ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER S 8 AND 14 OF
THE SANTA ANA MUNICIPAL CODE TO ADOPT AND
AMEND THE MOST RECENTLY ENACTED CALIFORNIA
BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA GR EEN BUILDING STANDARDS CODE,
CALIFORNIA ELECTRICAL CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL
BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA
EXISTING BUILDING CODE, AND INTERNATIONAL
PROPERTY MAINTENANCE CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 8-43 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-43. - Adoption by reference.
There is adopted by the cit y that certain code known as the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code"), consisting of "Volume 1", "Volume 2" and the 2022 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference int o this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for t he changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre- 2022 edition of the "Building Code" shall also be construe d as amending the applicable provision of the 2022 or later edition of the building code. The building
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code, as thus amended, together with all other provisions of this article, shall be known as the city building code.
Appendices which are adopted pursuant to this section are as follows:
Appendix I, Patio Covers
Appendix J, Grading
Section 2. Section 8-93 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-93. - Reserved.
Section 3. Section 8-96 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-96. - Time limitation of application (Volume 1, Chapter 1, Division II, Section 105.3.2)
Section 105.3.2 is amended to read as a follows:
Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an applicatio n after expiration, the applicant shall resubmit plans and pay a new plan review fee.
An application for a certificate of occupancy shall be deemed to have been abandoned 12 months after the date of filing, unless the certificate of occupancy has been is sued or the building permit associated with the certificate of occupancy has not expired; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall pay a new certificate of occupancy application fee.
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Section 4. Section 8-85 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8- 85. - Seismic loads (California Existing Building Code, Chapter 5, Section 506.5.3).
Chapter 5, Section 506. 5.3 of the California Existing Building Code is amen ded by adding the following paragraph thereto:
The conversion of any portion of an existing building to residential use shall be analyzed for 75 percent of the Design Earthquake Ground motion, as defined in Section 1613.2 of the California Building Code, but in no event shall there be a reduction in the capacity of the seismic force resisting system where such system provides a greater level of protection than the minimum requirements established by this code. Performance- based engineering analysis and design procedures may be used to evaluate the existing structure and the design of strengthening elements when approved by the Building Official. All new structural elements shall meet current detailing requirements of Section 1604 of the California Building Code.
Section 5. Section 8-290 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-290. - Adoption by reference.
There is adopted by the city that certain code known as the California Plumbing Code, 2022 Edition, including the following appendices thereto:
A, B, D, I and J , (hereinafter referred to in this article as the "Plumbing Code"), together with subsequent supplements or amendme nts, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre- 2022 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code.
Section 6. Section 8-556 of the Santa Ana Mun icipal Code is hereby amended to read as follows:
Sec. 8-556. - Adoption by reference.
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There is adopted by the city that certain code known as the California Mechanical Code, 2022 edition (hereinafter referred to in this article as the "California Mech anical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards c ommission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set fort h in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre- 2022 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of t he 2022 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code.
Section 7. Section 8-667 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-667. - Adoption by reference.
There is adopted by the city that certain code known as the California Electrical Code 2022 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre- 2022 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2022 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code.
Annex which are adopted pursuant to this section are as follows:
Informative Annex A, Product Safety Standards
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Section 8. Section 8-2000 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-2000. - Adoption by reference.
There is adopted by the city that certain code known as the 2021 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk o f the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspecti on. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre-2021 edition o f the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2021 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code.
Section 9. Section 8- 2800 of the Santa Ana Municipal C ode is he reby amended to read as follows:
Sec. 8-2800. - Adoption by reference.
There is adopted by the city that certain code known as the California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the Internat ional Code Council, (hereinafter referred to in this article as the "Residential Code" or "California Residential Code"), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on t he date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the C ouncil of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential
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code, as thus amended, together with all other provisions of this article, shall be known as the city residential code.
Appendices which are adopted pursuant to this section, are as follows:
Appendix H, Patio Covers
Appendix J, Existing Buildings and Structures
Section 10. Section 8-2810 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-2810. - Climatic and Geographic Design Criteria (Table R301.2).
Table R301.2 is revised to read:
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN
SEISMIC
DESIGN
CATEGORY
f
SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMP e
ICE
BARRIER
UNDERLAY-
MENT
REQUIRED h
FLOOD
HAZARDS
g
AIR
FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed
d
(mph)
Topo-
graphic
effects k
Special
wind
regionl
Windborne
debris
zonem
Weathering
a
Frost
line
Depth
b
Termite
c
Zero 95 No No No D2 or E Negligible 12-24”
Very
Heavy 43 No
See
Exhibit B 0 60
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The j urisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2( A)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
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e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100- year return period air freezing index (BF -days) from Figure R403.3(2) or from the l00- year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structura l damage to buildings due to topographic wind speed- up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind- borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.
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o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6).
Section 11. Section 8-2900 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-2900. - Adoption by reference.
There is adopted by the city that certain code known as the California Green Building Standards Code, 2022 Edition, as published by the International Code Counci l, (hereinafter referred to in this article as the "California Green Building Standards Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection.
The Green Building Stan dards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code.
Section 12. Section 8-3000 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-3000. - Adoption by reference.
There is adopted by the city that certain code known as the California Energy Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Energy Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Sectio n 18942(d)(1) and are made available for public inspection. The California Energy Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Energy Code, as thus amended, together with all other provisions of this article, shall be known as the city Energy code.
Section 13. Article XIX of Chapter 8 of the Santa Ana Municipal Code is hereby added to read as follows:
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ARTICLE. XIX – CALIFORNIA HISTORICAL BUILDING CODE
Sec. 8-3100. - Adoption by reference.
There is adopted by the city that certain code known as the California Historical Building Code, 2022 Edition, as published by the International Code Council, (hereinafter referred to in this arti cle as the "California Historical Building Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Historical Building Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Historical Building Code, as thus amended, together with all other provisions of this article, shall be known as the city Historical Building code.
Section 14. Section 14-1 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-1. Adoption by reference.
There is adopted by the city that certain code known as the California Fire Code 2022 Edition, based on the 2021 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the “California Fire Code” or “fire code”) and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. Said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2021 and 2022 editions thereof including such provisions enacted prior to this adoption of the said 2021 and 2022 editions and not thereafter repealed. The International Fire Code, 2021 edition and the California Fire Code 2022 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana."
Section 15. Section 14-3.1 of the Santa Ana Municipal Code is hereby amended to read as follows:
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Sec. 14-3.1. - Violation penalties (Section 112.4).
Section 112.4 Violation penalties.
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(a) Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
Section 16. Section 14-22 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-22. - General requirements (Chapter 3).
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:
(a) Section 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occup ant of the premises. Vegetation clearance requirement in urban- wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C - 05 “Vegetation Management Guideline— Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
(b) Section 305.6 Hazardous Conditions is hereby added as follows:
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305.6 Hazardous co nditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:
1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.
(c) Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
(d) Section 307 OPEN BURNING, RECREATIONAL FIRES AND
PORTABLE OUTDOOR FIREPLACES is hereby added as follows:
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS,
FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES
Section 307.6 Outdoor Fireplaces, fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended solely for cooking.
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet.
Where a permanent Building Depar tment approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys
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or vents are installed, they shall have a spark arrester as defined in Section 202.
Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby amended as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures, unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.
Exceptions:
1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,
2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.
Section 307.6.2.1 Where prohibited is hereby amended as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions c ould cause the spread of fire to the WRA or WUI.
Exceptions:
1. Permanent fireplaces that are not located in a fuel modification zone
2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.
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(e) Section 324 Fuel Modification Requirements for New Construction is hereby amended as follows:
324 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C- 05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
(f) Section 325 Clearance of brush or vegetation growth from roadways is hereby amended as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private street s which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces.
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.
(g) Section 326 Unusual Circumstances is hereby amend ed as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:
1. Difficult terrain.
2. Danger of erosion.
3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plant s, rare, endangered and/or threatened species.
4. Stands or groves of trees or heritage trees.
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5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
(h) Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exception:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
(i) Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby amended as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest - or brush-covered land or non- irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting.
2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.
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3. Stop work when winds are 8 MPH during periods when
relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.
4. Keep a cell phone nearby and call 911 immediately in case of a fire.
(j) Section 327.2 Spark arresters is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Section 17. Section 14-23 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-23. - Emergency planning and preparedness (Chapter 4).
Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.
Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.
Section 18. Section 14-24 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-24. - Fire service features (Chapter 5).
Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
(a) SECTION 501.1 Scope is revised to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.”
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(b) Section 510.1 Emergency responder radio coverage is revised to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff’s Department, Communications and Technology Division guidelines and specifications and, where the functionality or perform ance requirements in the California Fire Code are more stringent, this code.
Exceptions:
1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story.
d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.
Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.
2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a
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negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.
Section 19. Section 14-30 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-30. - Fire protection and Life Safety Systems (Chapter 9).
Chapter 9 Fire protection and Life Safety Systems is adopted in its entirety with the following amendments:
(a) Section 903.2 Where required is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:
1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-
extinguishing system shall also be installed in all
occupancies when the total building area exceeds 5,000
square feet (465 m
2) as defined in Section 202, regardless of
fire areas or allowable area, or is more than two stories in height.
Exception: Subject to approval by the Fire Code Official, open parking garages in accorda nce with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.
2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or
b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or
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c. An additional story is added above the second floor regardless of fire areas or allowable area.
Exception: Group R-3 occupancies shall comply with Section 903.2.8.
(b) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.
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Ordinance No. NS-XXX
TABLE 903.3.5.3
HYDRAULICALLY CALCULATED SYSTEMS
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Section 20. Section 14-31 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-31. - Construction requirements for Existing Buildings (Chapter 11).
Chapter 11 Construction Requirements for Existing Buildings: Adopt only those sections and subsections adopted by SFM.
Section 21. Section 14-32 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-32. - Energy Systems (Chapter 12).
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.
Section 22. Section 14-34 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-34. - Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities (Chapter 28).
Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:
(a) Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6. and 105.6.29.
(b) Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all -weather surface. S ites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site.
(c) Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.
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Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:
1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.
2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.
3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.
4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.
5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.
Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.
(d) Section 2808.4 Pile Separation is hereby added as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.
(e) Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile.
Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.
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(f) Section 2808.9 Material -handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained wit h an approved spark arrester. Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.
(g) Section 2808.11 Temperature control, is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.
(h) Section 2808.11.1 Pile temperature control, is hereby added as follows:
2808.11.1 Pile temperature control. Piles shal l be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit.
(i) Section 2808.11.2 New material temperature control, is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery.
Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable.
(j) Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).
(k) Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:
1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.
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2. Material within a tipping area shall not exceed 5 feet in height at any time.
3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane.
4. A fire hydr ant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.
5. All material within a tipping area shall be processed within 5 days of receipt.
(l) Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact . The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situations
(m) Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
(n) 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push -out / Clear area Piles exceeding 20 cubic yards shall be provided with push- out areas. Push- out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.
Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
Section 23. Section 14-35 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-35. - Requirements for wildland-urban interface fire areas (Chapter 49).
Chapter 49 Requirements for Wildland -Urban Interface Fire Areas is adopted in its entirety with the following amendment:
Section 4903.3 Fuel Modification Plans is hereby added as follows:
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4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfi re risk area.
Plans shall meet the criteria set forth in OCFA Guideline C -05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 24. Section 14-36 of the Santa Ana Municipal Code is hereby deleted in its entirety and reenacted in full as follows:
Sec. 14-36. Hazardous Materials – General Provisions (Chapter 50)
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended by SFM with the following amendments.
(a) Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include.
Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.
(b) Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.
Section 25. Section 14-38 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-38 - Explosives and fireworks (Chapter 56).
Chapter 56 Explosives and Fireworks is adopted in its ent irety as amended by SFM with the following amendments:
(a) Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.
(b) Section 5608.3 Application for Permit is hereby added as follows:
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Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.
Section 26. Section 14-39 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-39 - Flammable and combustible liquids (Chapter 57).
Flammable and Combustible Liquids (Chapter 57) Adopt Chapter 57, as adopted and amended by SFM.
Section 27. Section 14-40 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-40. - Flammable Gases and Flammable Cryogenic Fluids (Chapter 58).
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids Adopt Chapter 58 in its entirety as amended by SFM.
Section 28. Section 14- 41 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-41 - Referenced standards (Chapter 80).
(a) NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:
(1) Section 16.12.3.3 is hereby revised as follows:
16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.
The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design
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requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.
(2) Section 9.4.3.1 is hereby revised as follows:
9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.
Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers (6) Standard-response sprinklers used where individual standard- response sprinklers are replaced in existing light hazard systems
(3) Section 9.2.1.7 is hereby revised as follows:
9.2.1.7 Concealed spaces filled with nonc ombustible insulation shall not require sprinkler protection when approved by fire code official.
(b) NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:
(1) Section 7.1.2 is hereby revised as follows:
7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.
(c) NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:
Section 7.3.1.1 is hereby is deleted in its entirety.
(d) NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:
(1) Section 6.2.8.1 is hereby added as follows:
6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.
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Exceptions:
1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.
2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.
(2) Section 6.2.9 is hereby amended as follows:
All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4
(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior
(6) Control valves in a fire-rated stair enclosure accessible from the exterior
(3) Section 10.1.5 is hereby added as follows:
10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8- mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2- inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.
Exception: 304 or 316 Stainless Steel pipe and fittings
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(4) Section 10.4.1.1 is hereby revised as follows:
10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.
Exception: Bolted joint accessories made from 304 or 316 stainless steel.
(5) Section 10.4.1.1.1 is hereby added as follows:
10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.
(6) Section 10.4.3.2 is hereby added as follows:
10.4.3.2. Where fire service mains enter the building adjacent to the foundation , the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or bui lding foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through
10.4.3.2.4. Section 29. Section 14- 47 of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 14-47. - Appendices.
Appendix A is deleted in its entirety.
Appendix B is adopted in its entirety.
Appendix BB is adopted in its entirety.
Appendix C is adopted in its entirety.
Appendix CC is adopted in its entirety.
Appendix D is deleted in its entirety.
Appendix E is deleted in its entirety.
Appendix F is deleted in its entirety.
Appendix G is deleted in its entirety.
Appendix H is deleted in its entirety.
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Appendix I is deleted in its entirety.
Appendix J is deleted in its entirety.
Appendix K is deleted in its entirety.
Appendix L is deleted in its entirety.
Appendix M is deleted in its entirety.
Appendix N is deleted in its entirety.
Appendix O is deleted in its entirety.
Section 30. 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 31. This Ordinance shall become effective thirty (30) days after its adoption.
Section 32. 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
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
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AYES: Councilmembers ___________________________________
NOES: Councilmembers ___________________________________
ABSTAIN: Councilmembers ___________________________________
NOT PRESENT: Councilmembers ___________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ___________, 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 ____________, _____ 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
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Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022 -04 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 41- 130, 41-522 AND
41-1341 OF, AND ADDING SECTION 41 -130.5 AND
ARTICLE XXI (OUTDOOR DINING ON PRIVATE
PROPERTY) TO, CHAPTER 41 (ZONING) OF THE SANTA
ANA MUNICIPAL CODE ESTABLISHING REGULATIONS
RELATING TO THE PLACEMENT, DEVELO PMENT, AND
OPERATION OF OUTDOOR DINING ON PRIVATE
PROPERTY
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 March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus (“COVID-19”) pandemic.
B. On May 8, 2020, the s tate moved into Stage 2 of the California Resilience Roadmap, which allowed n on-essential retail businesses and restaurants to reopen for curbside pickups and deliveries.
C. On May 23, 2020, th e County of Orange announced the State’s approval of the County’s plan to accelerate local businesses further into Stage 2 of the California Resilience Roadmap.
D. On May 28, 2020, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 5- 2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help stimulate the economy. In addition, the City Manager issued and published wri tten guidelines (“A Guide for Outdoor Business Operations”) providing guidance and safety measures for businesses to implement.
E. On December 15, 2020, the Orange County Board of Supervisors awarded a $500,000 grant to the City for the use of developing saf e outdoor dining opportunities for businesses along or within 500 feet of First Street and Seventeenth Street. The City utilized the grant money to retain a vendor to design, construct, and install 22 outdoor dining parklets for restaurants located on private property. Parklets included tables, chairs, bistro lights, railings, planters, drought resistant tolerant plants, umbrellas, shade sails, roman shades , and painted flooring or wood, and cement decks.
