policies and practices.

4.1.3 Balance between the potential benefit of the partnership with the level of risk assumed by the City.

4.1.4 Potential for actual or perceived conflicts between demonstration partners’ and City’s goals or business practices.

4.2 Develop a Request for Proposal (RFP) to solicit desired partnership opportunities.

4.3 The City Manager or designee, along with City staff members from the participating City department, reviews all responsive proposals received through a competitive proposal process.

4.4Partnership Agreements shall be approved by the City Council.

5. EVALUATION PROCESS
The City Manager or designee shall make an initial determination as to whether the proposed partnership meets the mission, vision or values of the City. If the proposed partnership meets these initial evaluation criteria, then the City shall be responsible for further evaluating the proposal and returning a recommendation to the City Manager or designee for consideration. Should the proposal not meet the initial evaluation criteria, then the City Manager or designee shall notify the proposer of the determination.

6. PARTNERSHIPS AGREEMENTS
Partnership Agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable CITY policies and ordinances and good business practices. Partnership Agreements shall be approved by the City Council.

7. EXCLUSIONS
The City reserves the right to reject proposed partnerships that the City deems inappropriate or offensive in any manner. The below partnerships will not be considered:

7.1Promote practices that violate federal, state or local laws or regulations

7.2Parties involved in a lawsuit with City

7.3Promote drugs, alcohol, tobacco or tobacco-related products, gambling, or adult materials or entertainment

7.4Discriminate based upon a protected class or any other basis prohibited by federal or state law

7.5 Prohibited by local, state or federal law or regulations

7.6Include religious symbols, references or statements

7.7Include political symbols, references or statements

7.8Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations

7.9Derive their business from the sale of alcohol, tobacco or tobacco-related products, firearms, pornography or sexually explicit goods or services

7.10 Appear to be in conflict with City policies, procedures, services, or products

7.11 Create or appear to create a conflict of interest or a potential conflict of interest Exhibit 1
City Council 29 – 8 4/5/2022
4 APPENDIX A

TERMS GLOSSARY
A. “City”: the City of Santa Ana
B. “City Land”: property owned, operated or leased by the City.

C. “Donation”: a monetary (cash) contribution, endowments, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return.

D. “Donation Policy”: an established City policy that encourages individuals to donate to the City, which may increase the level of services provided to residents.

E. “Facility”: a building or permanent structure that is located on land owned or operated by the City.

F. “For-Profit”: an individual, organization or business that does not have taxexempt status under the Internal Revenue Code.

G. “Formal Proposal”: a proposal from a prospective partner submitted for consideration through the City Manager’s Office.

H. “Partner”: a private entity, non-profit organization or other governmental agency.

I. “Partnership”: a cooperative agreement between the City and one or more partners to attain a common goal or purpose. Partnerships combine complementary resources to either establish mutual direction or complete a mutually beneficial project.

J. “Partnership Agreements”: several forms of formal agreements, such as lease agreements, management and/or operating agreements, maintenance agreements, intergovernmental agreements, or any other agreements, as deemed appropriate by the City.

K. “Partnership Plan”: the procedural guidelines for implementation of Partnership Policy.

L. “Private Party”: an individual, group or organization that excludes participation by the public and is either not-for-profit or for-profit.

M. “Non-Profit Organization”: a tax-exempt organization as defined under relevant sections of the Internal Revenue Code.

Exhibit 1
City Council 29 – 9 4/5/2022
5 N. “Restricted Donation”: donations designated at donor request for a particular City event, location, program or purpose.

O. “Sponsorship”: the relationship between a sponsor and the City, in which the sponsor pays a cash or in-kind fee, in return for access to the commercial potential associated with a facility, program or service.

P. “Sponsorship Policy”: an established City policy for considering potential sponsorships that enhance and support the various programs and services provided by the City.

Q. “Unrestricted Donation”: a donation to the City without any limitation upon its use.

Exhibit 1
City Council 29 – 10 4/5/2022
Resolution No. 2022-XXX

Page 1 of 2 ends

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY’S SPONSORSHIP POLICY
WHEREAS, the City gets many requests annually for sponsorship opportunities from various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of sponsorship opportunities with the City;
WHEREAS, the proposed Sponsorship Policy will be a clear and transparent way to outline the process for sponsoring available City events and/or obtaining other sponsorship opportunities with the City; and
WHEREAS, the City believes that sponsorships will enhance the programs, events and projects provided by the City to its residents and visitors.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:

Section 1. The Sponsorship Policy, attached as Exhibit A, is hereby approved.

Section 2. 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 April, 2022.

Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Laura A. Rossini
Chief Assistant City Attorney
Exhibit 2
City Council 29 – 11 4/5/2022
Resolution No. 2022-XXX

Page 2 of 2 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

Date:

Daisy Gomez
Clerk of the Council
City of Santa Ana
Exhibit 2
City Council 29 – 12 4/5/2022
City Manager’s Authorization
City of Santa Ana Sponsorship Policy Date
[Month Day, Year]
CITY of Santa Ana
Administrative
Policies and Procedures
Purpose
The purpose of the Santa Ana Sponsorship Policy (“Policy”) is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana (“City’) to its residents and visitors.

Definition
Sponsorships are cash or in-kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor’s name, logo message, products or services. This Policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources.

Policy

1. TERMS GLOSSARY (See Appendix A)

2. GUIDELINES FOR ACCEPTABLE SPONSORSHIPS
Eligible sponsors must be businesses, non-profit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City.

The City expects any proposed sponsorship will have benefits for all involved parties, including, but not limited to, benefits for the City and the community, and benefits for the sponsor. Benefits for the sponsor may include the following: (1) print and electronic media recognition; (2) press release mentions; (3) on-site and off-site signage recognition; (4) access to VIP areas, receptions, or events; and (4) complimentary booth space. Signage recognition information provided in the Sponsorship Agreement shall be effective throughout the duration of the agreement and in accordance with Santa Ana Municipal Code (SAMC) sections 41-871 and 41-872.

3.0 APPLICATION SUBMISSION
The City Manager’s Office or designee shall compile and make available to the public a list of potential sponsorship opportunities. Preliminary proposals shall be submitted to the City Manager’s Office for consideration and be in the format as outlined in the Sponsorship Application.

3.1 Sponsorship Proposal
Exhibit 2
City Council 29 – 13 4/5/2022
2 Entities interested in establishing a City-sponsor relationship must submit a Sponsorship Application. The Sponsorship Application shall include a scope of the proposed sponsorship, including, but not limited to, the following:

3.3.1 Description of organization and specific target market

3.3.2 Summary of sponsorship proposal

3.3.3 Sponsorship categories and events of interests

3.3.4 Benefits of collaboration

3.2 Categories of Sponsorships
The categories of sponsorships, listed in order of highest to lowest priority, is as follows:

3.2.1 Primary Sponsor/ Citywide Event Program Sponsor

3.2.2 Title Sponsor / Interest Specific Event Sponsor

3.2.3 Presenting Sponsor / Single Event Sponsors

3.2.4 Sponsor / Event Contributor

3.2.5 Media Sponsor

3.2.6 Official Supplier

3.2.7 Co-Sponsor
4 APPLICATION EVALUATION
In assessing sponsorship proposals, the City will consider, as appropriate, the following criteria:

4.2 Compatibility of prospective sponsor’s products, services and marketing goals with the City’s mission, visions or values.

4.3 How proposed sponsorship supports current priorities, programs, and core services of the City, as defined in the City’s current budget or other documents.

4.4 The proposed sponsorship meets a need identified by policies related to provision of services and programs, the adopted City budget, or City policies. In addition, the proposed sponsorship enhances current City priority programs and/or core services by providing additional programming, financial and/or inkind resources, community outreach, volunteers, or other tangible support at least equivalent to the City’s contributions, or reduces General Fund expenditures.

4.5 Compatibility of sponsorship marketing benefits and temporary advertising with design standards or visual integrity of City facilities and/or events as defined in the City’s various policies and procedures relating to branding and style, the City logo, Zoning Code, and any applicable provisions of the Santa Ana Municipal Code.

4.6 Tangible and intangible benefits balanced for both the sponsor and the City.

4.7 The prospective sponsor is one of the following:

4.7.1 Incorporated 501(c)(3) nonprofit organization

4.7.2 California certified tax-exempt nonprofit organization Exhibit 2
City Council 29 – 14 4/5/2022
3 4.7.3 Public agency

4.7.4 For profit, commercial and/or private business; or individual committee formally established by the City Council or an official City Board or Commission

4.7.5 Established club, association or organized group, as determined by the City Manager’s Office or designee that provides services and programs directly to Santa Ana residents

4.8 Prior relationships with the sponsor and the City have been successful. 5 SPONSORSHIP AGREEMENTS
Sponsorship agreements shall be evaluated on a case-by-case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council.
6 EXCLUSIONS
The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The below sponsorships will not be considered.

