Santa Ana City Council
April 2, 2024

employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
signatures follow on next page
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ _________________________
Tom Hatch
Clerk of the Council Interim City Manager
City Council 13 – 37 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
John M. Funk Name:

Senior Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency

City Council 13 – 38 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

APPENDIX
ATTACHMENT 5: CERTIFICATIONS
City Council 13 – 39 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
State of California
County of __________
Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me

Notary Public Signature Notary Public Seal
City Council 13 – 40 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

NON-LOBBYING CERTIFICATION
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

City Council 13 – 41 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

City Council 13 – 42 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

City Council 13 – 43 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

The undersigned certifies that the foregoing is true and correct.

Name of Firm

Signature of BIDDER

Title
(if an individual, so state)
City Council 13 – 44 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
 Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:______________________________________________ Signature: __________________________________________________ Name: _____________________________________________________ Title: ______________________________________________________ Date: ______________________________________________________ City Council 13 – 45 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 23-054
City Yard Strategic Master Plan

Appendix
ATTACHMENT 6: EQUIPMENT SIGNS
The magnetic sign shall be in size (24” x 18”) length by width. These shall be plain with color background and black lettering as shown on the sample. The City logo shall be located in the center.

City Council 13 – 46 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS City of Santa Ana RFP 23-054
City Yard Strategic Master Plan

***END OF RPF 24-003**
City Council 13 – 47 4/2/2024
EXHIBIT 2

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
HOUSTON & HARRIS PCS, INC. FOR CCTV INSPECTION SERVICES THIS AGREEMENT is made and entered into on this 2nd day of April, 2024 by and between Houston & Harris PCS, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A.

B.

The City desires to retain a Consultant having special skill and knowledge in the field of cleaning, inspecting and videotaping sanitary sewer mains.

Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in the Request for Proposal (“RFP”) No. 24-003.

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

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein, and as further described in Consultant’s Proposal - Exhibit B, attached hereto and incorporated herein.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $4,000,000.00, including any extension periods, and is comprised of: (1) a base amount of $3,529,150.00 and (2) a contingency in the amount of $470,850.00, which may be exercised at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required

City Council 13 – 48 4/2/2024
documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

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

3. TERM
This Agreement shall commence on the date first written above and end on April 1, 2027, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

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

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

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

City Council 13 – 49 4/2/2024
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall also require any subcontractors, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease.
• Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions: The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.

City Council 13 – 50 4/2/2024
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
• A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.

Ten (10) days prior written notice shall be provided to City for policy cancellation or nonrenewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

Verification of Coverage: Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)

City Council 13 – 51 4/2/2024
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any

City Council 13 – 52 4/2/2024
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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

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

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

City Council 13 – 53 4/2/2024

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a.
b.

As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.

Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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

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

City Council 13 – 54 4/2/2024
To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

Brad Houston
Vice President
Houston & Harris PCS, Inc.

P.O. Box 10367
San Bernardino, CA 92423
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on following page]

City Council 13 – 55 4/2/2024
City Council 13 – 56 4/2/2024

EXHIBIT A

SCOPE OF SERVICES
City Council 13 – 57 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Appendix
ATTACHMENT 1: SCOPE OF WORK
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 58 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS

SCOPE OF WORK
A. INTRODUCTION AND BACKGROUND
The City of Santa Ana’s sanitary sewer collection system comprises of approximately 400 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,500 sewer manholes that are used to convey all sewer effluent from the City into the Orange County Sanitation District (OCSD) system. In accordance with the City’s Sewer Management Plan (SSMP) and the State’s waste discharge requirements, the City must inspect asses and maintain the sanitary sewer system in good repair.

B. CONTRACTOR RESPONSIBILITIES
a. SEWER CLEANING
All sewers shall be cleaned within 24 hours prior to CCTV inspection except as directed otherwise by the Engineer. Cleaning shall include removal of grease, roots, debris and other obstructions to facilitate the CCTV inspection. All costs associated with the cleaning of sewers and sewer manholes shall be borne by the Contractor. These borne expenses shall include, but are not limited to, water usage, and fees related to obtaining and securing a hydrant water meter from the City. Contractor shall return water hydrant meter to the City every six months.

The Contractor firm shall use the appropriate nozzle or cutter head, (i.e. high velocity, water jet, root cutter, etc.), to accomplish the cleaning as required for that particular reach of sewer.