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F. On June 1, 2021, the City Council adopted Resoluti on No. 2021 -29 extending Executive Order No. 5- 2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy.
G. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy.
H. On May 3, 2022, the City Council directed staff to prepare a perm anent outdoor dining ordinance to expand outdoor dining opportunities on private property citywide, to enhance the user experience, to create healthy, sustainable, and vibrant neighborhoods, and to support the local economy.
I. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.
J. On November 14 , 2022, t he Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council.
K. On December 6, 2022, the City Council held a duly -noticed public hearing to consider this Ordinance, 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. Section 41- 130 ( Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-130. – Outdoor Dining.
Outdoor Dining means an ancillary outdoor area use on private property where tables and chairs are provided for patrons to consume food and/or beverages provided by an adjacent eating establishment.
Section 4. Section 41-130.5 (Outdoor Dining Area) of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-130.5 – Outdoor Dining Area.
Outdoor Dining Area means an approved designated outdoor dining area, in accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is enclosed by permanent improvements such as landscape, planters, fencing, decks, patio or shade structures, or other decorative barriers.
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Section 5. Section 41-522 (Uses subject to a conditional use permit in the C - SM district) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-522. – Uses subject to a conditional use permit in the C-SM district.
The following uses may be permitted in the C -SM district subject to the issuance of a conditional use permit:
a. Clubs, lodges, and fraternal organizations.
b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in Section 41-521 of this Chapter.
c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses.
d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses.
e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line.
f. Laundromats.
g. Banquet facilities, subject to development and operational standards set forth in Section 41-199.1 of this Chapter.
h. Banquet faci lities as an ancillary use, subject to development and operational standards set forth in Section 41-199.1 of this Chapter.
i. Automobile repair and automobile servicing.
j. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m.
k. Churches and accessory church buildings.
Section 6. Section 41 -1341 (Restaurants, cafes, etc.) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-1341. – Restaurants, cafes, etc.
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(a) The minimum off -street parking requirements for restaurants, cafes and other eating establishments are as follows:
(1) Eight (8) spaces for each one thousand (1,000) square feet of gross floor area.
(2) An o utdoor dining area equal to or less than five hundred ( 500) square and serving an eating establishment of less than two thousand five hundred (2,500) square feet does not require additional off-street parking.
(3) A n outdoor dining area less than twenty-five (25) percent of the gross floor area of the eating establishment or one thousand (1,000) square feet, whichever is smaller, does not require additional off-street parking.
(4) An o utdoor dining area exceeding the threshold s established by subsection 2 and 3 above shall provide off -street parking at a rate of one (1) space per each two hundred and fifty ( 250) square feet of outdoor dining area above the thresholds.
(5) An outdoor dining area located within the public-right-of way and approved in accordance with Article VI of Chapter 33 of the SAMC does not require additional off-street parking.
(b) Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick -up window or pay window, whichever is closer to the menu board; and eighty (80) feet from the order point or menu board to the beginning of the drive- through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces.
Section 7. Article XXI (O utdoor Dining on Private Property ) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows:
ARTICLE XXI. – OUTDOOR DINING ON PRIVATE PROPERTY
Sec. 41-2200. – Purpose.
The purpose and intent of this Article is to c reate a streamline administrative permit process for outdoor dining areas located on private property in order to benefit tenants, property owners, and the public, and to e stablish regulations that enhance the pedestrian ambiance of the City and ensure that such outdoor dining areas do not adversely impact adjacent uses, properties, and surrounding neighborhoods.
Sec. 41-2201. – Applicability.
(a) T he provisions of this Article shall apply to:
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(1) All new outdoor dining areas located on private property; and
(2) All legally established and existing outdoor dining areas located on private property that are proposed to be expanded or enlarged.
(b) The provisions of this Article do not apply to:
(1) Common outdoor dining and seating ar eas as part of a development that has been approved through a Development Project Plan in accordance with Division 3 of Article V of this Chapter; and
(2) Outdoor dining areas in the public right -of-way that are subject to the provisions set forth in Article VI (Outdoor Dining Areas in the Public Right - Of-Way) of Chapter 33 (Streets, Sidewalks and Public Works) o f the SAMC.
(c) The provisions of this Article are not intended to provide exclusive regulation of the development of an outdoor dining area. An outdoor dining area shall comply with all applicable state and federal laws and all local re gulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter, the provisions of this Article shall prevail, unless otherwise determined by the Director of the Planning and Building Agency.
Sec. 41-2202. – Application, Permit, and Review Requirements.
(a) An outdoor dining area shall require approval of an administrative application and permit as established by the Executive Director of the Planning and Building Agency, and shall be developed in compliance wi th an approved site plan that indicates the area dedicated for outdoor dining and the maxim um seating capacity.
(b) Approval of the outdoor dining area permit shall be granted only to the property owner or business owner of the eating establishment with written concurrence of the property owner.
(c) When an eating establishment use is proposed to be replaced with another eating establishment where an outdoor dining area permit has been previously approved pursuant to this Article, the new business owner may continue to utilize the existing outdoor dining area without obtaining a separate outdoor dining permit, so long as such business owner submits an agreement to comply with the previously approved outdoor dining area permit application, conditions, and the requirements of this Article. Such agreement shall be on a form as approved by the Executive Director of the Planning and Building Agency.
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Sec. 41-2203. – Zone Requirements.
An outdoor dining area shall be permitted as an ancillary use in all zones where eating establishments are permitted or conditionally permitted.
Sec. 41-2204. – Placement, Development, and Design Standards.
An o utdoor dining area shall co mply with the following placement , development, and design standards:
(a) The location of the outdoor dining area shall be approved by the property owner(s) with consent of the affected business(es).
(b) An outdoor dining area may encroach into and up to fifteen (15) percent of the required front and street side yard areas.
(c) The outdoor dining area shall provide and maintain: (1) a five (5) foot landscape buffer between property lines and the edge of the outdoor dining area ; and (2) a three (3) foot landscape buffer between parking spaces and vehicular areas and the edge of the outdoor dining area.
(d) The outdoor dining area shall comply with corner and driveway obstruction line-of-sight standards, as modified from time to time.
(e) The outdoor dining area shall not obstruct any required off -street parking spaces, drive aisles, paths of travel, ingress or egr ess, emergency access/exits, or fire lanes unless replaced elsewhere on site.
(f) The outdoor dining area shall be constr ucted on a permanent raised pad with curbs and may be enclosed by a permanent barrier made of landscape planters, fencing, decking, shade structures and other decorative materials that physically separate and/or define the outdoor dining area. If installed , the height of the barrier shall not exceed four (4) feet in height.
(g) Awnings, covers, furniture, umbrellas , shade structures, and other physical elements shall be compatibl e with the character of the primary use structure and shall be fire-retardant, pressure-treated or manufactured of fire-resistant materials.
(h) Planter boxes, if installed, shall be made of durable materials such as wood, ceramic, stone, or metal.
(i) Signage within the outdoor dining area is prohibited with the exception of a menu board. A menu board of up to six (6) square feet may be displayed within the outdoor dining area.
(j) Lighting in accordance with Chapter 8 of the SAMC shall be provided to illuminate the outdoor dining area during nighttime hours.
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(k) When an outdoor dining area is located adjacent to sensitive uses (e.g., residential uses , parks , playgrounds, and private and public schools (k- 12)), provisions shall be made to minimize noise, light, and odor impacts on the adjacent sensitive uses. This may include without limitation a sound-buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining area.
Sec. 41-2205. – Operational Standards.
Outdoor dining shall comply with the following operational standards:
(a) All areas in and aroun d the outdoor dining area shall be well kept and maintained free of trash and debris.
(b) The hours of operation for the outdoor dining area shall be limited to the hours of operation for the eating establishment . However, if the outdoor dining area is adjacent to a sensitive use, such hours of operation may be restricted to reasonable operating hours as determined by the Executive Director of the Planning and Building Agency.
(c) The outdoor dining area shall be operated in a manner to comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.
(d) Establishments with an approved conditional use permit (CUP) pursuant to Section 41- 196 (Establishments Selling Alcoholic Beverages) of this Chapter may serve alcoholic beverages within the out door dining area if consistent with the scope and intent of the CUP, as evaluated by the Executive Director of the Planning and Building Agency.
(e) No heating, cooking or open flames are permitted in the outdoor dining area.
(f) Heating units are permitted only if an outdoor approved type and located in accordance with the manufacturer’s recommendations. Propone tanks, if used, shall not be stored outdoors.
(g) Movable furniture must be secured or moved inside the primary establishment at closing time.
(h) All outdoor dining furnishings and materials shall be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials.
Any damaged materials shall be repaired or replaced immediately.
(i) The outdoor dining area shall be operated in a manner that complies with all applicable federal, state, county and city laws and regulations.
(j) The outdoor dining area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity.
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Sec. 41-2206. – Off Street Parking Requirements for Outdoor Dining Areas.
Off-street parking for an outdoor dining area shall be provided in accordance to Section 41-1341 of this Chapter, except that:
(a) An outdoor dining area located within an integrated development site, as defined in Section 41-83.5 of this Chapter, may convert up to three (3) required off-street parking spaces into outdoor dining without needing to replace such parking. An integrated development site with two -hundred fifty (250) or more off -street parking spaces may c onvert additional required off-street parking spaces into outdoor dining at the discretion and approval of the Executive Director of th e Planning and Building Agency.
(b) An outdoor dining area located within a stand- alone development site with one primary eating establ ishment may convert up to twenty -five (25) percent of the required off street parking spaces into outdoor dining without needing to replace such parking.
Sec. 41-2207. – Outdoor Dining Area Modification by Executive Director.
The standards of this Article are intended to promote quality development of outdoor dining areas. In special circumstances, modifications to the placement and development standards required per Sec. 41- 2204 of this Article may be adjusted, subject to the applicant providing the necessary information for the Executive Director of the Planning and Building Agency to make an informed decision in grating or denying the request for the modification. The approval of a modification per this section shall be accompanied by the following findings:
a) Approval of the modification would not result in detrimental impacts to adjacent properties or the character and function of the neighborhood.
b) The design, development, and conditions associated with the outdoor dining area are consistent with the goals, policies, and intent of the General Plan, and the purpose, intent, and character of the applicable zone.
c) The outdoor dining area creates and provides a visually pleasing setting for occupants, visitors and the general community.
d) To the maximum extent feasible, the outdoor dining project includes improvement to the site such as but not limited to:
(1) Landscaping shall be improved to bring the site closer into compliance with the landscaping requirements of this Chapter;
(2) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;
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(3) Bicycle parking shall be provided and maintained in accordance with Section 41-1307.1 of this Chapter.
(4) Building(s) on the site shall be repainted as needed; and
(5) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated as determined by the Public Works and Planning and Building agencies.
Sec. 41- 2208. – Enforcement, Modification, Revocation and Termination of Outdoor Dining Area Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, to operate an outdoor dining area without an outdoor dining area permit, or to fail to comply with each and every condition of that outdoor dining area permit.
(b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the outdoor dining area permit, revocation of certificate of occupancy for the eating establishment, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney ’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions availabl e and applicable under local and state laws for any violations committed by an outdoor dining permittee and persons related or associated with the business.
(c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify an outdoor dining area permit:
(1) Circumstances under which the outd oor dining permit was granted have been changed by the operator to a degree that the public convenience, health, interest, safety or welfare require revocation or modification;
(2) The outdoor dining permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;
(3) One (1) or more of the requirements of the outdoor dining permit have not been substantially fulfilled or have been violated;
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(4) The improvement/use authorized in compliance with the outdoor dining permit approval is in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or
(5) The improvement/use authorized in compliance with the outdoor dining permit has become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.
(d) No such revocation shall become effective until the outdoor dining permit holder has been notified in writing by certified mail of the rig ht to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC . If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocat ion shall b ecome effective after the time for appeal has passed.
(e) A n outdoor dining area permit shall be terminated and the outdoor dining area and its improvements shall be removed and rehabilitated to their original use by the property owner if the outdoor dining area is vacant, unused, or unoccupied for more than six (6) months, or if the eating establishment is replaced with a non-eating establishment.
Section 8. The City Council may, by resolution, establish a fee for the administrative outdoor dining permit required per this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.
Section 9. The City Council finds and determines that this ordinance is not subject to the California Environmental Quali ty Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022- 88, will be filed upon adoption of this ordinance.
Section 10. 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.
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Section 11. T his Ordinance shall become effective thirty (30) days after its adoption.
S ection 12. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
A
DOPTED this _______ day of ___________, 2022.
________________________________
Mayor
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: _________________________________
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Ordinance No. NS-XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, 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 Sa nta 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
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Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022 -05 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTION 41 -121 OF, AND
ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON
PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF
THE SANTA ANA MUNICIPAL CODE ESTABLISHING
REGULATIONS RELATING TO THE OPERATION OF
MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
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, determin es and, declares as follows:
A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus (“COVID-19”) pandemic.
B. On May 28, 2020, t he City Manager, acting as Director of Emergency Services, approved Executive Order No. 5- 2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help st imulate the economy. In addition, the City Manager issued and published written guidelines (“A Guide for Outdoor Business Operations”) providing guidance and safety measures for businesses to implement.
C. On July 7, 2020, the City Council approved Resoluti on No. 2020 -055, which temporarily allowed food vending vehicles to use private properties for vending activities and updated the Guide for Outdoor Business Operations to include guidance and safety measures for the operation of food vending vehicles on private properties.
D. On June 1, 2021, the City Council adopted Resolution No. 2021- 29 extending Executive Order No. 5- 2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy.
E. On June 15, 2021, the St ate moved beyond the Blueprint for a Safer Economy.
F. On July 11, 2022, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 18 -2022 allowing the continued operation of food vending vehicles on private property until Dec ember 31, 2022. In addition, City Council directed staff to evaluate best practices and present City Council with options and recommendations on permanent regulations for food vending vehicles on private property prior to December 31, 2022.
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G. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.
H. On November 14 , 2022, t he Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council.
I. On December 6, 2022, the City Council held a duly-noticed public hearing to consider this Ordinance, 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. Section 41- 121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-121. – Mobile Food Truck.
Mobile Food Truck means a motorized vehicle or mobile food unit . licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/ or non- alcoholic beverages. For purposes herein, the term “food” shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. “Mobile Food Truck” shall not include a trailer or any wagon or pushcart, ei ther propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food.
Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows:
ARTICLE XXII. – MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
Sec. 41-2300. – Purpose.
The purpose and intent of this Article is to c reate a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the C ity and benefit the community by providing gourmet and fast food services to the City r esidents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance.
Sec. 41-2301. – Applicability.
(a) The provisions of this Article shall apply to all mobile food trucks operating on private property , unless exempted by Section 41- 2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as deemed appropriate by the City Manager or designee.
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(b) The provisions of this Article do not apply to any of the following:
(1) Mobile food trucks operating in the public right -of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC.
(2) Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City.
(3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities.
(4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes.
(c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property . Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter , the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency.
Sec. 41-2303. – Application, Permit, and Review Requirements.
(a) No mobile food truck shall operate on private propert y without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of th e Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business ow ner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency.
(b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the origi nal approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit.
(c) The business owner/operator of the mobile food truck shall maintain and s tore a copy of the mobile food truck permit within the mobile food truck and shall present the permit , upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.
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Sec. 41-2304. – Zone Requirements.
Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial, or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses.
Sec. 41-2305. – Property and Location Requirements.
Mobile food trucks may only operate on private property that comply with the following property and location requirements:
(a) The private property is located along an arterial street, as identified in the Mobility Element of the General Plan.
(b) The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property.
Mobile food trucks may operate o n a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency:
(1) All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter;
(2) Landscaping shall be improved to bring the site closer in to compliance with the landscaping requirements of this Chapter;
(3) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;
(4) Bicycle parking shall be provided in accordance with Section 41- 1307.1 of this Chapter.
(5) Building(s) on the site shall be repainted as need; and/or
(6) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site.
(c) The private property is not a stand- alone parking lot or undeveloped vacant property.
(d) The private property is not developed as a service or gas station.
(e) The private pr operty does not contain a legally established eating establishme nt and/or is not located within three hundred (300) feet , as measur ed from the outermost boundary of the property , of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location.