6.1 Promote practices that violate federal, state or local laws or regulations

6.2 Parties involved in a lawsuit with City

6.3 Promote drugs, alcohol, tobacco or tobacco-related products, gambling or adult materials or entertainment

6.4 Discriminate based upon a protected class or any other basis prohibited by federal or state law.

6.5 Include religious symbols, references or statements

6.6 Include political symbols, references or statements

6.7 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations

6.8 Derive their business from the sale of alcohol, tobacco or tobacco-related products, firearms, pornography, or sexually explicit goods or services

6.9 Appear to be in conflict with City policies, procedures, services, or products.

6.10 Create or appear to create a conflict of interest or a potential conflict of interest.

APPENDIX A

TERMS GLOSSARY
A. “City”: the City of Santa Ana.

B. “Citywide Event Program Sponsor”: supporting all City of Santa Ana events or combination of various events during the year.

C. “Co-Sponsors”: a sponsor of the same program or service as another.

Exhibit 2
City Council 29 – 15 4/5/2022
4 D. “Donation”: a monetary (cash) contribution, endowment, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return.

E. “Event Contributor”: contributing supplies, in-kind services, and assistance with event programming.

F. “In-Kind Sponsorship”: payment of a sponsorship fee in goods or services rather than cash.

G. “Interest-Specific Event Sponsor”: event programming for an interestspecific program category during the year. Category sponsorships are ideal for companies and organizations interested in aligning their brand with a specific or niche target market.

H. “Media Sponsor”: television and radio stations, print media, and outdoor advertising companies that provide cash, or more frequently, advertising time or space, in exchange for official designation of a facility, program or service.

I. “Official Supplier”: a company or organization that pays a premium or provides substantial economic benefit in exchange for the right to be the sole advertised provider of goods or services provided to the City.

J. “Presenting Sponsor”: the sponsor that has its name presented just below that of the sponsored facility, program or service.

K. “Primary Sponsor”: the sponsor providing the largest contribution and receiving the most prominent recognition.

L. “Single Event Sponsors”: a sponsor that supports one event of their choice during the year. Sponsorship benefits vary depending on event.

M. “Sole Sponsor”: a company or organization that has paid to be the only sponsor of a facility, program or service.

N. “Sponsorship”: the relationship between a sponsor and the City, in which the sponsor pays a cash or in-kind fee, in return for access to the commercial potential associated with a facility, program or service.

O. “Sponsorship Fee”: a payment made by a sponsor to the City.

Exhibit 2
City Council 29 – 16 4/5/2022
Human Resources
www.santa-ana.org/hr
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: CalPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process
AGENDA TITLE:

Approve Amended and Restated Resolution to Update the Required Language from CalPERS Delegating Authority to the City Manager for Disability Retirement Determinations and Applications and Recognizing an Appeal Process

RECOMMENDED ACTION
Adopt a resolution for an amendment to and restatement of Resolution No. 92-061 delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members.

DISCUSSION
On January 7, 1974, the City Council adopted Resolution No. 74-6, which delegated to the City Manager the authority to make determinations of disability on behalf of the City, whether such disability is industrial, and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System (“CalPERS”). On December 17, 1985, the City adopted Resolution No. 85-157, which repealed Resolution No. 74-6 and delegated to the City Manager the authority to make determinations regarding disability retirements on behalf of the City and provided for an appeals process for an employee to appeal the City Manager’s determination. On July 7, 1987, the City Council adopted Resolution No. 87-56, which amended Resolution No. 85-157 to provide the appeal would be at no cost to the City employee, repealing sections 3-6 of Resolution No. 85-157 (describing said costs). On April 3, 1992, the City adopted Resolution No. 92-061, delegating authority to the City Manager to make disability retirement determinations and providing for the appeal hearing of any local safety member before an administrative law judge instead of the City Council.

CalPERS has determined that the current resolution (Resolution 92-061) does not include the required language authorizing the City Manager perform the necessary actions to effectuate the full Disability Retirement process, specifically, to sign Employer-Originated Disability (“ERO”) applications, which is necessary under the Government Code. For the City to be in compliance, it would be necessary for the current resolution to be updated City Council 30 – 1 4/5/2022
CalPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process
April 5, 2022

Page 2 ends

and approved by the City Council, with a copy of the executed document to be submitted to CalPERS.

Government Code § 21153 states, “Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731.”
The California Public Employees’ Retirement System Public Agency & Schools Reference Guide, January 2022 edition, provides further instruction for contracting agencies:

As soon as it is believed the CalPERS member is unable to perform the job because of an illness or injury, which is expected to be permanent, or last at least 12 consecutive months or will result in death as determined based on competent medical opinion, application for Disability Retirement or Industrial Disability Retirement should be submitted by either the member or on the member’s behalf. The medical condition does not have to be "permanent and stationary" under Workers’ Compensation to submit the application (Gov. Code sections 21153 and 21252).

Therefore, for the good and efficient order of operations, staff recommends approval of the amendment to and restatement of Resolution No. 92-061, delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution

2. Resolution 92-061
Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager
City Council 30 – 2 4/5/2022
Resolution No. 2022-XXX

Page 1 of 2 ends

RESOLUTION 2022-XXX

A RESOLUTION OF THE SANTA ANA CITY COUNCIL AMENDING AND RESTATING RESOLUTION 92-061 PROVIDING FOR DELEGATION OF AUTHORITY TO THE CITY

MANAGER TO PERFORM NECESSARY ACTIONS TO APPLY FOR DISABILITY AND

INDUSTRIAL DISABILITY RETIRMENTS FOR MISCELLANEOUS AND LOCAL SAFETY MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 21173
WHEREAS, the City of Santa Ana is a contracting agency of the California Public Employees’ Retirement System (“CalPERS”); and
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is “industrial” within the meaning of such Law; and WHEREAS, on December 17, 1985, the Santa Ana City Council approved Resolution No. 85-157, delegating to the City Manager the authority or duty to make CalPERS disability retirement determinations and the right to appeal the City Manager’s determination to the City Council;
WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No. 87-56 amending Resolution No. 85-157 to provide that the appeal would be at no cost for the City employee and repealing sections 3-6 of Resolution No. 85-157; and WHEREAS, on June 15, 1992, the Santa Ana City Council approved Resolution No. 92- 061 delegating authority to the City Manager to make disability retirement determinations and modifying the appeal procedures for local safety members of CalPERS to conform with changes in the law that required that any appeal hearing be conducted by an administrative law judge; and WHEREAS, the Santa Ana City Council has determined upon legal advice that it may delegate authority under Government Code section 21173 to make determinations whether an employee of the City of Santa Ana classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such Law to the City Manager; and
WHEREAS, the Santa Ana City Council has determined that it is necessary to amend and restate Resolution No. 92-061 to summarize the delegation of authority to the City Manager, which includes the authority to perform all necessary actions to effectuate the full disability and industrial disability process for City employees that are miscellaneous and local safety members of CalPERS;
City Council 30 – 3 4/5/2022
Resolution No. 2022-XXX

Page 2 of 3 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that:

Section 1. The Santa Ana City Council delegates to the City Manager the authority to make application on behalf of the City of Santa Ana pursuant to Government Code section 21152(c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

Section 2. The Santa Ana City Council delegates to the City Manager the authority to make determinations of disability on behalf of the City of Santa Ana under Government Code 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to CalPERS.

Section 3. A local safety member of CalPERS may appeal the determination by the City Manager regarding whether the local safety member is or is not incapacitated for purposes of eligibility to retire for disability. Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of April, 2022.

Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:

Laura A. Rossini
Chief Assistant City Attorney
City Council 30 – 4 4/5/2022
Resolution No. 2022-XXX

Page 3 of 3 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2022.

Date:

Clerk of the Council
City of Santa Ana
City Council 30 – 5 4/5/2022
City Council 30 – 6 4/5/2022
City Council 30 – 7 4/5/2022
City Council 30 – 8 4/5/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Assembly Bill 361
AGENDA TITLE:

Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361

RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary.

The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.

In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021.

It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 telecommuting resolution City Council 31 – 1 4/5/2022
Assembly Bill 361
April 5, 2022

Page 2 ends

for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently on March 15, 2022, the City Council adopted Resolution No. 2022-021, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 31 – 2 4/5/2022
Resolution 2022-XXX

Page 1 of 3 ends

RESOLUTION 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)
WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, and 2022-021 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and
WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council 31 – 3 4/5/2022
Resolution 2022-XXX

Page 2 of 3 ends

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows:

SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana’s City Council and each and every other legislative body of the City.

SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361.

SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval.

ADOPTED this ___ day of April, 2022.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 31 – 4 4/5/2022
Resolution 2022-XXX

Page 3 of 3 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022.

Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
City Council 31 – 5 4/5/2022
Community Development Agency
santa-ana.org/cd
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Fourth Amendment to Operating Agreement with Illumination Foundation AGENDA TITLE:

Approve a Fourth Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Additional Months (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a fourth amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional four months through June 30, 2022, at the rate of not to exceed $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute a fourth amendment to the ESG-CV funding agreement with Illumination Foundation to pay a not-to-exceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, the City is unsure when the site will be open and operational. An amendment to the Illumination Foundation agreement will provide for the continuity of care for shelter guests to remain at the temporary shelter until a Certificate of Occupancy is achieved and shelter guests can be transferred to the new site. The same funds that were anticipated to be used for the operation of the Carnegie Navigation Center will instead be used for the extension of the temporary shelter.

On April 6, 2021, the City Council approved an agreement with Illumination Foundation to operate a temporary shelter for $230,000 per month for 75 guest and a per diem rate of $55 per guest in excess of 75, in an amount not to exceed $1,500,000 from May 1, 2021 through September 30, 2021. On September 7, 2021, staff recommended that the City Council 32 – 1 4/5/2022
Fourth Amendment to Operating Agreement with Illumination Foundation April 5, 2022

Page 2 ends

City Council approve an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for up to four more months and add $600,000 to the contract amount, for an overall not-toexceed amount of $2,100,000. The City Council approved an amendment for two months only, and added $300,000 to the contract amount, for an overall not-to-exceed amount of $1,800,000. On November 16, 2021, the City Council approved an amendment to the agreement with Illumination Foundation to extend the term of the contract for up to an additional two months, through January 31, 2022. No additional funds were added at that time because the daily census count of individuals was less than 75, thereby reducing the monthly costs to the City. On January 18, 2022, the City Council approved an amendment to the agreement with Illumination Foundation to extend the term of the contract for up to an additional month at the per diem rate of $135 for an additional amount not to exceed $378,000 and a total aggregate amount not to exceed $2,178,000.

The Fullerton Recuperative Care Center provides beds for men, women and pets, following the City’s referral process and no walk-in policy. As the selected operator of the new Navigation Center, staff will transfer along with guests to the new site, without any interruption to services.

FISCAL IMPACT
Funds in the amount of $1,100,000 for the fourth amendment to the agreement are available in the Emergency Solutions Grant-CV grant, Payment to Subagent account (no. 13518789-69135) for expenditure in the current fiscal year.

EXHIBIT(S)

1. Fourth Amendment to agreement with Illumination Foundation to operate the Fullerton Recuperative Care Center as the Link temporary shelter

2. Fourth Amendment to funding agreement with Illumination Foundation for use of ESG-CV funds to operate the Recuperative Care Center as a temporary shelter Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 32 – 2 4/5/2022

Page 1 of 2 ends

FOURTH AMENDMENT TO OPERATING AGREEMENT WITH

THE ILLUMINATION FOUNDATION FOR USE OF

THE FULLERTON RECUPERATIVE CARE CENTER
THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on April 5, 2022, by and between The Illumination Foundation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2021-046, dated April 6, 2021, by which Contractor agreed to administer and operate a portion of the Fullerton Recuperative Care Center to temporarily house clients referred by the City and Street Outreach teams (“Agreement”).

B. The parties entered into a First Amendment to said Agreement No. A-2021-174 dated September 8, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 dated November 16, 2021, in order to again extend the Term of said Agreement.

D. The parties entered into a Third Amendment to said Agreement No. A-2022-006-01 dated January 18, 2022, in order to again extend the Term of said Agreement and increase the maximum amount of Compensation for said Agreement.

E. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section 2 – Effectiveness and Term of Agreement, to extend the Term of said Agreement, and Section 3 – Compensation, to increase the maximum amount of Compensation for said Agreement.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows:

1. Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022.

2. Section 3(b), Compensation, shall be amended to increase the maximum amount of compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total sum to be expended under said Agreement shall not exceed three-million two-hundred and seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement.

EXHIBIT 1
City Council 32 – 3 4/5/2022

Page 2 of 2 ends

3. Except as modified by this Fourth Amendment, all terms and conditions of said Agreement, as modified by the First, Second, and Third Amendments, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to said Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM THE ILLUMINATION FOUNDATION
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ RYAN O. HODGE Name: JOHN H. ING
Assistant City Attorney Title: Chief Financial Officer

RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 1
City Council 32 – 4 4/5/2022

Page 1 of 2 ends

FOURTH AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND THE ILLUMINATION FOUNDATION

FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on April 5, 2022, by and between The Illumination Foundation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2021-047-02, dated June 1, 2021, by which Contractor agreed to use ESG-CV funds to administer and operate a portion of the Fullerton Recuperative Care Center to temporarily house clients referred by the City and Street Outreach teams (“Agreement”).

B. The parties entered into a First Amendment to said Agreement No. A-2021-047-02-01 dated September 30, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 dated November 16, 2021, in order to again extend the Term of said Agreement.

D. The parties entered into a Third Amendment to said Agreement No. A-2022-006-02 dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

E. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section II – Term of Agreement, to extend the Term of said Agreement, and Section III – Disbursement of Funds, to increase the maximum amount of Compensation for said Agreement.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows:

1. Section II, Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022.

2. Recitals J and K, and Section III and III(a), Disbursement and Funds, shall be amended to increase the maximum amount of compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total sum to be expended under said Agreement shall not exceed three-million two-hundred and seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said EXHIBIT 2
City Council 32 – 5 4/5/2022

Page 2 of 2 ends

Agreement.

3. Except as modified by this Fourth Amendment, all terms and conditions of said Agreement, as modified by the First, Second, and Third Amendments, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to said Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 2
City Council 32 – 6 4/5/2022
Community Development Agency
santa-ana.org/cd
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Second Amendment to Agreement with Families Forward AGENDA TITLE:

Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with Families Forward for the operation of a temporary family motel program, extending the term for one additional month through June 30, 2022 and adding $80,000, for a total aggregate amount not to exceed $178,500 subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, staff is unsure when the site will be open and operational. An amendment to the Families Forward agreement will ensure that families experiencing homelessness have temporary shelter until a more permanent option is found or until the Homeless Navigation Center is open. On June 24, 2021, the City entered into an Emergency Solutions Grant Coronavirus (ESG-CV) agreement with Families Forward to operate a family motel program until the Homeless Navigation Center opens. On September 1, 2021, the agreement was amended to increase funds to serve additional families in the motel program.

To date, the family motel program has provided motel vouchers for 12 families consisting of 46 individuals. The program is augmented with Community Development Block Grant (CDBG) funds for case management services until the Homeless Navigation Center opens.

FISCAL IMPACT
Funds in the amount of $80,000 are available in the Emergency Solutions Grant-CV grant, Payment to Subagent account (no.13518789 -69135) for expenditure in the current fiscal year.

EXHIBIT(S)
City Council 33 – 1 4/5/2022
Second Amendment to Agreement with Families Forward
April 5, 2022

Page 2 ends

1. Second amendment to agreement with Families Forward for use of Emergency Solutions Grant Coronavirus funds
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 33 – 2 4/5/2022

SECOND AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND FAMILIES FORWARD FOR USE OF

EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS

THIS SECOND AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT
CORONAVIRUS AGREEMENT is entered into this 5
TH day of April, 2022, by and between the
City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Families Forward, a California nonprofit organization (“Subrecipient”).

RECITALS
A. On July 24, 2021, the City entered into an Emergency Solutions Grant Coronavirus (“ESG-CV”) Agreement #A-2020-251-06 with Subrecipient to be used in the operation of an emergency solutions program for the homeless or at-risk of homelessness of the City of Santa Ana (“said Agreement”).

B. On September 1, 2021, the Parties entered into a First Amendment to the Agreement (#A-2020-251-06A) to amend the Scope of Work for additional services and increase funds related to the expanded services.

C. In accordance with the terms and conditions of said Agreement, the parties desire to further amend the Agreement to update the Scope of Work for additional services, increase the funding to the Subrecipient, and extend the term of the Agreement for one (1) additional month.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows:

1. Recital I shall be amended to increase funding to Subrecipient by $80,000.00 in ESG-CV Funds for the Santa Ana Motel Voucher Program. The new total sum shall not exceed $178,500.00 in grant funding.

2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds, as detailed in the Amended Scope of Work attached hereto as Exhibit A to this Second Amendment and incorporated herein by reference.

