City Council, Special Closed Session, and
Special Housing Authority Meeting Packet
July 19, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in City Council 1 7/19/2022
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’sphonenumberorZoomIDandunmutesthemthecallermustpress*6or City Council 2 7/19/2022
ppy
voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m.
Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2LIVEPUBLICCOMMENTSONREGULARAGENDAITEMSANDNONAGENDA
City Council 3 7/19/2022
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m.
Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.
3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matterswithoutmembersofthepublicpresentTheCityCouncilfindsbasedonadvicefrom City Council 4 7/19/2022
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code:
A. Monsanto PBC Class Action Settlement, U.S. District Court (Central District of California), Case No. 2:16cv03493FMOAS
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Candelario Jalomo v. City of Santa Ana, et al. Orange County Superior Court, Case No. 30201901118103CUWTCJC
3. CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case
A. Waste Management
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
SantaAnaPoliceOfficersAssociation(POA)
City Council 5 7/19/2022
Code: One Case
A. Waste Management
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:
Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)
5. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to Government Code section 54957
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to Senior Volunteers at Delhi Center for Outstanding Contributions to the Community.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra, Councilmember Penaloza and Councilmember Mendoza to Santa Ana Police Department recognizing their 136th Year of Service.
3. Certificate of Recognition presented by Councilmember Hernandez to Volunteers of the East End Block Party for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Lopez to Catalyst Cares for Outstanding Contributions to the Community.
5. Certificate of Recognition presented by Councilmember Mendoza to America on Track Volunteers for Outstanding Contributions to the Community.
6. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to the2022YouthWaterPosterContestWinnersforOutstandingContributionstothe City Council 6 7/19/2022
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS
1. Certificate of Recognition presented by Mayor Sarmiento to Senior Volunteers at Delhi Center for Outstanding Contributions to the Community.
2. Certificate of Recognition presented by Mayor Pro Tem Bacerra, Councilmember Penaloza and Councilmember Mendoza to Santa Ana Police Department recognizing their 136th Year of Service.
3. Certificate of Recognition presented by Councilmember Hernandez to Volunteers of the East End Block Party for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Lopez to Catalyst Cares for Outstanding Contributions to the Community.
5. Certificate of Recognition presented by Councilmember Mendoza to America on Track Volunteers for Outstanding Contributions to the Community.
6. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to the 2022 Youth Water Poster Contest Winners for Outstanding Contributions to the Community.
STAFF PRESENTATIONS
7. Homelessness Update
8. Feasibility of a Public Health Agency Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 9 through 33.
9. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
10. Appoint Manuel Escamilla Nominated by Mayor Sarmiento as the Mayoral representative to the Environmental and Transportation Advisory Commission for a PtiltEiiDb132022
City Council 7 7/19/2022
Consent Calendar Items: 9 through 33.
9. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
10. Appoint Manuel Escamilla Nominated by Mayor Sarmiento as the Mayoral representative to the Environmental and Transportation Advisory Commission for a Partialterm Expiring December 13, 2022
Department(s): Clerk of the Council Office
Recommended Action: Appoint Manuel Escamilla to the Environmental and Transportation Advisory Commission as the CityWide representative and administer Oath of Office.
11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED “LOBBYIST REGISTRATION” TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE First reading at the June 21, 2022 City Council meeting and approved by a vote of 7
0. Published in the Orange County Reporter on July 8, 2022.
Department(s): Clerk of the Council Office
Recommended Action: Place ordinance on second reading and adopt.
12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OFFPREMISE COMMERCIAL ADVERTISING SIGNS AND DEVELOPMENT PROJECT PLAN APPROVALS TO ALLOW AND REGULATE NEW DIGITAL BILLBOARDS SUBJECT TO CERTAIN LOCATION, DESIGN, AND OPERATIONAL
REQUIREMENTS
First reading at the June 21, 2022 City Council meeting and approved by a vote of 7
0. Published in the Orange County Reporter on July 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.
13. Approve Destruction of Obsolete City Records
Department(s): Public Works Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013014.
14. Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021 Department(s): Finance and Management Services
Recommended Action: Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2021.
City Council 8 7/19/2022
from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013014.
14. Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021 Department(s): Finance and Management Services
Recommended Action: Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2021.
15. Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment in an Annual Aggregate Amount Not to Exceed $1,200,000 (Specification No. 18074)
Department(s): Information Technology
Recommended Action: Amend the contracts for desktop computers, laptops, mobile devices, and related equipment to increase the annual agreement amount by an additional $600,000, for a revised annual aggregate amount not to exceed $1,200,000, for the remainder of the current oneyear period and the remaining optional oneyear renewal, if exercised, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors:
Vendor Location
2nd Gear, LLC Costa Mesa, CA
Dell Computer Corp. Austin, TX
16. Award Purchase Order to Sandoval Custom Creations Incorporated for Security Cameras and Accessories in the Amount of $137,473 (Specification No. 22038) (Cannabis Enforcement Fund)
Department(s): Police Department
Recommended Action: Authorize a onetime purchase of security cameras and accessories from Sandoval Custom Creations Incorporated in the amount of $137,473, subject to nonsubstantive changes approved by the City Manager and City Attorney.
17. Approve an Amendment to the Amazon Capital Services, Inc. Contract for the Purchase of Online Marketplace Goods for an Annual Amount Not to Exceed $400,000 per Year, for a TwoYear Term (Specification No. 19028) (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase the blanket order contract with Amazon Capital Services, Inc. for an additional $300,000 per year for the period beginning July 20, 2022 and expiring June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney.
18. Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19 7527) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a purchase order to FieldTurf USA, in the amount of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and maintain it for eight years beginning upon completion of the turf installation, subject to City Council 9 7/19/2022
18. Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19 7527) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a purchase order to FieldTurf USA, in the amount of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and maintain it for eight years beginning upon completion of the turf installation, subject to nonsubstantive changes approved by the City Manager and City Attorney.
19. Approve Appropriation Adjustments and Award a Construction Contract to ByromDavey Inc. in the Amount of $7,317,701 for the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 202223 Project with an Estimated Project Delivery Cost of $9,513,011.30 (Project Nos. 197527, 202745) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account for FY 202223 capital operating expenses. (Requires five affirmative votes)
2. Approve an Appropriation Adjustment recognizing the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants revenue account and appropriating the same amount into the 2018 Parks Bond ActPer Capital Improvements Other Than Building expenditure account for FY 202223 capital operating expenses. (Requires five affirmative votes)
3. Award a construction contract to ByromDavey Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $7,317,701 for construction of the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 202223, for the term beginning July 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,513,011.30, which includes $7,317,701.00 for the construction contract, $731,770.10 for contract administration, inspection and testing, and a $1,463,540.20 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to modify and combine all Santa Anita Park Improvement Projects.
20. Approve an Amendment to the Agreement with City Net to Provide Street Outreach and Engagement Services and to Respond to Diverted Santa Ana Police Department Calls for Service for QualityofLife Services, in an Amount not to Exceed $2,483,599.59 through June 30, 2023 (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with City Net to provide enhanced street outreach and engagement services, including diverted Santa Ana Police Department calls for service for qualityoflife services, from July 20, 2022 through June 30, 2023, in an amount not to exceed City Council 10 7/19/2022
Calls for Service for QualityofLife Services, in an Amount not to Exceed $2,483,599.59 through June 30, 2023 (NonGeneral Fund) (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with City Net to provide enhanced street outreach and engagement services, including diverted Santa Ana Police Department calls for service for qualityoflife services, from July 20, 2022 through June 30, 2023, in an amount not to exceed $2,483,599.59, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute all funding agreements required by state or federal agencies for the use of funding, including Homeless Housing Assistance and Prevention (HHAP) Program and American Rescue Plan Act (ARPA) (Agreement No. 2022XXX).
21. Grant Agreement with Streetfootballworld to install a MiniPitch Soccer Field at Cesar Chavez Campesino Park
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a Grant Agreement with Streetfootballworld for the installation of a MiniPitch Soccer Field at Cesar Chavez Campesino Park, valued at approximately $150,000 with no installation cost to the City, for the period July 19, 2022 through July 19, 2032, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
22. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA) and Approve Associated Insurance Premiums, Costs, Fees and Corresponding Agreement for an amount not to exceed $10,336,300
Department(s): Human Resources
Recommended Action: 1. Authorize the City Manager to approve the Agreement between the City of Santa Ana (“City”) and Arthur J. Gallagher, broker of record from July 1, 2022 to June 30, 2023, for insurance brokerage services, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to approve payment of insurance premiums and programs to Independent Cities Risk Management Authority (“ICRMA”) for excess liability, property and workers’ compensation and protection of all other City assets from July 1, 2022 to June 30, 2023
a. Excess Liability Program
b. Excess Workers’ Compensation Program
c. Auto Physical Damage Program
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
3. Authorize the City Manager to approve payment of associated ICRMA program costs including but not limited to the 2022 City facilities appraisal and employee crisis and assistance program in an amount not to exceed $185,000.
4. Authorize the City Manager to approve payment of insurance premiums to Arthur J.
Gallagher, Broker, for ancillary coverages of City’s assets from July 1, 2022 to June City Council 11 7/19/2022
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
3. Authorize the City Manager to approve payment of associated ICRMA program costs including but not limited to the 2022 City facilities appraisal and employee crisis and assistance program in an amount not to exceed $185,000.
4. Authorize the City Manager to approve payment of insurance premiums to Arthur J.
Gallagher, Broker, for ancillary coverages of City’s assets from July 1, 2022 to June 30, 2023.
a. General Liability Buffer Program
b. Workers’ Compensation Buffer Program
c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program
e. Underground Storage Tank and Environmental Program
5. Authorize the City Manager to approve funding to cover FY 2022/23 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter iceskating events, and other Citysponsored events as created and held, in an amount not to exceed $300,000.
6. Authorize the City Manager to approve the City’s obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000 for the period of July 1, 2022 to June 30, 2023.
23. Approve Appropriation Adjustments and the Second Amendment to the Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $376,000, for a Total Amount not to Exceed $1,612,924, for Construction Engineering and Inspection Services for the South Main Corridor Improvements Project (Project Nos. 179001, 206958, 216461) (General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $291,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)
2. Approve an appropriation adjustment to reappropriate FY 202122 general fund monies in the amount of $1,000,000 in the Public Works Revenues, Prior Year Carry Forward revenue account, and appropriate the same amount to the PWA Service Enhancements, Improvements Other Than Building expenditure account for the South Main Corridor Improvements Project (No. 179001). (Requires five affirmative votes)
3. Authorize budget reallocation of $130,144.72 in unspent HUTA 2103 Gas Tax funds to the Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 206958) from Gas Tax Local Street Improvements Project (No. 206956).
4. Authorize the City Manager to execute the second amendment to the agreement with Butier Engineering, Inc., for construction engineering and inspection services, to increase the agreement amount by $376,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
5. Approve an amendment to the Project Cost Analysis in the amount of $ 1,421,144.72 for $130,144.72 in additional contingency funds, $291,000 in additional contract administration, inspection and testing, and $1,000,000 for public art related expenses. The new estimated total construction delivery cost is $23,005,389.72, subject to nonsubstantive changes approved by the City Manager and City Attorney.
City Council 12 7/19/2022
4. Authorize the City Manager to execute the second amendment to the agreement with Butier Engineering, Inc., for construction engineering and inspection services, to increase the agreement amount by $376,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).
5. Approve an amendment to the Project Cost Analysis in the amount of $ 1,421,144.72 for $130,144.72 in additional contingency funds, $291,000 in additional contract administration, inspection and testing, and $1,000,000 for public art related expenses. The new estimated total construction delivery cost is $23,005,389.72, subject to nonsubstantive changes approved by the City Manager and City Attorney.
6. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $291,000 in construction funds for South Main Street Water Improvements Project (Project No. 216461).
7. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $130,144.72 in construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 206958).
8. Approve an amendment to the Fiscal Year 202223 Capital Improvement Program to include $1,000,000 in construction funds for South Main Street Corridor Improvement (Project No. 179001).
24. Adopt Resolution to Summarily Vacate a Portion of Santa Ana Boulevard, Authorize a Purchase and Sale Agreement and Approve an Appropriation Adjustment, in the amount of $130,000, for the Sale of Cityowned Real Property Locate at 1247 W.
Santa Ana Boulevard, to Rafael and Yolanda Ramos (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution to Summarily Vacate excess Santa Ana Boulevard right of way east of Bristol Street.
2. Authorize the City Manager to execute a purchase and sale agreement with Rafael and Yolanda Ramos for the sale of Cityowned property located at 1247 W. Santa Ana Boulevard (APN 00808229), in the amount of $130,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
3. Approve an appropriation adjustment recognizing revenue in the amount of $130,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 202223 from the sale of Cityowned property located at 1247 W. Santa Ana Boulevard (APN 00808229) and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
25. Authorize a Purchase Agreement in the Amount of $785,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Maria Gamboa) (Project No. 186901) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998, for the full property acquisition and goodwill (if any) of the real property located at 2247 S. Evergreen Street (APN 01621126) in the amount of $785,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
26ApproveanAgreementwithCrosstownElectrical&DataIncforOnCallRepair City Council 13 7/19/2022
Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998, for the full property acquisition and goodwill (if any) of the real property located at 2247 S. Evergreen Street (APN 01621126) in the amount of $785,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
26. Approve an Agreement with Crosstown Electrical & Data Inc., for OnCall Repair Services of Advance Traffic Management and Communication Systems in an Amount not to Exceed $500,000 for up to a FiveYear Term (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Crosstown Electrical & Data Inc. to provide oncall repair services and routine maintenance for the advance traffic management and communication system for a threeyear period beginning July 19, 2022 and expiring July 18, 2025, with a provision for two, oneyear extensions exercisable by the City Manager, in an amount not to exceed $100,000 annually, and $500,000 for the term of the agreement, including extension periods, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
27. Approve ThreeYear Agreements with Luis Raul Martinez and Felice Hernandez for Jail Counseling Services
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute a threeyear agreement with Luis Raul Martinez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Authorize the City Manager to execute a threeyear agreement with Felice Hernandez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
28. Police Officer Hiring Bonus Program
Department(s): Police Department
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving a Police Officer Hiring Bonus program in a total amount not to exceed $100,000, offering up to $10,000 per officer.
29. Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data
Department(s): Finance and Management Services
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data.
2. Authorize the City Manager to execute a nonfinancial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data for a tbiiJl192022thhDb312024bjttbtti
City Council 14 7/19/2022
gpg
Board for the Exchange of Business License Tax Data
Department(s): Finance and Management Services
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data.
2. Authorize the City Manager to execute a nonfinancial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data for a term beginning July 19, 2022 through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).
30. Adopt a Resolution of Intent to Vacate a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 2101 Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution which declares the City’s intent to vacate a portion of alley north of Second Street between Broadway and Sycamore Street, and which sets a public hearing for August 16, 2022.
31. First Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving a oneyear extension of Site Plan Review No. 202004 to November 9, 2023.
32. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – 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.
33. Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of Housing Authority Item #2.)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute the Memorandum of Understanding with the Santa Ana WORK Center, Santa Ana College, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, United American Indian Involvement, Inc., Long Beach Job Corps, and Community Action Partnership of Orange County, which outlines the sharing of resources and expenses associated with the operations of a comprehensive onestop center for a oneyear term expiring June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the first amendment to Memorandum of Understanding for Santa Ana Workforce Development Board and the County of Orange Social Services Agency for a oneyear term expiring June 30, 2023 and authorize the Board Chair or ViceChair to sign (Agreement No. 2022XXX).
City Council 15 7/19/2022
Action Partnership of Orange County, which outlines the sharing of resources and expenses associated with the operations of a comprehensive onestop center for a oneyear term expiring June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).
2. Approve the first amendment to Memorandum of Understanding for Santa Ana Workforce Development Board and the County of Orange Social Services Agency for a oneyear term expiring June 30, 2023 and authorize the Board Chair or ViceChair to sign (Agreement No. 2022XXX).
3. Authorize the City Manager to execute nonsubstantive amendments, such as adjustment of shared operational expenses, during the term of the Memorandum of Understanding.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
34. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.
35. Ordinance Amending Section 1096 of Article I of Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code (SAMC) Requiring the Posting of Property Maintenance Contact Information on Commercial and Industrial Properties
Department(s): Planning and Building Agency
Recommended Action: Approve the first reading and adopt amendments to Section 1096 of Article I of Chapter 10 of the Santa Ana Municipal Code (SAMC) requiring commercial and industrial properties (Commercial Centers) to post property management contact information at various locations on each property.
36. Discuss and Provide Direction Regarding One or More Proposed Voter Ballot Measures to Amend the City Charter as Recommended by the Charter Review Ad Hoc Committee
Department(s): City Manager Office
Recommended Action: Discuss and provide direction regarding one or more proposed voter ballot measures for the November 8, 2022 General Municipal Election to amend the City Charter, as recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the term of mayor or councilmember is to begin; consolidate term limit provisions into one section; expand the applicability of the code of Ethics and Conduct and prescribe a procedure to report allegations of violation; clarify when the City Council may be the judge of elections; clarify the process for the adoption of resolutions and ordinances; streamline the process for claims and payments; update Civil Service provisions to be consistent with state and applicable laws; update antidiscrimination provisions to be consistent with federal and City Council 16 7/19/2022
pgg
proposed voter ballot measures for the November 8, 2022 General Municipal Election to amend the City Charter, as recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the term of mayor or councilmember is to begin; consolidate term limit provisions into one section; expand the applicability of the code of Ethics and Conduct and prescribe a procedure to report allegations of violation; clarify when the City Council may be the judge of elections; clarify the process for the adoption of resolutions and ordinances; streamline the process for claims and payments; update Civil Service provisions to be consistent with state and applicable laws; update antidiscrimination provisions to be consistent with federal and applicable laws; require the City to adopt a nepotism policy; change the name of a City department; eliminate work stoppage provisions to be consistent with state and applicable laws; allow enforcement of campaign contribution and campaign committee provisions by a state or county entity; replace genderspecific pronouns with genderinclusive pronouns; change the title of a City official; adjust the Mayor’s term from four twoyear terms to two fouryear terms; impose a lifetime ban relating to the term of Mayor and member of the City Council by removing the eightyear coolingoff provision; increase the salary of the Mayor and members of the City Council; and change the voting approval requirements to require a twothirds vote of the City Council to adopt the City budget.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on Public Hearing items.
37. Public Hearing – General Plan Amendment No. 202101 to Update the General Plan Housing Element for the 6th Cycle (20212029) Planning Period. The Proposed Amendment Includes Analysis of Barriers to Fair Housing and Proposed Programs and services to Comply with State Mandates
Legal Notice published in the Orange County Reporter on July 8, 2022.
Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution approving an addendum to the Program Environmental Impact Report for the General Plan Update (State Clearinghouse No. 2020029087); and
2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment (GPA) No. 202101 for the 6th Cycle Housing Element Update subject to conforming edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates.
COUNCILMEMBER REQUESTED ITEMS
38. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Repealing the AntiCruising Ordinance and Establishing a Cruising Policy for Consideration by the City Council – Councilmembers Mendoza and Hernandez
39. Discuss and Consider Directing the City Manager to Direct Staff to Research Hate Crime Laws and Determine if the City of Santa Ana May Implement a Law that Might Classify Attacks on Street Vendors as a Hate Crime – Councilmember Hernandez City Council 17 7/19/2022
38. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Repealing the AntiCruising Ordinance and Establishing a Cruising Policy for Consideration by the City Council – Councilmembers Mendoza and Hernandez
39. Discuss and Consider Directing the City Manager to Direct Staff to Research Hate Crime Laws and Determine if the City of Santa Ana May Implement a Law that Might Classify Attacks on Street Vendors as a Hate Crime – Councilmember Hernandez
40. Discuss and Consider Directing the City Manager to Direct Staff to Look into the Feasibility of Purchasing the Santa Ana Armory Located at 612 E. Warner Ave from the State of California for Possible Expansion of Delhi Park and/or Expansion of City's Library Network – Councilmember Penaloza, Mayor Pro Tem Bacerra and Councilmember Mendoza
41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Campaign Finance Reform Ordinance and Bring Back During the Next Council Meeting – Councilmember Lopez and Mayor Sarmiento
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.
1. June 2226, 2022 Councilmember Lopez – National Association of Latino Elected and Appointed Officials (NALEO) 29 Annual Conference, Chicago, IL ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Housing Authority meeting.
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
th
City Council 18 7/19/2022
Future Items
1. Mental Health Mobile Outreach Services
2. Community Workforce Agreement
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Vice Chair Phil Bacerra
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2.
1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
2. Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of City Council Item #33.)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the Executive Director and Recording Secretary to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a oneyear term expiring June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054 subject to nonsubstantive changes approved by the Executive Director and Authority General Council.
2. Authorize the Executive Director and Recording Secretary to execute nonsubstantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding.
City Council 19 7/19/2022
with the operations of a comprehensive one stop center for a oneyear term expiring June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054 subject to nonsubstantive changes approved by the Executive Director and Authority General Council.
2. Authorize the Executive Director and Recording Secretary to execute nonsubstantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding.
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Special Housing Authority meeting.
City Council 20 7/19/2022
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, ADDING ARTICLE XI
ENTITLED “LOBBYIST REGISTRATION” TO CHAPTER 2
OF THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article XI entitled “Lobbyist Registration” is hereby added to Chapter 2 of the Santa Ana Municipal Code to read, in its entirety, as follows:
ARTICLE XI. – LOBBYIST REGISTRATION
Sec. 2-905. – Purpose and Intent.
It is the purpose and intent of the City Council of the City of Santa Ana in enacting these regulations to promote public confidence and trust, preserve the integrity of local government decision-making, and provide members of the community with access to information about persons and organizations who attempt to influence decisions of City government through paid lobbyists. Through these regulations, lobbyists shall be required to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts and this information shall be accessible to members of the public.
Sec. 2-906. – Definitions.
(a) “City official” shall mean any elected or appointed official of the City of Santa Ana, city officer as defined in Section 2-300 of this Code, member of the Council, as it may be amended from time to time.
(b) “Client” means both the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence a legislative or administrative action and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbying firm is compensated by another person for such representation.
(c) “Gift” shall have the same meaning as in Section 2-852(e) of this Code. (d) "Lobby" or "Lobbying" means communicating, for compensation, for the purpose of influencing a municipal legislative or administrative action or decision.
City Council 11 – 1 7/19/2022
(e) "Lobbyist" means any individual, business entity or organization, including a nonprofit organization, that receives or becomes entitled to receive five hundred dollars ($500) or more in consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate, directly or through his or her agents, on behalf of any other person or entity, with any elected or appointed official of the City for the purpose of influencing legislative or administrative action of the City of Santa Ana. This subsection shall apply only to this Article.
Sec. 2-907. – Registration required.
(a) Any individual or entity that qualifies as a lobbyist pursuant to this Code shall register with the Clerk of Council within fifteen (15) business days of qualifying as a lobbyist on a registration form provided by the City, and shall thereon disclose:
1. Lobbyist/lobbying firm;
2. Business mailing address;
3. Email address;
4. Telephone number;
5. The names of all owners of the lobbyist business;
6. The names of each individual lobbyist;
7. A description of the nature of the business entity or corporation;
8. The name, business address, telephone number, and email address of each client receiving lobbying services;
9. The nature of each client’s business;
10. A brief description of the governmental decision that the lobbyist seeks to influence on each client’s behalf, the desired outcome, and the names of the officials the lobbyist has contacted on each client’s behalf;
11. The name of each person employed or retained by the lobbyist to engage in lobbying activities on each client’s behalf; and
12. The date, amount, and description of any payment made to, or on behalf of any city official or member of an official’s family. Payments to be City Council 11 – 2 7/19/2022
disclosed include gifts, meals, fees, salaries, and any other form of compensation or renumeration.