Cleaning methods shall be employed to sufficiently clean the pipe so the camera can pass and can fully ascertain and document the structural and operational condition of the pipe.

Any costs associated with CCTV inspection work that is necessitated by the Contractor’s failure to sufficiently clean the main shall be borne entirely by the Contractor.

The Contractor shall use a tablet PC with internet access to connect to infraMAP® software, the City will provide access and training as needed for infraMAP® software, to record the location of the cleaning operation and the conditions encountered for each section of sewer main that is cleaned. The Contractor shall be trained by the City in the use of infraMAP®.

Digital video, logs and other materials shall be delivered when a designated area of work has been completed. The City reserves the right to use both the comprehensiveness and completeness of the cleaning reports along with the cleanliness of the pipe as evidenced by the supplied video to ascertain whether the pipe was cleaned sufficiently. Any costs required to re-clean either an unreported or an insufficiently cleaned main shall be borne entirely by the Contractor.
b. SEWER MAIN TELEVISION INSPECTION

1. The Contractor shall perform all CCTV inspections using the WinCan VX Expert software for pipe survey reporting.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 59 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS

2. The Contractor shall use equipment specially designed and constructed for sewer inspection and video recording. The camera must have light sources of suitable illumination output to provide a clear picture of the entire periphery of pipe. The camera must be able to be rotated to a position that will assure that the total periphery of the sewer is in focus at all times, regardless of the diameter of the pipe being inspected.

The camera, transport system, and other components of the video system shall be capable of producing a picture adequate for the purposes of the inspection as stated herein. The adequacy of the proposed equipment, resulting video and the assessment logs shall be demonstrated to the City, if so requested, prior to award of contract. The cost of such demonstration shall be borne by the Contractor.

3. A cable footage counter, accurate to within one (1) foot in 1000 feet, shall be used and shall be indicated on the monitor and recorded on the video. The date of inspection, continuous forward and reverse readout of camera distance from referenced access hole, the upstream and downstream manhole with an arrow indicating flow direction (or the database number, run number and direction of flow), the size of the pipe, the name of the street, the iWaterID, the time of day and the project or location name as supplied by the City shall be displayed continuously on the monitor and recorded on the video.

The color of the overlay information shall be adjusted so that it remains legible throughout the run. The footage relative to the center of the manhole at the start of each run shall be set to accurately reflect a center of manhole starting position of 0.00 feet regardless of where along the pipe and at what footage the run begins.

4. Every sewer main assessment shall begin with a view of the open manhole and shall proceed uninterrupted in the downstream direction with the insertion of the camera into the manhole with the subsequent sewer main assessment. Recording of video against the flow or passing through interim manholes will only be allowed with prior approval of the City or when it can be shown that conditions made it unfeasible to lift an interim manhole cover or to record with the flow.

5. CCTV inspection, monitoring and recording shall only be performed by technicians that are NASSCO certified with a minimum of two years prior experience. The Contractor shall furnish qualification details and sample video for each technician so that their involvement in the project can be approved by the City prior to the commencement of work. The use of a video technician not approved by the City will be considered sufficient cause for the rejection of any related work and any costs associated with reinspecting shall be at the consultant’s expense.

6. During inspection, the operating technician shall, along with an audio record of conditions, log a computerized assessment of the recorded sewer. This assessment shall include the location of all laterals, indicated infiltration, cracks, deflected joints, collapsed sections, ex-filtration, misalignment, roots, deposits, and other conditions or data pertinent to the physical condition of the sewer.

7. Through the use of the infraMAP® software the Contractor will have access to the complete sewer system maps and data including but not limited to: manhole ID numbers, sewer main ID numbers, street names and sewer main attributes. The City, City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 60 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS through the infraMAP® software, will designate the locations that are to be inspected.

Use of the infraMAP® software by the Contractor is required. The City shall train the Contractor in the use of infraMAP® as it relates to the documentation of sewer cleaning and inspection activities.

8. If the Contractor encounters conditions in the field that do not correspond to those indicated on the maps, the Contractor shall promptly inform the City of the discrepancy.