3. Section I, subsection B, shall be amended to add the levels of performance required of the new funds, as detailed in the Amended Scope of Work attached hereto as Exhibit A to this Second Amendment.

4. Section III and Section III, subsection A, shall be amended to increase funding to Subrecipient by $80,000.00, for a total sum not to exceed $178,500.00. Subrecipient’s Amended Budget taking into consideration these new funds is attached hereto as Exhibit B to this Second Amendment, and incorporated herein by reference.

EXHIBIT 1
City Council 33 – 3 4/5/2022

5. Section II, TERM OF AGREEMENT, shall be amended to extend the term until June 30, 2022.

6. Except as hereinabove modified by this Second Amendment, the terms and conditions of said Agreement, as amended, remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
___________________________ ________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM: SUBRECIPIENT:

Sonia R. Carvalho
City Attorney
_____________________________ ________________________
By: RYAN O. HODGE Michelle Silva
Assistant City Attorney Chief Advancement Officer
Tax ID#: 33-0086043
DUNS#: 610093825
RECOMMENDED FOR APPROVAL:
_____________________________

STEVEN MENDOZA
Executive Director
Community Development Agency
EXHIBIT 1
City Council 33 – 4 4/5/2022

EXHIBIT A

AMENDED SCOPE OF WORK
EXHIBIT 1
City Council 33 – 5 4/5/2022
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
73 Persons
73 Persons 16.5
Program and Funding Description
Schedule of Performance
Quarter 1: July 1 - September 30 32 Persons
Quarter 2: October 1 - December 31 16 Persons
Quarter 3: January 1 - March 31 18 Persons
Quarter 4: April 1 -June 30 7 Persons
73 Total unduplicated Santa Ana Residents to be served.

Schedule of Invoicing
Quarter 1: July 1 - September 30 $26,532.20
Quarter 2: October 1 - December 31 $16,745.76
Quarter 3: January 1 - March 31 $89,665.56
Quarter 4: April 1 -June 30 $45,556.48
$ Total Grant 178,500.00
I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period.

II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period.

City of Santa Ana
Scope of Work
Families Forward
Santa Ana Motel Voucher Program
Exhibit A

Page 1 of 1 ends

III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period.

What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print.

Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2)
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.

Families Forward will provide Motel Vouchers to 18‐21 homeless families ‐ approximately 73 individuals (with this amendment, an additional 2 homeless families ‐ approximately 7 individuals) ‐ with ESG‐CV funds during the time between the closure of the Link Shelter and the opening of the new Carnegie Shelter. CDBG‐CV funds will be used to provide those families with Case Management Services since they will not have access to these types of services due to the closure of the shelter. Supportive services like case management will be offered as long as families are staying at the motel. Keeping in mind the current funding amount, we anticipate each family will be able to stay in a motel up to 2 months. The provision of services will be dependent upon the availability of grant funding.

EXHIBIT 1
City Council 33 – 6 4/5/2022

EXHIBIT B

AMENDED BUDGET
EXHIBIT 1
City Council 33 – 7 4/5/2022
Organization Name
Program Name
Total
Exhibit B

Page 1 of 1 ends

ESG Final Budget
Families Forward
Santa Ana Motel Voucher Program
Expenditures
- $ -
Category
Expenses Funded by
Santa Ana
Expenses Funded
by Other Sources
Total Program
Budget
Total Organizational
Budget
- $ -
Essential Services
- $ -
- $ -
Shelter Operations
$ -
- $ -
- $ -
- $ -
Other
Motel Vouchers 178,500 $ - $ 178,500 $
- $ -
Indirect Cost $ -
- $ -
$ - 178,500 $ 178,500 $ - $

LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above) Source Amount
Santa Ana 178,500 $
Total Funds for the Program $ 178,500
EXHIBIT 1
City Council 33 – 8 4/5/2022
Community Development Agency
santa-ana.org/cd
Item # 34
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Third Amendment to Operating Agreement with Salvation Army AGENDA TITLE:

Approve a third amendment to Salvation Army agreement to extend the operation of a temporary shelter at the Hospitality House (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute:

1. A third amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for up to four additional months in the amount of $400,000, for a total aggregate amount not to exceed $1,440,00, subject to non-substantive changes approved by the City Manager and City Attorney.

2. A third amendment to the ESG-CV funding agreement with Salvation Army to use $400,000 to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,440,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, staff is unsure when the site will be open and operational. An amendment to the agreement with the Salvation Army will provide for the continuity of care for shelter guests to remain at the temporary shelter until a Certificate of Occupancy is achieved and shelter guests can be transferred to the new site. The daily census count of individuals was less than 75 for the first few months, thereby reducing the overall costs to the City. The addition of $400,000 in new funds to the existing contract will be sufficient for a four-month extension.

On June 15, the City Council approved an agreement with the Salvation Army to operate a temporary 75-bed homeless shelter at 818 E Third Street in Santa Ana, in the amount of $390,000 for an anticipated 90-day period, subject to extension through December 31, 2021, for a total not to exceed amount of $780,000. On November 16, the City Council approved an amendment to the agreement to continue operation of the temporary shelter through January 31, 2022 for the monthly extension rate of $130,000, bringing the total agreement not-to-exceed amount to $910,000. On January 18, 2022, the City Council City Council 34 – 1 4/5/2022
Third Amendment to Operating Agreement with Salvation Army April 5, 2022

Page 2 ends

approved a second amendment in the amount of $130,000 for one month, through February 28, 2022, for a total amount not to exceed $1,040,000.

The Hospitality House provides shelter for 75 men per night, and follows the City’s referral process and the no walk-in policy. The shelter provides men a clean, safe personal bed space, three nourishing meals per day, and the opportunity to work with a professional Housing Navigator to expedite their placement in permanent housing.

FISCAL IMPACT
Funds in the amount of $400,000 are available in the Emergency Solutions Grant-CV grant, Payment to Subagent account (no.13518789 -69135) for expenditure in the current fiscal year.

EXHIBIT(S)

1. Third amendment to agreement with Salvation Army to operate the Hospitality House as a temporary shelter

2. Third amendment to the funding agreement with Salvation Army for use of ESG-CV funds to operate the Hospitality House as a temporary shelter Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 34 – 2 4/5/2022

Page 1 of 2 ends

THIRD AMENDMENT TO OPERATING AGREEMENT WITH

THE SALVATION ARMY TO OPERATE

THE HOSPITALITY HOUSE SHELTER
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on April 5, 2022, by and between The Salvation Army (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into an Agreement dated June 15, 2021, by which Contractor agreed to administer and operate the Hospitality House to temporarily house clients referred by the City and Street Outreach teams (“Agreement”).

B. The parties entered into a First Amendment to said Agreement No. A-2021-106-01 dated November 16, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

C. The parties entered into a Second Amendment to said Agreement dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

D. In accordance with the terms and conditions of said Agreement, the Parties desire to again amend Section 2 – Effectiveness and Term of Agreement, to extend the Term of said Agreement, and Section 3 – Compensation, to increase the maximum amount of Compensation for said Agreement.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows:

2. Section 3, Compensation, subsections (a) and (b), shall be amended to increase the maximum amount of compensation by four hundred thousand dollars ($400,000.00), such that the total sum to be expended under said Agreement shall not exceed one-million four hundred and forty thousand dollars ($1,440,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement.

3. Except as modified by this Third Amendment, all terms and conditions of said Agreement, as modified by the First and Second Amendments, shall remain in full force and effect.

EXHIBIT 1
City Council 34 – 3 4/5/2022

Page 2 of 2 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to said Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM THE SALVATION ARMY
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ RYAN O. HODGE Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 1
City Council 34 – 4 4/5/2022

Page 1 of 2 ends

THIRD AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND THE SALVATION ARMY

FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS THIS THIRD AMENDMENT to the above-referenced agreement is entered into on April 5, 2022, by and between The Salvation Army (“Subrecipient”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2021-106, dated June 15, 2021, by which Contractor agreed to use ESG-CV funds to administer and operate the Hospitality House to temporarily house clients referred by the City and Street Outreach teams (“Agreement”).

C. The parties entered into a Second Amendment to said Agreement No. A-2021-106-02 dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement.

D. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section II –Term of Agreement, to extend the Term of said Agreement, and Section III – Disbursement of Funds, to increase the maximum amount of Compensation for said Agreement.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows:

2. Recitals J and K, and Sections III and III(a), Disbursement and Funds, shall be amended to increase the maximum amount of compensation by four hundred thousand dollars ($400,000.00), such that the total sum to be expended under said Agreement shall not exceed one million four hundred and forty thousand dollars ($1,440,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement.