(b) A lobbyist shall file an amendment to his or her registration and reporting form within fifteen (15) business days of representation of a new client or any change in the information required to be disclosed on the form related to existing clients. (c) No person who qualifies as a lobbyist shall contact or communicate with any official of the City without first registering as a lobbyist and identifying himself or herself as a lobbyist.
(d) Lobbyists shall report to the Clerk of the Council the names of all officials contacted about a government decision eight (8) days prior to any public hearing on that decision.
(e) An entity or person that registers as a lobbyist retains that status through January 2 of the following calendar year unless it terminates that status by giving notice, in writing, on the form provided to the Clerk of the Council. (f) Lobbyist registration expires on January 2 of each year and shall be renewed on or before January 3 or the next business day if the lobbyist requalifies as a lobbyist.
Sec. 2-908. – Exemptions from registration.
The following persons or entities are exempt from registration as a lobbyist:
(a) Any public official acting in his or her official capacity and any government official or employee acting within the scope of his or her employment. (b) A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses. (c) Any person representing themselves in attempting to obtain decisions related to their own property or business.
(d) Any person appearing solely at the request or demand of city staff for the purpose of providing information at a public hearing or enforcement proceeding. (e) Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral interview related to a request for proposals or qualifications, or negotiating the terms of a written City Council 11 – 3 7/19/2022
agreement with any city agency following a request for proposals or request for qualifications process.
(f) A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such entity, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures, if such entity or individual engages in no other activities to influence a municipal decision.
Sec. 2-909. – Required disclosure reports.
(a) Annual reports.
1. Lobbyists shall file yearly disclosure reports with the Clerk of Council on a form prepared by the Clerk of Council specifying in detail the following:
a) The nature of the issues they are trying or tried to influence through lobbying of City officials;
b) Identify each client and the amount of compensation received from each client for communicating using any means with City officials for the purpose of influencing a municipal legislative or administrative action or decision;
c) All campaign contributions and gifts to elected City officials; d) All fundraising activities conducted on behalf of City elected officials;
e) All contributions or gifts to political campaigns;
f) All contributions or gifts made at the behest of City elected officials; g) All contributions or gifts to political campaigns made at the behest of elected City officials;
h) All contributions or gifts to religious institutions made at the behest of elected City officials;
City Council 11 – 4 7/19/2022
i) All contributions or gifts to non-profit organizations made at the behest of elected City officials;
j) All payments received by the lobbyist for services as a consultant to the City or any City agency;
k) Any compensated work done for a political campaign of an elected City official; and
l) Past lobbying activity in the City.
2. Yearly disclosure reports shall be filed with the Clerk of Council no later than October 1st starting in 2023.
(b) Quarterly Political Contributions Reports. Lobbyist shall file quarterly reports regarding contributions to an elected City official or the controlled committee of an elected City official.
1) All reports will be on a form prepared by the Clerk of Council. 2) Each report will be filed with the Clerk of Council no later than January 1st, April 1st, July 1st, and September 1st of every year starting in 2023. (c) Quarterly Fundraising Activity Reports. Lobbyists shall file a quarterly report with the Clerk of Council if the lobbyist, within the last 12 months:
1) Engaged in fundraising activities on behalf of an elected City official and/or an elected City official’s controlled committee and knows or has reason to know that the fundraising activity resulted in a contribution or contributions; or
2) Delivered or acted as an intermediary for one or more contributions to an elected City official and/or any of an elected City official’s controlled committees.
3) All reports will be on a form prepared by the Clerk of Council. 4) Each report will be filed with the Clerk of Council no later than January 1st, April 1st, July 1st, and September 1st of every year starting 2023.
City Council 11 – 5 7/19/2022
Sec. 2-910. – Online disclosure of report forms and reports.
Every lobbying firm or lobbyist required to file a registration form or disclosure report shall use the Clerk of the Council’s electronic filing system to file such forms or reports online. It is unlawful for a lobbying firm to file a registration form or disclosure report unless a duly authorized owner or officer has reviewed the contents and electronically verified under penalty of perjury that he or she believes the contents to be true, correct, and complete based on personal knowledge or on information and belief. In the event the Clerk’s online filing system is not capable of accepting a required form or report, a lobbying firm or lobbying shall file that form or report in an electronic format with the Clerk on or before the deadline.
Sec. 2-911. – Registration fee.
The City may charge a lobbyist registration fee including fees related to the annual renewal and penalties to cover the costs associated with administering the lobbyist registration and disclosure program. The fees shall be in such amounts established by resolution of the City Council.
Sec. 2-912. – Disclosure reports made available to the public.
The Clerk of Council shall make all lobbyist registration and disclosure reports available online to the public and copies available through the Clerk of Council’s office.
Sec. 2.913. – Powers and duties of the Clerk of the Council. (a) The Clerk of the Council may issue a notice of filing obligations to any person or entity who a City official or other person has reason to believe should file a registration form or disclosure report. Before sending the notice, the Clerk shall determine whether facts exist to warrant sending a notice. If, within ten (10) business days after the Clerk has sent a written notice, the person or entity either complies with this Chapter or furnishes satisfactory evidence to the Clerk that he or she is exempt from the filing obligations, a violation will be deemed not to have occurred.
(b) The Clerk of the Council shall report apparent violations of this Chapter to the City Attorney’s Office.
(c) The Clerk of the Council shall preserve all registration forms and disclosure reports required to be filed under this Chapter for a period of five (5) years from the date of filing. These registration forms and disclosure reports shall constitute part of the public records and shall be open to public inspection. Copies shall be City Council 11 – 6 7/19/2022
made available by the Clerk upon request and payment of any lawful copy charges.
(d) The Clerk of the Council shall have the power to adopt all reasonable and necessary procedures to implement this Chapter.
Sec. 2.914.- Appearance of an unregistered lobbying.
If a lobbyist who has not registered appears at a public meeting of an legislative body of the City to make a presentation on behalf of a client, the lobbyist will be permitted to make the presentation upon stating, on the record, the following: 1) The lobbyist’s full name, business address and telephone number; 2) The name, business address, and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the city; and 3) The legislative or administrative action of the city with respect to which the lobbyist has been employed, retained or engaged.
The lobbyist shall be required to file the required registration form and pay the registration fee and any penalty fee set by resolution, to the Clerk of the Council upon completion of such presentation.
Sec. 2-915. – Penalty for violation.
(a) Every violation of the provisions of this Article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code.
(b) Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense.
(c) Any person convicted of violating this Article may not act as a lobbyist within the City or otherwise attempt to influence City legislation for compensation for one year after such a conviction.
(c) Residents of the City of Santa Ana shall have standing to bring a civil action for enforcement of this Article.
(d) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this Article.
City Council 11 – 7 7/19/2022
Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 3. This Ordinance shall become effective thirty (30) days after its adoption.
Section 4. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this ____ day of ______, 2022.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Laura A. Rossini
Chief Assistant City Attorney
City Council 11 – 8 7/19/2022
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ______________, 2022, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: _____________________ ____________________________ Daisy Gomez
Clerk of the Council
City of Santa Ana
City Council 11 – 9 7/19/2022
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, ADDING ARTICLE XI
ENTITLED “LOBBYIST REGISTRATION” TO CHAPTER 2
OF THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article XI entitled “Lobbyist Registration” is hereby added to Chapter 2 of the Santa Ana Municipal Code to read, in its entirety, as follows:
ARTICLE XI. – LOBBYIST REGISTRATION
Sec. 2-905. – Purpose and Intent.
It is the purpose and intent of the City Council of the City of Santa Ana in enacting these regulations to promote public confidence and trust, preserve the integrity of local government decision-making, and provide members of the community with access to information about persons and organizations who attempt to influence decisions of City government through paid lobbyists. Through these regulations, lobbyists shall be required to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts and this information shall be accessible to members of the public.
Sec. 2-906. – Definitions.
(a) “City official” shall mean any elected or appointed official of the City of Santa Ana, city officer as defined in Section 2-300 of this Code, member of the Council, as it may be amended from time to time.
(b) “Client” means both the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence a legislative or administrative action and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbying firm is compensated by another person for such representation.
(c) “Gift” shall have the same meaning as in Section 2-852(e) of this Code. (d) "Lobby" or "Lobbying" means communicating, for compensation, for the purpose of influencing a municipal legislative or administrative action or decision.
City Council 11 – 10 7/19/2022
(e) "Lobbyist" means any individual, business entity or organization, including a nonprofit organization, that receives or becomes entitled to receive five hundred dollars ($500) or more in consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate, directly or through his or her agents, on behalf of any other person or entity, with any elected or appointed official of the City for the purpose of influencing legislative or administrative action of the City of Santa Ana. This subsection shall apply only to this Article.
Sec. 2-907. – Registration required.
(a) Any individual or entity that qualifies as a lobbyist pursuant to this Code shall register with the Clerk of Council within fifteen (15) business days of qualifying as a lobbyist on a registration form provided by the City, and shall thereon disclose:
1. Lobbyist/lobbying firm;
2. Business mailing address;
3. Email address;
4. Telephone number;
5. The names of all owners of the lobbyist business;
6. The names of each individual lobbyist;
7. A description of the nature of the business entity or corporation;
8. The name, business address, telephone number, and email address of each client receiving lobbying services;
9. The nature of each client’s business;
10. A brief description of the governmental decision that the lobbyist seeks to influence on each client’s behalf, the desired outcome, and the names of the officials the lobbyist has contacted on each client’s behalf;
11. The name of each person employed or retained by the lobbyist to engage in lobbying activities on each client’s behalf; and
12. The date, amount, and description of any payment made to, or on behalf of any city official or member of an official’s family.
City Council 11 – 11 7/19/2022
Payments to be disclosed include gifts, meals, fees, salaries, and any other form of compensation or renumeration.
(b) A lobbyist shall file an amendment to his or her registration and reporting form within fifteen (15) business days of representation of a new client or any change in the information required to be disclosed on the form related to existing clients. (c) No person who qualifies as a lobbyist shall contact or communicate with any official of the City without first registering as a lobbyist and identifying himself or herself as a lobbyist.
(d) Lobbyists shall report to the Clerk of the Council the names of all officials contacted about a government decision eight (8) days prior to any public hearing on that decision.
(e) An entity or person that registers as a lobbyist retains that status through January 2 of the following calendar year unless it terminates that status by giving notice, in writing, on the form provided to the Clerk of the Council. (f) Lobbyist registration expires on January 2 of each year and shall be renewed on or before January 3 or the next business day if the lobbyist requalifies as a lobbyist.
Sec. 2-908. – Exemptions from registration.
The following persons or entities are exempt from registration as a lobbyist:
(a) Any public official acting in his or her official capacity and any government official or employee acting within the scope of his or her employment. (b) A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses. (c) Any person representing themselves in attempting to obtain decisions related to their own property or business.
(d) Any person appearing solely at the request or demand of city staff for the purpose of providing information at a public hearing or enforcement proceeding. as a speaker at, or providing written statements that become part of the record of a public hearing or enforcement proceeding at the city. (e) Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral interview related to a City Council 11 – 12 7/19/2022
request for proposals or qualifications, or negotiating the terms of a written agreement with any city agency following a request for proposals or request for qualifications process.
(f) Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which receives funding from any federal, state, or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct services to those persons, if the individual or individuals represented by the organization before any City agency provide no payment to the organization for that representation. This exemption shall not apply to direct contacts with a city official in any situation other than a publicly noticed meeting, for the purpose of attempting to influence a City decision with regard to any city funding the organization is seeking nor to any person employed by the organization with respect to his or her activities related to the organization.
(f)(g) A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such entity, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures, if such entity or individual engages in no other activities to influence a municipal decision.
Sec. 2-909. – Required disclosure reports.
(a) Annual reports.
1. Lobbyists shall file yearly disclosure reports with the Clerk of Council on a form prepared by the Clerk of Council specifying in detail the following:
a) The nature of the issues they are trying or tried to influence through lobbying of City officials;
b) Identify each client and the amount of compensation received from each client for communicating using any means with City officials for the purpose of influencing a municipal legislative or administrative action or decision;
c) All campaign contributions and gifts to elected City officials;
d) All fundraising activities conducted on behalf of City elected officials;
City Council 11 – 13 7/19/2022
e) All contributions or gifts to political campaigns;
f) All contributions or gifts made at the behest of City elected officials;
g) All contributions or gifts to political campaigns made at the behest of elected City officials;
h) All contributions or gifts to religious institutions made at the behest of elected City officials;
i) All contributions or gifts to non-profit organizations made at the behest of elected City officials;
j) All payments received by the lobbyist for services as a consultant to the City or any City agency;
k) Any compensated work done for a political campaign of an elected City official; and
l) Past lobbying activity in the City.
2. Yearly disclosure reports shall be filed with the Clerk of Council no later than October 1st starting in 2023.
(b) Quarterly Political Contributions Reports. Lobbyist shall file quarterly reports regarding contributions to an elected City official or the controlled committee of an elected City official.
1) All reports will be on a form prepared by the Clerk of Council. 2) Each report will be filed with the Clerk of Council no later than January 1st, April 1st, July 1st, and September 1st of every year starting in 2023. (c) Quarterly Fundraising Activity Reports. Lobbyists shall file a quarterly report with the Clerk of Council if the lobbyist, within the last 12 months:
1) Engaged in fundraising activities on behalf of an elected City official and/or an elected City official’s controlled committee and knows or has reason to know that the fundraising activity resulted in a contribution or contributions; or 2) Delivered or acted as an intermediary for one or more contributions to an elected City official and/or any of an elected City official’s controlled committees.
City Council 11 – 14 7/19/2022
3) All reports will be on a form prepared by the Clerk of Council. 4) Each report will be filed with the Clerk of Council no later than January 1st, April 1st, July 1st, and September 1st of every year starting 2023.
Sec. 2-910. – Online disclosure of report forms and reports.
Every lobbying firm or lobbyist required to file a registration form or disclosure report shall use the Clerk of the Council’s electronic filing system to file such forms or reports online. It is unlawful for a lobbying firm to file a registration form or disclosure report unless a duly authorized owner or officer has reviewed the contents and electronically verified under penalty of perjury that he or she believes the contents to be true, correct, and complete based on personal knowledge or on information and belief. In the event the Clerk’s online filing system is not capable of accepting a required form or report, a lobbying firm or lobbying shall file that form or report in an electronic format with the Clerk on or before the deadline.
Sec. 2-911. – Registration fee.
The City may charge a lobbyist registration fee including fees related to the annual renewal and penalties to cover the costs associated with administering the lobbyist registration and disclosure program. The fees shall be in such amounts established by resolution of the City Council.
Sec. 2-912. – Disclosure reports made available to the public.
The Clerk of Council shall make all lobbyist registration and disclosure reports available online to the public and copies available through the Clerk of Council’s office.
Sec. 2.913. – Powers and duties of the Clerk of the Council. (a) The Clerk of the Council may issue a notice of filing obligations to any person or entity who a City official or other person has reason to believe should file a registration form or disclosure report. Before sending the notice, the Clerk shall determine whether facts exist to warrant sending a notice. If, within ten (10) business days after the Clerk has sent a written notice, the person or entity either complies with this Chapter or furnishes satisfactory evidence to the Clerk that he or she is exempt from the filing obligations, a violation will be deemed not to have occurred.
(b) The Clerk of the Council shall report apparent violations of this Chapter to the City Attorney’s Office.
City Council 11 – 15 7/19/2022
(c) The Clerk of the Council shall preserve all registration forms and disclosure reports required to be filed under this Chapter for a period of five (5) years from the date of filing. These registration forms and disclosure reports shall constitute part of the public records and shall be open to public inspection. Copies shall be made available by the Clerk upon request and payment of any lawful copy charges.
(d) The Clerk of the Council shall have the power to adopt all reasonable and necessary procedures to implement this Chapter.
Sec. 2.914.- Appearance of an unregistered lobbying.
If a lobbyist who has not registered appears at a public meeting of an legislative body of the City to make a presentation on behalf of a client, the lobbyist will be permitted to make the presentation upon stating, on the record, the following: 1) The lobbyist’s full name, business address and telephone number; 2) The name, business address, and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the city; and 3) The legislative or administrative action of the city with respect to which the lobbyist has been employed, retained or engaged.
The lobbyist shall be required to file the required registration form and pay the registration fee and any penalty fee set by resolution, to the Clerk of the Council upon completion within seven (7) business days of such presentation.
Sec. 2-915. – Penalty for violation.
(a) Every violation of the provisions of this Article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code.
(b) Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense.
(c) Any person convicted of violating this Article may not act as a lobbyist within the City or otherwise attempt to influence City legislation for compensation for one year after such a conviction.
(c) Residents of the City of Santa Ana shall have standing to bring a civil action for enforcement of this Article.
City Council 11 – 16 7/19/2022
(d) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this Article.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 3. This Ordinance shall become effective thirty (30) days after its adoption.
Section 4. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.
ADOPTED this ____ day of ______, 2022.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Laura A. Rossini
Chief Assistant City Attorney
City Council 11 – 17 7/19/2022
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ______________, 2022, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: _____________________ ____________________________ Daisy Gomez
Clerk of the Council
City of Santa Ana
City Council 11 – 18 7/19/2022
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE PERTAINING TO OFF-PREMISE
COMMERCIAL ADVERTISING SIGNS AND
DEVELOPMENT PROJECT PLAN APPROVALS TO
ALLOW AND REGULATE NEW DIGITAL BILLBOARDS
SUBJECT TO CERTAIN LOCATION, DESIGN, AND
OPERATIONAL REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows:
A. On April 16, 1984, the City Council adopted Ordinance No. NS-1722, adding Article XII to Chapter 41 of the Santa Ana Municipal Code (SAMC) allowing and regulating off-premise commercial advertising signs, commonly known as billboards.
B. On June 15, 1987, the City Council adopted Ordinance No. NS-1915, adopting a revised “Critical Development Areas” and “Improvement Areas” map to further allow and regulate off-premise commercial advertising signs in certain segments of the City.
C. On September 8, 1987, the City Council adopted Ordinance No. NS-1927, further amending certain sections of Article XII of the Santa Ana Municipal Code.
D. Since the adoption of Ordinance Nos. NS-1722, NS-1915, and NS-1927, amendments to the California Outdoor Advertising Act and other regulations and policies of the California Department of Transportation (Caltrans), as well as changes in technology allowing digital displays on billboards, have rendered many segments of Article XII of Chapter 41 of the SAMC outdated and obsolete. This status effectively prohibits construction or reconstruction of new or existing billboards, as well as installation of electronic message displays. Since their adoption, these ordinances have also effectively rendered existing billboards in Santa Ana as legal nonconforming.
E. The California Outdoor Advertising Act, set forth in California Business and Professions Code Section 5200 et seq., generally provides that compensation must be paid to billboard owners for the removal, abatement, or limitation of the City Council 12 – 1 7/19/2022
Ordinance No. NS-XXX
customary maintenance, use, or repair of certain lawfully erected nonconforming billboards, except through a relocation agreement.
F. Business and Professions Code Section 5412 specifically empowers a city to enter into relocation agreements on whatever terms are agreeable to an outdoor advertising display owner and such city as a means of eliminating the need to pay compensation for their removal.
G. Construction of new billboards is prohibited along highways designated as landscaped freeways with certain exceptions, including the construction of relocated billboards pursuant to Business and Professions Code Sections 5440 through 5443.5 or the construction of new billboards along portions of landscaped freeways that have been declassified.
H. Business and Professions Code Section 5412 further empowers a city to adopt ordinances or resolutions providing for the relocation of billboards.
I. Technology has also allowed for the modernization of advertising medium by way of the creation of digital or electronic messaging, which have been utilized by advertising companies throughout the nation.
J. The City recognizes that billboards are a valuable advertising tool, but without proper design, placement, and maintenance, they may unduly distract, create traffic hazards and negative visual, lighting, and glare impacts.
K. Permitting the construction of new billboards along portions of the City that are not adjacent to landscaped freeways and the relocation or reconstruction of existing billboards to more appropriate locations within the City with upgraded technology provides a greater opportunity for businesses to advertise to larger audiences, promote economic growth in the City and the region, and provide for additional public service announcements.
L. Allowing the removal of existing billboards also allows the City to direct the placement of new billboards with digital technologies into areas that are more aesthetically appropriate, thereby creating fewer visual and glare impacts for the City's residents.
M. Adoption of this Ordinance is compatible with the SAMC and promotes the public health, safety, and welfare of the citizens of the City.
N. The Planning Commission held a duly-noticed public hearing on April 25, 2022 to consider this Ordinance, where all interested persons were given an opportunity to be heard. The Planning Commission recommended approval of the ordinance to the City Council, subject to modifications to Section 41-1113 of this Ordinance and the draft Operating Agreement template to provide for minimum local hiring requirements when considering billboard reduction alternatives as per Section 1 of the draft Operating Agreement.
City Council 12 – 2 7/19/2022
Ordinance No. NS-XXX
O. The City Council held a duly-noticed public hearing on June 21, 2022 where all interested persons were given an opportunity to be heard.
Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 3. Article XII (Off-Premise Commercial Advertising Signs) of Chapter 41 of the Santa Ana Municipal Code (Zoning) is hereby repealed in its entirety.
Section 4. Article XII (Off-Premise Commercial Advertising Signs) of Chapter 41 of the Santa Ana Municipal Code (Zoning) is hereby reenacted in its entirety to read as follows:
ARTICLE XII. – OFF-PREMISE COMMERCIAL ADVERTISING SIGNS (BILLBOARDS)
DIVISION 1. - GENERAL PROVISIONS
Sec. 41-1100. - Purpose.
The purpose and intent of this Article is to allow:
(1) The installation of digital billboards adjacent to freeways in suitable locations; (2) The reconstruction or conversion of existing static freeway-oriented billboards to digital billboards; and
(3) The reconstruction or conversion of existing on-premise freeway-oriented advertising signs to digital billboards.
Sec. 41-1100.5. - Goals.
These provisions seek to achieve the following goals:
(1) The removal of existing billboards along arterial streets; (2) The construction of new freeway-oriented digital billboards in exchange for specific economic and community benefits as described in this Article; (3) The reconstruction/conversion of freeway-oriented existing static billboards in exchange for specific economic and community benefits as described in this Article;
(4) The reconstruction or conversion of existing on-premise freeway-oriented digital signs to off-premise commercial advertising signs;
(5) The display of public service announcements; and
(6) The generation of revenue for City to fund ongoing services and community needs.
Sec. 41-1101. - Definitions.
As used in this Article, the following words, terms or phrases have the following meanings:
City Council 12 – 3 7/19/2022
Ordinance No. NS-XXX
(1) Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean located within 300 feet of the edge of pavement of a freeway on a parcel having frontage on said freeway and as depicted on maps by the Planning Division. (2) Arterial Billboard means an off-premise commercial advertising sign located adjacent to a public street that is not freeway oriented. (3) Billboard and Off-Premise Commercial Advertising Sign means a sign affixed to the ground as a permanent structure used for the display of off-premise advertising to the public.
(4) Billboard Operating Agreement means an agreement entered into by and between the City and the billboard operator which will specify terms for fees to compensate for impacts on City aesthetics and services, including an Economic and Community Benefits Plan, if proposed.
(5) Classified Landscaped Freeway, when referenced in this Article, refers to a designation applied by the California Department of Transportation (Caltrans) to certain freeway segments which meet the criteria established by the California Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as amended.
(6) Commercial Advertisement means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof. (7) Digital Billboard means a billboard or off-premise commercial advertising sign using technologies, such as LCD (Liquid Crystal Display) and LED (LightEmitting Diode), to display images and text. (8) Freeway Corridor means land located within three hundred (300) feet of the edge of freeway pavement and having frontage on the following freeways: the Santa Ana (I-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway.
(9) Freeway-Oriented means any billboard that is adjacent to a freeway, designed to be viewed primarily by persons traveling on the main-traveled way of the freeway.