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Sec. 41-2306. – Minimum Lot Area and Maximum Number of Mobile Food Trucks Per Lot Area.
A minimum lot size of ten thousand ( 10,000) square feet is required and no more than one (1) mobi le food truck per 10,000 square feet of lot area or integrated development site area, as def ined in Section 41- 83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site.
Sec. 41-2307. – Operational Standards.
All mobile food tr ucks operating within private property shall comply with the following operational standards:
(a) Mobile food truck s shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations.
(b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean- up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes , the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday.
(c) Mobile food trucks shall not be parked or stored overnight on the permitted vending site.
(d) Mobile food truck s shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency.
(e) Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off -Street Parking) of this Chapter. This requirement does not apply if the hours of operat ion for the mobile food truck and primary use(s) do not coincide.
However, in no case shall a mobile food truck and its operatio ns occupy more than twenty-five-percent (25%) of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty -percent (50%) of the entire parking area shall be occupied.
(f) The outdoor dining area shall comply with corner and driveway obstruction line- of-sight standards, as modified from time to time.
(g) A minimum of one (1) permanent and accessible public restroom shall be provided on- site and within fifty (50) feet of the mobile food t ruck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement.
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(h) A maximum three hundred fifty (350) square-foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies , and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants.
(i) No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained.
(j) At minimum, two (2) waste receptacles shall be provided on- site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck.
(k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the cl osure of the mobile food truck and disposed at an approved commissary.
(l) Lighting shall be provided during hours of darkness to ensure customer safety.
Lighting shall not create glare and shall be directed downward and away from adjacent properties.
(m) The mobile food truck and i ts operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.
(n) Mobile food truck operator s shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations.
(o) No signage other than that exhibited on the mobile food truck may be displayed.
(p) No alcoholic beverages shall be served or sold by the mobile food truck.
(q) No mobile food truck shall cause or dispose of oil or grease on the lot.
Wastewater generated on- site shall not be released on- site or into the storm drainage system.
(r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard.
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Sec. 41-2308. – Enforcement, Modification, Revocation and Te rmination of Mobile Food Truck Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or other person in control of property within the city for which the provisions set forth in this Article apply, t o operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit.
(b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to injunctive relief, revocation of the mobile food truck permit , disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney ’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business.
(c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit:
(1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;
(2) One (1) or more of the requirements of the mobile food truck permit have not been substantially fulfilled or have been violated;
(3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or
(4) The mobile food truck and its operations authorized in compliance with th e mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.
(d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a t imely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.
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(e) A mobile food truck permit shall be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article.
Section 5. The City Council may, by resolution, establish a fee for the administrative mobile food truck permit required by this ordinance. Th e City Council shall from time to time by resolution adopt a schedule of fees to be charged.
Section 6. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022- 99, will be filed upon adoption of this ordinance.
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 aff ect 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.
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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.
________________________________
Mayor
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: _________________________________
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Ordinance No. NS-XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and cert ify that the attached Ordinance No. NS -_______ to be the original ordinance adopted by the City Council of the City of Sa nta 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
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Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXX
ZONING ORDINANCE AMENDMENT NO. 2022 -05 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTION 41 -121 OF, AND
ADDING ARTICLE XXII (MOBILE FOOD TRUCKS ON
PRIVATE PROPERTY) TO, CHAPTER 41 (ZONING) OF
THE SANTA ANA MUNICIPAL CODE ESTABLISHING
REGULATIONS RELATING TO THE OPERATION OF
MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
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, determin es and, declares as follows:
A. On March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective response to the novel coronavirus (“COVID-19”) pandemic.
B. On May 28, 2020, t he City Manager, acting as Director of Emergency Services, approved Executive Order No. 5- 2020 allowing restaurants and retail businesses to temporarily use public and private sidewalks and parking spaces for outdoor dining and retail operations to help st imulate the economy. In addition, the City Manager issued and published written guidelines (“A Guide for Outdoor Business Operations”) providing guidance and safety measures for businesses to implement.
C. On July 7, 2020, the City Council approved Resoluti on No. 2020 -055, which temporarily allowed food vending vehicles to use private properties for vending activities and updated the Guide for Outdoor Business Operations to include guidance and safety measures for the operation of food vending vehicles on private properties.
D. On June 1, 2021, the City Council adopted Resolution No. 2021- 29 extending Executive Order No. 5- 2020 for a period of one year from the date on which the State moved beyond the Blueprint for a Safer Economy.
E. On June 15, 2021, the State moved beyond the Blueprint for a Safer Economy.
F. On July 11, 2022, the City Manager, acting as Director of Emergency Services, approved Executive Order No. 18 -2022 allowing the continued operation of food vending vehicles on private property until December 31, 2022. In addition, City Council directed staff to evaluate best practices and present City Council with options and recommendations on permanent regulations for food vending vehicles on private property prior to December 31, 2022.
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Ordinance No. NS-XXXX
G. The proposed amendments to the Santa Ana Municipal Code (SAMC) support the objectives and policies of the City’s General Plan.
H. On November 14 , 2022, t he Planning Commission held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard, and recommended approval of the ordinance to the City Council.
I. On December 6, 2022, the City Council held a duly -noticed public hearing to consider this Ordinance, 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. Section 41- 121 ( Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows:
Sec. 41-121. – Mobile Food Truck.
Mobile Food Truck means a motorized vehicle or mobile food unit . licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/ or non- alcoholic beverages. For purposes herein, the term “food” shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. “Mobile Food Truck” shall not include a trailer or any wagon or pushcart, ei ther propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food.
Section 4. Article XXII (Mobile Food Trucks on Private Property) to Chapter 41 of the SAMC is hereby added in its entirety to read as follows:
ARTICLE XXII. – MOBILE FOOD TRUCKS ON PRIVATE PROPERTY
Sec. 41-2300. – Purpose.
The purpose and intent of this Article is to c reate a streamline administrative permit process allowing mobile food trucks to operate on private property in order to provide entrepreneurial opportunities for small businesses to operate in the City and benefit the community by providing gourmet and fast food services to the City residents, workers, and visitors, and to establish regulations that ensure mobile food trucks are operated in a safe manner and do not create a public nuisance.
Sec. 41-2301. – Applicability.
(a) T he provisions of this Article shall apply to all mobile food trucks operating on private property, unless exempted by Section 41- 2305(b). Mobile food trucks may operate on City owned property with prior written consent and approval by the City Manager or designee and shall be subject to the provisions of this Article as deemed appropriate by the City Manager or designee.
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Ordinance No. NS-XXXX
(b) The provisions of this Article do not apply to any of the following:
(1) Mobile food trucks operating in the public right -of-way subject to the provisions of Article XIV (Food Vending Vehicles) of Chapter 36 (Traffic) of the SAMC.
(2) Mobile food trucks operating in conjunction with any city-sponsored event where the operator of the mobile food truck is operating pursuant to a valid contract with the City.
(3) Mobile food trucks operating in conjunction with an approved land use certificate and/or special event permit for temporary outdoor activities.
(4) Mobile food trucks operating in a construction site (site with a valid building or grading permit) or business which does not vend to the general public during the time on the site and does not conduct operations on any single private property for more than forty-five (45) minutes.
(c) The provisions of this Article are not intended to provide exclusive regulation of the operation of mobile food trucks on private property . Mobile food trucks shall comply with all applicable state and federal laws and all local regulations imposed in other articles of this Chapter and other city ordinances, unless explicitly exempted under this Article. Should a conflict exist between the provisions of this Article and the provisions of other articles of this Chapter , the provisions of this Article shall prevail, unless otherwise determined by the Executive Director of the Planning and Building Agency.
Sec. 41-2303. – Application, Permit, and Review Requirements.
(a) No mobile food truck shall operate on private propert y without obtaining approval of an administrative mobile food truck application and permit as established by the Executive Director of th e Planning and Building Agency. Approval of the mobile food truck permit shall be granted only to the business ow ner/operator of the mobile food truck that holds a valid City business license and a health permit from the County of Orange Health Care Agency.
(b) An approved permit for a mobile food truck shall be renewed on an annual basis on the anniversary date of the origi nal approved permit. An application for renewal shall be submitted to the Planning and Building Agency no later than sixty (60) days prior to the expiration of the approved permit.
(c) The business owner/operator of the mobile food truck shall maintain and s tore a copy of the mobile food truck permit within the mobile food truck and shall present the permit , upon request, to a city police officer, code enforcement officer, or any other person designated by the City to enforce this Article.
City Council
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Ordinance No. NS-XXXX
Sec. 41-2304. – Zone Requirements.
Mobile food trucks may operate on private property, as an ancillary use, that is zoned as mixed use, professional, commercial , or industrial, and all specific development and specific plan areas that have similar zones which allow for similar uses.
Sec. 41-2305. – Property and Location Requirements.
Mobile food trucks may only operate on private property that comply with the following property and location requirements:
(a) The private property is located along an arterial street, as identified in the Mobility Element of the General Plan.
(b) The private property is developed in accordance with the development standards of this Chapter for the primary use(s) and the zoning designation of the property.
Mobile food trucks may operate o n a nonconforming site only if the following conditions are satisfied, as deemed appropriate by the Executive Director of the Planning and Building Agency:
(1) All signage on the building(s) and site shall be brought into conformity with the requirements of this Chapter;
(2) L andscaping shall be improved to bring the site closer in to compliance with the landscaping requirements of this Chapter;
(3) Parking areas in poor condition shall be improved and maintained in accordance with Section 41-1304 of this Chapter;
(4) Bicycle parking shall be provided in accordance with Section 41- 1307.1 of this Chapter.
(5) Building(s) on the site shall be repainted as need; and/or
(6) A trash enclosure in accordance with this Chapter shall be constructed or rehabilitated if one is already built on site.
(c) The private property is not a stand- alone parking lot or undeveloped vacant property.
(d) The private property is not developed as a service or gas station.
(e) The private pr operty does not contain a legally established eating establishme nt and/or is not located within three hundred (300) feet , as measur ed from the outermost boundary of the property , of a lot that contains a legally established eating establishment and which operates during the proposed mobile food truck hours of operation. If an eating establishment is established within this separation requirement subsequent to the mobile food truck being approved, nothing shall prohibit the mobile food truck from continuing to operate at the approved location.
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Ordinance No. NS-XXXX
Sec. 41-2306. – Minimum Lot Area and Maximum Number of Mobile Food Trucks Per Lot Area.
A minimum lot size of ten thousand ( 10,000) square feet is required and no more than one (1) mobi le food truck per 10,000 square feet of lot area or integrated development site area, as def ined in Section 41- 83.5 of this Chapter, shall be allowed. However, in no event shall more than three (3) mobile food trucks be allowed to operate on a single lot or integrated development site.
Sec. 41-2307. – Operational Standards.
All mobile food tr ucks operating within private property shall comply with the following operational standards:
(a) Mobile food truck s shall comply with all applicable federal, state, and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act (ADA) and regulations.
(b) Mobile food trucks shall not operate before 6:00 p.m. or after 2:00 a.m., including set-up and clean- up. If operating within two hundred (200) feet of a residential zone or property used for residential purposes , the mobile food truck shall not operate after 10:00 p.m. on Sunday through Thursday and 11:59 p.m. on Friday and Saturday.
(c) Mobile food trucks shall not be parked or stored overnight on the permitted vending site.
(d) Mobile food truck s shall only be parked and operate from the area approved on the site plan by the Planning and Building Agency.
(e) Mobile food trucks shall only occupy parking spaces not required to meet the minimum parking requirements of the primary use(s) on the property per Article XV (Off -Street Parking) of this Chapter. This requirement does not apply if the hours of operat ion for the mobile food truck and primary use(s) do not coincide.
However, in no case shall a mobile food truck and its operatio ns occupy more than twenty-five-percent (25%) of the entire parking area. If multiple mobile food trucks operate on a lot, then no more than fifty -percent (50%) of the entire parking area shall be occupied.
(f) The outdoor dining area shall comply with corner and driveway obstruction line- of-sight standards, as modified from time to time.
(g) A minimum of one (1) permanent and accessible public restroom shall be provided on- site and within fifty (50) feet of the mobile food t ruck and shall be available for use by the employees and customers of the mobile food truck during all hours of operation. Portable restrooms are prohibited to satisfy this requirement.
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Ordinance No. NS-XXXX
(h) A maximum three hundred fifty (350) square-foot, uncovered seating area, may be provided to serve the patrons of the mobile food truck. The seating area may consist of portable chairs, tables, canopies , and barricades which shall be removed prior to closure of the mobile food truck. The seating area shall be located in an area of the site that does not interfere or obstruct any landscape, parking stalls, driveways and circulation, walkways, or fire lanes and hydrants.
(i) No part of the mobile food truck operations, including seating and equipment, shall encroach onto the public sidewalk or street. The mobile food truck operator shall manage customer queuing and ensure pedestrian accessibility is maintained.
(j) At minimum, two (2) waste receptacles shall be provided on- site and adjacent to the mobile food truck during all hours of operations and shall be removed prior to the closure of the mobile food truck.
(k) Litter generated by the mobile food truck and its patrons, within a fifty (50) foot radius of the mobile food truck, shall be removed prior to the cl osure of the mobile food truck and disposed at an approved commissary.
(l) Lighting shall be provided during hours of darkness to ensure customer safety.
Lighting shall not create glare and shall be directed downward and away from adjacent properties.
(m) The mobile food truck and i ts operations shall at all times comply with the noise provisions pursuant to Section 10-153 of Chapter 10 of the SAMC.
(n) Mobile food truck operator s shall be responsible for controlling smoke and odors caused by the mobile food truck and its operations.
(o) No signage other than that exhibited on the mobile food truck may be displayed.
(p) No alcoholic beverages shall be served or sold by the mobile food truck.
(q) No mobile food truck shall cause or dispose of oil or grease on the lot.
Wastewater generated on- site shall not be released on- site or into the storm drainage system.
(r) The mobile food truck shall be entirely self-sufficient in regards to gas, water, and wastewater. The use of generators (i.e. portable or vehicle mounted) to supply electricity to the mobile food truck and its operations is prohibited. A mobile food truck shall utilize an electrical connection to maintain power. The electrical connection shall be approved by the Planning and Building Agency and shall be installed adjacent to the mobile food truck and in a manner that does not create a public safety hazard.
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Ordinance No. NS-XXXX
Sec. 41-2308. – Enforcement, Modification, Revocation and Te rmination of Mobile Food Truck Permit.
(a) It is unlawful for any property owner, business owner, operator, tenant, or othe r person in control of property within the city for which the provisions set forth in this Article apply, t o operate a mobile food truck without a mobile food truck permit, or to fail to comply with each and every condition of that mobile food truck permit.
(b) Each and every violation of this Article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the SAMC. Additionally, as a nuisance per se, any violation of this Article shall be subject to inj unctive relief, revocation of the mobile food truck permit , disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney ’s fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the mobile food truck permittee and persons related or associated with the business.
(c) When an authorized City of Santa Ana representative finds that any of the provisions of this Article have been violated or that any of the following findings of fact can be made, the Executive Director of the Planning and Building Agency, or its designee, may revoke, suspend, or modify the mobile food truck permit:
(1) The mobile food truck permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application;
(2) One (1) or more of the requirements of the mobile food truck p ermit have not been substantially fulfilled or have been violated;
(3) The mobile food truck and its operations authorized in compliance with the mobile food truck permit are in violation of any code, law, ordinance, regulation or statute of the city, state or federal government; or
(4) The mobile food truck and its operations authorized in compliance with th e mobile food truck permit have become detrimental to the public convenience, health, interest, safety or welfare, or the manner of operation constitutes or is creating a nuisance.
(d) No such revocation shall become effective until the mobile food permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provision of Chapter 3 of the SAMC. If a ti mely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the SAMC. Otherwise, the revocation shall become effective after the time for appeal has passed.
(e) A mobile food truck permit sh all be terminated if the mobile food truck permit is not renewed pursuant to Section 41-2303 of this Article.
City Council
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Ordinance No. NS-XXXX
Section 5. The City Council may, by resolution, establish a fee for the administrative mobile food truck permit required by this ordinance. The City Council shall from time to time by resolution adopt a schedule of fees to be charged.
S ection 6. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2022- 99, will be filed upon adoption of this ordinance.
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 affec t 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 f act 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.
S ection 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.