3. Except as modified by this Third Amendment, all terms and conditions of said Agreement, except as modified by the First and Second Amendments, shall remain in full force and effect.

EXHIBIT 2
City Council 34 – 5 4/5/2022

Page 2 of 2 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to said Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM THE SALVATION ARMY
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________ RYAN O. HODGE Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 2
City Council 34 – 6 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Amend Agreement for Graffiti Removal Services

AGENDA TITLE
Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $350,000, and by $700,000 Annually for the Remaining Term of the Agreement (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000 thereafter, for a total amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
This item was continued from the March 15, 2022 City Council Meeting.

The Public Works Agency’s Maintenance Services Division is responsible for citywide graffiti removal from locations that are visible on and adjacent to the right-of-way, including park facilities, bike lanes, and other high-traffic areas that are prone to graffiti.

Graffiti removal services have been contracted since 2011 and provide removal at nearly 135,000 sites annually, with an average response time of 48 hours or less.

On July 21, 2020, the City entered into a three-year agreement with Graffiti Protective Coatings, Inc. (GPC), the current graffiti removal provider, in an amount not to exceed $1,360,000 annually, with the option to grant up to five, one-year renewals. GPC has provided exceptional graffiti removal services for the City since 2014, removing graffiti from approximately 135,000 sites annually, of which 100,000 removals are proactive and 35,000 are in response to public service requests.

On January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a spending plan to increase service levels to the public. As a City Council 35 – 1 4/5/2022
Amend Agreement with Graffiti Protective Coatings, Inc.

April 5, 2022

Page 2 ends

result, the graffiti removal services program was allocated an additional $300,000 for Fiscal Year 2021-22 and $600,000 in future funding on an on-going, yearly basis. The funds will be used to add three technicians to support the current team of six that services the entire City. The additional technicians will assist in maintaining a rapid response time (48 hours average) and address graffiti issues in high-foot-traffic areas, such as the railroad properties, arterials, bike trails and other high-visibility areas.

The item was continued from the March 15, 2022, City Council meeting to allow staff time to also address graffiti abatement at City-owned downtown parking structures. Staff successfully negotiated a below-market price for graffiti removal services which will be provided at four City-owned parking structures and one surface parking lot, seven days a week.

In further efforts to prevent graffiti within the parking structures, the City’s Community Development Agency is collaborating with the Santa Ana Unified School District (SAUSD) to develop the Santa Ana Graffiti Arts Program (GAP) for SAUSD high school students.

The program focuses on the top floor of the parking structure located at 420 N Main Street and will be implemented this summer.

Five to seven local professional mural artists, specializing in diverse mural painting techniques (portraiture, lettering, tiling, etc.), will be selected through an application process to teach students how to research, design, and install large public art murals over the course of three months. The final products will be covered in an anti-graffiti coating to protect the murals from both unwanted markings and UV rays. By exposing students to painting and learning through the arts, GAP will achieve significant developmental youth outcomes, reduce youth participation in unsafe activities, and combat the teen dropout rate. By collaborating with local professional mural artists, GAP’s curriculum will cultivate the students’ artistic skills, increase their knowledge of local history, and introduce them to a network of professional artists and resources.

Additionally, as part of the Revive Santa Ana Property Compliance/Assistance Program and the Sanitization and Prevention Program, staff and contractors will be working with property owners throughout the city to offer financial assistance to address property compliance issues, eliminate blight and beautify the city. The programs may include the installation of landscaping treatments along block walls, fences, trash enclosures and the back of buildings visible to a public street, freeway or railroad to prevent graffiti in qualified census tracts throughout the city. Staff is finalizing program information and guidelines.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

City Council 35 – 2 4/5/2022
Amend Agreement with Graffiti Protective Coatings, Inc.

April 5, 2022

Page 3 ends

FISCAL IMPACT
The annual expenditures approved in the current agreement are not to exceed $1,360,000 annually. With approval of the requested amendment, the annual expenditure amount will increase by $350,000 in Fiscal Year 2021-22, and $700,000 annually for the remaining year of the three-year agreement and for any of the five renewal options that may be exercised, for a maximum not to exceed amount of $15,663,333. Funding for this agreement is budgeted and available in the Fiscal Year 2021-22 Council-approved budget and will be budgeted in future years in the following accounts:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit –
Account Description Amount

CURRENT ANNUAL AMOUNT
2021-22 01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,360,000

ADDITIONAL AMOUNT
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$300,000
2021-22
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$50,000
ADJUSTED SUBTOTAL $1,710,000

REMAINING TERMS
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2022-23
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2023-24
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2024-25
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
City Council 35 – 3 4/5/2022
Amend Agreement with Graffiti Protective Coatings, Inc.

April 5, 2022

Page 4 ends

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit –
Account Description Amount
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2025-26
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2026-27
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$1,960,000
2027-28
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$100,000
01117642-62300 General Fund
Graffiti Abatement
Program, ContractServices Professional$653,333
2028-29
02718132-62300 Enterprise
Fund
Parking Facilities,
Contract-Services
Professional
$33,333
Total $14,756,666

EXHIBIT(S)

1. Agreement with Graffiti Protective Coatings, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 35 – 4 4/5/2022
EXHIBIT 1
City Council 35 – 5 4/5/2022
City Council 35 – 6 4/5/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: City Council Ward Boundaries Map
AGENDA TITLE:

Introduce Ordinance for First Reading and Adopt a Resolution of City Council Ward Boundaries Map

RECOMMENDED ACTION

1. Accept a report by the City’s demographer to provide the metes and bounds description of each City Council ward.

2. Approve first reading of an ordinance establishing new ward boundary lines of the wards of the City of Santa Ana and repealing Ordinance No. NS-2958.

3. Adopt a resolution establishing new boundary lines of the wards of the City of Santa Ana.

DISCUSSION
On December 4, 2018, the City Council transitioned from electing City Councilmembers at-large to electing them by-ward. Pursuant to federal and state law, the City Council must now complete the redistricting process following the 2020 United States Census to ensure each City Council district has a substantially equal population. The City is required by law to complete the redistricting process and all associated administrative tasks by April 17, 2022.

Assembly Bill 849 (Fair Maps Act) requires cities to engage communities in the redistricting process by holding a minimum of four (4) public hearings and/or workshops and doing public outreach, including to non-English-speaking communities. At the October 5, 2021 City Council meeting, the City Council adopted the amended and restated Resolution of Intent declaring its intention to consider changes to ward boundary lines, and fixing the date, time, and place of said hearings. Resolution No. 2021-053 was published once a week for two weeks in multiple languages in their respective foreign newspaper, including Spanish, Vietnamese, Chinese and Korean. The Clerk of the Council staff hosted six (6) in-person and virtual redistricting public input workshops, City Council 36 – 1 4/5/2022
City Council Ward Boundaries Map
April 5, 2022

Page 2 ends

providing live translations in Spanish and Vietnamese, with an additional six (6) workshops requested by community groups. The City Council held twelve (12) in-person and virtual redistricting public meetings, providing live translations in Spanish and Vietnamese to seek input in selecting the next ward map.

Pursuant to Charter section 101.2, boundary alterations shall be made only by ordinance adopted by affirmative vote of at least two-thirds (2/3) of the full membership of the City Council. Following a robust, community-driven process and considerable City Council consideration, the City Council voted on March 11, 2022 to introduce an ordinance to adopt new City Council election ward map N2. Ward map N2 was posted on the City’s website on March 14, 2022. If necessary to facilitate the implementation of the ordinance, the Clerk of the Council is authorized to make technical adjustments to the ward boundaries that do not substantively affect the population in the wards, such as changing the ward sequence.

The proposed order or sequence in which voters may vote for their representative will not change. The contest for a City Councilmember in wards 2, 4, and 6 will appear on the November 2022 ballot, and the contest for a City Councilmember in wards 1, 3, and 5 will appear on the November 2024 ballot.

There are two relevant considerations when numbering newly drawn districts, or wards.

First, the Fair Maps Act requires that “[a]t the first election for council members in each city following adoption of the boundaries of council districts . . . a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire.” Elec. Code § 21626(b). Second, a best practice in numbering is to do so in a manner that limits the number of voters who will be “deferred.” Deferral is the unavoidable result when a jurisdiction with staggered terms is redistricted. Deferral occurs when a voter who last voted in 2018 and would naturally vote in 2022 under the old map (because they live in wards 2, 4, or 6) is redrawn into a district that will instead not vote until 2024 (new districts 1, 3, or 5). That voter will not be able to vote in 2022 and will go six years without voting in City Council elections, instead of the usual four years. Although some deferral is inevitable, the proposed sequence for ward map N2 reduces the number wards in a manner that minimizes deferral and have the majority of residents remain in their current wards. A final map needs to be adopted and all associated administrative tasks completed by the April 17, 2022 state-mandated deadline.