(10) Freeway-Oriented On-Premise Digital Sign (Existing) means an electronic, digital message display that has been approved by the City of Santa Ana as part of a regional planned sign program pursuant to Section 41-885 of the Santa Ana Municipal Code.
(11) Non-Commercial Advertisement Sign means any advertisement other than a commercial advertisement, including public service announcements. (12) Off-Premise Advertisement Sign means any commercial advertisement other than an on-premise advertisement sign that advertises products or services that is not located, produced, or offered for sale on the subject premise. (13) On-Premise Advertisement Sign means any commercial advertisement which pertains solely to goods or services which are produced or offered for sale on the premises where the advertisement is displayed.
City Council 12 – 4 7/19/2022
Ordinance No. NS-XXX
(14) Static Billboard means a billboard or off-premise commercial advertising sign that is not equipped as a digital display.
Sec. 41-1102. - Consistency with the Outdoor Advertising Act.
To the extent that there is any conflict between the provisions of this Article and the provisions of the California Outdoor Advertising Act, codified at California Business and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising Act shall prevail.
Sec. 41-1103. - Application to Existing Signs.
Any off-premise commercial advertising sign which was constructed in conformance with the requirements of this Article as they existed at the time of such construction, but which is not in conformance with the requirements of this Article, shall be deemed a legal nonconforming use for purposes of this Article, and may be maintained subject to the restrictions and limitations imposed on nonconforming uses by this Chapter. Such signs may be compelled to be removed through amortization subject to the requirements and limitations imposed by Sections 5412 through 5412.4 of the Business and Professions Code of the State of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference.
Sec. 41-1104. - Fees.
The City Council may, by resolution, establish fees for any or all the administrative processes established by this Article. Every application for a billboard permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City Council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.
Sec. 41-1105. - Commercial and Non-commercial Messages.
Nothing in this Article shall be deemed to prohibit or restrict the use of any sign authorized by this Article for any noncommercial message. No permit required for any sign under this Article shall be granted, conditioned, or denied based on the content of the message displayed by such sign, whether such message is commercial or noncommercial in nature.
DIVISION 2. - ADMINISTRATION AND PERMIT PROCEDURES
Sec. 41-1110. – Permit Type and Review Authority.
Table 41-1110 below identifies the primary types of development applications, approval process and approval authority for the applications required to permit digital City Council 12 – 5 7/19/2022
Ordinance No. NS-XXX
billboards. Applications may be subject to one or more development application processing procedures contained in this Chapter. The exact processing and timing of applications shall be determined by the Planning Division based on the applicable project characteristics.
Table 41-1110 Permit Type and Review Authority
Appeals from decisions of the Director of the Planning and Building Agency and/or Planning Commission, extensions, time limits, and modifications to such digital billboard approval must be conducted in a manner in accordance with Article V, Division 1 of this Chapter.
Billboard Type Permit Type
Required
Approving
Body
Public Hearing
Required
New Digital Billboard
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Conversion/Reconstruction
of Existing Freeway-Oriented
Static Billboard
Development Project
Plans Director of PBA
No
Operating Agreement City Manager
Conversion/Reconstruction
of Existing Freeway-Oriented
On-Premise Digital Sign
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Relocation of Existing and
Approved Static or Digital
Billboards (1)
Development Project
Plan Director of PBA
Yes Conditional Use
Permit
Planning
Commission
Operating Agreement City Manager
Notes:
1. As approved by this Ordinance and if required and permitted by the California Outdoor Advertising Act, as amended from time to time.
City Council 12 – 6 7/19/2022
Ordinance No. NS-XXX
Sec. 41-1111. - Application Requirements.
Every application for the construction a new digital billboard, conversion/reconstruction of an existing freeway-oriented static billboard, or conversion/reconstruction of an existing freeway oriented on-premise advertising sign to a digital billboard shall be filed by, or with the written consent of, the property owner on forms required by the Planning Division and shall be at a minimum accompanied by the following information:
(a) A pictorial representation of, and other information about, the proposed digital billboard, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination characteristics.
(b) A plan of the site on which the proposed digital billboard is to be located, indicating the precise location of the billboard, existing and proposed landscaping, other site improvements, and proximity to the edge of pavement of an adjacent freeway.
(c) A vicinity map depicting the location of all existing and proposed billboards, any landmarks as designated on the General Plan that are within one thousand (1,000) feet of the proposed digital billboard, and the zoning designation of all sites within five hundred (500) feet of the boundaries of the subject property. (d) Photo simulations of all proposed digital billboards showing daytime and nighttime conditions.
(e) A three-dimensional (3D) massing study depicting the proposed digital billboard. The 3D study should include massing of proposed development, if any, on applicant’s parcel as well as existing buildings and advertising signs within one thousand (1,000) feet of the proposed digital billboard. (f) If the application involves the exchange of existing billboards, a map depicting the location(s) of billboards to be removed; at least two photos of each billboard to be removed; and a summary of the size of each billboard face to be removed. (g) Such other information as the Executive Director of the Planning and Building Agency deems appropriate to determine compliance with the provisions of this Article.
Sec. 41-1112. - Digital Billboard Conditional Use Permit Findings of Approval.
For approval of a Conditional Use Permit for a Digital Billboard, the Planning Commission shall make the following findings of fact set forth in this Section and not upon the standards set forth in Section 41-638 of this Chapter, and may impose conditions, restrictions or limitations as the commission deems necessary to meet the general purpose and intent of this Article and to ensure that the public health, safety and welfare are being maintained. Findings of Approval shall be made, and conditions may be imposed to confirm that:
City Council 12 – 7 7/19/2022
Ordinance No. NS-XXX
(a) The proposed digital billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a freeway.
(b) Adequate space exists between the proposed digital billboard and any existing billboards in the vicinity, thus avoiding or minimizing any negative aesthetic impacts to surrounding land uses.
(c) The size and design of the digital billboard will not be out of context with its visual environment.
(d) The digital billboard will not cause light and glare to intrude upon residential uses, including those in mixed-use districts or developments. (e) The digital billboard will not significantly block or impair views of landmarks identified in the City’s General Plan.
(f) The installation of the new digital billboard will result in significant economic and community benefits.
Sec. 41-1113. - Operating Agreement Required; Execution Fee Required.
Prior to issuance of any building permits to reconstruct an existing static billboard, or prior to the public hearing notice to consider construction of a new digital billboard or conversion/reconstruction of an existing freeway oriented on-premise sign to a digital billboard, the applicant shall submit to the City Manager an executed Billboard Operating Agreement that has been reviewed and approved by the City Attorney and the Executive Director of the Planning and Building Agency. The applicant shall be responsible for paying any fees that have been established by the City Council to process and execute the Billboard Operating Agreement. In approving such agreement, the City Manager must find that the agreement will confer a substantial public benefit to the City and to the general public. Such public benefits may include, without limitation:
the removal of legal nonconforming billboards; minimum display percentages or times for the advertising of City events and public service announcements; public art programming; physical site improvements; automatic brightness reductions or automatic display shutoffs due to proximity to sensitive land uses; minimum advertising of goods, products, or services provided onsite; monetary contribution intended for streetscape amenities or publicly accessible open space that enhances the quality and comfort of the pedestrian experience; minimum 20-percent local hiring from Santa Ana residents to be considered for billboard removal alternatives through the Economic and Community Benefits Plan; and/or financial contributions to the City with the intent to achieve the same results.
DIVISION 3. – DEVELOPMENT, LIGHTING AND OPERATIONAL STANDARDS Sec. 41-1130. - Permitted Locations.
New and reconstructed billboards, and the conversion of existing freeway oriented on-premise advertisement signs to a digital billboard:
City Council 12 – 8 7/19/2022
Ordinance No. NS-XXX
(a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one- hundred fifty (150) feet for mixed-use districts by the Planning Commission through the approval of a Conditional Use Permit
(d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans).
(e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan.
(f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (I-5) Freeway between Main Street and Grand Avenue.
Sec. 41-1131. - Development Standards.
(a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued.
These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions.
(b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited.
(c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards.
Table 41-1131 Digital Billboard Development Standards
Standard
Maximum Sign Area/Face As allowed by Caltrans
Maximum Number of Faces Two (2)
Maximum Height 60 feet(1)
Spacing Between Billboards 1,000 feet (2)
Number of Vertical Supports One Vertical Support (3)
City Council 12 – 9 7/19/2022
Ordinance No. NS-XXX
Notes:
1. Measured from nearest adjacent curb level on the site on which the sign is constructed.
May be modified through Planning Commission approval of a Conditional Use Permit.
2. The minimum separation between billboards shall be one-thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard’s vertical support.
3. All conduits, cables and appurtenances shall be concealed within the vertical support.
Sec. 41-1132. - Design Standards.
(a) The words “Santa Ana” shall permanently appear on the billboard structure in a size large enough to be visible to drivers using the freeway. The precise location, size and font of the words shall be determined by the approval authority. (b) All ground-mounted equipment shall be screened from view at street level. The entire site occupied by the billboard shall be appropriately landscaped with groundcover and shrubs to the satisfaction of the approval authority. (c) Each freeway billboard must be oriented primarily for viewing from the freeway and shall be oriented, and adequately shielded if necessary, to prevent the trespass of light and glare upon any residential land use, including those in mixed-use districts, as exists on the date of building permit issuance. (d) The billboard shall utilize an innovative billboard format, shall creatively use the latest in technology to ensure digital image quality, and shall use innovative architectural features and materials.
(e) All billboards shall plainly display, and be visible from no less than fifty (50) feet, the name of the person or company owning or maintaining such billboard, contact information for said person or company, and the billboard's identification number.
(f) Billboards projecting over a driveway or drive aisle shall have a minimum clearance of 20 feet between the lowest point of the sign and the driveway grade. (g) No part of any billboard shall cross onto an adjacent property. (h) Billboards projecting over a pedestrian walkway shall have a minimum clearance of twelve (12) feet between the lowest point of the sign and the walkway grade. (i) All billboards not projecting over drive areas or pedestrian walkways shall have a minimum clearance of twelve (12) feet between the lowest point of the billboard and ground level.
Sec. 41-1133. - Lighting and Display Requirements.
(a) Signs shall produce a maximum 0.3 foot-candles over ambient light levels. (b) The display brightness shall be controlled by a photocell or light sensor that adjusts the brightness to the required level based on ambient light conditions without the need for human input. Use of other brightness adjustment methods, City Council 12 – 10 7/19/2022
Ordinance No. NS-XXX
such as timer- or calendar-based systems, shall only be used as a backup system.
(c) The display shall be factory-certified as capable of complying with the above brightness standards. Such certification shall be provided to the satisfaction of the Executive Director of the Planning and Building Agency, or his/her designee. (d) The sign owner shall provide to the City, upon request, certification by or compensation for an independent contractor to verify that the brightness levels of the digital billboard are in compliance with the requirements of this Section. (e) All signs shall be equipped with a control system that, in the event of a display or control malfunction, "freezes" the display on either a single, unchanging message, or a blank screen. An emergency shutoff switch shall be provided. (f) Any sign area not comprising the digital display panel is prohibited. This area includes, but is not limited to, static sign area, appendages, cutout letters, and figures. A frame surrounding the display panel up to twelve (12) inches in width shall be permitted; it shall not contain any sign copy or graphics, and shall not count toward the sign area.
(g) Where screen transitions are used, such transitions shall not give the appearance of moving text or images. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement or use animation.
(h) Each sign copy shall be displayed for a minimum of four (4) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one still image and the next may not exceed one (1) second.
(i) All digital billboards must comply with all applicable laws and regulations concerning brightness, including, without limitation, California Vehicle Code Section 21466.5, and as amended.
(j) All digital billboards must provide sufficient time for public service announcements as set forth in the approved Operating Agreement. Such public service announcements may not be concentrated during non-peak hours and must be evenly dispersed throughout peak hours so as to maximize their benefit for the community and passer-by traffic.
Sec. 41-1134. - Prohibited Features.
Freeway oriented billboards shall not contain any of the following features:
(a) Moving parts.
(b) Appendages, cutout letters, or figures that protrude beyond the flat surface of the sign face.
(c) Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering or glittering. Exceptions to this restriction include time, temperature and smog index units.
City Council 12 – 11 7/19/2022
Ordinance No. NS-XXX
(d) Walls or screens at the base of the sign which create a hazard to public safety or provide an attractive nuisance.
(e) Copy which simulates any traffic sign in a manner which confuses the public. (f) Copy which duplicates any other content displayed on the sign. (g) Devices which emit audible sound, or odor or particulate matter.
Sec. 41-1135. - Maintenance and Monitoring.
(a) No person shall allow any digital billboard located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than fifteen (15) days. For purposes of this article, a billboard shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts, has a broken or damaged sign face, or is in need of repainting or cleaning in order to be brought into a reasonably slightly and legible condition.
(b) All billboard operators shall submit a Lighting Monitoring Report to the Planning Division upon installation, and at three-year intervals thereafter to confirm conformance with the lighting requirements set forth in this Article. (c) Complaints about lighting will be investigated by the City, and if determined necessary by the Executive Director of the Planning and Building Agency, the billboard operator shall provide an updated Lighting Monitoring Report within 72 hours of the notice from the City. The City shall reserve the right to conduct digital billboard lighting measurements. If the measured luminance and/or illuminance exceed the data presented in operator’s Lighting Monitoring Report, the findings of the City report shall prevail. All cost shall be borne by the applicant/operator.
DIVISION 4. - BILLBOARD EXCHANGE PROGRAM.
Sec. 41-1140. - Applicability.
No building permit shall be issued for any new digital billboard, conversion/reconstruction of an existing freeway oriented static billboard, or conversion/reconstruction of an existing on-premise advertising sign to a digital billboard, until the removal ratios as required by the Operating Agreement pursuant to Section 41-1113 of this Article have been met by applicant. In addition, the following standards are shall apply:
(a) Nonconforming billboards with more than one face shall be removed in their entirety and shall not be altered or partially dismantled in such a way as to leave behind one or more faces or portion(s) thereof.
(b) No billboard shall be reduced in size or otherwise altered to provide for the required removal, and only whole, entire billboard(s) shall be removed. In no case shall less than the required amount of display surface area be removed. (c) Any billboard removed or demolished from within the City, or reduced in size, not in conjunction with a project requiring removal under this Article, shall not be credited toward the removal requirements of Section.
City Council 12 – 12 7/19/2022
Ordinance No. NS-XXX
(d) Billboards shall be removed with the following priority, in order of highest priority to lowest:
(1) Nonconforming billboards located on properties used for residential purposes or zoned for residential use.
(2) Nonconforming billboards not located adjacent to a street classified as a Freeway, Principal, Major Arterial, Primary Arterial and Secondary Arterial as defined by the Santa Ana Circulation Element, with the exception of those billboards located in Downtown Santa Ana.
(3) All other nonconforming billboards.
(e) The City may allow the applicant to post a bond guaranteeing removal of the existing billboards prior to issuing permits for the applicable digital billboard in the freeway corridor.
Sec. 41-1141. - Overriding Economic and Community Benefit Considerations for Billboard Removal Exchange Ratio Reduction.
The billboard removal ratio as required pursuant to Section 41-1113 of this Article may be reduced subject to demonstration of overriding economic and community benefits as proposed in an Economic and Community Benefits Plan attached to and incorporated in a Billboard Operating Agreement as specified in Section 41-1113 of this chapter, subject to the satisfaction of the City Manager.
Section 5. Section 41-668 of Division 3 of Article V of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 41-668. - Definitions.
(a) Development project. As used in this division, the term "development project" includes any of the following projects:
(1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following:
a. Single family homes;
b. Room additions to duplexes;
c. Tenant improvements not involving a change of use;
d. Facade improvements;
e. Equipment covers or structures to cover equipment.
(2) Tenant improvements involving an intensification or change in occupancy classification.
City Council 12 – 13 7/19/2022
Ordinance No. NS-XXX
(3) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (4) Construction of new digital billboards, conversion of an existing static billboard within to a digital billboard, conversion/reconstruction of existing on-premise digital signs, and relocation of billboards.
(b) Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division.
Section 6. Pursuant to the California Environmental Quality Act, the City Council has concurrently and separately reviewed, certified, and adopted the Final Initial Study/Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for this project/ordinance. On the basis of this review, the City Council found that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment.
Section 7. 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 8. This Ordinance shall become effective thirty (30) days after its adoption.
Section 9. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2022.
________________________________
Vicente Sarmiento
Mayor
City Council 12 – 14 7/19/2022
Ordinance No. NS-XXX
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
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 that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on ________________, 2022 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 12 – 15 7/19/2022
Public Works Agency
www.santa-ana.org/departments/public-works/
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Destruction of Obsolete City Records
AGENDA TITLE:
Approve Destruction of Obsolete City Records
RECOMMENDED ACTION
Approve the request for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014.
DISCUSSION
On April 1, 2013, the City Council approved Resolution 2013-014 ("Resolution"). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained.
To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule ("Schedule") which sets forth the retention period for a particular record. The Schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana.
The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements.
Section 5.B of this Resolution and the City's Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the Public Works Agency lists obsolete records proposed for destruction. A copy of the memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. The memorandum is attached as exhibit to this staff report. Destruction of these records will serve to benefit each office with a more efficient access to files and alleviate the City's current storage needs to maintain these obsolete records.
City Council 13 – 1 7/19/2022
Destruction of Obsolete City Records
July 19, 2022
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. Request for Destruction of Records – Public Works Agency Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 13 – 2 7/19/2022
City Council 13 – 3 7/19/2022
for the
June 22, 2022
City Council 13 – 4 7/19/2022
City Council 13 – 5 7/19/2022
City Council 13 – 6 7/19/2022
Finance and Management Services
www.santa-ana.org/finance
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Receive and file the Single Audit Report for the Fiscal Year Ended June 30, 2021 AGENDA TITLE:
Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021
RECOMMENDED ACTION
Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2021.
DISCUSSION
All non-Federal entities that expend $750,000 or more of Federal awards each fiscal year are required to obtain a Single Audit to comply with the regulations of the Federal Office of Management and Budget (OMB). The Single Audit for the fiscal year ended June 30, 2021 and has been completed by the City’s independent auditor, CliftonLarsonAllen LLP.
During the fiscal year 2020-21, the City administered twenty-four (24) Federal grant programs and expended $105.6 million, representing an increase of $46.5 million from the prior fiscal year. The increase was primarily due to $31.8 million in Coronavirus Relief Fund expenditures, $3.7 million in COVID-19 Community Development Block Grant (CDBG), $3.6 million in COVID-19 Emergency Solutions Grant, $2.4 million in COVID-19 Housing Assistance programs, and $4.0 million additional Highway Planning & Construction capital expenditures.
Of the twenty-four (24) programs administered by the City, the auditors identified four major programs for the audit: Emergency Solutions Grant Program ($4.0 million), Workforce Innovation and Opportunity Act (WIOA) Cluster ($2.3 million), Coronavirus Relief Fund ($31.8 million), and Emergency Rental Assistance Program ($3.4 million).
The Finance and Management Agency is pleased to report that the City received an unmodified opinion commonly known as a clean opinion; which is considered the most favorable conclusion for the audit. The unmodified opinion indicates that the City has complied, in all material respects, with the compliance requirements for the fiscal year ended June 30, 2021. However, the auditors disclosed one compliance finding related to WIOA Youth Activity program for not meeting the minimum expenditure requirements.
The noncompliance was due to various restrictions and limitations during the COVID-19 pandemic, such as closed worksites and not accepting remote work for youth. Program City Council 14 – 1 7/19/2022
Approve the recognition of revenue in the General Fund for certain unclaimed funds July 19, 2022
staff plans to restructure subrecipient agreements and encourage meeting enrollment goals to prevent future findings.
The report (Exhibit 1) is posted and available on the City’s website (https://www.santaana.org/financial-reports) along with prior fiscal years. In addition, the report has been submitted for certification as part of the Single Audit Data Collection Form process. The Single Audit Report is normally required to be submitted by March 31. However, OMB extended the deadline to September 30 to provide administrative relief to recipients of federal financial assistance impacted by COVID-19.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT
1. FY20-21 Single Audit Report
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 14 – 2 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
SINGLE AUDIT OF FEDERAL AWARDS
AND OTHER FINANCIAL INFORMATION
JUNE 30, 2021
EXHIBIT 1
City Council 14 – 3 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
June 30, 2021
TABLE OF CONTENTS
Page
Number
Independent Auditors Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1 - 2
Independent Auditors Report on Compliance for Each Major Federal Program, Report on Internal Control over Compliance, Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance, Schedule of Expenditures of State Awards Required by the State of California, and Housing Authority of the City of Santa Ana Financial Data Schedules Required by the US Department of Housing and Urban Development 3 - 5 Schedule of Expenditures of Federal Awards 6 - 9
Schedule of Expenditures of State Awards 10
Notes to the Schedules of Expenditures of Federal and State Awards 11 Housing Authority of the City of Santa Ana Financial Data Schedules:
Financial Data Schedule of Assets, Liabilities, and Equity as of June 30, 2021 12 Financial Data Schedule of Revenues, Expenses, and Changes in Equity for the Fiscal Year Ended June 30, 2021 13
Schedule of Findings and Questioned Costs 14 - 16
Summary Schedule of Prior-Year Audit Findings 17
City Council 14 – 4 7/19/2022
CLA is an independent member of Nexia International, a leading, global network of independent accounting and consulting firms. See nexia.com/member firm disclaimer for details. 1 CliftonLarsonAllen LLP
CLAconnect.com
INDEPENDENT AUDITORS REPORT ON INTERNAL CONTROL OVER
FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS
BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED
IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Honorable City Council
of the City of Santa Ana
Santa Ana, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Citys basic financial statements and have issued our report thereon dated December 8, 2021.
Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Citys internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Citys internal control. Accordingly, we do not express an opinion on the effectiveness of the Citys internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the Citys financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
City Council 14 – 5 7/19/2022
2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Citys financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Citys internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Citys internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
CliftonLarsonAllen LLP
Irvine, California
December 8, 2021
City Council 14 – 6 7/19/2022
CLA is an independent member of Nexia International, a leading, global network of independent accounting and consulting firms. See nexia.com/member firm disclaimer for details. 3 CliftonLarsonAllen LLP
CLAconnect.com
INDEPENDENT AUDITORS REPORT ON COMPLIANCE FOR EACH MAJOR
FEDERAL PROGRAM, REPORT ON INTERNAL CONTROL OVER COMPLIANCE,
REPORT ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED
BY THE UNIFORM GUIDANCE, SCHEDULE OF EXPENDITURES OF STATE
AWARDS REQUIRED BY THE STATE OF CALIFORNIA, AND HOUSING AUTHORITY
OF THE CITY OF SANTA ANA FINANCIAL DATA SCHEDULES REQUIRED BY
THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Honorable City Council
of the City of Santa Ana
Santa Ana, California
Report on Compliance for Each Major Federal Program
We have audited the City of Santa Anas (the City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Citys major federal programs for the year ended June 30, 2021. The Citys major federal programs are identified in the summary of auditors results section of the accompanying schedule of findings and questioned costs.
Managements Responsibility
Management is responsible for compliance with the federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.
Auditors Responsibility
Our responsibility is to express an opinion on compliance for each of the Citys major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the audit requirements of Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Citys compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the Citys compliance.
City Council 14 – 7 7/19/2022
4 Opinion on Each Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.
Other Matters
The results of our auditing procedures disclosed an instance of noncompliance, which is required to be reported in accordance with the Uniform Guidance and which are described in the accompanying schedule of findings and questioned costs as item 2021-001. Our opinion on each major federal program is not modified with respect to this matter.
The Citys response to the noncompliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs. The Citys response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.
Report on Internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Citys internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Citys internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.