A
DOPTED this _______ day of ___________, 2022.
________________________________
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
John M. Funk
Chief Assistant City Attorney
City Council
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Ordinance No. NS-XXXX
AYES: Councilmembers: __________________________________
NOES: Councilmembers: __________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ____________________, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. N S-_______ to be the original ordinance adopted by the City Council of the City of Sa nta 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
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19 12/20/2022
Finance and Management Services
www.santa-ana.org/departments/finance/
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Quarterly Report of Contracts Awarded by the City Manager AGENDA TITLE:
Receive and file Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $250,000 for Public Works authorized by the City Manager as permitted by Charter Section 421
RECOMMENDED ACTION
Receive and file Quarterly Report of Contracts entered into between July 1, 2022 to September 30, 2022, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements.
DISCUSSION
Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under her authority for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description.
Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $250,000.
Exhibit 1 is a listing of all purchase orders and agreements entered into during the period July 1, 2022 to September 30, 2022, valued at amounts between $500 and $50,000 for Non-Public Works and up to $250,000 for Public Works contracts and agreements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council
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Quarterly Report of Contracts Awarded by the City Manager December 20, 2022
3 1
2 6
EXHIBIT(S)
1. Quarterly Report of Contracts – July 1, 2022 – September 30, 2022 Submitted By: Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Kristine Ridge, City Manager
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EXHIBIT 1
No. Date Vendor Name Type Number Agency Amount Description 1 07/01/22 AAA ELECTRIC MOTOR SALES BOC 7533 PWA 20,000.00$ ELECTRIC MOTOR REPAIRS 2 07/01/22 ALANS LAWNMOWER & GARDE BOC 7441 CITYWIDE 20,000.00 $ LANDSCAPE EQUIPMENT & REPAIR 3 07/01/22 ALLIED REFRIGERATION INC BOC 7414 PWA 7,500.00$ REFRIGERATION PARTS AND REPAIR 4 07/01/22 ALTA BAJA MARKET BOC 7493 CITYWIDE 5,000.00$ FOOD FOR EVENTS & MEETINGS 5 07/01/22 ARC DOCUMENT SOLUTIONS BOC 7435 CITYWIDE 20,000.00 $ REPROGRAPHIC SERVS & TONER 6 07/01/22 AUTONATION FORD TUSTIN BOC 7476 PWA 20,000.00$ VEHICLE MAINT REPAIR PARTS/MATERIALS 7 07/01/22 AZTEC CONTAINER BOC 7537 PWA 5,000.00$ STORAGE CONTAINER RENTAL SERVICES 8 07/01/22 BAT JAC GLASS INC BOC 7552 CITYWIDE 15,000.00 $ GLASS REPAIRS & EMERGENCY BOARD‐UP SVCS 9 07/01/22 BRISTOL SPEEDWASH INC BOC 7458 CITYWIDE 10,000.00 $ VEHICLE WASHES & DETAILS 10 07/01/22 BSN SPORTS LLC BOC 7447 CITYWIDE 5,000.00$ SPORTS EQUIPT AND SUPPLIES 11 07/01/22 CHANDLERS AIR CONDITIONING BOC 7445 CITYWIDE 5,000.00$ APPLIANCES REPAIR & MAINTENANCE 12 07/01/22 CHATTEL INC AG N ‐2022‐194 PBA 20,000.00$ HISTORIC PRESERVATION SERVS 13 07/01/22 CREATIVE SIGN INC BOC 7608 CITYWIDE 25,000.00 $ DECALS, STRIPING, NUMBERS & STICKERS 14 07/01/22 CURLEY WHOLESALE ELECTRIC BOC 7421 CITYWIDE 20,000.00 $ ELECTRICAL SUPPLIES 15 07/01/22 CYBER SECURITY SOURCE BOC 7502 CITYWIDE 10,000.00 $ LOCKSMITH & CYBER LOCK REPAIRS 16 07/01/22 DIAMOND ENVIRONMENTAL SERVICES BOC 7528 CITYWIDE 20,000.00 $ PORTABLE RESTROOM RENTAL SERVICES 17 07/01/22 DISCOUNT SCHOOL SUPPLY BOC 7583 PRCS 5,000.00$ EDUCATIONAL MATERIALS FOR ZOO COMMUNITY COUNTS PROG 18 07/01/22 DUNCAN PARKING TECHNOLOGIES BOC 7524 CDA 10,000.00$ PARKING METER PARTS 19 07/01/22 EWING IRRIGATION PRODUCTS INC BOC 7411 CITYWIDE 20,000.00 $ IRRIGATION SUPPLIES 20 07/01/22 FIREHOUSE SUBS BOC 7614 CITYWIDE 5,000.00$ FOOD FOR EVENTS & MEETINGS 21 07/01/22 FIREMASTER BOC 7440 CITYWIDE 20,000.00 $ FIRE EXTINGUISHER SERVICE & PARTS 22 07/01/22 GHAIS TREE SERVICE BOC 7611 PRCS 25,000.00$ TREE & STUMP REMOVAL SERVICES 23 07/01/22 H.L. MILLER INC BOC 7532 PWA 25,000.00$ GENERAL CONSTRUCTION REPAIRS 24 07/01/22 HCI SYSTEMS INC BOC 7522 POL 25,000.00$ FIRE ALARM TESTING INSPECTION & REPAIRS 25 07/01/22 HILLS BROS LOCK & SAFE INC BOC 7526 CITYWIDE 20,000.00 $ LOCKSMITH & REPAIR SERVICES 26 07/01/22 HINGEWERKS COMMERCIAL DOORS BOC 7417 PWA 15,000.00$ OVERHEAD DOOR EMERGENCY 27 07/01/22 HORIZON DISTRIBUTORS, INC. BOC 7633 PRCS 20,000.00$ LANDSCAPE & IRRIGATION SUPPLIES 28 07/01/22 HYDROBLAST BOC 7523 PRCS 20,000.00$ PRESSURE WASHING SERVICES 29 07/01/22 I INITIAL BOC 7550 CITYWIDE 25,000.00 $ SCREENPRINTING, CLOTHING EMBOIDERY 30 07/01/22 IRVINE PIPE & SUPPLY INC BOC 7425 CITYWIDE 20,000.00 $ PLUMBING SUPPLIES 31 07/01/22 JP GLASS & MIRROR BOC 7418 PWA 5,000.00$ GLASS REPAIRS & TINTING 32 07/01/22 KLUG AUTOMATION INC BOC 7645 POL 25,000.00$ ELECTRONIC SYSTEMS SERVS & PARTS 33 07/01/22 LAYNE LABORATORIES, INC. BOC 7609 PRCS 10,000.00$ FROZEN MICE & RATS FOR SANTA ANA ZOO 34 07/01/22 LONG BEACH BMW MOTORCYC BOC 7494 PWA 5,000.00$ MOTORCYCLE REPAIRS & PARTS 35 07/01/22 LOWES HOME CENTERS BOC 7426 CITYWIDE 20,000.00 $ CONSTRUCTION MATERIALS, HARDWARE, LUMBER 36 07/01/22 MAKO OVERHEAD DOOR INC BOC 7531 CITYWIDE 25,000.00 $ OVERHEAD DOOR MAINTENANCE 37 07/01/22 MCFADDEN‐DALE HARDWARE BOC 7427 CITYWIDE 20,000.00 $ HARDWARE SUPPLIES 38 07/01/22 MCMASTER CARR SUPPLY CO BOC 7428 CITYWIDE 17,500.00 $ INDUSTRIAL & MATERIAL SUPPLIES 39 07/01/22 MCVICKER & ASSOCIATES BOC 7448 CITYWIDE 10,000.00 $ PROMOTIONAL & SCREENPRINTED ITEMS 40 07/01/22 MEALS ON WHEELS ORANGE COUNTY AG N ‐2022‐206 PRCS 50,000.00$ CONGREGATE & HOME DELIVERED MEAL PROGRAM 41 07/01/22 METROPRO ROAD SERVICES BOC 7437 PWA 20,000.00$ TOWING SERVICES 42 07/01/22 MUNICIPAL MAINTENANCE BOC 7410 PWA 7,500.00$ AUTO & HEAVY VEHICLE PARTS & MAINTENANCE 43 07/01/22 MUTUAL PROPANE BOC 7456 PWA 20,000.00$ PROPANE FUEL AS NEEDED 44 07/01/22 NATHAN T WRIGHT AG N ‐2022‐189 PWA 50,000.00$ CUSTOM ILLUSTRATION PROJECT SERVICES Quarterly Report of Contracts: July 1, 2022 to September 30, 2022
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12/20/2022
No. Date Vendor Name Type Number Agency Amount Description 45 07/01/22 NIKKI'S FLAG SHOP BOC 7454 CITYWIDE 2,500.00$ MISCELLANEOUS FLAGS 46 07/01/22 PACIFIC MOBILE STRUCTURES INC BOC 7581 PRCS 5,000.00$ TRAILER LEASE FOR THE ZOO 47 07/01/22 PL HAWN CO INC BOC 7439 PWA 15,000.00$ HVAC FILTERS 48 07/01/22 PLAYERS CHOICE BOC 7431 CITYWIDE 25,000.00 $ AWARDS, TROPHIES & PLAQUES 49 07/01/22 PVP COMMUNICATIONS BOC 7588 POL 12,000.00$ MOTOR HELMET & HELMET KIT INSTALL 50 07/01/22 PYRO ‐COMM SYSTEMS BOC 7516 CITYWIDE 13,000.00 $ FIRE ALARM MONITORING SVCS & REPAIRS 51 07/01/22 RPW SERVICES INC BOC 7535 PWA 25,000.00$ WEED SPRAYING SERVICES 52 07/01/22 SC SIGNS AND SUPPLIES LLC BOC 7432 CITYWIDE 25,000.00 $ SPECIAL ORDER SIGNS 53 07/01/22 SELECT TRENCHLESS PIPEL BOC 7536 PWA 20,200.00$ SEWER LATERAL LINING SERVICES 54 07/01/22 SITEONE LANDSCAPE SUPPLY INC BOC 7401 CITYWIDE 25,000.00 $ NURSERY SUPPLIES & PLANTS 55 07/01/22 SMARDAN SUPPLY BOC 7402 CITYWIDE 5,000.00$ PLUMBING SUPPLIES 56 07/01/22 SMARTSIGN BOC 7449 PWA 5,000.00$ SAFTEY INFORMATION SUPPLIES 57 07/01/22 TAB ANSWER NETWORK BOC 7446 FMS 2,000.00$ PHONE ANSWERING SERVICES 58 07/01/22 TOWNSEND SELF STORAGE BOC 7501 PBA 7,500.00$ STORAGE UNIT RENTAL SERVICES 59 07/01/22 USA BLUEBOOK BOC 7496 PWA 5,000.00$ MISCELLANEOUS PARTS FOR WATER 60 07/01/22 VORTEX INDUSTRIES INC BOC 7534 PWA 10,000.00$ DOOR REPAIRS AT WATER RES FACILITIES 61 07/01/22 WALTERS WHOLESALE ELECTRIC CO BOC 7443 CITYWIDE 20,000.00 $ LAMPS, BALLASTS, MISC SUPP 62 07/01/22 WAXIE SANITARY SUPPLY BOC 7404 CITYWIDE 15,000.00 $ JANITORIAL SUPPLIES 63 07/01/22 WEST COAST LIGHTS AND SIRENS BOC 7646 PWA 20,000.00$ PARTS & LABOR ‐ PD VEHICLES 64 07/01/22 WHITE CAP CONSTRUCTION SUPPLY BOC 7406 CITYWIDE 20,000.00 $ CONSTRUCTION MATERIALS, TOOLS, HARDWARE, & SUPPLIES 65 07/01/22 WILLSCOT BOC 7615 PWA 25,000.00$ MOBILE OFFICE & RESTROOM RENTAL SERVICES 66 07/05/22 KAJEET INC. AG N ‐2022‐186 LIB $ 1,702.83 SMARTBUS BOOKMOBILE PILOT SERVICE AGREEMENT 67 07/06/22
360 CIVIC, INC AG N ‐2022‐187 IT $ 50,000.00 ON‐CALL WEB SERVICES 68 07/06/22 AEF SYSTEMS CONSULTING, INC. AG N ‐2022‐245 PRCS 50,000.00$ CONSULTANT FOR ZOO TICKET/CIVIC REC SOFTWARE 69 07/07/22 ARGO ENTERPRISES INC. dba UNISHIELD AG N ‐2022‐188 PWA $ 25,000.00 FIRST AID SUPPLIES AND SAFETY SERVICES 70 07/07/22 BORDERLAN SECURITY PO 125107 IT 2,653.00$ ADDITIONAL LICENSES: CROWDSTRIKE 71 07/07/22 NATHAN T WRIGHT ILLUSTRATION, LLC AG N‐2022 ‐189 PWA $ 50,000.00 CUSTOM ILLUSTRATION PROJECT SERVICES 72 07/08/22 GET CPR CERTIFIED AG N ‐2022‐197 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐CPR CERTIFICATION 73 07/11/22 CDW GOVERNMENT INC PO 125111 IT 7,157.50$ SOFTWARE RENEWAL: TREND MICRO 74 07/11/22 WALTERS WHOLESALE ELECTRIC CO PO 125109 PWA 1,054.04$ AAA ALKALINE BATTERIES 75 07/12/22 ADAMSON POLICE PRODUCTS PO 125113 POL 5,842.97$ SIMUNITIONS HELMET ‐ BLUE 76 07/12/22 B&H PHOTO VIDEO PO 125112 PWA 550.40$ KEYBOARD + MOUSE COMBO 77 07/12/22 B&H PHOTO VIDEO PO 125114 HR 2,147.42$ ID CARD PRINTER 78 07/13/22 ASSOCIATED BAG COMPANY PO 125120 POL 1,659.32$ 16"X12"X35" UNPRINTED PAPER BAGS 79 07/13/22 CLEARTEC PACKAGING PO 125118 POL 999.42$ CLEAR PLASTIC TUBE ‐ PACKAGING 80 07/13/22 GREENFIELDS OUTDOOR FITNESS PO 125121 PRCS 1,638.75$ FOOT RESTS & RUBBER HAND GRIPS ‐ GARFIELD PARK 81 07/13/22 IDENTITY AUTOMATION LP PO 125116 POL 13,394.50$ MULTI FACTOR AUTHENTICATION ANNUAL RENEWAL 82 07/13/22 LYNN PEAVEY COMPANY PO 125119 POL 2,067.41$ EVIDENCE TAPE, RED 83 07/13/22 MSA SYSTEMS INC PO 125117 POL 1,442.76$ WAX RIBBON CARTRIDGES 84 07/13/22 SHOWTIME DANCE ACADEMY, INC. AG N ‐2022‐190 PRCS $ 25,000.00 DANCE CLASSES CONSULTING SERVICES 85 07/14/22 PLAYPOWER LT FARMINGTON INC PO 125124 PRCS 1,306.34$ ANTI WRAPS FOR SWING SEATS‐ DELHI PARK 86 07/15/22 ALLIANCE CONSULTING SERVICES AG N ‐2022‐210 PWA 49,500.00$ RIGHT‐OF‐WAY ADMIN CONSULTANT 87 07/15/22 BRITTANY PEREZ AG N ‐2022‐204 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐DANCE FITNESS 88 07/15/22 GOVCONNECTION INC PO 125126 IT 6,513.02$ SOFTWARE RENEWAL: RED HAT 89 07/15/22 SCENTURION K9 CONSULTING PO 125127 POL 2,400.00$ K‐9 ANNUAL MAINTENANCE TRAINING 90 07/18/22
CHATTEL, INC AG N ‐2022‐194 PBA $ 20,000.00 HISTORIC RESOURCES SERVICES 91 07/18/22 TOTAL IMAGING SOLUTIONS LLC PO 125129 LIB 935.00$ MICRO FILM SCANNER SERVICE RENEWAL 92 07/19/22 CB PACIFIC INC PO 125132 POL 7,439.37$ GE DIGITAL SOFTWARE RENEWAL