If the City Council makes further changes to a ward map plan prior to the ordinance introduction, there will need to be an additional public hearing in order to satisfy the sevenday map posting requirement required by the Fair Maps Act. Further delay to ordinance introduction and adoption of resolution will impede staff’s ability to complete all associated administrative tasks and meet the mandated deadline to ensure the final map has been accepted by the Orange County Election Official in time for the November 2022 election.

City Council 36 – 2 4/5/2022
City Council Ward Boundaries Map
April 5, 2022

Page 3 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no environmental impact associated with this action.

EXHIBIT(S)

1. Ordinance

2. Resolution
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 36 – 3 4/5/2022
Ordinance No. NS-XXX

Page 1 of 4 ends

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA ESTABLISHING NEW WARD BOUNDARY

LINES OF THE WARDS OF THE CITY OF SANTA ANA AND
REPEALING ORDINANCE NO. NS-2958
WHEREAS, in 2018, pursuant to a settlement agreement resulting from litigation regarding an alleged violation of the California Voting Rights Act, the Santa Ana City Council adopted Ordinance NS-2958 establishing new boundary lines of the wards of the City of Santa Ana; and
WHEREAS, in 2019, pursuant to a Charter amendment approved by the voters, the City of Santa Ana transitioned from wards where candidates for City Council were nominated by registered voters from their ward but elected at large to a system where candidates for City Council were both nominated and elected by registered voters residing in their ward;
WHEREAS, on September 17, 2019, the Santa Ana City Council adopted Ordinance No. NS-2975 changing the boundaries of ward 3 in conjunction with the proposed 24.78 acre county island annexation generally located as the northeast corner of Seventeenth Street and Tustin Avenue;
WHEREAS, in 2020 the federal decennial census was conducted and census data was recently released by the federal government; and
WHEREAS, pursuant to California Elections Code § 21621 and Santa Ana Charter § 101.2, after the federal decennial census, the City Council shall adopt boundaries of all Council wards; and
WHEREAS, on September 21, 2021, the Santa Ana City Council adopted Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time, and place of public hearings and public workshops for the redistricting process;
WHEREAS, on October 5, 2021 the Santa Ana City Council held its first Public Hearing regarding redistricting and adopted Resolution No. 2021-060 Amending and Restating Resolution No. 2021-053 regarding the City Council’s intent to consider changes to boundary lines of the wards and fixing the date, time, and place of the public hearings and workshops; and
WHEREAS, Pursuant to Elections Code § 21627.1 of the Fair Maps Act, the City is required to hold four (4) public hearings to engage the public in the redistricting process, one (1) of which must be held prior to drawing the draft map(s), two (2) public hearings to be held after drawing the draft maps, and one public hearing or public workshop on a Saturday, Sunday or after 6 p.m. on a weekday; and
City Council 36 – 4 4/5/2022
Ordinance No. NS-XXX

Page 2 of 4 ends

WHEREAS, the City held eleven (11) Public Hearings on the following dates:

October 5, 2021, October 19, 2021, November 2, 2021, November 15, 2021, December 6, 2021, January 18, 2022, February 1, 2022, February 16, 2022, March 7, 2022, March 11, 2022, and April 5, 2022. At each of the Public Hearings, the Santa Ana City Council conducted a duly noticed public hearing to receive public input regarding the redistricting process, communities of interest, and/or the draft maps. During the Public Hearings, public comment was received in person, in writing, and virtually in real time; and WHEREAS, the City held six (6) public workshops in person and virtually on the following dates: September 25, 2021, October 7, 2021, October 9, 2021, October 23, 2021, October 29, 2021, and October 30, 2021; and
WHEREAS, the Clerk of Council attended six (6) additional community meetings; and
WHEREAS, the Clerk of Council retained a demography expert, Redistricting Partners to assist with the redistricting process; and
WHEREAS, throughout the redistricting process the City has maintained a detailed redistricting website as required by the Fair Maps Act: https://www.santaana.org/cc/redistricting; and WHEREAS, the City has provided notices and other materials to the public in English, Spanish, Vietnamese, Chinese, and Korean; and
WHEREAS, the City made available to the public an online mapping tool to permit the public to submit draft maps and which the public utilized during the redistricting process; and
WHEREAS, the Santa Ana City Council has considered all public comments on the proposed Council ward boundary changes including maps drawn by the public and submitted through the City’s mapping program on the City redistricting website; and WHEREAS, Santa Ana City Charter § 101.2 provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election; and WHEREAS, the Santa Ana City Council believes that the wards contained in the proposed draft map N2 (“Recommended Map”) attached as Exhibit “A” hereto and incorporated herein by reference, would best serve the interests of the City and the residents of the City of Santa Ana; and
WHEREAS, the Recommended Map has been posted on the City’s website in compliance with the Fair Maps Act; and
WHEREAS, the populations set forth in the wards of the Recommended Map are substantially equal in population and in compliance with all other legal requirements of the Fair Maps Act, United States Constitution, California Constitution, and the Federal Voting Rights Act.

City Council 36 – 5 4/5/2022
Ordinance No. NS-XXX

Page 3 of 4 ends

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

SECTION 1. The Santa Ana City Council hereby finds, determines and declares that all of the Recitals set forth herein above are true and correct.

SECTION 2. Pursuant to Elections Code § 21621 and Santa Ana Charter § 101.2, the Santa Ana City Council hereby adopts the ward boundaries set forth in the Recommended Map (previously Draft Map N2) attached as Exhibit “A” and incorporated herein by reference, for use in the City’s General Municipal Election on November 8, 2022 and subsequent elections thereafter until a further redistricting is required pursuant to state law or the City of Santa Ana Charter. Metes and bounds of each district are attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION 3. The Clerk of Council or her designee shall take all actions necessary to notify the Orange County Registrar of Voters Office of the City Council’s determination forthwith and provide whatever assistance may be required by the County Registrar of Voters to implement the new ward boundary lines.

SECTION 4. The Clerk of Council shall cause a map diagram showing the new ward boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the 2022 general municipal election as required by Santa Ana Charter § 101.4.

SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 6. This Ordinance shall become effective and be in force immediately from and after the date of its passage.

SECTION 7. The Clerk of the Council shall certify and attest to the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of April, 2022.
_________________________
Vicente Sarmiento
Mayor
City Council 36 – 6 4/5/2022
Ordinance No. NS-XXX

Page 4 of 4 ends

APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:_________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 36 – 7 4/5/2022
City of Santa Ana
Plan N (Selected)
Exhibit A
City Council 36 – 8 4/5/2022
1 | P a g e
City of Santa Ana | Draft Plan N2 | Metes & Bounds
First District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and the Fountain Valley/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to N Harbor Blvd, and proceeding southerly along N Harbor Blvd to W 1st St, and proceeding easterly along W 1st St to N Fairview St, and proceeding southerly along N Fairview St to S Fairview St, and proceeding southerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Fairview St, and proceeding southerly along S Fairview St to W Dahl Ln, and proceeding westerly along W Dahl Ln to S Fairview St, and proceeding southerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Fairview St, and proceeding southerly along S Fairview St to W Warner Ave, and proceeding easterly along W Warner Ave to S Raitt St, and proceeding southerly along S Raitt St to W Segerstrom Ave, and proceeding westerly along W Segerstrom Ave to S Greenville St, and proceeding southerly along S Greenville St to W Alton Ave, and proceeding westerly along W Alton Ave to S Fairview St, and proceeding southerly along S Fairview St to the Costa Mesa/Santa Ana city line, and proceeding westerly along the Costa Mesa/Santa Ana city line to the Santa Ana city line, and proceeding northerly along the Santa Ana city line to the Fountain Valley/Santa Ana city line, and proceeding northerly along the Fountain Valley/Santa Ana city line to the point of beginning.

Second District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Dahl Ln, and proceeding northerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Center St, and proceeding northerly along S Center St to W Monta Vista Ave, and proceeding westerly along W Monta Vista Ave to unnamed Local road, and proceeding northerly along unnamed Local road to W Willits St, and proceeding easterly along W Willits St to S Raitt St, and proceeding northerly along S Raitt St to W 1st St, and proceeding easterly along W 1st St to N Bristol St, and proceeding northerly along N Bristol St to W 1st St, and proceeding easterly along W 1st St to N Main St, and proceeding southerly along N Main St to E 1st St, and proceeding easterly along E 1st St to S Standard Ave, and proceeding southerly along S Standard Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Halladay St, and proceeding northerly along S Halladay St to E McFadden Ave, and proceeding westerly along E McFadden Ave to S Orange Ave, and proceeding southerly along S Orange Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Main St, and proceeding northerly along S Main St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Flower St, and proceeding southerly along S Flower St to W Edinger Ave, and proceeding westerly along W Edinger Ave to S Fairview St, and proceeding northerly along S Fairview St to W Dahl Ln, and proceeding easterly along W Dahl Ln to the point of beginning.