A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. City Council 14 – 8 7/19/2022 5 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance, the Schedule of Expenditures of State Awards Required by the State of California, and the Housing Authority of the City of Santa Ana Financial Data Schedules Required by the US Department of Housing and Urban Development
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Citys basic financial statements. We issued our report thereon dated December 8, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards, the Schedule of Expenditures of State Awards, and the Housing Authority of the City of Santa Ana Financial Data Schedules are presented for purposes of additional analysis as required by the Uniform Guidance, the State of California, and the US Department of Housing and Urban Development, respectively, and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Expenditures of Federal Awards, the Schedule of Expenditures of State Awards, and the Housing Authority of the City of Santa Ana Financial Data Schedules are fairly stated in all material respects in relation to the basic financial statements as a whole.
CliftonLarsonAllen LLP
Irvine, California
June 17, 2022
City Council 14 – 9 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended June 30, 2021
Federal Grantor / Pass-Through Total Passed
Pass-Through Grantor / Entity Identifying Federal Through to Program / Cluster Title Number Expenditures Subrecipients U.S. Department of Housing and Urban Development
Direct Programs:
Community Development Block Grants - Entitlement Grants Cluster:
Community Development Block Grants N/A 7,511,180 $ 720,338 $ COVID-19 - Community Development Block Grants N/A 4,508,225 3,782,996 Neighborhood Stabilization Program 1 N/A 2,235 -
Neighborhood Stabilization Program 3 N/A 1,967 - Subtotal Community Development Block Grants - Entitlement Grants Cluster 12,023,607 4,503,334
Emergency Solutions Grant Program N/A 452,850 360,355
COVID-19 - Emergency Solutions Grant Program N/A 3,560,234 3,102,596 Subtotal Emergency Solutions Grant Program 4,013,084 3,462,951 Housing Voucher Cluster:
Section 8 Housing Choice Vouchers N/A 39,132,051 -
COVID-19 - Section 8 Housing Choice Vouchers - CARES Act N/A 1,260,045 - COVID-19 - Housing Assistance Payments - CARES Act N/A 1,127,700 - Subtotal Section 8 Housing Choice Vouchers 41,519,796 - Mainstream Vouchers N/A 1,535,620 -
COVID-19 - Mainstream Vouchers - CARES Act N/A 15,716 - Subtotal Mainstream Vouchers 1,551,336 - Subtotal Housing Voucher Cluster 43,071,132 - Family Self-Sufficiency Program N/A 71,322 -
Family Self-Sufficiency Program N/A 97,419 - Subtotal Family Self-Sufficiency Program 168,741 - HOME Investment Partnerships Program N/A 201,662 -
Total U.S. Department of Housing and Urban Development 59,478,226 7,966,285 U.S. Department of Labor Workforce Innovation and Opportunity Act (WIOA) Cluster:
Passed through CA Employment Development Department:
WIOA Adult Program AA111027 682,155 -
WIOA Dislocated Worker Formula Grants AA111027 601,790 - WIOA Dislocated Worker Formula Grants (Rapid Response) AA111027 239,472 - Subtotal WIOA Dislocated Worker Formula Grants 841,262 - WIOA Youth Activities AA011027 196,341 -
WIOA Youth Activities AA111027 561,499 345,027 Subtotal WIOA Youth Activities 757,840 345,027 (Continued)
See accompanying Notes to the Schedules of Expenditures of Federal and State Awards
14.896
14.239
17.258
17.278
17.278
17.259
17.259
14.896
14.218
14.218
14.218
14.231
14.231
14.871
14.871
14.879
14.879
14.871
Federal
14.218
Assistance
Listing
Number
6 City Council 14 – 10 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended June 30, 2021 (Continued)
Federal Grantor / Pass-Through Passed
Pass-Through Grantor / Entity Identifying Federal Through to Program / Cluster Title Number Expenditures Subrecipients Passed through County of Orange Community Resources Agency WIOA Adult Program 19-28-0070-RWS 18,686 $ - $
Passed through Goodwill Industries of Orange:
WIOA Adult Program (Veterans Employment Assistance Program) K9110010 6,837 - Subtotal Workforce Innovation and Opportunity Act (WIOA) Cluster 2,306,780 345,027 Passed through CA Employment Development Department:
WIOA National Dislocated Worker Grants 17.277 AA011027 158,358 - Total U.S. Department of Labor 2,465,138 345,027 U.S. Department of Transportation Highway Planning and Construction Cluster:
Passed through CA Department of Transportation:
National Highway Performance Program BRLS 5063(184) 597,152 - Bicycle Corridor Improvement CMAQ 5063(180) BCI 566,518 - Bicycle Corridor Improvement CMAQ 5063(181) BCI 17,546 - Bicycle Corridor Improvement CMAQ 5063(182) BCI 847,818 - Bicycle Corridor Improvement CMAQ 5063(183) BCI 906,619 - Bicycle Corridor Improvement CMAQ 5063(200) BCI 3,416 - Regional Surface Transportation Program STPL5063(176) - 10,867 Highway Safety Improvement Program HSIPL 5063(171) 142,280 - Highway Safety Improvement Program HSIPL 5063(186) 344,573 - Highway Safety Improvement Program HSIPL 5063(187) 456,795 - Highway Safety Improvement Program HSIPL 5063(188) 397,482 - Highway Safety Improvement Program HSIPL 5063(189) 7,772 - Highway Safety Improvement Program HSIPL 5063(190) 8,613 - Subtotal Highway Planning and Construction Cluster 4,307,451 - Highway Safety Cluster:
State and Community Highway Safety:
Passed through CA Office of Traffic Safety:
Selective Traffic Enforcement PT20164 186,798 -
Selective Traffic Enforcement PT21066 24,800 -
Selective Traffic Enforcement PT21189 308,590 -
Public Education on Bicycle Safety PS20034 72,386 - Subtotal State and Community Highway Safety Cluster 592,574 - Total U.S. Department of Transportation 4,900,025 -
(Continued)
See accompanying Notes to the Schedules of Expenditures of Federal and State Awards.
20.600
20.600
20.600
Assistance
Listing
Number
20.600
20.205
20.205
20.205
20.205
20.205
20.205
20.205
20.205
20.205
20.205
20.205
20.205
17.258
17.258
20.205
Federal
7 City Council 14 – 11 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended June 30, 2021 (Continued)
Federal Grantor / Pass-Through Passed
Pass-Through Grantor / Entity Identifying Federal Through to Program / Cluster Title Number Expenditures Subrecipients U.S. Department of Justice
Direct Programs:
Equitable Sharing Program (Asset Forfeiture) N/A 498,666 $ - $ Public Safety Partnership and Community Policing Grants N/A 99,372 - Body Worn Camera Policy and Implementation N/A 28,598 - COVID-19 - Coronavirus Emergency Supplemental Funding N/A 23,383 - Passed through County of Orange Sheriff's Department:
Edward Byrne Memorial Justice Assistance Grant Program:
Byrne Justice Assistance Grant 2017 2017-DJ-BX-0990 9,017 - Byrne Justice Assistance Grant 2018 2018-DJ-BX-0820 40,356 - Byrne Justice Assistance Grant 2019 2019-DJ-BX-0899 107,633 - Byrne Justice Assistance Grant 2020 2020-DJ-BX-0773 7,022 - Subtotal Edward Byrne Memorial Justice Assistance Grant Program 164,028 - Passed through Human Options:
Culturally and Linguistically Specific Services Program 2016-WE-AX-0054 104,206 - Total U.S. Department of Justice 918,253 - U.S. Department of Homeland Security Homeland Security Grant Program:
Passed through CA Office of Emergency Services:
Urban Area Security Initiative 2017 2017-00083 059-95010 291,455 293,619 Urban Area Security Initiative 2019 2019-0035 059-95010 819,858 9,829 Passed through City of Anaheim:
Urban Area Security Initiative 2018 2018-0054 512,934 - Subtotal Homeland Security Grant Program 1,624,247 303,448 Total U.S. Department of Homeland Security 1,624,247 303,448 U.S. Department of Health and Human Services
Passed through County of Orange Social Services Agency:
Temporary Assistance for Needy Families WGM0319 552,607 - U.S. Department of Treasury Direct Programs:
Equitable Sharing Program (Asset Forfeiture) N/A 179,995 - COVID-19 - Emergency Rental Assistance Program N/A 3,375,042 3,304,652 COVID-19 - Coronavirus State & Local Fiscal Recovery (ARPA) N/A 265,000 - (Continued) See accompanying Notes to the Schedules of Expenditures of Federal and State Awards
93.558
21.016
21.023
21.027
16.922
16.835
16.738
16.738
16.034
16.710
Federal
Assistance
Listing
Number
16.738
16.738
16.016
97.067
97.067
97.067
8 City Council 14 – 12 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended June 30, 2021 (Continued)
Federal Grantor / Pass-Through Passed
Pass-Through Grantor / Entity Identifying Federal Through to Program / Cluster Title Number Expenditures Subrecipients Coronavirus Relief Fund:
Passed through CA Department of Finance
COVID-19 - Coronavirus Relief Fund N/A 28,456,555 $ 1,576,258 $ Passed through County of Orange:
COVID-19 - Coronavirus Relief Fund N/A 3,393,353 - Subtotal Coronavirus Relief Fund 31,849,908 1,576,258 Total U.S. Department of Treasury 35,669,945 4,880,910
Total Expenditures of Federal Awards $ 13,495,670 105,608,441 $ See accompanying Notes to the Schedules of Expenditures of Federal and State Awards.
21.019
21.019
Number
Federal
Assistance
Listing
9 City Council 14 – 13 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of State Awards
For the Fiscal Year Ended June 30, 2021
Program State
Identification Awards
Grantor / Program Title Number Expenditures
CA Business Consumer Services and Housing Agency
Homeless Emergency Aid Program 18-HEAP-00007 2,266,783 $ Homeless Housing Assistance & Prevention COVID-19 20-HCFC-00019 1,158,916 Homeless Housing Assistance & Prevention 20-HHAP-00019 2,144,077 5,569,776
CA Department of Education
RSCCD - Strong Workforce Program DO-18-2226-01 8,955 CA Department of Housing and Community Development Affordable Housing Sustainable Communities Program 16-AHSC-11200 1,150,649 SB2 Planning Grants Program 19-PGP-13895 56,300
Local Early Action Planning Program 20-LEAP-15676 28,633 1,235,582
CA Department of Justice
Sexual Assault Evidence Grant 2019-2020-02 19,836 CA Department of Motor Vehicles SCAQMD Mobile Source Air Pollution Reduction 2015 MSRC ML14012 24,717 CA Department of Resources Recycling and Recovery
Oil Payment Program OPP6, OPP8, OPP10 12,325
Beverage Container Payment Program FY 13/14, 16/17, 17/18, 18/19 91,353 103,678
CA Department of Transportation
Active Transportation Program ATPL-5063(170) 2,505,200
Active Transportation Program ATPL-5063(172) 987,814
Active Transportation Program ATPL-5063(177) 16,877
Active Transportation Program ATPL-5063(178) 2,076,310
Active Transportation Program ATPLNI-5063(185) 14,524
Active Transportation Program - SB1 Augmentation ATPSB1L-5063(191) 215,704 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(193) 679,593 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(195) 146,832 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(196) 209,598 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(197) 410,950 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(198) 34,685 Active Transportation Program - SB1 Augmentation ATPSB1L-5063(199) 27,388 Southern California Association of Government Grant 275-4823U3.01/4823E.01 14,800 7,340,275
CA Natural Resources Agency
Urban Greening Grant Program - Proposition 84 U59151-0 2,346 Statewide Park Development & Community Revitalization C9801034 14,023 Advanced Metering Infrastructure GF1806-0 1,272,188
1,288,557
CA State Coastal Conservancy
Santa Ana River Conservancy Program 19-098 504,180 CA State Library Mobile Library Solutions Grant SVBT-026 67,647 CA Workforce Development Board Prison to Employment Program M0113404 527,078
Prison to Employment Program M0113521 508,505
1,035,583
Total Expenditures of State Awards $ 17,198,786
See accompanying Notes to the Schedules of Expenditures of Federal and State Awards. 10 City Council 14 – 14 7/19/2022
11 CITY OF SANTA ANA, CALIFORNIA
NOTES TO THE SCHEDULES OF EXPENDITURES OF FEDERAL AND STATE AWARDS FOR THE YEAR ENDED JUNE 30, 2021
1. BASIS OF PRESENTATION
The accompanying Schedules of Expenditures of Federal and State Awards (the Schedules) include the federal and state award activities of the City of Santa Ana, California (the City), under programs of the federal government and the State of California, as well as federal and state financial assistance passed through other government agencies for the year ended June 30, 2021. The information in the Schedule of Expenditures of Federal Awards (SEFA) is presented in accordance with the requirements of Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedules present only a selected portion of the operations of the City, they are not intended to, and do not, present the financial statements of the City. The Citys reporting entity is defined in Note 1 of the notes to the Citys financial statements.
2. BASIS OF ACCOUNTING
The accompanying Schedules are presented using the modified accrual basis of accounting for governmental funds and the accrual basis for proprietary funds, which is described in the Note 1 of the notes to the Citys financial statements. Such expenditures are recognized following the cost principles contained in the Uniform Guidance for all awards with the exception of Federal assistance listing number 21.019, which follows criteria determined by the Department of Treasury for allowability of costs. Under these principles, certain types of expenditures are not allowable or are limited as to reimbursement. The information in the SEFA is presented in accordance with the requirements of the Uniform Guidance. Therefore, some amounts presented in the SEFA may differ from amounts presented in, or used in the preparation of, the basic financial statements.
Pass-through entity identifying numbers are identified where available.
3. INDIRECT COST RATE
The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance.
City Council 14 – 15 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Housing Authority of the City of Santa Ana
Financial Data Schedule of Assets, Liabilities, and Equity June 30, 2021 Line Item No. Account Description
Family Self
Sufficiency
Program
Housing Choice Vouchers Mainstream Vouchers
Housing Choice Vouchers CARES ACT Mainstream Vouchers CARES ACT Emergency Housing Voucher ARPA Total Assets Current Assets: 111 Cash - Unrestricted - $ 1,944,188 $ 113,896 $ 428 $ - $ 35,600 $ 2,094,112 $ 113 Cash - Other Restricted - 564,225 117,679 - 4,852 155,750 842,506 115 Cash - Restricted for Payment of Current Liabilities - 188,075 368 669 - - 189,112 100 Total Cash - 2,696,488 231,943 1,097 4,852 191,350 3,125,730 Receivables: 122 Accounts Receivable - HUD Other Projects - 161,660 - - - - 161,660 125 Accounts Receivable - Miscellaneous - - - - - - 128 Fraud Recovery - 13,976 - - - - 13,976 128.1 Allowance for Doubtful Accounts - Fraud - (5,031) - - - - (5,031) 129 Accrued Interest Receivable - - - - - - 120 Total Receivables, Net of Allowances for Doubtful Accounts - 170,605 - - - - 170,605 142 Prepaid Expenses and Other Assets - 20,683 - 20,683 150 Total Current Assets - 2,887,776 231,943 1,097 4,852 191,350 3,317,018 Noncurrent Assets: Fixed Assets: 164 Furniture, Equipment & Machinery - Administration - - - - - - - 166 Accumulated Depreciation - - - - - - - 160 Total Fixed Assets, Net of Accumulated Depreciation - - - - - - - 174 Other Assets - - - - - - - 180 Total Non-Current Assets - - - - - - - 290 Total Assets and Deferred Outflows of Resources - $ 2,887,776 $ 231,943 $ 1,097 $ 4,852 $ 191,350 $ 3,317,018 $ Liabilities and Equity Liabilities: 312 Accounts Payable - HUD PHA Programs <=90 days $ - $ 92,509 $ 368 $ 669 $ - $ - 93,546 $ 322 Accrued Compensated Absences - Current Portion - 25,871 - - - - 25,871 331 Accounts Payable - HUD PHA Programs - - - - - - - 342 Deferred Revenues - 8,945 - 428 4,852 155,750 169,975 345 Other Current Liabilities - 188,075 - - - - 188,075 346 Accrued Liabilities - Other - - - - - - - 310 Total Current Liabilities - 315,400 368 1,097 4,852 155,750 477,467 Noncurrent Liabilities: 353 Noncurrent Liabilities - Other - 564,225 - 564,225 354 Accrued Compensated Absences - Non Current - 77,613 - 77,613 350 Total Noncurrent Liabilities - 641,838 - - - - 641,838 300 Total Liabilities - 957,238 368 1,097 4,852 155,750 1,119,305 Equity: 509.3 Restricted Fund Balance - - 117,680 - - - 117,680 511.3 Assigned Fund Balance - 1,930,538 113,895 - - 35,600 2,080,033 513 Total Equity - Net Assets/Position - 1,930,538 231,575 - - 35,600 2,197,713 600 Total Liabilities, Deferred Inflows of Resources and Equity - Net Assets/Position $ 2,887,776 - $ 231,943 $ 1,097 $ 4,852 $ 191,350 $ 3,317,018 $ 12 City Council 14 – 16 7/19/2022
CITY OF SANTA ANA, CALIFORNIA
Housing Authority of the City of Santa Ana
Financial Data Schedule of Revenues, Expenses, and Changes in Equity For the Fiscal Year Ended June 30, 2021 Line Item No. Account Description Family Self
Sufficiency
Program
Housing Choice Vouchers Mainstream Vouchers
Housing Choice Vouchers CARES ACT Mainstream Vouchers CARES ACT Emergency Housing Voucher ARPA Total Revenues 70600 HUD PHA Operating Grants 168,741 $ 39,086,743 $ 1,733,990 $ 2,387,745 $ 15,716 $ 35,600 $ 43,428,535 $ 71100 Investment Income - Unrestricted - ADMIN - 349 20 - - - 369 71400 Fraud Recovery - 12,738 - - - - 12,738
71500 Other Revenue - 55,336 - - - - 55,336
72000 Investment Income - Restricted - HAP - - - - - - - 70000 Total Revenue 168,741 39,155,166 1,734,010 2,387,745 15,716 35,600 43,496,978 Expenses Administrative: 91100 Administrative Salaries - 389,083 4,359 662,253 9,619 - 1,065,314 91200 Auditing Fees - 18,247 222 13 - - 18,482
91400 Advertising and Marketing - 2,466 - 7,980 - - 10,446 91500 Employee Benefit Contributions - Administrative - 216,913 1,956 356,026 4,611 - 579,506 91600 Other Operating - Administrative 4,581 459,695 369 168,552 614 - 633,811 91800 Travel, Training & Transportation - - - - - - - 91810 Allocated Overhead - 35,562 312 54,346 795 - 91,015 91900 Other - 2,325 - 10,875 - - 13,200 91000 Total Operating - Administrative Expenses 4,581 1,124,291 7,218 1,260,045 15,639 - 2,411,774 Tenant Services: 92100 Tenant Services - Salaries 89,636 - - - - - 89,636 92300 Employee Benefit Contributions - Tenant Services 74,524 - - - - - 74,524 92500 Total Tenant Services 164,160 - - - - - 164,160 General Expenses: 96140 All Other Insurance - - - - - - - 96200 Other General Expenses - 696,271 - - 77 - 696,348 96210 Compensated Absences - - - - - - - 96000 Total Operating - General Expenses - 696,271 - - 77 - 696,348 96900 Total Operating Expenses 168,741 1,820,562 7,218 1,260,045 15,716 - 3,272,282 97000 Excess Operating Revenue over Operating Expenses - 37,334,604 1,726,792 1,127,700 - 35,600 40,224,696 97300 Housing Assistance Payments - 37,313,022 1,528,402 1,127,700 - - 39,969,124 97350 HA Portability-In - 26,981 - - - - 26,981 90000 Total Expenses 168,741 39,160,565 1,535,620 2,387,745 15,716 - 43,268,387 10093 Transfers between Program & Project-In - - - - - - - 10094 Transfers between Program & Project-Out - - - - - - - 10000 Excess (Deficiency) of Operating Revenues Over (Under) Expenses $ (5,399) - $ 198,390 $ - $ - $ 35,600 $ 228,591 $ Memo Account Information: 11030 Beginning Equity - 1,935,937 33,185 - - - 1,969,122 11040 Prior period Adjustments and Equity Transfers - - - - - - - 11050 Changes in Compensated Absence Balance - - - - - - - 11200 Unit Months Available - 32,388 2,064 - - - 34,452 11210 Number of Unit Months Leased - 31,673 1,095 - - - 32,768 11170 Administrative Fee Equity - 1,930,538 113,895 - - 35,600 2,080,033 11180 Housing Assistance Payments Equity - - 117,680 - - - 117,680 Line 11170 & 11180 - 1,930,538 231,575 - - 35,600 $ 2,197,713 Line 513 - 1,930,538 231,575 - - 35,600
$ - - $ - $ - $ - $ - $
13 City Council 14 – 17 7/19/2022
14 CITY OF SANTA ANA, CALIFORNIA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2021
Section I Summary of Auditors Results
Financial Statements
1. Type of auditors report issued: Unmodified
2. Internal control over financial reporting:
Material weakness(es) identified? yes x no
Significant deficiency(ies) identified? yes x none reported
3. Noncompliance material to financial
statements noted? yes x no
Federal Awards
1. Internal control over major federal programs:
Material weakness(es) identified? yes x no
Significant deficiency(ies) identified? yes x none reported
2. Type of auditors report issued on
compliance for major federal programs: Unmodified
3. Any audit findings disclosed that are
required to be reported in accordance
with 2 CFR 200.516(a)? x yes no
Identification of Major Federal Programs
Assistance Listings Number(s) Name of Federal Program or Cluster
14.231 Emergency Solutions Grant Program
17.258, 17.278, 17.259 WIOA Cluster
21.019 Coronavirus Relief Fund
21.023 Emergency Rental Assistance Program
Dollar threshold used to distinguish between
Type A and Type B programs: $ 3,000,000
Auditee qualified as low-risk auditee? x yes no
City Council 14 – 18 7/19/2022
15 CITY OF SANTA ANA, CALIFORNIA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
(CONTINUED)
FOR THE YEAR ENDED JUNE 30, 2021
Section II Financial Statement Findings
Our audit did not disclose any matters required to be reported in accordance with Government Auditing Standards. Section III Findings and Questioned Costs Major Federal Programs 2021-001
Federal agency: U.S. Department of Labor (DOL)
Federal program title: WIOA Youth Activities
Federal Assistance Listing Number: 17.259
Award Period: April 10, 2020 through March 31, 2022
Type of Finding:
Other Matter
Criteria or specific requirement: In accordance with (Section 129(c)(4)), WIOA, 128 Stat. 1510), Not less than 20 percent of Youth Activity funds allocated to the local area, except for the local area expenditures for administration, must be used to provide paid and unpaid work experiences.
Condition: Total WIOA Youth Activities expenditures used to provide paid and unpaid work experiences was less than 20% of total WIOA Youth Activities expenditures less administrative expenditures.
Questioned costs: None
Context: As of June 30, 2021, approximately only 17% of WIOA Youth Activities expenditures had been expended to provide paid and unpaid work experiences.
Cause: Due to COVID-19 restrictions, planned work experience opportunities could not be completed.
Effect: The City's expended less than the amount required to meet earmarking requirements for the WIOA Youth Activities grant.
City Council 14 – 19 7/19/2022
16 CITY OF SANTA ANA, CALIFORNIA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
(CONTINUED)
FOR THE YEAR ENDED JUNE 30, 2021
2021-001 (Continued)
Recommendation: We recommend the City adjust budgeted expenditure levels of nonwork experience WIOA Youth Activities expenditures whenever conditions exist where they do not expect to expend up to budgeted work experience amounts.
Views of responsible officials and planned corrective actions:
Due to the varying COVID-19 pandemic restrictions and limitations, the program was not able to meet the 20% minimum funding for paid and unpaid work experiences. Worksites were either closed or not accepting remote work for youth. This has continued to be a challenge for the program year 2021-22.