City Council
10 – 4
12/20/2022
No. Date Vendor Name Type Number Agency Amount Description 93 07/19/22 DAVE BANG ASSOCIATES INC PO 125134 PRCS 2,428.57$ PLAYGROUND EQUIPMENT‐ BRIDGE PLANK 94 07/19/22 NETXPERTS INC PO 125133 IT 18,214.72$ MAINT. RENEWAL: CISCO SMARTNET 95 07/20/22 COAST RECREATION INC PO 125136 PRCS 813.49$ PLAYGROUND EQUIPMENT (SLIDE PARTS)‐ BOMO KORAL 96 07/20/22 GET CPR CERTIFIED AG N ‐2022‐197 PRCS $ 25,000.00 CPR/AED CLASSES CONSULTING SERVICES 97 07/20/22 INTERNATIONAL CODE COUNCIL INC PO 125135 PBA 1,095.22$ 2021 INT. PROPERTY MAINT. BOOK 98 07/20/22 THANH THUY VO dba THUY VO DANG AG N ‐2022‐198 LIB $ 250.00 SPEAKER/PERFORMER SERVICES 99 07/21/22 COAST RECREATION INC PO 125137 PRCS 1,667.29$ SLIDE ENTRANCE EQUIPMENT ‐ EDNA PARK 100 07/26/22 QUADIENT INC. PO 125140 FMS 2,128.72$ MAIL MACHINE ANNUAL SOFTWARE SUPPORT & MAINT 101 07/26/22 ROD ‐WEST FLOORING COVERING LLC PO 125142 PWA 77,016.23$ FLOORING REPLACEMENT ‐ CITY YARD BLDG A 102 07/26/22 SUPERIOR PROPERTY SERVICES, INC. AG N ‐2020‐082‐01 CDA $ 10,250.00 ANTI‐GRAFFITI COATING SERVICES 103 07/27/22 B&H PHOTO VIDEO PO 125143 HR 832.20$ SOUND LECTERN 104
07/27/22 BAT JAC GLASS INC PO 125145 PWA 6,989.80$ WINDOW BOARD UP SERVICES ‐ CORBIN/SOUTHWEST SENIOR CTR 105 07/27/22 CONTRACTSAFE LLC PO 125148 PWA 3,588.00$ CONTRACT MANAGEMENT SOFTWARE RENEWAL 106 07/27/22 G&S CARPET MILLS INC PO 125144 PWA 3,950.00$ FLOORING REPLACEMENT IN COUNCIL CHAMBERS 107 07/27/22 LN CURTIS & SONS INC PO 125147 POL 2,232.22$ BALLISTIC PLATE 108 07/28/22 CHINOOK MEDICAL GEAR INC PO 125149 POL 21,275.78$ CUSTOM INDIVIDUAL FIRST AID KITS 109 07/28/22 NATIONAL TESTING NETWORK AG N ‐2022‐125‐01 POL $ 2,250.00 POLICE RECRUITMENT SERVICES 110
07/29/22 B&H PHOTO VIDEO PO 125153 PRCS 713.49$ POSTER PAPER 111 07/29/22 BOOMERS IRVINE PO 125152 PRCS 2,347.22$ ADMISSION TICKETS 112 07/29/22 HCI SYSTEMS INC PO 125154 POL 595.00$ PD BUILDING ACCESS CARDS 113 07/29/22 SAFETYCULTURE PTY LTD PO 125151 PWA 4,332.00$ SAFETY INSPECTION SOFTWARE ANNUAL FEE 114 08/01/22 ADVANCED ALARM & FIRE INC. BOC 7566 PRCS 8,000.00$ FIRE & SECURITY ALARM SERVICES AND MAINTENANCE 115 08/01/22 B&H PHOTO VIDEO PO 125155 POL 4,973.56$ TRIPOD SYSTEM 116 08/01/22 BARNES UPHOLSTERY INC BOC 7546 PWA 7,500.00$ VEHICLE UPHOLSTERY REPAIRS 117
08/01/22 JENDCO SAFETY SUPPLY PO 125156 PWA 587.52$ TRIPOD STANDS 118 08/01/22 KIMBALL MIDWEST BOC 7554 PWA 15,000.00$ FLEET FASTENERS, HARDWARE 119 08/01/22 LESLIES SWIMMING POOL SUPPLIES BOC 7582 PRCS 6,500.00$ POOL MAINT CHEMICALS & SUPPLIES 120 08/01/22 MAKAI SOLUTIONS BOC 7596 PWA 10,000.00$ HYDRAULIC LIFT REPAIR 121 08/01/22 PACIFIC COAST ENTERTAINMENT BOC 7568 PWA 5,000.00$ GEL SHEETS FOR WATER TANK LIGHTING 122 08/01/22 POM INCORPORATED PO 125157 CDA 7,101.26$ PARKING METER VICTORIAN SLEEVES 123 08/02/22 CHERUB EXECUTIVE SERVICES AG N ‐2022‐164‐01 PRCS $ 25,000.00 SECURITY SERVICES 124 08/02/22 COMMUNITY SENIORSERV, INC. AG N ‐2022‐206 PRCS $ 50,000.00 MEALS ON WHEELS FOR SENIOR MEAL PROGRAMS 125 08/02/22 MCCS‐MARINE CORPS COMMUNITY SERVICES AG N ‐2022‐205 POL $ 450.00 SPONSORSHIP AGREEMENT 126 08/02/22 PEREZ, BRITTANY LOUISE AG N‐2022 ‐204 PRCS $ 25,000.00 GOR DANCE FITNESS CLASS INSTRUCTION 127 08/02/22 RON TURLEY ASSOCIATES INC PO 125159 PWA 3,000.00$ FLEET SOFTWARE UPGRADE ‐ CUSTOM REPORTS 128 08/03/22 ALLIANCE CONSULTING SERVICES INC. AG N ‐2022‐210 PWA $ 49,500.00 REAL ESTATE AND RIGHT‐OF‐WAY COORDINATION SERVICES 129 08/03/22 COLON, ALEJANDRA AG N ‐2022‐207 CMO $ 50,000.00 CITY COUNCIL AIDE 130 08/03/22 LAM, DUSTIN AG N ‐2022‐209 CMO $ 15,000.00 CITY COUNCIL AIDE 131 08/03/22 PHAM, MINH AG N ‐2022‐208 CMO $ 10,000.00 CITY COUNCIL AIDE 132 08/04/22 ELITE SPECIAL EVENTS, INC. AG N ‐2022‐211 PRCS $ 31,950.00 EQUIPMENT AND STAFFING SERVICES 133 08/04/22
THE FRIDA CINEMA AG N ‐2022‐212 PRCS $ 22,660.00 OUTDOOR MOVIE SERVICES 134 08/09/22 ANKURA CONSULTING GROUP, LLC AG N‐2022 ‐215 CAO $ 50,000.00 ENGAGEMENT LETTER 135 08/09/22 HCI SYSTEMS INC PO 125162 PWA 19,740.00$ FIRE STATION 71 SPRINKLER REPAIR 136 08/09/22 ROBERTO ZAVALA dba COSMOS EVENT RENTALS AG N‐2022 ‐214 LIB $ 32,000.00 EVENT EQUIPMENT RENTAL SERVICES 137 08/09/22 SIGN ‐A‐RAMA PO 125163 PWA 686.93$ POSTERS ‐ TEMPORARY NO PARKING 138 08/11/22 BAY AREA DRIVING SCHOOL AG N‐2022 ‐219 PRCS $ 25,000.00 ONLINE DRIVING CLASSES 139 08/11/22 BEST WAY LAUNDRY SOLUTIONS PO 125166 POL 32,189.60$ COMMERICAL WASHING MACHINE FOR JAIL 140 08/11/22 QUADIENT INC. PO 125165 FMS 1,055.84$ MAIL INSERTER MAINTENANCE AGREEMENT
City Council
10 – 5
12/20/2022
No. Date Vendor Name Type Number Agency Amount Description 141 08/12/22 CABLESANDKITS.COM PO 125168 IT 8,491.33$ NETWORK EQUIP: CISCO 3850 LAN SWITCHES‐QTY. 2 142 08/12/22 CALIFORNIA MUNICIPAL STATISTIC PO 125171 FMS 550.00$ COMPREHENSIVE ANNUAL FINAN RPT 143 08/12/22 DIVERSIFIED WHOLESALE GROUP, PO 125167 POL 573.13$ DISPOSABLE FACE MASKS 144 08/12/22 MUNISERVICES / AVENU INSIGHTS PO 125170 FMS 1,360.00$ COMPREHENSIVE ANNUAL FINANC RPT 145 08/12/22 THE VEST MAN PO 125169 POL 1,289.15$ POLICE VEST ‐ 11X4 READS POLICE 146 08/15/22 AMERICAN LIBRARY ASSOCIATION PO 125173 LIB 874.00$ LIBRARY CARDS ‐ BABY YODA 147 08/15/22 B&H PHOTO VIDEO PO 125179 LIB 961.62$ CAMCORDER CASE SONY SCS‐45 148
08/15/22 BAT JAC GLASS INC PO 125177 POL 8,788.90$ GLASS DOOR & WINDOW REPLACEMENT 149 08/15/22 BIOBAG AMERICAS INC PO 125174 PRCS 7,246.31$ 32‐GAL BIO LINERS 150 08/15/22 JAMI CONSTRUCTION PO 125176 PWA 4,960.00$ WALL/DOOR REMOVAL ‐ CITY YARD 151 08/15/22 LC ACTION POLICE SUPPLY PO 125178 POL 4,996.52$ DUTY GUN HOLSTERS 152 08/15/22 METRON ‐FARNIER LLC PO 125172 PWA 819.38$ WATER METER ANTENNA 153 08/16/22 ANAHEIM RESTAURANT SUPPLIES PO 125181 POL 13,000.75$ HOSHIZAKI ICE MAKER ‐ CUBE STYLE 154 08/16/22 BEETRONICS INC PO 125180 POL 1,024.38$ CCTV MONITOR 10" FOR CONTROL ROOM 155
08/16/22 MERRITT STUDIO AG N‐2022 ‐224 PRCS 20,000.00$ DESIGN SERVICES FOR ACTIVITY GUIDE 156 08/16/22 MERRITT STUDIO, LLC. AG N‐2022 ‐224 PRCS $ 20,000.00 DESIGN SERVICES 157 08/16/22 SUNSET SIGNS & PRINTING INC PO 125183 PWA 540.79$ SARTC PARKING SIGNS (QTY 4) 158 08/17/22 BOBS BILLIARDS SERVICE PO 125186 PRCS 709.69$ SASC POOL TABLE RENOVATION 159 08/17/22 KNOTTS BERRY FARM PO 125189 PRCS 4,160.84$ ADMISSION TICKETS ‐ TEEN EXCURSION PROGRAM 160 08/17/22 MIWALL CORPORATION PO 125188 POL 4,520.00$ AMMO HORN 12GAUGE 100PK 161 08/17/22
REBECA KING AG N ‐2022‐226 PRCS $ 480.00 SPEAKER/PERFORMER SERVICES 162 08/17/22 ULINE INC PO 125187 PWA 3,318.35$ 4‐STEP SAFETY LADDERS AND PLATFORM TRUCK 163 08/18/22 FELT RIGHT LLC PO 125190 HR 3,330.36$ FELT ACOUSTIC PANELS 164 08/18/22 JAMI CONSTRUCTION PO 125192 PWA 4,945.00$ DOORWAY RELOCATION ‐ CITY YARD 2ND FLOOR 165 08/18/22 LEXISNEXIS RISK SOLUTIONS AG N‐2021 ‐101‐01 POL $ 50,000.00 MASTER SERVICES AGREEMENT 166 08/18/22 TILLEY CRANE INSPECTION PO 125191 PWA 4,200.00$ ANNUAL CERTIFICATION OF CRANES (14 UNITS) 167
08/20/22 THE CHARLES MACHINE WORKS INC. BOC 7629 PWA 25,000.00$ SEWER LINING MATERIAL & SUPPLIES 168 08/22/22 B&H PHOTO VIDEO PO 125193 PWA 1,580.16$ DOCUMENT SCANNER FUJITSU FI‐7260 169 08/22/22 CPACINC.COM PO 125195 IT 5,435.00$ SUBSCR RENEWAL: BARRACUDA 650 170 08/22/22 OUTDOOR CREATIONS INC PO 125197 PRCS 1,420.25$ TRASH CAN LINERS 171 08/23/22 BATAAN, JOE AG N ‐2022‐231 PRCS $ 8,920.00 LIVE PERFORMANCE AT CITY'S CHICANO HERITAGE FESTIVAL 172 08/23/22 CUMMINS ‐ALLISON CORP PO 125199 CDA 8,006.71$ COIN COUNTING MACHINE 173 08/23/22 FUNK FREAKS BOUTIQUE, INC. AG N ‐2022‐229 PRCS $ 1,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 174 08/23/22 GARCIA, FRANCINE AG N ‐2022‐230 PRCS $ 7,000.00 LIVE PERFORMANCE AT CITY'S CHICANO HERITAGE FESTIVAL 175 08/23/22 IAPMO PO 125198 PWA 577.39$ 2022 PLUMBING CODE BOOK 176 08/23/22 KAJEET INC PO 125201 POL 21,444.96$ NETCLOUD MOBIL ESSENTIALS PLAN ANNUAL RENEWAL 177 08/23/22 THEE SINSEERS, LLC AG N‐2022 ‐228 PRCS $ 3,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 178
08/24/22 COAST RECREATION INC PO 125204 PRCS 717.77$ CHAIN LADDER/RAIL ‐ ADAMS PARK 179 08/24/22 ESPARZA, SHARON AG N ‐2022‐235 PRCS $ 1,100.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 180 08/24/22 GRAND ENTERPRISES, LLC. AG N‐2022 ‐233 PRCS $ 3,500.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 181 08/24/22 GUTIERREZ, ROBERTO dba LIGHTER SHADE OF BROWN AG N ‐2022‐232 PRCS $ 3,500.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 182
08/24/22 METROPRO ROAD SERVICES INC PO 125202 PWA 3,805.00$ TOWING AND TIRE CHANGE SERVICES 183 08/24/22 MEYERS CONSTRUCTION CO PO 125206 PWA 10,660.00$ OFFICE EXPANSION AND INSULATION ROSS ANNEX 184 08/24/22 PLAYPOWER LT FARMINGTON INC PO 125203 PRCS 1,245.57$ GAME TABLE TOP AT ROSITA PARK 185 08/24/22 ROMO, ALYSSA dba VEL THE WONDER AG N ‐2022‐234 PRCS $ 2,000.00 LIVE PERFORMANCE AT CITYS CHICANO HERITAGE FESTIVAL 186
08/29/22 B&H PHOTO VIDEO PO 125210 POL 1,486.07$ CAMERA BATTERIES & ACCESSORIES 187 08/29/22 B&H PHOTO VIDEO PO 125211 POL 5,388.17$ LIGHT LOCATION KIT AND ACCESSORIES 188 08/29/22 DENISE ROBLES AG N‐2022 ‐274 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐DANCE FITNESS
City Council
10 – 6
12/20/2022
No. Date Vendor Name Type Number Agency Amount Description 189 08/29/22 GOLDEN STATE AUDIO VIDEO PO 125212 POL 26,798.94$ LG 65" LED‐UHD SMART TV FOR EOC 190 08/29/22 JOHN KALISKI ARCHITECTS, INC AG N ‐2022‐246 PBA 30,000.00$ URBAN DESIGN & ARCHITECTUAL 191 08/29/22 PATRICK A HURLEY AG N‐2022 ‐258 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐MUSIC CLASS 192 08/29/22 VECTOR RESOURCES, INC. AG N ‐2022‐242 IT $ 22,060.50 WIRELESS SITE SURVEY SERVICES 193 08/30/22 AEF SYSTEMS CONSULTING, INC. AG N ‐2022‐245 PRCS $ 50,000.00 SOFTWARE UPPORT SERVICES 194 08/30/22
BERTLITZ LANGUAGE SERVICES AG N ‐2022‐243 HR $ 50,000.00 LANGUAGE PROFICIENCY TESTING 195 09/01/22 APPLE INC PO 125217 IT 830.30$ 20W USB‐C POWER ADAPTER 196 09/01/22 DENNYS DIAZ PADILLA AG N ‐2022‐260 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐DANCE & MUSIC FOLKTALES 197 09/01/22 EPOWER NETWORK LA LP BOC 7597 POL 15,000.00$ GENERATOR & UPS BATTERY MAINT & REPAIRS 198 09/01/22 EXPRESS MODULAR SYSTEMS BOC 7661 CDA 5,000.00$ MODULAR FURNITURE INSTALL & TEAR DOWNS 199
09/01/22 GRIFFIN ACE HARDWARE BOC 7541 CITYWIDE 12,500.00 $ LUMBER, TOOLS, HARDWARE 200 09/01/22 IRV SEAVER MOTORCYCLES BOC 7650 PWA 25,000.00$ BOC MOTORCYCLE REPAIRS & PARTS 201 09/01/22 JOHN KALISKI ARCHITECTS, INC. AG N ‐2022‐246 PBA $ 30,000.00 URBAN DESIGN AND ARCHITECTURAL CONSULTING SERVICES 202 09/01/22 MARTIN TORRES AG N‐2022 ‐256 PRCS 25,000.00$ RECREATION CLASS INSTRUCTOR‐KARATE 203 09/01/22 MICHAELS STORES INC BOC 7539 CITYWIDE 15,000.00 $ CRAFT AND ART SUPPLIES 204 09/01/22 MR D'S AUTOMOTIVE INC BOC 7547 PWA 15,000.00$ HEAVY DUTY VEHICLE PARTS & SERVICE 205