Exhibit B
City Council 36 – 9 4/5/2022
2 | P a g e
Third District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and W 17th St, and proceeding easterly along the Garden Grove/Santa Ana city line to the Orange/Santa Ana city line, and proceeding easterly along the Orange/Santa Ana city line to the Tustin/Santa Ana city line, and proceeding southerly along the Tustin/Santa Ana city line to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to McFadden Ave, and proceeding westerly along McFadden Ave to S Lyon St, and proceeding northerly along S Lyon St to E 1st St, and proceeding westerly along E 1st St to N Grand Ave, and proceeding northerly along N Grand Ave to I- 5, and proceeding westerly along I- 5 to E 17th St, and proceeding westerly along E 17th St to N Main St, and proceeding southerly along N Main St to W 17th St, and proceeding westerly along W 17th St to nonvisible boundary, and proceeding westerly along nonvisible boundary to N Fairview St, and proceeding southerly along N Fairview St to W 17th St, and proceeding westerly along W 17th St to the point of beginning.

Fourth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Warner Ave, and proceeding northerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Bristol St, and proceeding southerly along S Bristol St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W Warner Ave, and proceeding easterly along W Warner Ave to S Main St, and proceeding southerly along S Main St to E Dyer Rd, and proceeding easterly along E Dyer Rd to Costa Mesa Fwy, and proceeding northerly along Costa Mesa Fwy to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to the Irvine/Santa Ana city line, and proceeding southerly along the Irvine/Santa Ana city line to the Costa Mesa/Santa Ana city line, and proceeding northerly along the Costa Mesa/Santa Ana city line to S Fairview St, and proceeding northerly along S Fairview St to W Alton Ave, and proceeding easterly along W Alton Ave to S Greenville St, and proceeding northerly along S Greenville St to W Segerstrom Ave, and proceeding easterly along W Segerstrom Ave to S Raitt St, and proceeding northerly along S Raitt St to W Warner Ave, and proceeding westerly along W Warner Ave to the point of beginning.

Fifth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of N Harbor Blvd and W 1st St, and proceeding northerly along N Harbor Blvd to the Garden Grove/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to W 17th St, and proceeding easterly along W 17th St to N Fairview St, and proceeding northerly along N Fairview St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W 17th St, and proceeding easterly along W 17th St to N Main St, and proceeding southerly along N Main St to W 1st St, and proceeding westerly along W 1st St to N Bristol St, and proceeding southerly along N Bristol St to W 1st St, and proceeding westerly along W 1st St to S Raitt St, and proceeding southerly along S Raitt St to W Willits St, and proceeding westerly along W Willits St to unnamed Local road, and proceeding southerly along City Council 36 – 10 4/5/2022
3 | P a g e
unnamed Local road to W Monta Vista Ave, and proceeding easterly along W Monta Vista Ave to S Center St, and proceeding southerly along S Center St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Fairview St, and proceeding northerly along S Fairview St to N Fairview St, and proceeding northerly along N Fairview St to W 1st St, and proceeding westerly along W 1st St to the point of beginning.

Sixth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Bristol St and nonvisible boundary, and proceeding northerly along S Bristol St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Flower St, and proceeding northerly along S Flower St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Main St, and proceeding southerly along S Main St to McFadden Ave, and proceeding easterly along McFadden Ave to S Orange Ave, and proceeding northerly along S Orange Ave to E McFadden Ave, and proceeding easterly along E McFadden Ave to S Halladay St, and proceeding southerly along S Halladay St to McFadden Ave, and proceeding easterly along McFadden Ave to S Standard Ave, and proceeding northerly along S Standard Ave to E 1st St, and proceeding westerly along E 1st St to N Main St, and proceeding northerly along N Main St to E 17th St, and proceeding easterly along E 17th St to I- 5, and proceeding southerly along I5 to N Grand Ave, and proceeding southerly along N Grand Ave to E 1st St, and proceeding easterly along E 1st St to S Lyon St, and proceeding southerly along S Lyon St to McFadden Ave, and proceeding easterly along McFadden Ave to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to Costa Mesa Fwy, and proceeding southerly along Costa Mesa Fwy to E Dyer Rd, and proceeding westerly along E Dyer Rd to S Main St, and proceeding northerly along S Main St to W Warner Ave, and proceeding westerly along W Warner Ave to nonvisible boundary, and proceeding westerly along nonvisible boundary to the point of beginning.

City Council 36 – 11 4/5/2022
Resolution No. 2022-XXX

Page 1 of 4 ends

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA ESTABLISHING NEW BOUNDARY LINES OF

THE WARDS OF THE CITY OF SANTA ANA
WHEREAS, in 2018, pursuant to a settlement agreement resulting from litigation regarding an alleged violation of the California Voting Rights Act, the Santa Ana City Council adopted Ordinance NS-2958 establishing new boundary lines of the wards of the City of Santa Ana; and
WHEREAS, in 2019, pursuant to a Charter amendment approved by the voters, the City of Santa Ana transitioned from wards where candidates for City Council were nominated by registered voters from their ward but elected at large to a system where candidates for City Council were both nominated and elected by registered voters residing in their ward;
WHEREAS, on September 17, 2019, the Santa Ana City Council adopted Ordinance No. NS-2975 changing the boundaries of ward 3 in conjunction with the proposed 24.78 acre county island annexation generally located as the northeast corner of Seventeenth Street and Tustin Avenue
WHEREAS, in 2020 the federal decennial census was conducted and census data was recently released by the federal government; and WHEREAS, pursuant to California Elections Code § 21621 and Santa Ana Charter § 101.2, after the federal decennial census, the City Council shall adopt boundaries of all Council wards; and
WHEREAS, on September 21, 2021, the Santa Ana City Council adopted Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time and place of public hearings and public workshops for the redistricting process;
WHEREAS, On October 5, 2021 the Santa Ana City Council held its first Public Hearing regarding redistricting and adopted Resolution No. 2021-060 Amending and Restating Resolution No. 2021-053 regarding the City Council’s intent to consider changes to boundary lines of the wards and fixing the date, time and place of the public hearings and public workshops; and
WHEREAS, Pursuant to Elections Code § 21627.1 of the Fair Maps Act, the City is required to hold four (4) public hearings to engage the public in the redistricting process, one (1) of which must be held prior to drawing the draft map(s), two (2) public hearings to be held after drawing the draft maps, and one public hearing or public workshop on a Saturday, Sunday or after 6 p.m. on a weekday; and City Council 36 – 12 4/5/2022
WHEREAS, the City held eleven (11) Public Hearings on the following dates:

October 5, 2021, October 19, 2021, November 2, 2021, November 15, 2021, December 6, 2021, January 18, 2022, February 1, 2022, February 16, 2022, March 7, 2022, March 11, 2022, and April 5, 2022. At each of the Public Hearings, the Santa Ana City Council conducted a duly noticed public hearing to receive public input regarding the process, communities of interest, and/or the draft maps. During the Public Hearings, public comment was received in person, in writing, and virtually in real time; and WHEREAS, the City held six (6) public workshops in person and virtually on the following dates: September 25, 2021, October 7, 2021, October 9, 2021, October 23, 2021, October 29, 2021, and October 30, 2021; and
WHEREAS, the Clerk of Council attended six (6) additional community meetings; and
WHEREAS, the Clerk of Council retained a demography expert, Redistricting Partners, to assist with the redistricting process; and WHEREAS, throughout the redistricting process the City has maintained a detailed redistricting website as required by the Fair Maps Act: https://www.santaana.org/cc/redistricting ; and WHEREAS, the City has provided notices and other materials to the public in English, Spanish, Vietnamese, Chinese, and Korean; and
WHEREAS, the City made available to the public an online mapping tool to permit the public to submit draft maps, which the public utilized during the redistricting process; and
WHEREAS, the Santa Ana City Council has considered all public comments on the proposed Council ward boundary changes, including maps drawn by the public and submitted through the City’s mapping program on the City redistricting website; and WHEREAS, Santa Ana City Charter § 101.2 provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election; and
WHEREAS, the Santa Ana City Council believes that the wards contained in the proposed draft map N2 (“Recommended Map”) attached as Exhibit “A” hereto and incorporated herein by reference, would best serve the interests of the City and the residents of the City of Santa Ana; and
WHEREAS, the Recommended Map has been posted on the City’s website in compliance with the Fair Maps Act; and
WHEREAS, the populations set forth in the wards of the Recommended Map are substantially equal in population and in compliance with all other legal requirements of Resolution No. 2022-XXX

Page 2 of 4 ends

Resolution No. 2022-XXX

Page 3 of 4 ends

the Fair Maps Act, United States Constitution, California Constitution, and the Federal Voting Rights Act.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA RESOLVES AS FOLLOWS:

SECTION 1. The Santa Ana City Council hereby finds, determines and declares that all of the Recitals set forth herein above are true and correct.