If manholes or terminating cleanouts are encountered that are not shown on the maps, the Contractor shall use the next available manhole number as shown on the maps for the video assessment and indicate the location where the manhole was found. The City will incorporate those changes into the maps. The use of non-standard or incorrectly numbered manholes by the Contractor in either the database or on the video overlay as shown on the digital video is cause for rejection of both the digital video and the database in which it is referenced and any costs associated with re-videoing of the main, modifications to the video overlay or rectification of the database that are necessitated by the consultant’s failure to use designated naming conventions will be borne entirely by the Contractor.

9. At all points within the sewer showing defects, laterals and sewer appurtenances, the consultant shall stop the camera, rotate (up to 360 degrees) and/or tilt the camera lens to ensure adequate video coverage. All defects shall be rated/scored and logged in accordance with NASSCO guidelines.

10. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual or uncommon to a sewer main in good condition. There shall be no loss of video quality at any time.

11. As the video is produced, the technician shall provide an audio narration of the inspection to include identification of the sewer main location, by street intersection location or street address as well as by City manhole number, inspection direction (upstream/downstream) and complete descriptions of the line conditions as they are encountered. The audio portion of the video recording shall be free from electrical interference, feedback, hum, and background noise.

12. If the camera cannot pass the entire sewer reach from its point of insertion, the reach shall be inspected from both directions. The inspection logs for the reach shall include an identification of the nature and location of the blockage. The Contractor shall notify the City immediately of any such obstruction so that it may be repaired or mitigated by the City and/or the Contractor so that work may proceed.

13. Video runs showing condensation or submersion of the lens, poor or out-of-focus images, poor audio, or otherwise poor image quality shall be cause for rejection and may necessitate re-inspecting at the Contractor’s expense if the City determines the video run is not of acceptable quality.

14. In special cases, when directed by the City, the Contractor shall be responsible for plugging manhole outlets during CCTV inspection. The sewer lines will be in service at City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 61 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS the time of inspection.

15. Television inspection of sewer mains with high volumes of flow (pipe running 1/3 full or more) will be done at night between the hours of 10 p.m. and 5 a.m. unless otherwise directed by the City. No adjustment in cost shall be allowed for night work.

Notwithstanding, the consultant shall always use whatever mechanical means are available, including modification or changing of the camera wheels or treads, to insure that the image is recorded in an upright, un-rotated position. The City reserves the right to reject any video where changes in the orientation of the camera could have been corrected by such modifications or by performing the work during periods of low flow.

16. In five (5) working days after being notified to inspect a particular section of sewer main, the Contractor shall begin CCTV inspection, and shall diligently pursue that work to completion.
c. SEWER MANHOLE INSPECTION
The Contractor shall perform all sewer manhole assessment inspections services per NASSCO standards by the Manhole Assessment Certification Program (MACP) Level I. Level I (MACP) shall include all information included on Level I (MACP) detailed therein in addition to the, using valid MACP defect codes. The inspection shall also provide a depth measurement from the top of the manhole to the bottom of the manhole. Said measurement shall be measured from the middle of the manhole into the bottom of the manhole channel and be measured in inches.

All digital reports for sewer manholes shall contain as a minimum the contained information on the Level I of the MACP by NASSCO guidelines and all items listed on item e.7 listed below as applied to sewer manholes.
d. SEWER LATERAL INSPECTION
When required by the City, the Contractor shall provide inspection of sewer laterals via a main line launched lateral camera. Inspection and video reporting shall be as required by sections b and e of this Appendix. Laterals shall be assessed using the Lateral Assessment Certification Program coding as provided by NASSCO.
e. DATA SUBMISSION

1. The Contractor shall visually inspect, digitally encode video in WMV format (or another format if mutually agreed upon) and provide digital logs, in PDF format, of all inspected sewers. The log and video formats shall be approved by the City prior to commencement of work. Only cloud submittals are accepted as specified on the next item.

2. Digitally encoded video shall be compressed with the WMV format with settings specified by the City. Digital video shall be supplied to the City over the cloud, the Contractor will be required to pay and provide the City access to a 1 terabyte Webflex City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 62 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Seat account through WinCam. Digital video files, Microsoft Access Database files and PDF report files naming conventions on the cloud shall be approved by the City prior to the commencement of work. The video image shall be clear, focused and relatively free from roll, static or other image distortion qualities that would prevent the reviewer from evaluating the condition of the pipe.