In order to prevent future findings, program staff are restructuring subrecipient agreements to include increasing the percentage of expenditure for work experience to be greater than 20% and to encourage meeting enrollment goals in the beginning of Q2 so that the youth can begin their work experience earlier in the contract year. These changes in the subrecipient agreements will also include corrective action plans for subrecipients that do not meet minimum requirements set forth by the City. Program staff will monitor these metrics once they are in place in order to ensure compliance with programmatic requirements.
City Council 14 – 20 7/19/2022
17 CITY OF SANTA ANA, CALIFORNIA
SUMMARY SCHEDULE OF PRIOR-YEAR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2021
Section I Financial Statement Findings
None noted.
Section II Findings and Questioned Costs Major Federal Programs None noted.
City Council 14 – 21 7/19/2022
City Council 14 – 22 7/19/2022
Information Technology
www.santa-ana.org/departments/information-technology/
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment
AGENDA TITLE:
Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment in an Annual Aggregate Amount Not to Exceed $1,200,000 (Specification No. 18-074)
RECOMMENDED ACTION
Amend the contracts for desktop computers, laptops, mobile devices, and related equipment to increase the annual agreement amount by an additional $600,000, for a revised annual aggregate amount not to exceed $1,200,000, for the remainder of the current one-year period and the remaining optional one-year renewal, if exercised, subject to non-substantive changes approved by the City Manager and City Attorney, with the following vendors:
Vendor Location
2 nd Gear, LLC Costa Mesa, CA
Dell Computer Corp. Austin, TX
DISCUSSION
On November 20, 2018, at the conclusion of a competitive bidding process, the City entered into one-year aggregate agreements with 2nd Gear, LLC and Dell Computer Corp. (Dell), with provisions for four one-year renewal options. The purpose of these agreements was to provide Dell desktop computers, laptops, mobile tablets, and related equipment to the City. These original contracts were awarded in an annual aggregate amount not to exceed $400,000 and the first renewal option has been exercised.
On May 5, 2020, the City Council approved an amendment to increase the annual amount of the blanket orders contract by $200,000 to an annual amount of $600,000 in order to accommodate planned upgrades and additional orders due to COVID-19 needs.
City Council 15 – 1 7/19/2022
Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment
July 19, 2022
On August 18, 2020, the City Council approved a second amendment to increase the annual amount of the blanket orders contract by $600,000 to an annual amount of $1,200,000 for two (2) of the four (4) remaining years in order to accommodate the additional demand for computing equipment. However, the annual remained at the $600,000 for last two optional years remaining in the agreement. However, the demand to purchase new technology to support a variety of initiatives, including ARPA purchases, has caused this year’s not-to-exceed amount to be reached much faster than anticipated.
To meet this increased demand and still allow for new technology purchases, staff requests an increase to the not-to-exceed amount for the current contract year as well as for the one remaining year’s optional renewal.
Dell computers have been the standard for desktop and laptop computers for the City since 2007 when they were selected after comparing their offerings to other competitors.
Standardizing equipment provides the benefits for next-generation office environments while simplifying technical support issues, so it is essential to maintain staff computer equipment. Computers, laptops, and mobile devices are purchased and deployed on an as-needed basis by the Information Technology Department, preventing a proliferation of aging, obsolete, out-of-warranty, unsupported, and incompatible systems.
Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi-State Cooperative Agreements for Commodities, IT Goods and Services, and Telecommunication Goods and Services.
WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of goods and services. Dell is a manufacturer that offers WSCA pricing.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for the duration of the contract period will be included in the Miscellaneous Operating Expense account (no. 63001) of various departments.
Not-to-exceed amounts for each remaining year of the blanket agreements would be as follows:
Agreement Term Not-To-Exceed Amount
November 2021 – November 2022 $1,200,000
November 2022 – November 2023 (Optional) $1,200,000
Submitted By: Jack Ciulla, Chief Technology Innovations Officer City Council 15 – 2 7/19/2022
Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment
July 19, 2022
Approved By: Kristine Ridge, City Manager
City Council 15 – 3 7/19/2022
Police Department
www.santa-ana.org/departments/police/
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Award Purchase Order for Security Cameras and Accessories AGENDA TITLE:
Award Purchase Order to Sandoval Custom Creations Incorporated for Security Cameras and Accessories in the Amount of $137,473 (Specification No. 22-038) (Cannabis Enforcement Fund)
RECOMMENDED ACTION
Authorize a one-time purchase of security cameras and accessories from Sandoval Custom Creations Incorporated in the amount of $137,473, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City Attorney’s Office, Code Enforcement, Public Works, and Law Enforcement personnel each play a vital role when addressing community and City Council complaints regarding City codes and ordinances violations. Oftentimes, these violations involve public nuisances and activities that are detrimental to the health and safety of the community. The use of these security cameras will enable city personnel to monitor the alleged community complaints regarding illegal cannabis activity, illicit massage parlors, graffiti, street racing, narcotic houses, illegal dumping of trash, and other chronic public nuisances locations. Having the ability to accurately see the alleged activity with the security cameras allows the City to properly address the violations through potential criminal enforcement and through highly effective civil abatement proceedings. This purchase is for 20 cameras and accessories, which will ensure that all departments will be able to address the specific issues, and the Police Department already has the necessary training to install the equipment. These cameras are specifically designed so they can be installed and removed from various locations as part of any on-going investigation.
An Invitation for Bid (IFB) was advertised on March 2, 2022 on the City’s online bid and management publication system. A summary of the bid invitation and bids received is as follows:
City Council 16 – 1 7/19/2022
Award Purchase Order for Security Cameras and Accessories July 19, 2022
244 Vendors notified
7 Santa Ana vendors notified
52 Vendors downloaded the bid packet
1 Bid received
0 Bids received from Santa Ana vendors
The bid was received and opened on March 15, 2022, and the bid submitted by Sandoval Custom Creations Incorporated located in Palmer Lake, Colorado was determined to be responsive and meets the City’s requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $137,473 are available for expenditure in the current fiscal year as follows:
Fiscal Year Accounting Unit
- Account # Fund Description Accounting Unit, Account Description Amount FY 22-23 01214010-63001 Cannabis Public
Benefit Fund
Police Enforcement
Services, Miscellaneous
Operating Expenses
$137,473
These funds are available through “Cannabis Enforcement Funding” SAMC Chapter 13- 202, “Enforcement Services any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community.”
EXHIBIT(S)
1. Article XX. Cannabis Public Benefit Fund
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 16 – 2 7/19/2022
PART II ‐ THE CODE
Chapter 13 ‐ FUNDS
ARTICLE XX. CANNABIS PUBLIC BENEFIT FUND
Santa Ana, California, Code of Ordinances Created: 2021‐07‐14 10:10:33 [EST] (Supp. No. 25)
ARTICLE XX. CANNABIS PUBLIC BENEFIT FUND
Sec. 13‐200. Establishment of the fund.
There is hereby established within the City of Santa Ana the "Cannabis Public Benefit Fund," which shall be two sub‐funds, one for Enforcement Services and one for Youth Services, within the City's General Fund (the "Cannabis Fund").
(Ord. No. NS‐2959 , § 1, 12‐4‐18)
Sec. 13‐201. Purpose.
The Cannabis Fund shall be used to fund new or additional Youth Services, as of the date of the fund creation, for City of Santa Ana residents. The Cannabis Fund shall not be used to supplement existing Youth Services. The Cannabis Fund shall also be used to fund community enforcement and code enforcement.
(Ord. No. NS‐2959 , § 1, 12‐4‐18)
Sec. 13‐202. Definitions.
For the purposes of this Article, the following words and phrases shall be construed as having the following definitions:
Adult Use shall have the same meaning as that set forth in Santa Ana Municipal Code ("SAMC") section 40‐2(2) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or cannabis products that are intended to be used for non‐medicinal purposes by a person twenty‐one (21) years of age or older.
Commercial Cannabis Activity shall have the same meaning as that set forth in SAMC section 40‐2(9) as may be periodically amended. At the time of adoption of this Article, meaning the cultivation, possession, manufacture, distribution, processing, storing, laboratory, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided for in this Chapter [Chapter 40]. Permitted commercial cannabis activities are listed in Land Use Table 40‐5 of this Chapter [Chapter 40].
Enforcement Services any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community.
EXHIBIT 1
City Council 16 – 3 7/19/2022
Created: 2021‐07‐14 10:10:33 [EST]
(Supp. No. 25)
Medicinal/Medical Cannabis shall have the same meaning as that set forth in SAMC section 40‐2(27) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medical cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code.
Operating Agreement shall have the same meaning as that set forth in SAMC section 40‐1C as may be periodically amended. At the time of adoption of this Article, meaning a legally binding written agreement between each commercial cannabis business operator and the City, executed by the City Manager, or his or her designee, and in a form or substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required for each location and type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business.
Youth Services means any and all services provided to residents of the City under the age of 24 for athletic, recreational, health, educational, or human services, directly by City staff or through partnerships with third parties. This may include City facility improvements, maintenance and equipment needs related to youth services. (Ord. No. NS‐2959 , § 1, 12‐4‐18)
Sec. 13‐203. Cannabis revenue funding.
A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of one‐third (⅓) of all cannabis tax revenues generated each year for Enforcement Services and one‐third (⅓) of all cannabis tax revenues generated each year for Youth Services, commencing with the Fiscal Year Budget for 2018‐20 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in these sub‐funds shall be carried over from year‐to‐year.
B. Discretionary Deposits into Cannabis Fund Not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional City Council 16 – 4 7/19/2022
Created: 2021‐07‐14 10:10:33 [EST]
(Supp. No. 25)
revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion.
C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services.
(Ord. No. NS‐2959 , § 1, 12‐4‐18)
Sec. 13‐204. Presentation to city council.
At least two times per year the City Manager shall make a presentation to the City Council and report on the revenue that has been deposited in the Cannabis Fund and expenditures from the Cannabis Fund.
(Ord. No. NS‐2959 , § 1, 12‐4‐18)
Sec. 13‐205. Procedure for amending, suspending or rescinding ordinance.
This ordinance may only be amended, suspended or rescinded by an affirmative vote of at least two‐thirds of the City Council after making findings that a structural deficit exists in the same manner as required to access the Economic Uncertainty Account as set forth in the City's Budget and Financial Policy.
(Ord. No. NS‐2959 , § 1, 12‐4‐18)
City Council 16 – 5 7/19/2022
Finance & Management Services
www.santa-ana.org/finance
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Amendment to the Online Marketplace Purchase of Goods Contract AGENDA TITLE:
Approve an Amendment to the Amazon Capital Services, Inc. Contract for the Purchase of Online Marketplace Goods for an Annual Amount Not to Exceed $400,000 per Year, for a Two-Year Term (Specification No. 19-028) (General and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase the blanket order contract with Amazon Capital Services, Inc. for an additional $300,000 per year for the period beginning July 20, 2022 and expiring June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 21, 2019, The Santa Ana City Council awarded a contract to Amazon Capital Services, Inc. for the purchases of online marketplace goods. The awarded amount was not to exceed an annual amount of $100,000 per year. Since the enactment of the contract, multiple City agencies regularly mention that Amazon can easily provide one-off items consistently at a cost effective rate. Furthermore, Amazon’s Business Prime online ordering system provides tracking and payment information for the requesting agency and spend analysis reports for buyers.
Over the past three years, the utilization of the Amazon ordering system has significantly reduced non-Public Works related services and goods, and has created efficiencies within departments to secure their orders at a much quicker pace. Currently, there are over 20,000 vendors located within Orange County selling on Amazon with 840 of them in Santa Ana. Amazon has also created a campaign to highlight Santa Ana vendors as a first choice option, then Orange County vendors as a second choice, followed by various sellers while departments search for their items.
Additionally, with the implementation of the City’s Amazon Business Prime account in 2019, orders have steadily increased due to the vast assortment of one-off items that Amazon routinely provides. Therefore, staff recommends amending the contract to increase the contract amount by $300,000 per year.
City Council 17 – 1 7/19/2022
Amendment to the Online Marketplace Purchase of Goods Contract July 19, 2022
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for the duration of the contract period, an amount not to exceed $400,000 annually, will be budgeted in various departmental Miscellaneous Operating Expense account (no.63001).
Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Kristine Ridge, City Manager
City Council 17 – 2 7/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Santa Anita Park Synthetic Turf Replacement
AGENDA TITLE
Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19-7527) (Non-General Fund)
RECOMMENDED ACTION
Authorize a purchase order to FieldTurf USA, in the amount of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and maintain it for eight years beginning upon completion of the turf installation, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The existing sports field at Santa Anita Park (Exhibit 1) is a grass field. To maintain the integrity of the field, the Parks, Recreation and Community Services Agency (PRCSA) must regulate its use. With the lack of sports fields in the city, the installation of sturdy synthetic turf will help increase the amount of play on the field and enable PRCSA to maximizing its availability to the community. The project involves preparing the field, installation of the turf, training for the upkeep of the field, and access to maintenance equipment.
Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) is a public agency that serves as a national municipal contracting agency to provide competitive procuring services to participating agencies. Sourcewell awarded a contract to FieldTurf USA (Sourcewell Contract #060518-FTU) as a result of open competitive bidding on behalf of its members, which includes government agencies (Exhibit 2). The awarded contract is valid through August 7, 2022, and is in accordance with the City’s existing purchasing guidelines.
In accordance with the City’s existing purchasing guidelines, staff recommends awarding a purchase order contract to FieldTurf USA for the installation and maintenance of synthetic turf at Santa Anita Park (Exhibit 3). Through this purchase order agreement the City also has the option to purchase maintenance equipment as needed.
City Council 18 – 1 7/19/2022
Field Turf Synthetic Turf Purchase Order
July 19, 2022
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
The proposed cost of the project is $568,598, which includes the purchase and installation of new synthetic turf, painting all sports lines, and an eight-year maintenance period.
Project Item Total
FieldTurf Synthetic Turf Replacement $568,598
FieldCare Maintenance Program included
TOTAL PROJECT DELIVERY COST $568,598
Funds associated with the project were originally appropriated in Fiscal Year 2021-22.
However, due to the fact that the award of the purchase order has crossed into a new fiscal year, a request to carryover funds in the account below will be submitted as part of the Citywide carryover process. The Citywide carryover request is typically presented to the City Council in September or October after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date.
Cannabis Public Benefit Funds were reallocated from the Splash Pad Project in order to fund this project, therefore funds are budgeted and available as follows:
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2022-23 01213020-66220
(21-2745)
Cannabis
Public Benefit
Fund
PRCSA Youth Services,
Improvements Other
Than Building
$568,598.00
EXHIBIT(S)
1. Location Map
2. FieldTurf Contract with Sourcewell
3. FieldTurf Proposal
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 2 7/19/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 19-7527
Santa Anita Park New Synthetic Soccer Field &
Park Improvements
Project
Location
City Council 18 – 3 7/19/2022
EXHIBIT 2
City Council 18 – 4 7/19/2022
City Council 18 – 5 7/19/2022
City Council 18 – 6 7/19/2022
City Council 18 – 7 7/19/2022
City Council 18 – 8 7/19/2022
City Council 18 – 9 7/19/2022
City Council 18 – 10 7/19/2022
City Council 18 – 11 7/19/2022
City Council 18 – 12 7/19/2022
City Council 18 – 13 7/19/2022
City Council 18 – 14 7/19/2022
City Council 18 – 15 7/19/2022
City Council 18 – 16 7/19/2022
City Council 18 – 17 7/19/2022
City Council 18 – 18 7/19/2022
City Council 18 – 19 7/19/2022
City Council 18 – 20 7/19/2022
City Council 18 – 21 7/19/2022
City Council 18 – 22 7/19/2022
City Council 18 – 23 7/19/2022
City Council 18 – 24 7/19/2022
City Council 18 – 25 7/19/2022
City Council 18 – 26 7/19/2022
City Council 18 – 27 7/19/2022
City Council 18 – 28 7/19/2022
City Council 18 – 29 7/19/2022
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com
SOURCEWELL QUOTATION
Sourcewell (Formerly NJPA) Contract # 060518-FTU CA GC LICENSE # 849044 This QUOTATION is dated this 12th day of April 2022.
Between: City of Santa Ana (The “Customer”)
20 Civic Center Plaza
Santa Ana, CA 92701
Michael Ortiz
714-615-0892
[email protected]
And: FieldTurf USA, Inc. (The “Supplier”)
175 N. Industrial Blvd. NE
Calhoun, GA 30701
Tel: (514) 340-9311
Fax: (514) 340-9374
NJPA is now called Sourcewell. FieldTurf USA, Inc. is pleased to present the following proposal based on the Sourcewell contract (formerly NJPA) pricing. Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 060518-FTU.
WHEREAS Supplier wishes to sell, supply and install via Direct Purchase under our Sourcewell Agreement: an artificial in-filled playing surface for use as an outdoor soccer field detailed below measuring approximately 85,813 sq ft. to the Customer located at Santa Anita Park – 300 S.
Figueroa, Santa Ana, CA 927020.
WHEREAS the Customer wishes to purchase same on the preliminary terms and conditions set out below;
QUOTATION DETAILS:
THE PRODUCT
The Supplier hereby agrees to sell, to supply and to install FieldTurf Vertex Prime infilled artificial soccer grass and FieldTurf VersaLush artificial landscape grass (“The Products”) for use on an outdoor field measuring approximately 85,813 sq. ft. to be installed on a suitable base constructed by others at The Site according to the City of Santa Ana Design Plans/Specs.
City Council 18 – 30 7/19/2022
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com
SUPPLY OF PRODUCT
The Supplier shall perform the work required by this Agreement as diligently and expeditiously as is consistent with the highest professional standards and the orderly progress of the work and in a good and workmanlike fashion, and subject to and in accordance with the terms and conditions hereof.
The Supplier requires a minimum of 12 weeks lead time from the acceptance of layouts and approval of all plans prior to any work commencing at the Site.
SITE PREPARATION WORK
Notwithstanding, any work regarding the base construction of the fields ensuring its planarity ready for surfacing is specifically excluded from the Supplier’s scope of work and the Sourcewell Agreement. We anticipate all base specifications from The City will be followed prior to acceptance by FieldTurf. Once the project bids and a General Contractor is selected, FieldTurf will attend all Construction Meetings necessary to insure a timely and cooperative project by all parties.
PRICE
The purchase price for the Products fully installed are below, plus any other permanent inlaid lines, logos not listed, and any other unforeseen costs.
The Purchase Price is subject to increase if affected by a tax increase, new taxes, and levies or any new legally binding imposition affecting the transaction.
Soccer Field: FieldTurf Vertex Prime 2.25” series turf:
FieldTurf / Installed 78,392 sq ft $409,990
FieldTurf CoolPlay
Midfield Logo / City of Santa Ana
8 year 3rd Party Insured Warranty
$39,196
$15,500
INCLUDED
Sourcewell Fees INCLUDED
Sales Tax on materials only (9.25%) $29,085
Bonds 1.25% $6,172
SubTotal Sourcewell Quote Soccer Field $499,943.00
City Council 18 – 31 7/19/2022
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com Soccer Field Perimeter Slope: FieldTurf VersaLush series turf :
FieldTurf VersaLush / Installed 7,421 sq ft
FieldTurf CoolPlay
$52,095
$3,710
8 year 3rd Party Insured Warranty INCLUDED
Sourcewell Fees INCLUDED
Sales Tax on materials only (9.25%) $3,613
Bonds 1.25% $742
SubTotal Sourcewell Quote Soccer Perimeter Slope $60,160.00 Maintenance Equipment GroomRight $5,500
Maintenance Equipment FieldSweep $2,995
Total Sourcewell Contract Cost Santa Anita Park: $568,598.00
The Purchase Price shall be payable to Supplier by way of wire transfer or banker’s cheque in accordance with the following payment schedule:
i) Thirty five percent (35%) of the Purchase Price due upon Customer’s execution of the Supplier’s Sales Agreement;
ii) Thirty-five percent (35%) of the Purchase Price on delivery and receipt of the components of the Product to the Site;
iii) Twenty-five percent (25%) of the Purchase Price upon completion of the work; iv) Remaining balance five percent (5%) upon the signing of the Certificate of Completion.
The Supplier will issue an invoice to Customer upon the occurrence of each of the events listed above, and payment of each invoice is due within 10 days following the date to the applicable invoice.
Any unpaid balance bears interest at a rate of 10% per year.
City Council 18 – 32 7/19/2022
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com
ACCEPTANCE
Upon the Supplier giving the Customer notice of completion of the work, the parties agree, acting reasonably, to mutually determine whether same conforms to the requirements of this Agreement and in the event the parties mutually determine that there are deficiencies, the Supplier will undertake to correct the deficiencies noted (“Acceptance”); Upon Acceptance both parties sign the Certificate of Completion in the form currently in force; The Warranty takes effect upon the signing of the Certificate of Completion.
No use whatsoever shall be made of the fields by the Customer until the Certificate of Completion is signed and delivered to Supplier.
Any such use will be deemed as Acceptance of the fields, triggering final payment and will automatically void any and all warranty of the work, subject to the reinstatement of the Warranty later at the discretion of the Supplier upon the signing of the Certificate of Completion and final payment.
The Customer shall prohibit use of the fields if the Customer alleges said fields to be incomplete or dangerous. For greater security, in the event that the Customer deems the fields to be incomplete or dangerous the Customer will immediately notify its insurers of this additional risk.
INSTALLATION
The installation of the Product shall be performed by Supplier’s designated and approved installers.
The Customer agrees to allow representatives of Supplier all necessary uninterrupted access and suitable staging area to the site for purposes of installation, and inspection. All lighting and electrical supply must be operational during the installation process.
Minimum staging area required is 9,625 square feet and no more than 100 feet from the fields.
Minimum access should be 15 feet wide by 15 feet high. A 25 feet wide by 25 feet long hard or paved surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of in-fill material. Access to any fields will include suitable bridging by the Customer over the field curbs from the staging area to permit suitable access to the field by low clearance vehicles.
Force Majeure. No Party shall be liable for delay or failure to perform under this Agreement if such delay or failure is due to any contingency beyond its reasonable control, including acts of God, war, explosion, fire, flood or civil disturbance or labor actions, disputes and disruptions by the employees or sub-trades of either Party hereto or delay or destruction caused by public carrier.
In addition to force majeure, the parties recognize that in certain cases severe weather while not constituting force majeure could delay the installation process of the work contemplated under this agreement.
City Council 18 – 33 7/19/2022
7445 Côte-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com The Supplier shall not be responsible for any acts of violence or vandalism. The Customer holds Supplier harmless and indemnifies the Supplier from vandalism and acts of violence regarding the present project.
The Customer understands that it is to its benefit and therefore undertakes to accept and store for the length of the warranty period, the remaining synthetic turf left over from the project in case of need.
THIS QUOTATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SUPPLIER’S
STANDARD SOURCEWELL AGREEMENT WHICH SHALL PREVAIL OVER THIS QUOTATION, AND BE SUBJECT TO CHANGE WITHOUT NOTICE FROM TIME TO TIME.
THIS QUOTATION IS OPEN FOR ACCEPTANCE FOR A PERIOD OF 60 DAYS, AFTER WHICH TIME, IF NOT ACCEPTED, IT WILL BE NULL AND VOID.
FOR QUESTIONS, PLEASE CONTACT YOUR FIELDTURF REPRESENTATIVE IN SOUTHERN CALIFORNIA; TIM COURY BY TELEPHONE (760) 310-2139,
EMAIL [email protected]
ACCEPTED QUOTATIONS, DULY SIGNED SHALL BE SENT TO:
1- FIELDTURF USA, INC. 825 DeWitt Ave, Encinitas, CA 92024, TELEPHONE (760) 310-239, FAX (760) 632-0906 EMAIL [email protected]
ATTENTION: Tim Coury, Regional VP Sales
READ, AGREED, AND ACCEPTED
Per:____________________________________ Date:______________________________ City Council 18 – 34 7/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Santa Anita Park Field and Park Improvements
AGENDA TITLE
Approve Appropriation Adjustments and Award a Construction Contract to Byrom-Davey Inc. in the Amount of $7,317,701 for the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23 Project with an Estimated Project Delivery Cost of $9,513,011.30 (Project Nos. 19-7527, 20-2745) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an Appropriation Adjustment recognizing revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes)
2. Approve an Appropriation Adjustment recognizing the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants revenue account and appropriating the same amount into the 2018 Parks Bond Act-Per Capital Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes)
3. Award a construction contract to Byrom-Davey Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $7,317,701 for construction of the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23, for the term beginning July 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,513,011.30, which includes $7,317,701.00 for the construction contract, $731,770.10 for contract administration, inspection and testing, and a $1,463,540.20 project contingency for unanticipated or unforeseen work.
5. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to modify and combine all Santa Anita Park Improvement Projects.
City Council 19 – 1 7/19/2022
Award Construction Contract to Byrom-Davey Inc.
July 19, 2022
DISCUSSION
Santa Anita Park was developed and added to the park system in 1970. Since then it has remained largely unchanged. This very comprehensive project will enable a total park renovation that includes a new synthetic turf soccer field, new sports lighting, regrading of the adjacent grass slopes to incorporate built-in concrete bleacher seating, upper terraces to allow for group or event canopies, a new basketball court, new play equipment, a parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation (Exhibit 1).
In addition, staff is currently awaiting an anticipated $5 million of American Rescue Plan Act of 2021 (ARPA) federal funds for these park improvements, pending Council approval. The additional funds will permit the hiring of a Design-Build architecture firm to assist with the demolition and reconstruction of the deteriorating Santa Anita Community Center facility.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on March 14 and March 21, of 2022.
The project was also advertised on PlanetBids from March 14, 2022, through April 18, 2022, and bids were received electronically via PlanetBids on April 18, 2022.
The City notified a total of 1,351 regional vendors via PlanetBids, 79 of which are Santa Ana-based. Ninety-five vendors requested bidding documents. A total of four bids were received, including one from a Santa Ana contractor.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Byrom-Davey Inc. San Diego $7,317,701.00
2 Ohno Construction Company Fontana $7,790,000.00
3 MMC, Inc. La Palma $7,988,301.00
4 Archico Design Build Inc. Santa Ana $8,427,886.89
A total of four bids were received, and all were deemed responsive. Byrom-Davey Inc. submitted the lowest responsive base bid in the amount of $7,317,701.00 (Exhibit 2). In the past five years, Byrom-Davey, Inc. has not performed work for the City of Santa Ana Public Works Agency. Byrom-Davey Inc. did complete work satisfactorily in 2004. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Byrom-Davey Inc., in the amount of the base bid totaling $7,317,701.00 (Exhibit 3).
City Council 19 – 2 7/19/2022
Award Construction Contract to Byrom-Davey Inc.
July 19, 2022
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $9,513,011.30.
Project Item Total
Construction Contract $7,317,701.00
Construction Administration, Inspection, Testing $731,770.10 Contingencies $1,463,540.20
Total $9,513,011.30
Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate this project into the program.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2021-77 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $9,513,011.30, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 19-7527 is assigned to the Project Plans and Specifications, and the Notice Inviting Bids. Project Nos. 22-7536 and 21-2745 are assigned to other funding sources for tracking of all expenditures to deliver the construction of this project.
Funds associated with the project (except those included in Recommended Actions 1 and 2) were originally appropriated in Fiscal Year 2021-22, but due to the fact that the award of the contract has crossed into a new fiscal year, a request to carryover funds in the accounts below will be submitted as part of the citywide carryover process. The citywide carryover request is normally presented to the City Council in September or October, after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date. Lastly, Cannabis Public Benefit Funds were reallocated from Splash Pad Projects in order to cover the funding gap.
City Council 19 – 3 7/19/2022
Award Construction Contract to Byrom-Davey Inc.
July 19, 2022
With the approval of the following appropriation adjustments, the funds recognized will be available for delivery of this project.
1. Recognize revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue accounts (Nos. 31113002-53300 & 31413002-53300) and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account (Nos. 31113260-66220 & 31413260-66220) for FY 2022-23 capital operating expenses.
2. Recognize the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants, State GrantDirect revenue account (No. 16113002-52025) and appropriate the same amount into the 2018 Parks Bond Act-Per Capita, Improvements Other Than Building expenditure account (No. 16113269-66220) for FY 2022-23 capital operating expenses
After the appropriation adjustments, the following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
Appropriation Adjustments
2022-23 31113260-66220
(19-7527)
Acquisition
and
DevelopmentDistrict 1
Residential
Development District
1, Improvements
Other Than Building
$869,224.00
2022-23 31413260-66220
(19-7527)
Acquisition
and
DevelopmentDistrict 4
Residential
Development District
4, Improvements
Other Than Building
$570,417.00
2022-23 16113269-66220
(19-7527)
PRCSACapital Grants
2018 Park Bonds
Act-Improvements
Other Than Building
$177,952.00
Total $1,617,593.00
Existing Project Budget
2022-23 31113260-66220
(19-7527)
Acquisition
and
DevelopmentDistrict 1
Residential
Development District
1, Improvements
Other Than Building
$1,900,000.00
City Council 19 – 4 7/19/2022
Award Construction Contract to Byrom-Davey Inc.
July 19, 2022
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2022-23 16113268-66220
(19-7527)
PRCSACapital Grants
2002 Resources
Bond Act,
Improvements Other
Than Building
$1,000,000.00
2022-23 13518783-66220
(19-7527)
Community
Development
Block Grant
Community
Development Block
Grant Programs,
Improvements Other
Than Building
$511,839.49
2022-23 13518783-66220
(22-7536)
Community
Development
Block Grant
Community
Development Block
Grant programsImprovements Other
Than Building
$600,000.00
2022-23 13518783-66220
(TBD)
Community
Development
Block Grant
Community
Development Block
Grant programsImprovements Other
Than Building
$800,000.00
2022-23 01213020-66220
(21-2745)
Cannabis
Public Benefit
Fund
PRCSA Youth
ServicesImprovements Other
Than Building
$941,038.81
2022-23 01213020-66220
(21-2745)
Cannabis
Public Benefit
Fund
PRCSA Youth
ServicesImprovements Other
Than Building
$2,142,540.00
Total $7,895,418.30
Grand Total $9,513,011.30
Anticipated Additional Funding (August 16, 2022 Council Meeting) 2022-23
XXXXXXXXXXXXX
(XX-XXXX)
American
Rescue Plan
Act of 2021
(ARPA)
XXXXXXXXX $5,000,000.00
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. Capital Improvement Program Worksheet
City Council 19 – 5 7/19/2022
Award Construction Contract to Byrom-Davey Inc.
July 19, 2022
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 19 – 6 7/19/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 19-7527
Santa Anita Park New Synthetic Soccer Field &
Park Improvements
Project
Location
City Council 19 – 7 7/19/2022
Line Totals (Unit Price * Quantity)
Item Num Description U/M Quantity Unit price Extension Unit price Extension Unit price Extension Unit price Extension 1 Mobilization LS 1 $ 345,000.00 $ 345,000.00 $ 389,133.00 $ 389,133.00 $ 400,000.00 $ 400,000.00 $ 573,239.65 $ 573,239.65 2 Clearing and Grubbing SF 131250 $ 1.00 $ 131,250.00 $ 2.50 $ 328,125.00 $ 3.00 $ 393,750.00 $ 1.35 $ 177,187.50 3 Demolition LS 1 $ 391,000.00 $ 391,000.00 $ 300,000.00 $ 300,000.00 $ 100,000.00 $ 100,000.00 $ 195,128.23 $ 195,128.23 4 Unclassified Excavation CY 11943 $ 29.00 $ 346,347.00 $ 28.00 $ 334,404.00 $ 20.00 $ 238,860.00 $ 101.91 $ 1,217,111.13 5 Ashpalt Concrete Pavement TN 114 $ 210.00 $ 23,940.00 $ 230.00 $ 26,220.00 $ 300.00 $ 34,200.00 $ 150.32 $ 17,136.48 6 Cold Mill (1") SF 7700 $ 1.00 $ 7,700.00 $ 1.00 $ 7,700.00 $ 2.00 $ 15,400.00 $ 1.38 $ 10,626.00 7 Ashpalt Rubber Hot Mix (ARHM) TN 102 $ 288.00 $ 29,376.00 $ 325.00 $ 33,150.00 $ 450.00 $ 45,900.00 $ 239.49 $ 24,427.98 8 Base Course Aggregate TN 9057 $ 63.00 $ 570,591.00 $ 60.00 $ 543,420.00 $ 66.00 $ 597,762.00 $ 121.02 $ 1,096,078.14 9 Angular Modified Permeable Stone Base (4") TN 2085 $ 115.00 $ 239,775.00 $ 65.00 $ 135,525.00 $ 65.00 $ 135,525.00 $ 121.02 $ 252,326.70 10 Engineered Fill CY 580 $ 46.00 $ 26,680.00 $ 83.00 $ 48,140.00 $ 200.00 $ 116,000.00 $ 222.93 $ 129,299.40 11 PCC Driveway Approach (8") SF 380 $ 18.00 $ 6,840.00 $ 30.00 $ 11,400.00 $ 60.00 $ 22,800.00 $ 10.83 $ 4,115.40 12 PCC Gutter (6") SF 880 $ 24.00 $ 21,120.00 $ 32.00 $ 28,160.00 $ 55.00 $ 48,400.00 $ 10.83 $ 9,530.40 13 PCC Wheelchair Curb Ramp SF 185 $ 36.00 $ 6,660.00 $ 28.00 $ 5,180.00 $ 60.00 $ 11,100.00 $ 9.55 $ 1,766.75 14 PCC Walkway (6") SF 19932 $ 18.00 $ 358,776.00 $ 14.00 $ 279,048.00 $ 20.00 $ 398,640.00 $ 11.97 $ 238,586.04 15 PCC Walkway (4") SF 6870 $ 16.00 $ 109,920.00 $ 11.00 $ 75,570.00 $ 12.00 $ 82,440.00 $ 9.04 $ 62,104.80 16 PCC Ramp and Landing (10") SF 900 $ 22.00 $ 19,800.00 $ 22.00 $ 19,800.00 $ 35.00 $ 31,500.00 $ 18.47 $ 16,623.00 17 PCC Curb (Type B-1) LF 948 $ 38.00 $ 36,024.00 $ 60.00 $ 56,880.00 $ 65.00 $ 61,620.00 $ 25.48 $ 24,155.04 18 PCC Mow Strip (4") LF 400 $ 34.00 $ 13,600.00 $ 62.00 $ 24,800.00 $ 50.00 $ 20,000.00 $ 18.47 $ 7,388.00 19 Reinforced PCC Basketball Court SF 6580 $ 12.00 $ 78,960.00 $ 14.00 $ 92,120.00 $ 21.00 $ 138,180.00 $ 11.15 $ 73,367.00 20 PCC Retaining Curb (6") LF 232 $ 42.00 $ 9,744.00 $ 90.00 $ 20,880.00 $ 110.00 $ 25,520.00 $ 44.59 $ 10,344.88 21 PCC Access Ramp (10") SF 267 $ 25.00 $ 6,675.00 $ 27.00 $ 7,209.00 $ 60.00 $ 16,020.00 $ 19.11 $ 5,102.37 22 8"x 8" Concrete Header LF 440 $ 38.00 $ 16,720.00 $ 50.00 $ 22,000.00 $ 50.00 $ 22,000.00 $ 18.47 $ 8,126.80 23 Concrete Bench Paving SF 3386 $ 28.00 $ 94,808.00 $ 32.00 $ 108,352.00 $ 55.00 $ 186,230.00 $ 12.10 $ 40,970.60 24 Concrete Benches LF 570 $ 265.00 $ 151,050.00 $ 500.00 $ 285,000.00 $ 650.00 $ 370,500.00 $ 373.44 $ 212,860.80 25 Concrete Steps LF 78 $ 318.00 $ 24,804.00 $ 500.00 $ 39,000.00 $ 200.00 $ 15,600.00 $ 679.07 $ 52,967.46 26 Masonry Block Wall to Match in Kind with Existing LF 100 $ 795.00 $ 79,500.00 $ 830.00 $ 83,000.00 $ 350.00 $ 35,000.00 $ 531.69 $ 53,169.00 27 Retaining Masonry Wall (Including Footing) LF 726 $ 714.00 $ 518,364.00 $ 675.00 $ 490,050.00 $ 350.00 $ 254,100.00 $ 503.61 $ 365,620.86 28 Tubular Steel Guard Rail LF 1303 $ 213.00 $ 277,539.00 $ 155.00 $ 201,965.00 $ 150.00 $ 195,450.00 $ 68.79 $ 89,633.37 29 Tubular Steel Access Gate EA 4 $ 3,071.00 $ 12,284.00 $ 1,500.00 $ 6,000.00 $ 4,000.00 $ 16,000.00 $ 764.32 $ 3,057.28 30 Tubular Steel Double Swing Access Gate EA 1 $ 6,118.00 $ 6,118.00 $ 4,000.00 $ 4,000.00 $ 6,000.00 $ 6,000.00 $ 1,528.64 $ 1,528.64 31 Wrought Iron Fence LF 20 $ 1,009.00 $ 20,180.00 $ 700.00 $ 14,000.00 $ 1,000.00 $ 20,000.00 $ 286.62 $ 5,732.40 32 Wrought Iron Gate EA 3 $ 12,363.00 $ 37,089.00 $ 9,000.00 $ 27,000.00 $ 8,000.00 $ 24,000.00 $ 1,019.09 $ 3,057.27 33 Collapsible Bollard EA 4 $ 1,380.00 $ 5,520.00 $ 4,000.00 $ 16,000.00 $ 3,000.00 $ 12,000.00 $ 2,515.89 $ 10,063.56 34 Wheel Stops EA 52 $ 173.00 $ 8,996.00 $ 150.00 $ 7,800.00 $ 200.00 $ 10,400.00 $ 150.32 $ 7,816.64 35 12" Deep Silica Sand TN 436 $ 230.00 $ 100,280.00 $ 150.00 $ 65,400.00 $ 100.00 $ 43,600.00 $ 343.94 $ 149,957.84 36 Field Equipment Garage LS 1 $ 174,800.00 $ 174,800.00 $ 150,000.00 $ 150,000.00 $ 75,000.00 $ 75,000.00 $ 65,646.13 $ 65,646.13 37 12" RCP Storm Drain (2500-D) LF 72 $ 575.00 $ 41,400.00 $ 125.00 $ 9,000.00 $ 300.00 $ 21,600.00 $ 611.46 $ 44,025.12 38 Modified Junction Chamber Type 'D' per City Standard Plan 308A and 308B EA 1 $ 23,000.00 $ 23,000.00 $ 20,000.00 $ 20,000.00 $ 50,000.00 $ 50,000.00 $ 6,369.33 $ 6,369.33 39 WQMP Improvements LS 1 $ 46,000.00 $ 46,000.00 $ 110,000.00 $ 110,000.00 $ 50,000.00 $ 50,000.00 $ 9,299.22 $ 9,299.22 40 French Drain System LS 1 $ 92,000.00 $ 92,000.00 $ 50,000.00 $ 50,000.00 $ 200,000.00 $ 200,000.00 $ 44,585.31 $ 44,585.31 41 Synthetic Turf Drainage System LS 1 $ 241,500.00 $ 241,500.00 $ 400,000.00 $ 400,000.00 $ 150,000.00 $ 150,000.00 $ 159,233.24 $ 159,233.24 42 Walkway Lighting LS 1 $ 207,973.00 $ 207,973.00 $ 260,000.00 $ 260,000.00 $ 350,000.00 $ 350,000.00 $ 317,804.06 $ 317,804.06 43 Parking Lot Lighting LS 1 $ 107,250.00 $ 107,250.00 $ 130,000.00 $ 130,000.00 $ 200,000.00 $ 200,000.00 $ 149,806.63 $ 149,806.63 44 Basketball Court Lighting LS 1 $ 67,589.00 $ 67,589.00 $ 80,000.00 $ 80,000.00 $ 75,000.00 $ 75,000.00 $ 60,317.55 $ 60,317.55 45 Soccer Field Lighting LS 1 $ 304,641.00 $ 304,641.00 $ 400,000.00 $ 400,000.00 $ 450,000.00 $ 450,000.00 $ 413,045.92 $ 413,045.92 46 Soil Preparation & Fine Grading SF 28000 $ 0.92 $ 25,760.00 $ 1.00 $ 28,000.00 $ 1.00 $ 28,000.00 $ 0.19 $ 5,320.00 47 Tabebuia Impetiginosa (24" Tree Box) EA 7 $ 610.00 $ 4,270.00 $ 700.00 $ 4,900.00 $ 600.00 $ 4,200.00 $ 286.62 $ 2,006.34 48 Canary Island Pine (24" Tree Box) EA 36 $ 610.00 $ 21,960.00 $ 700.00 $ 25,200.00 $ 350.00 $ 12,600.00 $ 286.62 $ 10,318.32 49 Brisbane Box (24" Tree Box) EA 10 $ 610.00 $ 6,100.00 $ 700.00 $ 7,000.00 $ 350.00 $ 3,500.00 $ 286.62 $ 2,866.20 50 Date Palm (In Tree Well) EA 10 $ 7,130.00 $ 71,300.00 $ 7,800.00 $ 78,000.00 $ 5,000.00 $ 50,000.00 $ 5,095.46 $ 50,954.60 51 1 Gal. Shrubs (Lantana Montevidensis "Radiation") SF 3153 $ 1.00 $ 3,153.00 $ 2.00 $ 6,306.00 $ 5.00 $ 15,765.00 $ 1.15 $ 3,625.95 52 1 Gal. Grass (Berkley Sedge) SF 18008 $ 3.00 $ 54,024.00 $ 3.50 $ 63,028.00 $ 4.00 $ 72,032.00 $ 2.87 $ 51,682.96 53 5 Gal. Shrubs (Baccharis Pilularis) SF 1906 $ 4.00 $ 7,624.00 $ 4.50 $ 8,577.00 $ 11.00 $ 20,966.00 $ 1.15 $ 2,191.90 54 Mulch CY 260 $ 98.00 $ 25,480.00 $ 110.00 $ 28,600.00 $ 35.00 $ 9,100.00 $ 38.22 $ 9,937.20 55 60-Calendar Day L&I Maintenance Period LS 1 $ 10,335.00 $ 10,335.00 $ 1,000.00 $ 1,000.00 $ 10,000.00 $ 10,000.00 $ 3,821.60 $ 3,821.60 56 Irrigation Design/Build LS 1 $ 115,000.00 $ 115,000.00 $ 120,000.00 $ 120,000.00 $ 145,000.00 $ 145,000.00 $ 89,170.61 $ 89,170.61 57 Signing & Striping (Parking Lot) LS 1 $ 17,250.00 $ 17,250.00 $ 15,000.00 $ 15,000.00 $ 11,111.00 $ 11,111.00 $ 6,500.54 $ 6,500.54 58 Shade Structures LS 1 $ 575,000.00 $ 575,000.00 $ 530,000.00 $ 530,000.00 $ 100,000.00 $ 100,000.00 $ 400,310.00 $ 400,310.00 59 Set of Basketball Pole/Rim/Backboard EA 2 $ 13,800.00 $ 27,600.00 $ 10,000.00 $ 20,000.00 $ 30,000.00 $ 60,000.00 $ 9,553.99 $ 19,107.98 60 Plexicourt Surface System LS 1 $ 19,550.00 $ 19,550.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 89,170.61 $ 89,170.61 61 Striping (Basketball Court) LS 1 $ 2,300.00 $ 2,300.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 1,829.27 $ 1,829.27 62 Perimeter Wall Painting LS 1 $ 20,700.00 $ 20,700.00 $ 120,000.00 $ 120,000.00 $ 125,000.00 $ 125,000.00 $ 124,074.54 $ 124,074.54 63 Geotechnical Report LS 1 $ 34,500.00 $ 34,500.00 $ 50,000.00 $ 50,000.00 $ 25,000.00 $ 25,000.00 $ 10,827.86 $ 10,827.86 64 Project Advertisement Sign EA 2 $ 1,380.00 $ 2,760.00 $ 1,500.00 $ 3,000.00 $ 5,000.00 $ 10,000.00 $ 9,553.99 $ 19,107.98 65 As-Built Plans LS 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 66 Construction Permit LS 1 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 67 SWPPP (Risk Level 1) LS 1 $ 80,500.00 $ 80,500.00 $ 65,000.00 $ 65,000.00 $ 40,000.00 $ 40,000.00 $ 23,273.53 $ 23,273.53 68 Imperial Rye 90 Synthetic Turf (Terrace Area) LS 1 $ 138,000.00 $ 138,000.00 $ 130,000.00 $ 130,000.00 $ 700,000.00 $ 700,000.00 $ 305,727.81 $ 305,727.81 69 Soccer Goals EA 1 $ 13,800.00 $ 13,800.00 $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 $ 19,107.98 $ 19,107.98 70 Coast Recreation Playground Equipment LS 1 $ 299,980.00 $ 299,980.00 $ 480,000.00 $ 480,000.00 $ 400,000.00 $ 400,000.00 $ 418,176.10 $ 418,176.10 71 Pool Renovation LS 1 $ 275,600.00 $ 275,600.00 $ 190,000.00 $ 190,000.00 $ 300,000.00 $ 300,000.00 $ 314,644.87 $ 314,644.87 72 Hybrid Bermuda SF 2986 $ 2.00 $ 5,972.00 $ 3.00 $ 8,958.00 $ 5.00 $ 14,930.00 $ 1.27 $ 3,792.22 Subtotal $7,317,701.00 $7,790,000.00 $7,988,301.00 $8,427,886.89 73 * = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the “25%” limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this EA 0 $1.00 $0.00 $0.00 $0.00 $200.00 $0.00 $0.00 $0.00 74 † = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. EA 0 $1.00 $0.00 $0.00 $0.00 $200.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00
Total $7,317,701.00 $7,790,000.00 $7,988,301.00 $8,427,886.89 City of Santa Ana
Bid Results for Project Santa Anita Park New Synthetic Soccer Field and Park Improvements (Project #19-7527) Issued on 03/14/2022
Bid Due on April 18, 2022 2:00 PM (PDT)
Byrom-Davey, Inc. - Line Total Ohno Construction Company mmc, inc - Archico Design Build Inc.
City Council 19 – 8 7/19/2022
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT 19-7527
SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 21st day of June, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Byrom-Davey, Inc. (hereinafter “CONTRACTOR”).
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Anita Park New Synthetic Soccer Field & Park Improvements (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Million Three Hundred Seventeen Thousand Seven Hundred and One Dollars and No Cents ($7,317,701.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1F56F9244C62 City Council 19 – 9 7/19/2022
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1F56F9244C62 City Council 19 – 10 7/19/2022
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
ATTEST: CITY OF SANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Byrom-Davey, Inc.
By:
JOHN FUNK NAME:
Assistant City Attorney TITLE:
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1F56F9244C62 President/CEO
Steve Davey
City Council 19 – 11 7/19/2022
EXHIBIT A
City Council 19 – 12 7/19/2022
City Council 19 – 13 7/19/2022
City Council 19 – 14 7/19/2022
City Council 19 – 15 7/19/2022
7,317,701.00
City Council 19 – 16 7/19/2022
EXHIBIT 4
Construction Contract 7,317,701.00 $
Contract Administration, Inspection and Testing 731,770.10 $ Contingencies 1,463,540.20 $
TOTAL ESTIMATED CONSTRUCTION COSTS 9,513,011.30 $
CONSTRUCTION OF PROJECT NOS. 19-7527: Santa Anita Park New Synthethic Soccer Field & Park Improvements
COST ANALYSIS
City Council 19 – 17 7/19/2022
CITY OF SANTA ANA FY 22/23CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Santa Anita Park was developed and added to the park system in 1970. Since then it has remained largely unchanged. This very comprehensive project will enable a total park renovation that includes new synthetic turf soccer field, new sports lighting, regrading of the adjacent grass slopes to incorporate built-in concrete bleacher seating, upper terraces to allow for group or event canopies, new basketball court, new play equipment, parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation.