Metes and bounds of each ward are attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION 5. This Resolution shall take effect immediately upon its adoption by a majority of the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of April,
2022.

Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
City Council 36 – 14 4/5/2022
Resolution No. 2022-XXX

Page 4 of 4 ends

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on__________________.

Date:

Daisy Gomez
Clerk of the Council
City of Santa Ana
City Council 36 – 15 4/5/2022
City of Santa Ana
Plan N (Selected)
Exhibit A
City Council 36 – 16 4/5/2022
1 | P a g e
City of Santa Ana | Draft Plan N2 | Metes & Bounds
First District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and the Fountain Valley/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to N Harbor Blvd, and proceeding southerly along N Harbor Blvd to W 1st St, and proceeding easterly along W 1st St to N Fairview St, and proceeding southerly along N Fairview St to S Fairview St, and proceeding southerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Fairview St, and proceeding southerly along S Fairview St to W Dahl Ln, and proceeding westerly along W Dahl Ln to S Fairview St, and proceeding southerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Fairview St, and proceeding southerly along S Fairview St to W Warner Ave, and proceeding easterly along W Warner Ave to S Raitt St, and proceeding southerly along S Raitt St to W Segerstrom Ave, and proceeding westerly along W Segerstrom Ave to S Greenville St, and proceeding southerly along S Greenville St to W Alton Ave, and proceeding westerly along W Alton Ave to S Fairview St, and proceeding southerly along S Fairview St to the Costa Mesa/Santa Ana city line, and proceeding westerly along the Costa Mesa/Santa Ana city line to the Santa Ana city line, and proceeding northerly along the Santa Ana city line to the Fountain Valley/Santa Ana city line, and proceeding northerly along the Fountain Valley/Santa Ana city line to the point of beginning.

Exhibit B
City Council 36 – 17 4/5/2022
2 | P a g e
Third District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and W 17th St, and proceeding easterly along the Garden Grove/Santa Ana city line to the Orange/Santa Ana city line, and proceeding easterly along the Orange/Santa Ana city line to the Tustin/Santa Ana city line, and proceeding southerly along the Tustin/Santa Ana city line to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to McFadden Ave, and proceeding westerly along McFadden Ave to S Lyon St, and proceeding northerly along S Lyon St to E 1st St, and proceeding westerly along E 1st St to N Grand Ave, and proceeding northerly along N Grand Ave to I- 5, and proceeding westerly along I- 5 to E 17th St, and proceeding westerly along E 17th St to N Main St, and proceeding southerly along N Main St to W 17th St, and proceeding westerly along W 17th St to nonvisible boundary, and proceeding westerly along nonvisible boundary to N Fairview St, and proceeding southerly along N Fairview St to W 17th St, and proceeding westerly along W 17th St to the point of beginning.

Fifth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of N Harbor Blvd and W 1st St, and proceeding northerly along N Harbor Blvd to the Garden Grove/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to W 17th St, and proceeding easterly along W 17th St to N Fairview St, and proceeding northerly along N Fairview St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W 17th St, and proceeding easterly along W 17th St to N Main St, and proceeding southerly along N Main St to W 1st St, and proceeding westerly along W 1st St to N Bristol St, and proceeding southerly along N Bristol St to W 1st St, and proceeding westerly along W 1st St to S Raitt St, and proceeding southerly along S Raitt St to W Willits St, and proceeding westerly along W Willits St to unnamed Local road, and proceeding southerly along City Council 36 – 18 4/5/2022
3 | P a g e
unnamed Local road to W Monta Vista Ave, and proceeding easterly along W Monta Vista Ave to S Center St, and proceeding southerly along S Center St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Fairview St, and proceeding northerly along S Fairview St to N Fairview St, and proceeding northerly along N Fairview St to W 1st St, and proceeding westerly along W 1st St to the point of beginning.

City Council 36 – 19 4/5/2022
City Manager Office
www.santa-ana.org/cm
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: City Charter
AGENDA TITLE:

Charter Review Ad Hoc Committee Informational Report

RECOMMENDED ACTION
Accept informational report and provide direction to staff.

DISCUSSION
Introduction
This report provides background information relating to recent proposals to amend the City Charter (the “Charter”), share the Charter Review Ad Hoc Committee’s progress to date, and create an opportunity for the City Council to discuss and provide direction to staff for follow-up.

About the Charter
The City of Santa Ana is governed through a Charter authorized by the California Constitution. The Charter is a vital document which establishes a degree of autonomy to local governments and outlines certain authority and restrictions the City has over municipal affairs. The Charter addresses important aspects of Santa Ana’s authority. The original Charter of the City of Santa Ana was adopted by the voters on 1952. Modifications to the original document have been approved by the voters on several occasions, with the last major amendment occurring as part of the November 8, 2018 General Municipal Election.
2020 Charter Review Ad Hoc Committee
From January to May 2020, an ad hoc committee of the City Council (the “2020 Ad Hoc Committee”) met to explore proposals to amend the Charter. After a series of 11 meetings, and based upon feedback from City staff and the public, the ad hoc committee prepared 17 proposed Charter amendments (Exhibit 1). The proposed amendments consisted of administrative clean-up items and various policy issues from the then-seated members of the City Council. Ultimately, the City Council decided to not take any action.

City Council 37 – 1 4/5/2022
City Charter
April 5, 2022

Page 2 ends

About the 2022 Charter Review Ad Hoc Committee
In December 2021, Mayor Sarmiento established the 2022 Charter Review Ad Hoc Committee (the “2022 Ad Hoc Committee”), composed of Councilmembers Mendoza, Penaloza, and Phan) to explore possible Charter amendments to be considered as part of the November 8, 2022 General Municipal Election. In addition to reviewing the 17 proposed Charter amendments from the 2020 Ad Hoc Committee, the 2022 Charter Review Ad Hoc Committee members will be examining the following topics: (1) current City Council policy matters; and (2) a proposal to prohibit the use of all fireworks. It is important to note that in addition and separate to the work of the 2022 Ad Hoc Committee, the Police Oversight Ad Hoc Committee is considering establishing a police oversight board/commission, which could include an amendment to the Charter. If so, that recommendation would come from the Police Oversight Ad Hoc Committee and would not be considered by the 2022 Ad Hoc Committee.
2022 Charter Review Ad Hoc Committee Recommendations
The 2022 Charter Review Ad Hoc Committee will be preparing three sets of recommendations to the City Council: (1) recommendations to reconsider 16 of the 17 Charter amendments originally proposed by the 2020 Ad Hoc Committee; (2) a recommendation whether or not to prohibit the use of all fireworks; and (3) any new proposals to amend the Charter based upon policy issues from the current City Council.

This report includes recommendations relating to the first item (reconsider previous proposed Charter amendments). Staff will return to the City Council at a future meeting with separate informational reports that will outline a recommendation relating to the prohibition on the use of fireworks, as well as any new proposals (City Council policy matters) from the 2022 Ad Hoc Committee to amend the Charter.

Recommendation: Reconsider 16 of the 17 Charter Amendments Proposed by the 2020 Ad Hoc Committee.

Below is an overview of 16 of the 17 Charter amendments that were originally proposed by the 2020 Ad Hoc Committee, all of which the 2022 Ad Hoc Committee recommends that the City Council move forward for the November 8, 2022 General Municipal Election.

Proposed Charter Amendment Purpose / Reason for Amendment 1 Section 400: Number, Selection
and Term of Members
Clarifies when new councilmembers are sworn in
2 Section 404: Presiding Officer,
Mayor
Moved term limit provisions from this section to
Section 401.01 (new)
3 Section 401.05 (new): Code of
Ethics and Conduct
Clarifies the applicability of the Code of Ethics and
Conduct to include elected officials, the City
Attorney, City Manager, Clerk of Council, Police
Chief, and directors of all City departments
4 Section 405: Mayor Pro Tem Clarifies when the selection of the mayor pro tem shall occur
City Council 37 – 2 4/5/2022
City Charter
April 5, 2022

Page 3 ends

Santa Ana City CouncilApril 5, 2022

Santa Ana City Council
April 5, 2022