09/01/22 NEWEGG BUSINESS INC BOC 7538 CITYWIDE 20,000.00 $ COMPUTER, IT AND SUPPLIES 206 09/01/22 ORANGE COUNTY EMPLOYEES ASSOCIATION AG N ‐2022‐247 LIB $ 7,500.00 LICENSE AGREEMENT 207 09/01/22 RELAMPAGO DEL CIELO AG N‐2022 ‐248 LIB $ 300.00 SPEAKER/PERFORMER SERVICES 208 09/01/22 SCOTTS SCREENPRINTING BOC 7557 CITYWIDE 5,000.00$ SCREENPRINTED CLOTHING 209 09/01/22 TUTTLE‐CLICK INC BOC 7660 PWA 25,000.00$ FORD REPAIRS & PARTS 210 09/06/22 A&H REFRIGERATION INC PO 125220 PRCS 11,000.00$ AC UNIT FOR LOGAN CENTER 211 09/06/22 DEMCO INC PO 125219 LIB 533.54$ TAPING SYSTEM: DEMCO C‐27‐QTY. 4 212 09/06/22
DURAN, KIMBERLY dba THE HEAVY AG N‐2022 ‐252 POL $ 5,000.00 ARTWORK/MURAL PAINTING SERVICES 213 09/06/22 TECTA AMERICA SOUTHERN PO 125218 PWA 4,880.00$ ROOF LEAK REPAIR AT ROSS ANNEX 214 09/06/22 VOLCAN ADVERTISING AND ENTERTAINMENT AG N ‐2022‐251 PRCS $ 50,000.00 LIVE PERFORMANCES AT CITY'S FIESTAS PARTIAS EVENT 215 09/08/22 COSMOS EVENT RENTALS AG N‐2022 ‐255 PWA $ 50,000.00 EVENT EQUIPMENT RENTAL SERVICES 216
09/08/22 FARONICS TECHNOLOGIES USA INC PO 125224 IT 4,882.50$ SOFTWARE RENEWAL: DEEP FREEZE MAINTENANCE 217 09/08/22 MOYA, ABRAM JR. AG N ‐2022‐257 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 218 09/08/22 QUADIENT INC. PO 125225 FMS 22,089.26$ MAIL EQUIPMENT: FOLDER‐INSERTER 219 09/08/22 QUINTERO, ISABEL AG N‐2022 ‐253 LIB $ 1,000.00 SPEAKER/PERFORMER SERVICES 220 09/08/22 RON TURLEY ASSOCIATES INC PO 125223 PWA 8,450.00$ FLEET MAINT MANAGEMENT SOFTWARE RENEWAL 221 09/08/22 TORRES, MARTIN AG N ‐2022‐256 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 222 09/08/22
WEI, QUING AG N ‐2022‐254 LIB $ 888.00 SPEAKER/PERFORMER SERVICES 223 09/09/22 QUADIENT INC. PO 125226 FMS 5,242.19$ MAIL MACHINE MAINTENANCE AGREEMENT 224 09/12/22 DEPARTMENT OF CIVIC THINGS AG N ‐2022‐261 CMO $ 11,200.00 CITY WEBSITE SERVICES 225 09/12/22 HERNANDEZ, JOEL AG N‐2022 ‐259 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 226 09/12/22 HURLEY, PATRICK A. AG N ‐2022‐258 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 227 09/12/22 PADILLA, DENNYS DIAZ AG N ‐2022‐260 PRCS $ 25,000.00 RECREATION SERVICE AGREEMENT 228 09/13/22 ADAMSON POLICE PRODUCTS PO 125230 POL 24,167.47$ AVON BALLISTIC HELMETS 229 09/13/22 ADLERHORST INTERNATIONAL, LLC AG N‐2022 ‐262 POL $ 49,720.00 K‐9 TRAINING SERVICES 230 09/13/22 CUT ‐RATE BATTERIES LLC PO 125228 POL 3,450.93$ MOTOROLA 2‐WAY RADIO BATTERIES 231 09/13/22 THE CASTLE PRESS PO 125231 FMS 4,528.41$ CERTIFICATE OF RECOGNITION 232 09/14/22 BOBBY DEE PRESENTS, INC. AG N ‐2022‐263 PRCS $ 40,000.00 LIVE PERFORMANCE AT CITYS FIESTAS PATRIAS EVENT 233
09/14/22 IRV SEAVER MOTORCYCLES PO 125233 PWA 12,846.77$ VEHICLE REPAIR SERVICES 234 09/14/22 MEDICAL & SAFETY, INC. AG N ‐2022‐264 PRCS $ 2,988.00 STANDBY EMERGENCY MEDICAL SERVICES 235 09/15/22 BRIGHTLIFE DESIGN, LLC AG N‐2022 ‐271 CDA $ 50,000.00 DECORATIVE LIGHTS IN DOWNTOWN SANTA ANA 236 09/15/22 ESKILL CORPORATION PO 125238 HR 12,500.00$ SUBSCR. RENEWAL: ESKILL
City Council
10 – 7
12/20/2022
No. Date Vendor Name Type Number Agency Amount Description 237 09/15/22 MARTINEZ, RAUL "EL DIABLITO" AG N ‐2022‐267 PRCS $ 2,000.00 SPEAKER/PERFORMER SERVICES 238 09/15/22 PACIFIC ATHLETIC WEAR INC PO 125236 POL 2,227.21$ PAAL ATHLETICS BASEBALL T‐SHIRTS 239 09/15/22 SUPER ANTOJITOS EXPRESS PO 125235 PRCS 1,330.00$ CATERING SERVICES‐ LATINO HERITAGE 240 09/15/22 SUPER ANTOJITOS EXPRESS AG N‐2022 ‐266 PRCS $ 6,400.00 CATERING SERVICES‐ LATINO HERITAGE 241 09/15/22 XYBIX SYSTEMS INC PO 125237 POL 13,593.28$ A/V SYSTEMS UPGRADE FOR PD‐EOC 242 09/19/22 OUTDOOR CREATIONS INC PO 125245 PRCS 24,990.46$ OUTDOOR PICNIC TABLES ‐ 92 IN. 243
09/19/22 PACIFIC ATHLETIC WEAR INC PO 125244 POL 6,373.88$ BASKETBALL UNIFORMS SETS 244 09/19/22 RYDIN DECAL PO 125243 PWA 14,987.80$ PARKING PERMIT DECAL 245 09/20/22 CABLESANDKITS.COM PO 125246 IT 2,731.24$ CISCO ETHERNET SWITCH 246 09/20/22 GRANDE, REYNA AG N ‐2022‐273 LIB $ 1,000.00 SPEAKER/PERFORMER SERVICES 247 09/20/22 INSIGHT PUBLIC SECTOR PO 125247 IT 12,327.21$ SUBSCR. RENEWAL: FORTINET 248 09/20/22 LOPEZ, EDUARDO AG N ‐2022‐272 LIB $ 300.00 SPEAKER/PERFORMER SERVICES 249 09/20/22 NAKA ENGINEERING & CONSTRUCTIO PO 125232 PRCS 52,320.00$ LAWN BOWLING CLUBHOUSE DECK REPAIR AT SANTIAGO PARK 250
09/21/22 I LIKE VINYL PO 125248 POL 677.25$ ALUMINUM BATTING CAGE SIGN 251 09/22/22 G&S CARPET MILLS INC PO 125249 PWA 3,950.00$ STAIR NOSING IN COUNCIL CHAMBERS 252 09/22/22 INTERNATIONAL CODE COUNCIL INC PO 125250 PBA 1,402.10$ 2022 CA CODES COLLECTION 253 09/23/22 BIBLIOTHECA LLC PO 125254 LIB 2,678.06$ SERVICE TECHNICIAN CALL‐BOOK KIOSK REPAIR 254 09/23/22 CCS PRESENTATION SYSTEMS PO 125255 POL 3,552.50$ P.A. SYSTEM WIRELESS MICROPHONES 255 09/26/22 EXTREME CANOPY PO 125258 POL 2,529.14$ 10' X 20 ' HD CUSTOM CANOPY 256 09/26/22
ROBLES, DENISE AG N‐2022 ‐274 PRCS $ 25,000.00 ZUMBA FITNESS INSTRUCTOR 257 09/26/22 ULINE INC PO 125257 POL 4,920.24$ PAAL STORAGE & BUILDING CARTS & RACKS 258 09/27/22 BSN SPORTS LLC PO 125259 POL 4,978.67$ PAAL ATHLETICS ‐ SOFTBALL EQUIPMENT 259 09/27/22 KOTLER, EMILIANO AG N ‐2022‐278 CMO $ 30,000.00 CONSULTANT SERVICES ‐ CITY COUNCIL 260 09/27/22 MARTINEZ, DIAZ JONATHAN AG N ‐2022‐280 CDA $ 9,500.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 261 09/27/22 ROSALES, LISBETH AG N‐2022 ‐279 CMO $ 15,000.00 CONSULTANT SERVICES ‐ CITY COUNCIL 262 09/27/22 SANCHEZ CREATIVE ENTERPRISE LLC AG N‐2022 ‐281 CDA $ 8,500.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 263 09/27/22 STUDIOFOLIA AG N‐2022 ‐276 PRCS $ 600.00 SPEAKER/PERFORMER SERVICES 264 09/27/22 VIETNAMESE ARTISTS FRIENDSHIP DEVELOPMENT CENTER AG N‐2022 ‐275 PRCS $ 1,600.00 SPEAKER/PERFORMER SERVICES 265 09/27/22 VIETNAMESE LANGUAGE ACCESS/ASSISTANCE AG N ‐2022‐277 PRCS $ 2,400.00 SPEAKER/PERFORMER SERVICES 266 09/28/22 CALLYO PO 125260 POL 4,932.00$ CALLYO ANNUAL SUBSCRIPTION RENEWAL 267
09/28/22 CELLEBRITE USA CORPORATION PO 125261 POL 5,331.40$ CELLEBRITE UFED ANNUAL RENEWAL 268 09/28/22 INNOVATIVE PHOTO BOOTH PO 125264 PRCS 700.00$ PHOTO BOOTH DAY RENTAL 269 09/28/22 LUYEN, VYVYENNE AG N‐2022 ‐283 CDA $ 1,000.00 SPEAKER/PERFORMER SERVICES 270 09/28/22 MASCORRO, JOSE AG N‐2022 ‐284‐01 CDA $ 10,000.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 271 09/28/22 PEN ‐LINK LTD PO 125265 POL 31,652.25$ PENLINK PLX SOFTWARE ANNUAL RENEWAL 272 09/28/22 QING WEI LION AND DRAGON DANCE CULTURAL TROUPE AG N ‐2022‐282 CDA $ 2,200.00 SPEAKER/PERFORMER SERVICES 273 09/28/22 SOURCE GRAPHICS PO 125263 PWA 8,846.85$ PLOTTER PRINTER HP DESIGNJET T830 36" eMFP 274 09/29/22 CALTRANS AG N ‐2022‐287 PWA $ 2,500.00 GENERAL TRAFFIC SIGNAL SYNCHRONIZATION 275 09/29/22 OASIS COMPANIES INTERNATIONAL AG N ‐2022‐286 CDA $ 19,506.00 ARTS AND CULTURE ARTIST GRANT PROGRAM 276 09/29/22 SOLARWINDS.NET INC PO 125266 PWA 4,430.00$ SOFTWARE MAINTENANCE RENEWAL 277 09/29/22 STERLING HEALTH SERVICES AG N ‐2019‐252‐01 HR $ 50,000.00 AFFORDABLE CARE ACT COMPLIANCE
City Council
10 – 8
12/20/2022
3,788,220.61$
547,587,155.34$
0.69%
Agency/Department
City Attorney’s Office (CAO)
Clerk of the Council (COC)
City Manager’s Office (CMO)
Community Development (CDA)
Citywide
Finance & Management Services (FMS)
Human Resources (HR)
Information Technology (IT)
Library (LIB)
Parks, Rec. & Comm. Services (PRCS)
Planning and Building (PBA)
POL (POL)
Public Works (PWA)
Total
Summary
Total this period
Citywide budget excluding compensation
Percentage of budget amount
Total This Quarter Fiscal Year‐to‐Date
50,000.00$ 50,000.00$
‐$ ‐$
131,200.00$ 131,200.00$
50,923.05$
141,063.97$ 141,063.97$
603,000.00$ 603,000.00$
38,954.42$ 38,954.42$
904,492.41$ 904,492.41$
3,892,220.71$ 3,892,220.71$
1,072,354.14$ 1,072,354.14$
109,997.32$ 109,997.32$
480,129.10$ 480,129.10$
118,809.98$ 118,809.98$
191,296.32$ 191,296.32$
50,923.05$
City Council
10 – 9
12/20/2022
Finance and Management Services
www.santa-ana.org/finance
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Budget Calendar for Fiscal Year 2023-2024
AGENDA TITLE:
Budget Calendar for Fiscal Year 2023-2024
RECOMMENDED ACTION
Approve the Budget Calendar for Fiscal Year 2023-2024.
DISCUSSION
Under the direction and leadership of the City Manager, a Budget Calendar (“Calendar”) has been developed by the Finance and Management Services Agency. The Calendar (Exhibit 1) is provided for City Council consideration as a document that sets the parameters for a successful and transparent budget process. The proposed Calendar provides a framework of key tasks and dates for City Council, the community, and city staff.
Financial Updates, Budget Discussions, and Process
The first major item presented to City Council is the Mid-Year (2nd Quarter) Report, which is scheduled for February 21, 2023. The Mid-Year Budget Report provides a financial update on current general fund revenues and expenditure trends, recommended budget adjustments and workforce changes.
Beginning in mid-March, staff will present a framework for the Fiscal Year 2023-2024 Budget Discussion and seek direction from City Council. Discussion topics may include but are not limited to City Council priorities and strategies on funding programs and/or services.
Community Budget Meetings are planned for March and April 2023 to gather community input. During this time, the Budget Team also begins conducting budget hearings with City departments. These hearings provide departments an opportunity to propose any organizational changes, budget requests, and enhancements to existing programs. Staff will attend neighborhood meetings for any groups requesting to meet, but the plan is to focus public outreach efforts on City events this spring.
City Council
11 –
1 12/20/2022
Approve the FY 23-24 Budget Calendar
December 20, 2022
3 1
2 3
On May 2, 2023, staff has planned for a Third Quarter General Fund update including updated revenue and expenditure trends, a Ten-Year General Fund Financial Outlook, and preliminary Capital Improvement Program (CIP) update. This provides an additional opportunity for further FY 2023-2024 budget discussion by City Council. The calendar includes placeholders for three City Council budget workshops in May.
Subsequently, during May and June of 2023, staff has planned to present multiple iterations of the Citywide Operating Budget and CIP. A public hearing (first reading) is planned for June 6, 2023, and the final adoption (second reading) will occur on June 20, 2023.