PROJECT NEED:
PRCSA regulates the amount of play on Santa Anita grass sports field in order to maintain the turf and prevent it from becoming a dirt field.
With the lack of sports fields in the City, the installation of synthetic turf will help increase the amount of play on the field. The sports field already has sports lighting and is completely fenced. The field is used for youth soccer. The perimeter of the field will be planted with drought tolerant landscaping to help reduce water usage.
PROJECT TITLE:
Santa Anita Park
Improvement Project
PROJECT CATEGORY:
Park Facility Improvements
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Parks, Rec. & Community Services Administration Mike Ortiz, Senior Civil Engineer 19-July-2022 PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 7,317,701 - - - - - -
731,770 - - - - - -
1,463,540 - - - - - -
Construction
Construction (Turf)
Construction Engineering
Contingency
Design Engineering 409,604 - - - - - -
TOTAL 10,491,213 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 27/28 FY 27/28 FY 28/29 - - - - - -
A & D Funds - - - - - -
CDBG Programs - - - - - -
TOTAL - - - - - -
- - - - - -
State Grants
Cannabis Public Benefit Funds
FY 22/23
1,177,952
3,652,393
3,339,641
10,491,213
2,321,227
568,598 - - - - - -
City Council 19 – 18 7/19/2022
Community Development Agency
www.santa-ana.org/departments/community-development/
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Street Outreach and Engagement Agreement with City Net AGENDA TITLE:
Approve an Amendment to the Agreement with City Net to Provide Street Outreach and Engagement Services and to Respond to Diverted Santa Ana Police Department Calls for Service for Quality-of-Life Services, in an Amount not to Exceed $2,483,599.59 through June 30, 2023 (Non-General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an amendment to the agreement with City Net to provide enhanced street outreach and engagement services, including diverted Santa Ana Police Department calls for service for quality-of-life services, from July 20, 2022 through June 30, 2023, in an amount not to exceed $2,483,599.59, subject to nonsubstantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute all funding agreements required by state or federal agencies for the use of funding, including Homeless Housing Assistance and Prevention (HHAP) Program and American Rescue Plan Act (ARPA).
DISCUSSION
On October 5, 2021, the City Council approved an amendment to the agreement with City Net to commence an enhanced street outreach and engagement pilot program to accept non-violent mental health or substance abuse calls for service for individuals experiencing homelessness away from the Police Department and from the mySantaAna app to their teams. The goal of this program was to transition calls to subject matter experts who are highly trained in their profession of homeless services crisis intervention, mental health, addiction, and medical services to provide the best response to those in need. The pilot program was named the Santa Ana Multi-Disciplinary Homeless Response Team (SMART).
During this pilot program, City Net provided two to three SMART outreach teams from 7 a.m. to 9 p.m., Mondays through Fridays, and one team from 9 a.m. to 9 p.m. on weekends. From December 1, 2021 to June 15, 2022, these teams delivered over 3,000 City Council 20 – 1 7/19/2022
Street Outreach and Engagement Agreement with City Net
July 19, 2022
outreach contacts and successfully exited over 500 individuals off the streets of Santa Ana. City Net teams also responded to over 4,700 dispatched calls for service from direct community calls, first responders, and the mySantaAna app. These teams also proactively outreached to over 500 contacts. The response time for City Net to respond to calls averaged 32 minutes, consistent with Priority Three and Four SAPD calls for service. The ability for City Net teams to respond to these specific calls previously handled by SAPD, and to engage with the individuals experiencing homelessness an average of 21 minutes, speaks to the success of this program. On these occasions, Quality of Life (QOLT) officers were freed up to respond to higher priority calls. At times, City Net would be able to take over certain SAPD calls in the field, also releasing officers to handle the higher-need calls. A more detailed evaluation of the data for the pilot program from December 1, 2021 to May 17, 2022 is attached as Exhibit 1.
While street outreach efforts in Santa Ana are systematic, coordinated, and comprehensive, it is important to know that it often takes many contacts in the field before an individual accepts services. This may be frustrating for community members who mistakenly assume that a call to outreach teams or SAPD correlate with the individual always going to jail or shelter. Outreach workers, including SAPD, cannot force an individual into shelter, not take an individual to jail without reason. Additionally, shelter, for some, will never be a viable option. Mental health disorders, including a lack of treatment for the most seriously mentally ill, causes the kind of delusions and irregular behavior that make living in a shelter untenable. For these individuals, it is the persistent outreach and encouragement by outreach workers that may lead to mental health or substance abuse treatment, or a permanent housing option.
To achieve the best response from outreach services, it is essential to deploy the correct street outreach team. Having the ability to deploy either SAPD or mental health homeless outreach workers, is ideal.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Upon approval, funds will be available in the following expenditure account:
Fiscal Year Accounting UnitAccount Fund Description Accounting Unit, Account Description Amount
FY 22-23
(mid-JulyJune)18118013-69135 American Rescue Plan
Act
ARPA-CDA, Payment
to Subagent $2,133,600.50
FY 22-23
(mid-JulyJune)12218716-69135 Emergency and Health
Grants
HHAP-2, Payment to
Subagent $ 349,999.08
Total $2,483,599.59
City Council 20 – 2 7/19/2022
Street Outreach and Engagement Agreement with City Net
July 19, 2022
EXHIBIT(S)
1. Evaluation of Pilot City Net SMART project
2. Agreement with City Net
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 20 – 3 7/19/2022
EVALUATION OF
SMART PILOT
PROGRAM 2022
PREPARED BY
Ken Gominsky
Terri Eggers
PRESENTED BY
Steven Mendoza
City Council 20 – 4 7/19/2022
2016
2017
2018
2019
Q
O
L
T
Qua
Of
Life
Team
The City of Santa Ana has been at the forefront of addressing homelessness in Orange County, despite being historically disadvantaged due to a lack of regional and equitable distribution of services and resources. Santa Ana has a variety of non-profit, governmental, and private agencies that provide many supportive services. The City also has the most homeless shelter beds in the county and has numerous affordable housing projects, including a number of permanent supportive housing options as a means to end homelessness. The Santa Ana Police Department (SAPD) has been assisting in connecting individuals with services for decades with their Homeless Evaluation Assessment Response Team (HEART), recognizing the value and importance of community engagement. The City has since added many new resources and has adapted its response to the changing needs and impacts of the homeless population.
OUTREACH
HISTORY
an overview
CITY OF SANTA ANA PAGE 01
As SAPD began to receive more service calls regarding homelessness, the City partnered with City Net, a non-profit providing services for individuals experiencing homelessness. Santa Ana provided City Net a small HUD grant to allow them to offer outreach, engagement, and case management services to about 400 unhoused individuals in and around the Civic Center during limited hours to connect them with emergency shelter, housing, and critical services. Over the years, their scope and outreach hours have expanded as the need for their services has increased.
City Council approved the Homeless Prevention, Intervention and Mitigation Plan to address the escalating number of individuals experiencing homelessness in Santa Ana. The City built capacity to address the issue in three ways: creating a new role for a Homeless Services Manager, adding a HEART Officer, and establishing the Quality of Life Team (QOLT).
The City was engaged in federal litigation involving the County of Orange and other cities to address homelessness preceding Federal Judge David O. Carter’s courtroom hearings, which tasked cities to create additional shelter beds. In August 2018, the City Council declared a Shelter Crisis and subsequently began providing shelter beds within the City of Santa Ana.
Clean: Reduce Negative impacts to Community ensuring Santa Ana is clean and safe Outreach: Be persistent in our contact with anyone experiencing homelessness Housing: Reduce the number of Santa Ana’s Unsheltered Homeless Communications: Have an Engaged and Informed Community Regarding Homelessness and Homeless Solutions.
The City of Santa Ana developed a 4 Point Strategic Plan regarding homelessness:
1. 2.
3. 4.
H
E
A
R
T
omeless
valuation
ssessment
esponse
eam
uality
f
ife
eam
S
M
A
R
T
anta Ana
ultidisciplinary
gency
esponse
eam
City Council 20 – 5 7/19/2022
Through learned experiences, the City of Santa Ana has realized that proactive outreach and engagement has the biggest impact on the community at large. In 2019, the City expanded City Net’s contract to include additional teams of two staff members working five days a week, from 7 a.m. to 5:30 p.m. Two days a week, City Net teamed up with SAPD to respond to calls together.
In 2020, at the height of the COVID-19 pandemic, the City began to look at outreach differently. As calls for service continued to increase, it became clear that a more persistent response to those living on the streets was needed. The City of Anaheim had recently formed a Community Care Response Team, utilizing City Net for a call center as well as in-person outreach. Anaheim 911 dispatchers diverted non-emergency, homeless-related calls to City Net, and both City Net’s in-person and phone outreach teams had expanded hours of operation. This program has been highly successful in Anaheim, and fit the bill for what Santa Ana needed. The Santa Ana City Council authorized and awarded a contract to City Net to expand their services and start a pilot program for the Santa Ana Multidisciplinary Response Team (SMART) to receive 911 dispatch calls seven days a week from 9 a.m. to 9 p.m., expand outreach hours from 7 a.m. to 9 p.m., and have teams on the streets seven days a week. SMART includes homeless services outreach case managers, a safety coordinator, and access to medical, mental, and behavioral health assistance in the field without an additional call.
Exit homeless individuals from the streets of Santa Ana.
Divert approximately 500 calls a month for non-emergency, non-violent, homeless-related services to facilitate a quick connection between individuals experiencing homelessness and appropriate services;
Provide safe COVID-19 information and interventions to vulnerable homeless neighbors.
Develop a pilot for a regional response to homelessness that connects homeless neighbors to housing solutions throughout the region, through full participation in the Orange County Continuum of Care.
SMART Pilot Program Goals:
1. 2.
3. 4.
CITY OF SANTA ANA PAGE 02
INCREASING OUTREACH
"I can’t say enough about City Net’s integrity and work ethic. They work tirelessly seven days a week to find solutions for each individual they encounter. The ability for Santa Ana to be able to dispatch either SMART or SAPD depending upon the situation provides the absolute best outcomes." - Terri Eggers, Homeless Services Manager
City Council 20 – 6 7/19/2022
6,566
Calls/Referrals
4,383
Dispatched calls
66.8%
Requests required
dispatching SMART
CITY OF SANTA ANA PAGE 03
RESULTS
calls for service
During the pilot period, SMART live dispatchers received referrals from multiple sources: SAPD and OCFA dispatchers, the mySantaAna app, and as direct calls to the City Net Outreach Line.
The City found that by inserting social services professionals into situations that previously would have been handled by police officers, the City was better able to utilize City resources. SAPD and QOLT were standing by, ready to assist on calls when additional support was needed.
With City Net taking non-emergency dispatch calls for homeless supportive services, SAPD and other emergency responders were better able to focus on public safety and respond to criminal activity.
SMART dispatchers had the flexibility to handle a call without dispatching an outreach team to the field, such as requests for services outside the scope of SMART. If someone was calling to request food, clothing, utility assistance, or had a general inquiry about homelessness, the dispatcher could provide information on those outside services without sending a team member to the site.
December 1, 2021 - May 17, 2022
How has SMART handled
calls since December 2021?
472
street exits to shelters,
permanent supportive
housing, or to family
since the launch of
SMART
"Between 2017 and 2020, the City of Santa
Ana saw an 82% increase in calls for service
related to the unhoused population, which took
away police resources from criminal activity.
The benefit of transferring an unhoused person
to the SMART program is that they’re able to
offer services such as shelter, mental health
services or any other support services they may
need."
- Gabriela Jilek, Police Communications
Supervisor
City Council 20 – 7 7/19/2022
2,887 outreach contacts
1,399 unique individuals
How many homeless individuals were contacted by SMART?
There were 2,887 street outreach contacts including 1,399 unique individuals where first name, last name, and date of birth were captured. Forty-eight (48%) percent of all contacts were unique.
The remaining 1,488 were duplicate contacts with known
individuals or contacts with individuals who declined to give their full name.
How many individuals has the City assisted off the street since the launch of SMART?
472 street exits to shelters, permanent supportive housing, or family in-state or out-of-state.
Calls received
There were 6,566 total incoming calls/app referrals to City Net SMART Dispatch. 4,383 calls resulted in SMART being dispatched to the field. Sixty-Six Percent (66%) of all incoming requests for assistance required dispatching of SMART.
CITY OF SANTA ANA PAGE 04
Initial Call Time Received
Time Call was Dispatched
Time the Responding Resource Identified they were enroute to the Call Time Resources Arrived on Scene
Completion Time
Response time to 4,383 calls was 32 minutes.
Time on Scene was 21 minutes per call.
Total Time on Call was 53 minutes per call.
Community Calls – 2,784 direct calls to City Net
dispatch (64% of all calls).
First Responders – 589 calls from SAPD resources in the field or SAPD/OCFA Dispatch Centers (13% of all calls). mySantaAna App – 570 Homeless-related app requests
were sent to City Net (13% of all calls).
Proactive Contact – 440 calls were a result of City Net staff identifying a homeless related issue (10% of all
calls).
What was SMART’s average response time to calls
received?
Response time is based on several factors. City Net utilizes a standard computer-based dispatch system which logs:
After a normalization of provided data, 4,383 unique calls were reviewed within the City Net Dispatch System.
City Net's Average:
City Net dispatched 4,383 Calls for Service to SMART. These call are broken down into four categories:
1. 2.
3. 4.
STATISTICS
Program Evaluation December 1, 2021 - May 17, 2022
"City Net’s SMART approach to homeless street
outreach has allowed all involved in this complex
issue to focus on our Department strengths and
let professionals in homeless outreach perform
the complex tasks associated with daily street
engagements with the homeless community."
- Ken Gominsky, Homeless Services Manager City Council 20 – 8 7/19/2022 SAPD Response Time Averages (Dec. 1 - May 17)
Priority 2018-2019 2019-2020 2020-2021 2021-2022
1 6m 34s 6m 07s 5m 04s 5m 25s
2 10m 70s 8m 28s 9m 43s 10m 05s
3 N/A N/A 26m 28m 16s
4 38m 22s 30m 31s 32m 07s 34m 43s
How did the SMART Pilot Program ultimately impact SAPD? During the pilot program period, overall calls for homeless-related incidents increased by 45% over the same period the year before.
The Santa Ana Police Department responded to 9,758 transient-related calls, a 1% increase over the same period, while the SMART program responded to 4,383 additional calls. This increased number of total calls was thanks in part to the City’s significant public outreach and marketing of the SMART hotline.
PAGE 05
IMPACTS
What were the Santa Ana Police Department average response times?
CITY OF SANTA ANA
"The City of Santa Ana would be lost without City Net. They spend countless hours outreaching and case managing those in most need that would take time away from officers enforcing laws if they were not around. Proof is in the amount of calls for service they handle that PD is no longer required to respond to."
- Juan Montiel, SAPD Sergeant
Goal Results
1. Exit homeless individuals from
Santa Ana streets
SMART had 2,887 street outreach contacts, including 1,399 unique individuals, resulting in 472 street exits to shelter, housing or family reunification. That equates to more than 2 individuals exiting the street daily during the pilot program.
2. Divert 500 non-emergency
homeless service calls monthly
Over 1,000 homeless-related calls were diverted monthly. SMART responded to 4,383 requests that first-responders would have had to address: 2,784 calls to City Net, 589 calls from SAPD/OCFA dispatch or officers in the field, 570 from the mySantaAna app, 440 proactive contacts by SMART.
3. COVID-19 information and
interventions for homeless
554 individuals were assisted with information on COVID-19 resources and given personal protective equipment.
4. Develop a pilot for regional
homelessness response
987 clients were enrolled in case management, entered into a countywide homeless management information system and the countywide coordinated entry system to be matched with long-term housing.
Did the SMART program achieve its goals?
Over 1,000 calls
diverted monthly,
over double the
monthly goal
City Council 20 – 9 7/19/2022
City Council 20 – 10 7/19/2022
City Council 20 – 11 7/19/2022
City Council 20 – 12 7/19/2022
City Council 20 – 13 7/19/2022
City Council 20 – 14 7/19/2022
City Council 20 – 15 7/19/2022
City Council 20 – 16 7/19/2022
City Council 20 – 17 7/19/2022
City Council 20 – 18 7/19/2022
City Council 20 – 19 7/19/2022
City Council 20 – 20 7/19/2022
City Council 20 – 21 7/19/2022
City Council 20 – 22 7/19/2022
City Council 20 – 23 7/19/2022
City Council 20 – 24 7/19/2022
City Council 20 – 25 7/19/2022
City Council 20 – 26 7/19/2022
City Council 20 – 27 7/19/2022
City Council 20 – 28 7/19/2022
City Council 20 – 29 7/19/2022
City Council 20 – 30 7/19/2022
City Council 20 – 31 7/19/2022
City Council 20 – 32 7/19/2022
City Council 20 – 33 7/19/2022
City Council 20 – 34 7/19/2022
City Council 20 – 35 7/19/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Grant Agreement for Installation of Mini Pitch Soccer Field at Cesar Chavez Campesino Park
AGENDA TITLE:
Grant Agreement with Streetfootballworld to install a Mini-Pitch Soccer Field at Cesar Chavez Campesino Park
RECOMMENDED ACTION
Authorize the City Manager to execute a Grant Agreement with Streetfootballworld for the installation of a Mini-Pitch Soccer Field at Cesar Chavez Campesino Park, valued at approximately $150,000 with no installation cost to the City, for the period July 19, 2022 through July 19, 2032, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Streetfootballworld is a nonprofit organization representing the world's largest community of organizations implementing programs in the field of football (known in the USA as soccer) and sport for good. Nearly two decades of building and implementing social impact strategies through sports—and particularly soccer—in cooperation with a wide range of partners from the soccer industry, sponsors, governments, and private partners.
The Streetfootballworld network is an initiative created by the organization to connect and empower community organizations using soccer in specific, and sport in general, as a tool to drive social impact.
Consumers enjoy PepsiCo products more than one billion times a day in more than 200 countries and territories around the world. PepsiCo generated more than $70 billion in net revenue in 2020, driven by a complementary food and beverage portfolio that includes Frito-Lay, Gatorade, Pepsi-Cola, Quaker, Tropicana, and Soda Stream. PepsiCo's product portfolio includes a wide range of enjoyable foods and beverages, including 23 brands that generate more than $1 billion each in estimated annual retail sales.
Union of European Football Foundation (UEFF) is the governing body of European football and has been supporting initiatives and programs that help children in difficult circumstances, working with numerous different partners to develop projects across Europe and beyond. The foundation aims to help children and safeguard their rights.
City Council 21 – 1 7/19/2022
Grant Agreement for Installation of a Mini-Pitch Soccer Field at Cesar Chavez Campesino Park
July 19, 2022
Sports and soccer in particular, provide support in the areas of health and children’s education, as well as promoting access to sporting activity, facilitating children’s personal development and fostering the integration of minorities.
In partnership with UEFF and Streetfootballworld, PepsiCo has launched a global initiative (Lay’s RePlay) to transform empty chip bags into sustainable artificial turf fields (AKA soccer pitches). Each field is created with a shock-absorbing layer called Ecocept™, which is formed when reclaimed chip packs are converted into rubberized pellets. Both the turf and the Ecocept™ layer are 100-percent recyclable, with each pitch producing up to 128 tons fewer greenhouse gas emissions than a standard synthetic pitch. That’s equivalent to taking up to 27 cars off the road for one whole year.
The City of Santa Ana has been selected to be part of Lay’s RePlay project. Lay’s RePlay has already installed soccer pitches in the following cities: Johannesburg, South Africa; Leicester, United Kingdom; Moscow, Russia; Istanbul, Turkey, and Sao Paulo, Brazil. The City of Santa Ana will be the first location in Northern America to have the Lay’s RePlay project soccer pitch installed. The City has selected for this facility to be installed at Cesar Chavez Campesino Park.
The following terms are incorporated into the agreement:
Installation of Soccer Pitch:
Streetfootballworld, with Greenfields, will install the soccer pitch, which will include lighting and fencing, valued at approximately $150,000. Funding is provided by Frito-Lay Trading Company and UEFA Foundation for Children. City shall not pay any amount for installation.
After installation, the City is to commit for a period of ten years to make the facility available, on mutually agreeable dates, to PureGame (an Orange County Nonprofit Youth Sports Organization) for programming.
The City will be responsible for maintenance of the facility.
Branding of Soccer Pitch:
Branding requirements will be place for a period of 10 years from the date of completion of installation.
City agrees to allow certain specified branding elements to remain permanently affixed to the facility. These branding elements include on-turf branding consisting of a center circle with the Lay’s logo and a rectangular UEFA Foundation for Children logo.
City agrees that side panels and rebound walls of the Pitch will be branded with the logos of Streetfootballworld, Lay’s RePlay, and/or UEFA Foundation for Children.
City Council 21 – 2 7/19/2022
Grant Agreement for Installation of a Mini-Pitch Soccer Field at Cesar Chavez Campesino Park
July 19, 2022
Limit on Advertising/Promotion:
For the first 12 months after completion of installation, City agrees not to promote any activities on the facility at the Park funded by commercial sponsors other than PepsiCo.
For the first ten years after completion of installation, City agrees not to promote any activities on the facility at the Park funded by any company selling packaged snacks or soft drinks.
Term:
The Grant Agreement is for a period of ten years and may be extended by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15 of the agreement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City shall not pay any amount for installation of the field. The fiscal impact associated with this action is related to the ongoing maintenance of the field, estimated at $10,000- $20,000 per year. Maintenance of the field will be performed through a combination of Park Maintenance staff and contracted services.
Funds are budgeted and made available in the following account:
Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23 01117651-
Various
General
Fund
Park Maintenance
Service Enhancement,
Various
$10,000-$20,000
Annually
EXHIBIT(S)
1. Agreement
Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 21 – 3 7/19/2022
#210221v1
GRANT AGREEMENT BETWEEN CITY OF SANTA ANA AND
STREETFOOTBALLWORLD
THIS AGREEMENT is made and entered into on this ______ day of July, 2022 by and between streetfootballworld plus GmbH, (“Grantor”) a limited liability company based in Berlin, Germany, acting as the service provider within the Lay’s RePlay project which is funded by Frito-Lay Trading Company and UEFA Foundation for Children, 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” or “Grantee”).
RECITALS
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:
A. City has been selected to be part of Lay’s RePlay project. The Lay’s RePlay project handbook 2021 is incorporated herein by reference. As part of the Lay’s RePlay project, Lay’s has partnered with the UEFA Foundation for Children to “bring football pitches to communities across the world, creating a place for them to play the world’s favorite sport;” B. Lay’s reuses empty chip bags, giving them a second life, and transforms those bags into football (i.e. soccer) pitches;
C. The RePlay project football pitch will have a net zero carbon footprint when compared to equivalent 3G installation and will include pitch contents that are 100% recyclable; D. Lay’s RePlay project has already installed football pitches in Johannesburg, South Africa; Leicester, United Kingdom; Turin, Italy and Sao Paulo, Brazil; and E. The City of Santa Ana will be the first location in Northern America to have the Lay’s RePlay project football pitch installed.
1. GRANT PROVISIONS
A. General Provisions
The Grantor and City have a mutual responsibility to exercise good faith and fairness in all dealings.
B. Installation of Football Pitch
1) Grantor, as part of the Lay’s Replay project, and working with its Lay’s Replay project partners UEFA Foundation for Children, Frito-Lay Trading Company, and TenCate Grass/GreenFields will have installed a football pitch (“Pitch”) at City’s Cesar Chavez Campesino Park (“Park”).
2) Installation of the Pitch shall also include LED lighting and fencing.