The Calendar commences on December 20, 2022, and concludes with the adoption of the FY 2023-2024 Citywide Operating Budget and CIP which is effective July 1, 2023.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Fiscal Year 2023-2024 Budget Calendar
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council
11 –
2 12/20/2022
Approval of Budget Calendar
Present FY 2023-2024 Budget Calendar for City Council Approval FY 2022-23 Mid-Year Budget Report
Mid-Year Budget Report to City Council (2nd Quarter Update) 20 DEC
Fiscal Year 2023-2024 Budget Calendar*
Begin New Fiscal Year
*Budget Calendar is subject to change
16 MAY
June 6, 2023-Public Hearing
Citywide Operating Budget/CIP Ordinance, Miscellaneous Fees, and Personnel Resolution
June 20, 2023-Second Reading and Adoption
Final Citywide Operating Budget/CIP Ordinance Adoption
21 FEB
Community Budget Meetings and Budget Hearings
Measure X Oversight Committee Hearing (March 8)
Youth Commission Meeting
Internal Budget Hearings with City Departments
Community Budget Meetings with General Public
FY2022-23 Mid-Year Budget Report
Mid-Year Budget Report to City Council (2nd Quarter Update) JUN
Preliminary Capital Improvement Program (CIP) to
Planning Commission
City Council Budget Policy Discussion
City Council Establishes Early Direction
27 FEB
MAR/APR
21 MAR
City Council Meeting
FY 2023-2024 Budget Discussion
FY 2022-2023 Budget Status (3rd Quarter Update)
Ten-Year General Fund Financial Outlook
Preliminary Capital Improvement Program (CIP)
2 MAY
Proposed FY 2023-24 Budget/CIP
City Council Work Session
City Manager’s Proposed FY 2023-2024 General Fund Budget Includes CIP, Miscellaneous Fees, and Workforce Changes City Council Work Session
Prioritization of Funding Requests and Further Direction TBD MAY 1 JUL Begin New Fiscal Year
EXHIBIT 1
City Council
11 –
3 12/20/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: 2023 Regular City Council Meeting Calendar
AGENDA TITLE:
Approve the Annual Calendar of Regular City Council Meetings for 2023
RECOMMENDED ACTION
1. Review calendar of regularly scheduled City Council meetings in 2023.
2. Cancel the regularly scheduled City Council meeting for January 3, 2023 and July 4, 2023.
3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code.
DISCUSSION
Consistent with past practice, the City Council has canceled the first meeting of the year and a meeting during the summer months. Due to the Fourth of July holiday falling on a City Council meeting Tuesday, staff is recommending the cancelation of the July 4, 2023 meeting. If the City Council cancels any regularly scheduled meeting, they will resume consideration of agenda items at their next regularly scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required by the Brown Act.
The 2023 Master Calendar and agendas for all regular and special meetings will be posted on the City's website at http://www.santa-ana.org/agendas-and-minutes. City Council meetings are typically held in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701 or as otherwise noted on the agenda.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council
12 –
1 12/20/2022
2023 Regular City Council Meeting Calendar
December 20, 2022
3 1
4 1
EXHIBIT(S)
1. 2023 Calendar of City Council Meetings
Submitted By: Norma Orozco, Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager
City Council
12 –
2 12/20/2022
Draft
SMTWT F S SMTWT F S SMTWT F S
1234567 1234 1234
89 1 0 1 1 1 2 1 3 1 4 56789 1 0 1 1 56789 1 0 1 1
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31
SMTWT F S SMTWT F S SMTWT F S
1 123456 123
2345678 789 1 0 1 1 1 2 1 3 456789 1 0
91 01 11 21 31 41 5 1 41 51 61 71 81 92 0 1 11 21 31 41 51 61 7 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30 SMTWT F S SMTWT F S SMTWT F S
1 12345 12
2345678 6789 1 0 1 1 1 2 3456789
91 01 11 21 31 41 5 1 31 41 51 61 71 81 9 1 01 11 21 31 41 51 6 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31
SMTWT F S SMTWT F S SMTWT F S
1234567 1234 12
89 1 0 1 1 1 2 1 3 1 4 56789 1 0 1 1 3456789
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31 HOLIDAY - CITY HALL CLOSED
CITY HALL CLOSED - 9/80 WORK SCHEDULE
CITY COUNCIL REGULAR MEETING (January 3 and July 4 Canceled) Council Committees - Regular Standing Meetings
* Special Meetings may be scheduled 24-hours in advance (as permitted by the Brown Act).
For a copy of Agenda and meeting location, please refer to City's website at: www.santa-ana.org/agendas-and-minutes/ Santa Ana City Council Meetings Schedule
April May June
2023
October November December
MarchFebruaryJanuary
July August September
City Council
12 – 3
12/20/2022
Library
www.santa-ana.org/departments/library/
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Building Forward: Library Infrastructure Grant Agreement AGENDA TITLE:
Approve an Agreement and Appropriation Adjustment Recognizing Grant Revenue in an amount not to exceed $9,329,973 for the California State Library Building Forward Library Infrastructure Grant Program
RECOMMENDED ACTION
1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds in the amount of $9,329,973 for the Building Forward Library Infrastructure Grant Program, beginning upon execution and ending March 31, 2026, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment to recognize $9,329,973 in grant revenue from the California State Library and appropriate $9,329,973 into the appropriate expenditure accounts to implement the program. (Requires five affirmative votes)
DISCUSSION
On March 15, 2022, the City Council approved Resolution No. 2022-020, authorizing the submission of the Building Forward: Library Infrastructure Grant application to the California State Library, acceptance of funds if awarded, and designating the Library Services Director as the authorized representative to enter into the grant. The Library Director stated he would return to the City Council to approve the grant agreement and recognize and appropriate funds if awarded.
In September 2022, the Library Services Agency was notified that it was awarded $9,329,973 in grant funds from the Building Forward Program. The one-time funding is intended to address critical maintenance needs and public safety improvements at the Library.
The Library will incorporate the grant-funded scope of work into its larger Main Library Transformation Project, which is funded through the Revive Santa Ana Spending Plan.
City Council
13 –
1 12/20/2022
Building Forward: Library Infrastructure Grant Agreement December 20, 2022
3 1
1 5
The project is currently in design, with construction anticipated to be complete in 4th quarter 2025.
The Building Forward Grant project scope will include:
•ADA upgrades
•Refurbish existing elevator
•Construct new accessible elevator
•Upgrade mechanical, electrical, and plumbing systems
•HVAC Replacement
•Fire sprinkler and alarm system modifications
•Marble façade safety improvements
•Mold/hazardous materials abatement
•Window Restoration
•Seismic Restoration
The State Library approved the Library’s request for a 100 percent reduction in the required local match contribution so no matching funds will be required of the City. The grant funding will need to be fully expended by March 31, 2026.
Per the request of the California State Library, the Library Services Director, as the designated authorized representative, will execute the Grant Agreement via the online signature platform, DocuSign. The State Library has provided a sample agreement with a “Draft” watermark, which has been reviewed and approved to form by the City Attorney’s Office, and included with the Staff Report.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
An appropriation adjustment to recognize $9,329,973 in the State Grant - Direct revenue account (15211002-52025) and appropriate funds to the respective expenditure accounts is shown below:
Fiscal
Year
Accounting Unit
– Account Number
Fund
Description
Accounting Unit,
Account Description Amount
FY 22-23 15211154-66200 Public Library
Grant Fund
Building Forward
Library Grant –
Buildings & Building
Improvements
$4,664,987.00
City Council
13 –
2 12/20/2022
Building Forward: Library Infrastructure Grant Agreement December 20, 2022
3 1
1 5
FY 23-24 15211154-66200 Public Library
Grant Fund
Building Forward
Library Grant –
Buildings & Building
Improvements
$4,664,986.00
EXHIBIT(S)
1. Grant Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager
City Council
13 –
3 12/20/2022
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DRAFT
City Council
13 –
4 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES AND REQUIREMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS 22
EXHIBIT C: CERTIFICATION AND COMPLIANCE FORM 28
A. Certification 32
EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES 34
DRAFT
City Council
13 –
5 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
PROJECT SUMMARY
Award Agreement between the California State Library and City of Santa Ana for the SANTA ANA PUBLIC LIBRARY - Main Library project.
AWARD AGREEMENT NUMBER BF-1-21-053
This Award Agreement (“Agreement”) is entered into on the date of execution of the agreement by and between the California State Library (“State Library”) and City of Santa Ana (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded project at the SANTA ANA PUBLIC LIBRARY - Main Library.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $9,329,973 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
DRAFT
City Council
13 –
6 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until March 31, 2026. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on March 31, 2026, and all grant project costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s submitted application and award packet.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee’s award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule DRAFT
City Council
13 –
7 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
D. Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
Project start date
– March 2023
Financial Reports Due May 1, 2023
April 2023 -June
2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2023
July 2023 –
September 2023
Financial Reports Due October 31, 2023
October 2023-
December 2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2024
January 2024-
March 2024
Financial Reports Due April 30, 2024
April 2024 -June
2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2024
July 2024–
September 2024
Financial Reports Due October 31, 2024
DRAFT
City Council
13 –
8 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
October 2024-
December 2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2025
January 2025-
March 2025
Financial Reports Due April 30, 2025
April 2025 -June
2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2025
July 2025–
September 2025
Financial Reports Due October 31, 2025
October 2025-
December 2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 30, 2026
January 2026-
March 2026
Final Financial, Narrative, and Expenditure
Reports Due
April 30, 2026
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
E. Claim Form and Payment
1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation.
2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options.
DRAFT
City Council
13 –
9 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% will be withheld and retained by the State Library (if applicable) until all conditions agreed upon in this Agreement have been satisfied.
7. Prompt Payment Clause
The State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
DRAFT
City Council
13 –
10 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project materials are not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials and publications related to the SANTA ANA PUBLIC LIBRARY - Main Library Project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
DRAFT
City Council
13 –
11 12/20/2022
City of Santa Ana
Main Library
2021-2022 BF-1-21-053
“Funding provided by the State of California.”
This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. California State Library Logo: Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
d. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization’s image release form, or contact the State Library grant monitor for a sample image release form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable Law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any DRAFT
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records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant monitor or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
City of Santa Ana
Brian Sternberg
20 Civic Center Plaza
Santa Ana, CA 92701
[email protected]
(714) 647-5296
California State Library
Libby Carlson
900 N Street
Sacramento, CA 95814]
[email protected]
(916) 603-6705
1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the DRAFT
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Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the State Library pursuant to this section. Also, the State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance and approval of the final report by State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt of the Notice of Dispute, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
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a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the project funded through this Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with DRAFT
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sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
12. Failure to Perform: The grant being utilized by the Grantee is to benefit the SANTA ANA PUBLIC LIBRARY - Main Library Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withheld.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee DRAFT
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pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application, and award agreement and accompanying documentation submitted. The grantee will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
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23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
24. License to Use: The State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the Grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the State Library to the Grantee under this Agreement shall not exceed $9,329,973 and shall be expended/encumbered in the designated award period.
During the award period, the Grantee may find that the approved budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical DRAFT
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disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (Email): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last email address of the recipient known to the party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the Grantee’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, DRAFT
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of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s approved outputs from the submitted application (including Budget and Implementation plan submitted as part of the required award documents)
g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Implementation Plan submitted as part of the required award documents. The State Library shall provide funding to the Grantee for only the work and tasks specified in the list of approved outputs at only those costs specified in the Budget submitted as part of the required award documents and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Implementation Plan in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Implementation Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
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e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library.
36. Public Records Act: Material maintained or used by the State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.
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37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
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mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner:
1)
$4,664,987 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization.
2) The second payment in the amount of $3,731,989 after the submission and approval of the January 31, 2024 report and receipt, by the State Library, of a completed claim form unless:
i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2024, the grantee must provide documentation to the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee’s January 31, 2024, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed.
3) A final payment in the amount of
$932,997 will be made upon
submission and approval of the final interim grant report and financial claim form.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State DRAFT
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Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library’s rights or of any of Grantee’s obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library.
49. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
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EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS
1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24).
2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).
Information on CEQA may be found in the California State Clearinghouse Handbook.
3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding.
4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met.
5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors (“Contractor”), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only DRAFT
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contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed.
6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant-funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements.
Insurance:
a. Casualty Insurance
i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows:
1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance.
2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1.
b. Workers’ Compensation and Employer’s Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700.
ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work:
1) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than:
1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease v. If there is an exposure of injury to the Contractor's employees under the U.S.
Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
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c. General Liability Insurance
i. The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for:
A. Premises, operations, and mobile equipment
B. Products and completed operations
C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards
E. Personal injury
F. Contractual liability
ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d)(i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers.
Public works construction projects, as defined in Labor Code Section 1720 et seq, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects.
d. LIABILITY LIMITS/ADDITIONAL INSUREDS
i. The limits of liability shall be at least the amounts shown in the following table:
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Construction
Contract
Amount 4
For Each
Occurrence1
Aggregate for
Products/
Completed
Operation
General
Aggregate2
Umbrella or
Excess
Liability3
≤$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000
≤$15,000,000
$1,000,000
$2,000,000
$2,000;000
$10,000,000
>$15,000,000
≤$25,000,000
$2,000,000
$2,000,000
$4,000,000
$15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000
1. Combined single limit for bodily injury and property damage.
2. This limit shall apply separately to the Contractor's work under this contract.
3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds.
7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay.
8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project.
9. Grantee’s Responsibility: Grantee and its representatives shall:
a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee.
b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds.
c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project.
f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds.
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g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period.
10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California’s interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection.
11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the SANTA ANA PUBLIC LIBRARY - Main Library Project. Interest funds cannot be used as local matching funds.
12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted.
Maintenance and operations standards should be adopted upon completion of the project.
13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1d) Grantees shall be required to match state funds on a dollar-for- dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows:
a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed
b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half.
c. For each library with an LIPC of $15 of less, the local match may be eliminated.
14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, DRAFT
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and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies.
15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.
16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee’s approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. “Approved Costs” shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application.
17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
18. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent.
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EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to implement this grant-funded project.
I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
I certify that any or all other participants or contractors in the grant-funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian.
I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed.
The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form.
2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $9,329,973. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian.
3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Santa Ana will provide a cash match in the amount of $0. The matching funds (if applicable) will be expended during the grant period at the same rate as the state- provided grant funds.
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4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.
5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
6. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
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a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)).
8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
10. RESOLUTION: A county, city, district, or other local public body must provide the State Library with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
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12. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
13. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards.
14. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws.
15. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with California State Library acknowledgement requirements.
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Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
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Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date: Click or tap here to enter text.
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian DRAFT
ATTEST:
_________________________
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: _________________________
Brandon Salvatierra
Deputy City Attorney
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EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
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AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
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November 1, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814
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Building Forward
Round 1
Grant Monitor Checklist
• Final Project Budget
• Final Project Implementation Plan
• Resolution from the grantee organization’s governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization
• Grant Agreement and Certification of Compliance
If required based on specific project
• A letter from the grantee organization’s Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.)
• A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.)
All relevant documents received and approved by Libby Carlson.
_______________________________
Grant Monitor Signature
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Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Appropriate Additional Construction Funding
AGENDA TITLE
Approve an Appropriation Adjustment and Additional Contingency Funds for Existing Contracts for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project 17-6880) (Non-General Fund)
RECOMMENDED ACTION
1. Authorize a budget reallocation of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23-6899).
2. Authorize a budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880) from Right of Way Management FY 22/23 (No. 23-6900).
3. Approve an appropriation adjustment to recognize $400,000 from Orange County Transportation Authority OC Streetcar Funding in the Select Street Construction, Expense Reimbursement revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account (Requires five affirmative votes).
4. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $750,000 in construction funds for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880).
DISCUSSION
On December 17, 2019, the City Council awarded a construction contract to Vido Samarzich, Inc. (Contractor) for the Santa Ana Boulevard and 5th Street Protected Bike Lanes Project (17-6880) (Exhibit 1). The scope of the project includes constructed median protected bike lanes between the Civic Center and the Santa Ana Regional Transportation Center. The contractor is required to coordinate closely with the Orange County Transportation Authority’s (OCTA) OC Streetcar Project; approximately 40 percent of the bike lane alignment is to be constructed immediately adjacent to the OC Streetcar track slab. The Contractor has successfully completed all work not adjacent to the OC Streetcar improvements but, due to delays with the OC Streetcar construction,
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Appropriation Adjustment for SA Blvd and 5th Street Bike Lane December 20, 2022
3 1
3 3
the Contractor was forced to pause their construction until they received approval to proceed by OCTA and the City to resume construction within in the OC Streetcar segments. Due to these delays, the Contractor has experienced significant escalation of material costs and labor rates to perform the remaining work.
Throughout the project, the City has worked closely with OCTA to expedite construction whenever possible. In doing so, due to their overlapping construction footprints, the City’s Contractor took on work originally designated for the OC Streetcar in order to expedite and deliver certain roadway improvements more efficiently.
In order to cover the cost escalations and the additional work performed by the Contractor (Exhibit 2), the City will be receiving reimbursement from OCTA and requests an appropriation adjustment to recognize $400,000 from OCTA OC Streetcar Funding as well as a reallocation of $350,000 in unspent Measure M2 Funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Exhibit 3).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2016- 097 was filed for the project.
FISCAL IMPACT
With the approval of the budget reallocations and appropriation adjustments, the total funding needed to deliver the project will be available for expenditure.
1. Budget reallocation to of $150,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17-6880) from Project Development FY 22/23 (No. 23-6899).
2. Budget reallocation of $200,000 in unspent Measure M2 Fairshare funds to the Santa Ana Boulevard and 5th Street Protected Bike Lane Project (Project No. 17- 6880) from Right of Way Management FY 22/23 (No. 23-6900).
3. Appropriation adjustment to recognize $400,000 in Orange County Transportation Authority OC Streetcar Project funds in the Select Street Construction, Expense Reimbursement revenue account (No. 05917002-57000) and appropriate the same amount to the Select Streets Construction, Improvements Other Than Building expenditure account (No. 05917660-66220).
All funds are available for expenditure in Fiscal Year 2022-23; however, any remaining balances not expended by the end of the fiscal year will be carried forward into FY 2023-24 for expenditure.
The following table summarizes the $750,000 that will be made available by this Council action to fund the additional construction costs:
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Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit –
Account No.
Description
Amount
BUDGET REALLOCATION
2022-23
03217662-66220
(From Proj. 23-6899
to Proj. 17-6880)
Measure M
Street
Construction
Measure M2
Fairshare,
Improvements Other
Than Building
$150,000
2022-23
03217662-66220
(From Proj. 23-6900
to Proj. 17-6880)
Measure M
Street
Construction
Measure M2
Fairshare,
Improvements Other
Than Building
$200,000
APPROPRIATION ADJUSTMENTS
2022-23 05917660-66220
(17-6880)
Select Street
Construction
Select Street
Construction,
Improvements Other
Than Building
$400,000
Total: $750,000
EXHIBIT(S)
1. Staff Report: Construction Contract Award 12/17/2019
2. Revised Cost Analysis
3. Amendment to Fiscal Year 2022-23 CIP
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
14 –
3 12/20/2022
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 17, 2019
TITLE:
CLERK OF COUNCIL USE ONLY:
APPROVED
APPROVE AN APPROPRIATION As Recommended
ADJUSTMENT AND AWARD A ElAmended
OOrrdinanceon 1" ReadingCONSTRUCTION
CONTRACT TO VIDO Ordinance on 2ntlReadingSAMARZICH,
INC., IN THEAMOUNTOF Implementing Resolution 3,
776,881, FOR THE SANTAANA Set PublicHearing For BOULEVARD AND 5TH STREETPROTECTED
BIKE LANES PROJECT WITH AN
ESTIMATEDTOTAL COST OF $ 4, 484,000 PROJECT
NO 17- 6880) STRATEGIC
PLAN NO. 6, 1C} s/
KristineRidge CITY
MANAGERCONTINUED
TO 1
1 1 1i!I: Iq:7 RECOMMENDED
ACTION 1.
Approvean appropriationadjustment authorizing the expenseof $ 799,830 from the TrafficSystem Management, State Grants -Direct revenue account and appropriatingthe sameamount to theActiveTransportationProgram, ImprovementsOther Than Buildingexpenditureaccount.
2. Awarda contractto VidoSamarzich, Inc., the lowestresponsiblebidder, in accordancewith the base bid, in the amountof $ 3, 776,881, for constructionof the SantaAna Boulevardand 5th StreetProtectedBike Lane Project, for the termbeginningupon executionof thecontractand endingupon projectcompletion, and authorizethe City Managerto executethe contractsubject to non -substantivechanges approved by theCityManagerand the City Attorney. Approve the ProjectCost Analysisfor a totalestimatedconstruction delivery cost of 4, 484,000, which includes $3, 776,881 for the constructioncontract; $ 329, 431 for contractadministration, inspection and testing; and a $ 377,688 projectcontingency (approximately 10% of the constructioncontract amount). DISCUSSION
The
City of SantaAna is developingsafer, walkablestreets for SantaAna residentswho are dependent on walkingor bicyclingfor transportationevery day. Implementationof thesetypes of street improvementsare the resultof goalsestablishedby the City' s ActiveTransportationPlan ATP) and ultimatelyprovides safe bicyclingand walkingin theCity, enhancesnon - motorizedtravel infrastructure, and createsoptions to supportthe existingpopulation. 20E- 1 City Council
14 –
4 12/20/2022
Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project
December 17, 2019
The project will install approximately 2.2 miles of protected bike lanes along Santa Ana Boulevard and 5th Street ( Exhibit 1). The proposed bike lanes will improve bicycle routes to and from schools, parks, trails, local shopping centers, and high - density residential areas. The construction scope of work includes a raised concrete median, asphalt concrete pavement, concrete sidewalks, curb and gutter, and driveway approaches. Related improvements will provide Americans with Disabilities Act curb ramps, pedestrian push buttons, traffic signs and striping, and a traffic signal video detection system. The work will require relocating several water services from private property onto the public right- of-way where they are typically located. Once completed, the improvements will provide safe, fun, convenient, healthy, and environmentally friendly travel for all ages and abilities.
The City secured an Active Transportation Program grant in the amount of $4,484, 000 for the Santa Ana Boulevard and 5th Street Protected Bike Lanes Project. The grant award was included in the approved Fiscal Year 2018- 19 Capital Improvement Program. However, the September 17, 2019 City Council action approving the carryover of unspent Fiscal Year 2018- 19 budgets only specified 3, 684, 170 for this project. Staff is requesting an Appropriation Adjustment ( Recommended Action No. 1) to authorize expenditure of the additional $ 799, 830 needed to establish the project budget for the full $ 4,484, 000 grant award.
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 October 8 and 15, 2019. Bids were received electronically via the City' s web -based electronic bidding system, PlanetBids, on October 6, 2019.
Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically.
Project notifications were sent to 873 vendors, including 48 located in the City of Santa Ana, via PlanetBids. Bid documents were requested from 67 vendors, and bids were received from 5 contractors. No bids were received from Santa Ana contractors.
Bid Results Summary
RANK BIDDER' S NAME LOCATION BASE BID
1 Vido Samarzich, Inc. Rancho Cucamonga 3, 776, 881
2 Griffith Company Santa Fe Springs 4, 673, 090
3 Lonerock, Inc. Irvine 4, 712, 463
4 Excel Paving Co Long Beach 4, 734, 986
5 Walsh Construction Company II Los Angeles 5, 400, 000 All five bids were responsive. Vido Samarzich, Inc., submitted the lowest responsive bid ( Exhibit 2) in the amount of $ 3, 776, 881. Based on a bid analysis and a contractor' s reference check, staff recommends awarding the construction contract ( Exhibit 3) to Vido Samarzich, Inc., in the amount bid.
20E- 2
City Council
14 –
5 12/20/2022
Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project
December 17, 2019
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also requires 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 material 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 $ 4, 484, 000.
Construction Contract 3, 776, 881
Construction Administration, Inspection, and Testing 329, 431 Contingencies 377, 688
ESTIMATED CONSTRUCTION DELIVERY COST 4, 484, 000
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City' s efforts to meet Goal # 6 — Community Facilities & Infrastructure, Objective # 1 ( Establish and maintain a Community Investment Plan for all City assets), Strategy C ( Invest resources and technology to extend the service life of existing infrastructure to protect the City' s investment and support a high quality of life standard).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2016- 097 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis ( Exhibit 4), the estimated total construction delivery cost of the project is $4,484, 000, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested Appropriation Adjustment will authorize the expense of $ 799, 830 from the Traffic System Management, State Grants - Direct revenue account ( No. 14817002- 52025) and appropriate the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account ( No. 14817613- 66220).
The following table summarizes the funds budgeted to deliver construction of this project:
Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account # Account Description
APPROPRIATION ADJUSTMENT
FY 2019- 20
14817613- 66220 Traffic System Active Transportation
Dec. - June Proj. 17-6880) Management Grant Program, Improvements 799, 830 Approved FY18- 19 CIP Capital Grants Fund) Other Than Building CARRYOVER APPROPRIATION ( Approved September 17, 2019)
20E- 3
City Council
14 –
6 12/20/2022
Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project
December 17, 2019
FY 2019- 20
14817613- 66220 Traffic System Active Transportation
Dec. - June Proj. 17-6880) Management Grant Program, Improvements 3, 684, 170 Approved FY18- 19 CIP Capital Grants Fund) Other Than Building Total: 4, 484, 000
All funds are scheduled for expenditure in Fiscal Year 2019- 20.
Fuad S. Sweiss, PE, PLS
Executive Director
Public Works Agency
FSS/ NS/ TC/ MO
Exhibits: 1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
20E- 4
City Council
14 –
7 12/20/2022
EXHIBIT 4
Original Cost Analysis Amount Added Updated Cost Analysis Construction Contract 3,776,881$ 3,776,881$
Contract Administration 150,543$
150,543$
Inspection and Testing 178,888$
178,888$
-$
Contingencies 377,688$
850,000$ 1,227,688$
TOTAL ESTIMATED CONSTRUCTION COSTS 4,484,000$
850,000$ 5,334,000$
CONSTRUCTION OF PROJECT NO. 17-6880: Santa Ana Boulevard and 5th Street Protected Bike Lane [ATPL-5063 (170)]
COST ANALYSIS
EXHIBIT 4
EXHIBIT 2
City Council
14 –
8 12/20/2022
CITY OF SANTA ANA FY
22/23
CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The project entails constructing median protected bike lane on portions of Sant Ana Blvd,
5 th,
6 th, Brown, Lacy, Garfield, and
Mortimer between the Santa Ana Regional Transportation Center (SARTC) and Orange County Civic Center.
PROJECT NEED:
City of Santa Ana is developing safer, walkable streets for Santa Ana residents who are dependent on walking or bicycling for transportation every day. Implementation of these types of street improvements are the result of goals established by the City' s Active Transportation Plan ATP) and ultimately provides safe bicycling and walking in the City, enhances non -motorized travel infrastructure, and creates options to support the existing population.
PROJECT TITLE:
Santa Ana Boulevard and
5 th Street
Protected Bike Lane
PROJECT CATEGORY:
Street Improvements
Arterial Street Rehabilitation
LOCATION MAP
AGENCY:
DIVISION:
CONTACT:
DATE:
Public Works
CIP Engineering
Sean Thomas, Senior Civil Engineer
04-Nov-2022
PROJECT COSTS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
Construction
850,000
-
-
-
-
-
-
TOTAL
850,000
-
-
-
-
-
-
SOURCE OF FUNDS
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
CMAQ
400,000
-
-
-
-
-
-
GAS TAX
450,000
-
-
-
-
-
-
TOTAL
850,000
-
-
-
-
-
-
City Council
14 –
9 12/20/2022
Public Works Agency
https://www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 20, 2022
TOPIC: Willard Neighborhood Water and Sewer Main Improvements
AGENDA TITLE
Approve a Budget Reallocation and Award a Construction Contract to Big Ben, Inc., in the Amount of $3,163,400 for the Willard Neighborhood Water and Sewer Main Improvements Projects, with an Estimated Project Delivery Cost of $4,112,420 (Project Nos. 23-6454 & 16-6466) (Non-General Fund)
RECOMMENDED ACTION
1. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,163,400 for construction of the Willard Neighborhood Water and Sewer Main Improvements Project, for the term beginning December 6, 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.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,112,420, which includes $3,163,400 for the construction contract; $474,510 for contract administration, inspection and testing; and a $474,510 project contingency for unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $984,841 in construction funds for the Willard Neighborhood Sewer Main Improvements Project.
DISCUSSION
Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The water and sewer main, as well as sewer laterals, on Willard Neighborhood have been identified for replacement (Exhibit 1).
The improvements include new polyvinyl chloride water and sewer main, fire hydrants, water services, sewer laterals, appurtenances, Portland Cement Concrete pavement, asphalt concrete pavement, and traffic striping. Once completed, water service reliability
City Council
15 –
1 12/20/2022
Willard Neighborhood Water and Sewer Main Improvements
December 20, 2022
3 1
0 6
and general service quality will improve significantly. In addition, the potential for disruption due to water main breaks will be substantially reduced.
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 September 27 and October 4, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on October 18, 2022.
The City notified a total of 624 regional vendors via PlanetBids, 18 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of eleven bids were received. However, no bids were received from Santa Ana contractors.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Big Ben, Inc. Irvine $3,163,400.00
2 Dominguez General Engineering, Inc. Pomona $3,619,000,00 3 TE Roberts, Inc. Orange $3,776,850.00
4 Lucas Builders, Inc. La Habra $4,156,900.00
5 Griffith Company. Brea $4,172,713.00
6 SRK Engineering. Escondido $4,241,300.00
7 Aid Builders, Inc. Los Alamitos $4,467,840.00
8 Stephen Doreck Equipment Rentals,
Inc. Pico Rivera $4,817,060.00
9 ARB, Inc. Lake Forest $5,009,575.00
10 Excel Paving Co. Long Beach $5,189,950.00
11 Mike Bubalo Construction Co., Inc. Gardena $5,496,250.00 Of the eleven bids received, all were deemed responsive. Big Ben, Inc., submitted the lowest responsive base bid, in the amount of $3,163,400 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Big Ben, Inc., in the amount of the base bid totaling $3,163,400 (Exhibit 3). Big Ben, Inc., has performed the following work in the City of Santa Ana within the past 5 years: Baker-Glenwood Sewer Main Upgrade (Project No. 21-6446), and Lincoln Avenue Water & Sewer Main Improvements (Project Nos. 22-6468 & 22- 6620).
City Council
15 –
2 12/20/2022
Willard Neighborhood Water and Sewer Main Improvements
December 20, 2022
3 1
0 6
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 the following:
construction management; 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 $4,112,420.
Project Item Total
Construction Contract $3,163,400.00
Construction Administration, Inspection, Testing $474,510.00 Contingencies $474,510.00
TOTAL CONSTRUCTION DELIVERY COST $4,112,420.00
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-97 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,112,420, which includes the construction contract, contract administration, inspection, testing, and project contingency. Upon approval of the requested appropriation adjustment, the total funding needed to deliver the project will be available for expenditure.
Funds for this action have been transferred from previously appropriated funds for the Washington Square Sewer Main Improvements Project (Project No. 18-6498) to the Willard Neighborhood Sewer Main Improvements Project (No. 16-6466) and are available for expenditure in the current Fiscal year 2022-23. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2022-23 06617647-66301
(Proj. 23-6454)
Acquisition &
Construction
Water Utility Capital
Projects - Water
Capital Project
$1,500,000
City Council
15 –
3 12/20/2022
Willard Neighborhood Water and Sewer Main Improvements
December 20, 2022
3 1
0 6
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2022-23 05417647-66220
(Proj. 16-6466)
Sanitary Sewer
Capital
Capital Recovery
Charges -
Improvements Other
Than Building
$2,612,420
TOTAL: $4,112,420
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. FY 2022-23 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
15 –
4 12/20/2022
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EXHIBIT 1
City Council
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5 12/20/2022
City Council
15 –
6 12/20/2022
City Council
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7 12/20/2022
City Council
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8 12/20/2022
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 21-6454 & 16-6466
WILLARD NEIGHBORHOOD WATER AND SEWER MAIN IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 20th day of December, 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 Big Ben 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 Willard Neighborhood Water and Sewer Main Improvements (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by th e 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 pre cedence 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 Three Million, One Hundred Sixty -Eight Thousand, Nine Hundred Dollars and Zero Cents ($3,168,900.00), 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.
City Council
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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 th e 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, f urnish 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 pr ice 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 commi ssions, 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 reas onable 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; (iii) The construction activities of CONTRACTOR or its Subcontractor s 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.
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