Exhibit 1
City Council 21 – 4 7/19/2022
#210221v1
3) Installation of the Pitch, LED lighting, fencing and the support of the RePlay partners through this Grant Agreement shall have a value equivalent to approximately one hundred and fifty thousand dollars ($150,000.00). The grant is funded by Frito-Lay Trading Company and UEFA Foundation for children.
4) City shall not pay any amount for installation of the Pitch. 5) Pitch will be in a location at the Park designated by City that is a minimum of 30 meters x 20 meters. Pitch specifications are outlined generally in the Lay’s RePlay Handbook 2021 attached hereto as Exhibit A. The estimated site plan overview is outlined in Exhibit B.
6) Pitch will consist of a five-sided community soccer field. 7) Grantor shall ensure that installation of Pitch conforms to all applicable federal, state and local law.
8) Grantor shall ensure that RePlay partners and/or any subcontractors installing the Pitch shall obtain all required permits and approvals.
9) Grantor shall ensure that RePlay partners and/or any subcontractors installing the Pitch shall comply with all applicable building codes.
10) Once Pitch is installed City commits for a period of ten (10) years from the date of completion of installation to make Pitch available on mutually agreeable dates and time as part of the implementation and programming run by PureGame, an Orange County non-profit youth sports organization. In the event that PureGame is no longer in existence or otherwise unable to provide programming for the Pitch, City commits to work with another mutually agreeable local non-profit organization that conducts youth sports programming. Programming by PureGame or any other local non-profit organization for the Pitch will be subject to a separate agreement between the City and PureGame or other non-profit.
11) Upon completion of installation, Pitch will be maintained in accordance with its vendor’s recommendations for user safety.
12) Upon completion of installation, payment of all subcontractors and acceptance of Pitch by City, City will become responsible for the continued maintenance of Pitch.
C. Branding of Football Pitch
1) Branding set forth in this subsection will be required for a period of ten (10) years from the date of completion of installation.
2) City agrees to allow certain specified branding elements to remain permanently affixed to the Pitch. These branding elements include on turf branding consisting of a center circle with the Lay’s logo and a rectangular UEFA Foundation for children logo. 3) City agrees to allow for the installation of four (4) fixed boards at the entrance to the Pitch. 4) City agrees that side panels and rebound walls of the Pitch will be branded with the logos of streetfootballworld, Lay’s RePlay, and/or UEFA Foundation for children. 5) The branding is outlined generally in the Lay’s RePlay Handbook 2021 attached hereto as Exhibit A.
6) Grantor and/or Lay’s RePlay partners or subcontractors shall obtain all necessary permits and approvals for signage containing branding.
7) Grantor and/or Lay’s RePlay partners may remove any branding required by this subsection at any time and for any reason during the Agreement.
Exhibit 1
City Council 21 – 5 7/19/2022
#210221v1
D. Limit on Advertising/Promotion
1) For the first twelve (12) months after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by commercial sponsors other than PepsiCo. 2) For the first ten (10) years after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by any company selling packaged snacks or soft drinks.
2. TERM
This Grant Agreement shall commence on the date first written above for a period of ten (10) years and may be extended by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
3. INDEPENDENT CONTRACTOR
Grantor and all of Grantor’s partners under Lay’s Replay project shall, during the entire term of this Agreement, be construed to be independent contractors and not an employee(s) 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 Grantor and Grantor’s partners perform the services which are the subject matter of this Grant Agreement; however, the services to be provided by Grantor and its partners shall be provided in a manner consistent with all applicable standards and regulations governing such services. Grantor and its partners 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.
4. INSURANCE
Grantor shall procure and maintain from beginning of the construction works until acceptance of the installed Pitch by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Grantor and/or any project partner(s), their agents, representatives, employees or subcontractors.
A. MINIMUM SCOPE OF INSURANCE- Coverage shall be at least as broad as:
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 aggregatelimit shall apply Exhibit 1
City Council 21 – 6 7/19/2022
#210221v1
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 nonowned autos (Code 9), with 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.
B. If the Grantor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Grantor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
C. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 Grantor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’sinsurance (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 grant agreement, the Grantor’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 self-insurance maintained by the City, its officers,officials, employees, or volunteers shall be excess of the Grantor’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- Grantor hereby grants to City a waiver of any right to subrogation, which any insurer of Grantor may acquire against the City by virtue of the payment of any loss under such insurance.
Exhibit 1
City Council 21 – 7 7/19/2022
#210221v1
Grantor agreesto 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.
D. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the City. The City may require Grantor 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 selfinsured retention may be satisfied by either the named insured or City.
E. 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.
F. Verification of Coverage- Grantor 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 all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Grantor’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.
G. 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.
H. Grantor will require all partners, subcontractors or other entities performing work pursuant to this Agreement to provide insurance coverage as required in this subsection of the Agreement.
5. PREVAILING WAGE
Grantor 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, Grantor agrees to fully comply with such Prevailing Wage Laws and Grantor agrees that all RePlay partners or subcontractors will be required to comply with all Prevailing Wage Laws. Grantor 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.
Exhibit 1
City Council 21 – 8 7/19/2022
#210221v1
6. INDEMNIFICATION
Grantor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the construction and installation services of the Pitch described in section 1 of this Agreement except that the indemnification obligation of Grantor for the maintenance of the Pitch shall cease once the ownership of the Pitch passes to the City as specified in Section1B(12) of this Agreement. Notwithstanding the foregoing, to the extent services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Grantor.
7. INTELLECTUAL PROPERTY INDEMNIFICATION
Grantor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the branding, signage or documents provided by Grantor or RePlay project partners to the City pursuant to this Agreement.
8. CONFIDENTIALITY
If Grantor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Grantor 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 Grantor disclosed in a publicly available source; (c) is in rightful possession of the Grantor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Grantor without reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Grantor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
Exhibit 1
City Council 21 – 9 7/19/2022
#210221v1
10. NON-DISCRIMINATION
Grantor 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. Grantor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Grantor, 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 Grantor. The parties agree that any terms or conditions of any document that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Grantor 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 is not embodied herein.
12. TERMINATION
This Agreement may be terminated by either Grantor or the City for good cause.
A. Good cause shall include:
1) The other Party (1) entering voluntarily into liquidation, or at any time prior to the expiration of the term of this Agreement, ceasing to carry on business for whatever reason, or (2) breach of any material term of this Agreement that is not cured within thirty (30) days of written notice of such breach by the other Party; 2) The other Party files for bankruptcy or the Party’s assets are subject to foreclosure proceedings that are not cancelled within four (4) weeks; and/or 3) There is a significant deterioration in the other Party’s financial situation.
B. Notice of termination must be made in writing to the address set forth in this Agreement.
C. City acknowledges that Grantor and the RePlay partners have invested substantial time and money in the development of Lay’s RePlay pitch. In the event that City terminates this Agreement prior to the end of the term, City understands that Grantor and its partners will in turn assess whether the investment period has reached its maturity and breakeven point, including a cost analysis. Grantor and the RePlay partners will determine whether the Pitch, its amenities, its branding, and its visible logos will remain intact in their intended form on the provided location of the Pitch or whether it would be dismantled to serve its Exhibit 1
City Council 21 – 10 7/19/2022
#210221v1
purpose elsewhere.
13. 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.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Grantor shall be responsible for obtaining and maintaining, throughout the term of this Agreement, 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 either by Grantor or by Grantor’s subcontractors. Grantor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. 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
Exhibit 1
City Council 21 – 11 7/19/2022
#210221v1
With courtesy copies to:
Executive Director, Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
To Grantor:
streetfootballworld plus GmbH
Waldenserstr. 2-4, Entrance E
10551 Berlin, Germany
Attention: Johannes Axster, Managing Director
And Agent for Service of Process:
Ms. Lillie Barret-O’Keefe
195 Plymouth Street #509
Brooklyn, NY 112201
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
17. ACCEPTANCE OF SERVICE OF PROCESS
In the event that Grantee is served with a lawsuit or to other service of process related to or regarding this Grant Agreement, Grantor agrees and specifically accepts that service of process shall be made on Grantor’s designated agent for service noted below. Grantor agrees that said agent for service is authorized to accept service of process on behalf of streetfootballworld and that streetfootballworld expressly agrees to be bound by the terms of this Agreement and to be subject to personal jurisdiction in Orange County, California, United States of America.
Agent for Service of Process: Ms. Lillie Barret- O’Keefe 195 Plymouth Street #509
Brooklyn, NY 112201
Exhibit 1
City Council 21 – 12 7/19/2022
#210221v1
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. This Agreement may be signed electronically and in counterparts with all counterparts being compiled into one original Agreement. c. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Grantor is providing services not contemplated by this Agreement. c. 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:
SONIA R. CARVALHO GRANTOR:
City Attorney
By:
Laura A. Rossini Johannes Axster
Chief Assistant City Attorney Managing Director
Streetfootballworld plus
RECOMMENDED FOR APPROVAL:
Executive Director
Parks, Recreation & Community Services Agency
Exhibit 1
City Council 21 – 13 7/19/2022
EXHIBIT A
Lay’s RePlay Handbook 2021
Exhibit 1
City Council 21 – 14 7/19/2022
1 Lay's RePlay
HANDBOOK
Exhibit 1
City Council 21 – 15 7/19/2022
2 Speaks to:
• Putting packs to good
use for the positive
power of play
Speaks to:
• Creating moments of joy
through the positive power
of football
• Reinvention and reusing
our packs
What does the
name represent?
Lay’s RePlay
Exhibit 1
City Council 21 – 16 7/19/2022
3 Lay’s RePlay project summary
In partnership with the UEFA Foundation and streetfootballworld, Lay's is bringing football pitches to communities across the world, creating a place for them to play the world's favorite sport by reusing empty crisp packs to give them a second life, transforming them into football pitches 2021 Locations and Timelines
Russia:
Moscow
Sep - Oct
2021
Turkey:
Istanbul
Oct – Nov
2021
UK:
Leicester
September
2021
South Africa:
Johannesburg
June
2021
Brazil:
São Paulo
November
1 ST 2021
UNVEIL
Exhibit 1
City Council 21 – 17 7/19/2022
4 Lay’s RePlay project componen
The Pitch
Providing sustainable infrastructure to local communities in the form of 5-a-side artificial turf pitches, made with reused chip packs and are fully recyclable at the end of their life span Programming
Working with local partners to build long-term educational sporting programmes, using the positive power of play and football to address social issues impacting local communities Important: All programming should be dedicated to >12 year olds according to PepsiCo marketing to kids guardrails, but this will be checked and reinforced according to local market regulations / internal code of conduct Exhibit 1
City Council 21 – 18 7/19/2022
5 Lay’s RePlay partners
There are a number of partners involved
with Lay's RePlay.
Each has been working hand in hand
from the outset to guarantee the
credibility and long-term impact of this
initiative, leverage each other's support
networks, find efficiencies and ensure the
best outcomes.
Local community partners
The scout
The players
The grounds people
The managers
Exhibit 1
City Council 21 – 19 7/19/2022
6 Lay’s RePlay partners
Who they are:
UEFA’s corporate and social
responsibility arm, supporting
charity football projects aimed
at helping and safeguarding
children across the globe.
How they are involved
in Lay’s RePlay:
• Lay’s has worked with UEFA
Foundation for Children on
several campaigns.
Together, they’ve given
communities across the
world access to football,
including a previous project
in the Za’atari and Azraq
refugee camps.
Who they are:
Leading international
organization that
harnesses the power of
Football For Good to
tackle social challenges.
How they are involved
in Lay’s RePlay:
• Global project enabler.
• Manage and support local
community partners with
‘on the ground’ work with
local authorities and
communities.
• Responsible for
development of long-term
commitment programs.
Who they are:
Global supplier
of artificial
football pitches.
How they are involved
in Lay’s RePlay:
• Responsible for the
delivery of the Lay’s
RePlay pitches.
Who they are:
Local charitable
organizations.
How they are involved
in Lay’s RePlay:
• Ongoing
implementation
and management
of local long- term
social impact
program.
LOCAL COMMUNITY
PARTNERS
Exhibit 1
City Council 21 – 20 7/19/2022
7 Environmental impact
and NetZero pitches
Lay’s have worked with Good Business, a sustainability
measurement and evaluation consultancy, to conduct
and analyse the environmental impact of the initiative.
Top line findings
A Lay's RePlay pitch will:
• Reduce GHG emissions
by between 62% and 65%
• Decrease microplastic
pollution by more than 99%
• Include pitch contents
that are 100% recyclable
• Have a net zero carbon footprint
Lay’s have made a NetZero commitment for all Lay’s RePlay pitches, by offsetting all carbon emissions associated with the build of the pitches
All compared to the equivalent 3G installation
Exhibit 1
City Council 21 – 21 7/19/2022
8 More than just infrastructure
SOCIAL SKILLS & SOCIETAL VALUES
Developed social skills to tackle specific
community social challenges, including
increased awareness of sustainability within
communities.
ACCESS
Increased access for all members
of communities to sustainable
spaces to play sports .The
sustainable spaces, are
affordable, accessible, and
inclusive.
INCLUSION
ENGAGEMENT
Increased social equities through football for
good programming, and increased sense of
inclusion and belonging as part of the
community.
Established collaboration frameworks
to engage communities via local
partnerships and ownership of space.
The Lay's RePlay project is multifaceted with several components. After constructing the sustainable Lay's pitch through local stakeholder and community coordination, a 12-month social cohesion programme is launched and delivered on the pitch.
The Lay’s RePlay project impact pillars are:
Exhibit 1
City Council 21 – 22 7/19/2022
9 Pitch Concept
The 5-a-side artificial turf football pitch is ideal for locations where communities have limited space to be active, participate in programmes, and enjoy the game. As a standard, a 40x20m space with buffer parameters is required; but considerations are made if the identified land size differs.
The infrastructure project involves multiple stakeholders collaborating to realise and complete the Lay’s RePlay pitch. On average, each project may take up to 8 months for completion, with the bulk of the time invested in securing land permits and fostering relationships with landowners (usually the government).
During this period, the proper infrastructure plans are already in the making; including the development of technical specifications and required materials, close coordination with the community, its role and engagement around the pitch before, during, and after completion of the construction. In parallel, chips packs collection campaigns are coordinated by the Local PepsiCo branches in different countries.
After the design process, technical details definition, and securing land and construction permits, the construction process begins.
Exhibit 1
City Council 21 – 23 7/19/2022
10 Lay's RePlay pitch construction usually is (but not exclusively) coordinated by Greenfields, a pitch construction company based in the Netherlands.
streetfootballworld and Greenfields have already worked on implementing multiple community pitches and PepsiCo
commissioned Greenfields to integrate the Lay's chips pack recycled material into the construction of Lay's RePlay pitches.
The pitch construction process is detailed on the next page.
The additional elements, including fencing, goals, and other elements will then be installed around the pitch by approved local contractors.
Pitch Construction
Exhibit 1
City Council 21 – 24 7/19/2022
11 Less weight creates
less carbon
emissions
Increased cycle of
life creates
efficiencies
Less disruption in
surrounding
neighborhoods
Better sports
performance with
less deformation
Advantages of using recycled materials
Artificial turf
How it works
Ecocept™
Made with Lay’s pellets
Subbase
Local ground material
Collection
From local waste &
recycling partnerships
Pelletization
Bags are washed,
shredded & pelletized
Finalization
Turf is laid on top of the
Ecocept
Installation
Pellets create Ecocept
layer of final pitch
Joy
Communities playing on
planet friendly pitches
Exhibit 1
City Council 21 – 25 7/19/2022
12 Branding is an integral part of the project; as such, it needs to be addressed as one of the first steps to confirm the project's feasibility in any location. As part of their role as pitch-build and community coordinators, local partners ensure that the pitch branding scheme receives the necessary permits and approvals. This is the case for the fixed branding elements (such as onturf branding and pitch boards), removable branding (such as banners, roll-ups, backdrops, and flags, among others), and the branded equipment to be used during programmes (such as kits, balls, etc.).
As part of the local coordination efforts, the partners liaise with local authorities to ensure that the proposed branding scheme is in line with the requirements and regulations in place for the identified location of intervention.
Written confirmations on the branding scheme, issued by the relevant local authorities, should be secured as one of the first steps to move forward with project implementation.
Pitch Branding Standard 0.8m
Exhibit 1
City Council 21 – 26 7/19/2022
13 Pitch Branding
Exhibit 1
City Council 21 – 27 7/19/2022
14 On-turf and pitch-side branding
The Lay’s RePlay pitches have a set
of fixed branding elements:
• on-turf: Lay’s centre circle and
UEFA Foundation rectangular
logo in proximity of the centre
line;
• pitch sides: flowing global
partners logos
• boards: name board,
sustainability board, pitch rules,
and pitch values. (following
slides)
• All assets will be provided by
PepsiCo
Exhibit 1
City Council 21 – 28 7/19/2022
15 Branding Boards
Location/Pitch Name
Name board: the name of the pitch is decided together with local partners and the community. All partner logos included Sustainability board: highlighting the pitch making process and includes logos from GreenFields, Community
programming partner and streetfootballworld
Local
partner logo
Local
partner logo
Local
partner logo
1.5m
1.3m
1.5m
1.3m
Exhibit 1
City Council 21 – 29 7/19/2022
16 Branding Boards
1.5m
1.3m
1.5m
1.3m
LOCAL PARTNER
LOGO
LOCAL PARTNER
LOGO
Can be adapted according to local organisation rules Should remain consistent across all pitches Exhibit 1
City Council 21 – 30 7/19/2022
17 Programme Kits
Lay’s RePlay branded kits and equipment will be provided to the Lay's RePlay programme participants. Quantities for each of the items will depend on programme figures provided by the local partner.
Participant kits Coach tees – local partner logo can be printed on the arm
Footballs
Exhibit 1
City Council 21 – 31 7/19/2022
18 Communication materials
All communication materials for the opening event will be produced by the local Lay’s team. All assets will follow the standardised design guidelines applicable to all locations.
Additional materials required for programming can also be requested
Exhibit 1
City Council 21 – 32 7/19/2022
19 Community Engagement
The community engagement piece is integral to pitch
development. The community is not considered a recipient but rather an essential pillar in the realisation of each pitch and the decision-making process.
The approach implemented will be participatory, by talking to community stakeholders, understanding their needs,
appreciating their contexts, and collaborating to find the optimal solutions for each. Within its partners worldwide, streetfootballworld works through local community-based organisations that are part of its network and engages its affiliate members when the community requests expertise on community engagement, sustainability, income generation, and other aspects.
In certain cases, and to gauge communities’ interest and sense of ownership, committees are set up, be it pitch advisory committees, youth committees, maintenance committees, etc.
All members are part of the community and hence, become responsible for ensuring that the pitch investment continues to be a valuable and safe space for all community members.
Photo credits: streetfotballworld
Exhibit 1
City Council 21 – 33 7/19/2022
20 The Lay's RePlay project will provide local organisations and communities worldwide with spaces to play while
supporting community programmes, thus leveraging
football's power to bring people together.
Football for good programmes target community
members and contribute toward community development
by addressing relevant issues in each location and
contributing to community cohesion.
All locations of the Lay's RePlay project will be connected by a global social impact framework that will measure the project's overall impact across the globe.
Social Impact
20 In each location, the
objectives will be measured
on key indicators relating to
each local programme's
specificity.
Exhibit 1
City Council 21 – 34 7/19/2022
21 The Pitch Opening Event
Once the pitch is built, the local Lay’s team will work together with the community to organise a pitch
inauguration event, celebrate the partnership between all involved partners who worked towards completing the
pitch-build
With the community at the core of the celebration, the
inauguration brings together community members and
young people who will primarily use the pitch, partner and stakeholder representatives, government officials,
community contributors, and the media.
Exhibit 1
City Council 21 – 35 7/19/2022
22 2021 Locations
Exhibit 1
City Council 21 – 36 7/19/2022
23 The Lay’s RePlay project partners are delivering a pitch in Sao Paolo in collaboration with local partners Fundacao EPROCAD and love.fútbol, who are working together to deliver the Lay’s RePlay pitch in Brazil.
After delivery of the Lay’s pitch, EPROCAD, based in Sao Paulo, will implement a 12-month football for good programme that aims to tackle socioeconomic disadvantages and lack of facilities for young people and their families by supporting social, emotional, and physical development through football-based sessions.
Lay’s RePlay: Sao Paulo, Braz
Exhibit 1
City Council 21 – 37 7/19/2022
24 In Moscow, the collaboration between the project partners and the city of Moscow is led by Syndrome of Love who are introduced as the Lay’s RePlay collaboration partner. For Syndrome of Love’s participants, sport is considered a tool that can create the infrastructure to allow a person with Down syndrome to be a contributing member of the community and the wider society, and will therefore implement a 12-month programme focusing on social inclusion.
Based on the community’s request, the Lay’s pitch in Moscow will turn into an Lay’s ice rink during the cold winter season, where programme participants and pitch users continue to use the pitch in extreme weather conditions.
Lay’s RePlay: Moscow, Russia
Exhibit 1
City Council 21 – 38 7/19/2022
25 In collaboration with the Municipality of Greater Istanbul, the Ruffles RePlay project will be located in Florya.
Kizlar Sahada, an organisation working to empower girls and women in Turkey, will implement a 12-month Ruffles RePlay programme focusing on sport educational activities to empower women and girls and reduce inequality in the community.
Lay’s RePlay: Istanbul, Turke
Exhibit 1
City Council 21 – 39 7/19/2022
26 In Johannesburg’s township of Tembisa, a Lay’s pitch will be open to the community for football programmes and other activities. The pitch will be part of the LED zone and connected to the ecosystem of community spaces already available on site. The land is owned by the local municipality and local partner Amandla holds a long-term lease to develop the location.
For the 12-month programme piece, Amandla will use football as a common platform to develop life skills, provide coaching and training as well as mentor young people, thus enabling them to realise their dreams and ambitions.
Lay’s RePlay: Johannesburg, S
Exhibit 1
City Council 21 – 40 7/19/2022
27 The identified location where the Lay’s pitch will be built is in New Parks in Leicester, which is very close to Beaumont Leys where the Walkers Chips factory is based. It is a strategic area for the Leicester City FC community and they already has a running programme. With the support of the Lay’s RePlay project, Leicester City in the Community will use footballbased sessions to develop youth employability skills and confidence, and promote inclusivity and pro-social behaviours .
Lay’s RePlay: Leicester, UK
Exhibit 1
City Council 21 – 41 7/19/2022
28 IS YOUR LOCATION NEXT?
Exhibit 1
City Council 21 – 42 7/19/2022
EXHIBIT B
Estimated site plan overview
Exhibit 1
City Council 21 – 43 7/19/2022
Human Resources
www.santa-ana.org/hr
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: ICRMA JPA Renewal / Broker Agreement / Associated Premiums and Costs AGENDA TITLE:
Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA) and Approve Associated Insurance Premiums, Costs, Fees and Corresponding Agreement for an amount not to exceed $10,336,300.
RECOMMENDED ACTION
1. Authorize the City Manager to approve the Agreement between the City of Santa Ana (“City”) and Arthur J. Gallagher, broker of record from July 1, 2022 to June 30, 2023, for insurance brokerage services, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to approve payment of insurance premiums and programs to Independent Cities Risk Management Authority (“ICRMA”) for excess liability, property and workers’ compensation and protection of all other City assets from July 1, 2022 to June 30, 2023
a. Excess Liability Program
b. Excess Workers’ Compensation Program
c. Auto Physical Damage Program
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
3. Authorize the City Manager to approve payment of associated ICRMA program costs including but not limited to the 2022 City facilities appraisal and employee crisis and assistance program in an amount not to exceed $185,000.
4. Authorize the City Manager to approve payment of insurance premiums to Arthur J.
Gallagher, Broker, for ancillary coverages of City’s assets from July 1, 2022 to June 30, 2023.
a. General Liability Buffer Program
City Council 22 – 1 7/19/2022
ICRMA JPA Renewal / Broker Agreement / Associated Premiums and Costs July 19, 2022