3. The computerized format shall be provided as a separate Microsoft Access database file for each quantity of digital video specified by the City. The Contractor shall provide copies of the logs to the City in PDF format. The Microsoft Access database shall include the following:
a) An inspection table listing each run number, the name of the operator, the inspection date, weather conditions, City supplied (the next sequential) database number, address or intersection of the starting manhole, direction of the inspection with respect to the flow, sewer number as supplied by the City, material (VCP, PVC, etc.), diameter of the sewer, length of the sewer, starting manhole ID number and the ending manhole ID number.
b) An assessment table listing the run number, starting and ending footage of every observation, applicable assessment code, assessment code translation, additional remarks, starting and ending clock positions of observations where applicable. c) Tabular formats (table names, column names and data types, etc.) shall conform to specifications approved by the City.

4. The Contractor shall submit the aforementioned video, and electronic reports summarizing all defects and conditions specified above to the City within 15 calendar days of completion of task. In addition, the Contractor shall retain copies of both the digital video and logs, for a term no less than that specified for the agreement and shall make additional copies available to the City if the copies originally delivered to the City are found to be either defective or incomplete. Upon acceptance of the agreement, the Contractor acknowledges that given the quantity of video to be provided and the time it will take for the City to review the video after delivery that the City’s request for replacement data or video may not be timely.

5. Databases shall be numbered in sequential order with any deliverable video recording reflecting the same unique number differentiating each video. The starting database number will be specified by the City at the beginning of the contract. Barring any notifications by the City to the consultant of changes to the sequence number, the Contractor will be required to keep track of the next sequential number and use it on the electronic database files. The City will notify the consultant of any changes to the sequence number prior to requesting additional work.

6. Any digital media delivered to the City shall be labeled with the following information:
a) Street name or location of sewer main and or sewer manhole if not in a City street, and limits of inspection for the sewer reach included; (e.g., McFadden Avenue sewer between Grand and Standard) or the task name given by the City.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 63 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS b) Date of inspection.
c) Database number

7. All digital reports shall be in (pdf) format and contain as a minimum the following information:
a) Date and time of inspection
b) Name of Contractor
c) Names of operating technician/inspector
d) Pipe size, material, and total length
e) Number and street or intersection location and the City designated number for the starting manhole.
f) Number and street or intersection location and the City manhole number for the ending manhole.
g) Direction of inspection (upstream or downstream).
h) The database number.
i)
j)
NASSCO rating scores including as a minimum: Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR) and Overall Pipe Rating (OPR).

Observations, comments, recommendations, laterals referenced to footage counter and video clock (tape counter).
k) Pipe segment iWaterID.

8. Each database shall have runs numbered in sequential order starting with one (1).

The operator shall proceed to the next run number whenever the camera is withdrawn regardless of the reason, encounters the next manhole, next cleanout or when a run is terminated. Digital video files (one for each run) shall conform to the indexing system with each file being designated by concatenating the database number with the run number (i.e.: 1179-01.WMV would designate the first run on database number 1179).

If such naming by the Contractor is found to be technically unfeasible, the Contractor shall deliver the files, along with any tabular information that would be necessary for the City to automate the file naming process. Any file naming convention that does not conform to the aforementioned requirements is subject to prior approval of the City.

9. Prior to the commencement of work, the Contractor shall demonstrate to the City the procedures that shall be used for the inputting of City manhole numbers, run numbers, street names, or any other data that is encoded in the video database and how the quality and uniformity of that data will be guaranteed. f. TRAFFIC CONTROL

1. Traffic control for sanitary sewer inspection shall be the responsibility of the Contractor and shall conform to the work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 64 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS

2. All vehicles and or towed equipment shall carry “City of Santa Ana Authorized Contractor” magnet sign affixed and visible. ATTACHMENT 6: EQUIPMNET SIGNS.

3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules.
g. AS-NEEDED SEWER CCTV INSPECTION AND SEWER CLEANING
The Contractor shall provide estimates, at the City’s request for as-needed sewer CCTV inspection and/or sewer cleaning. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City. Sewer cleaning and CCTV inspection requirements shall be as specified by the previous sections of this specification. ---End of SCOPE OF WORK Section---
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

City Council 13 – 65 4/2/2024

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 13 – 66 4/2/2024
Request for Bids No. 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Due Date: February 12, 2024
4:00PM
City Council 13 – 67 4/2/2024
Table of Contents
Statement of Qualifications
A. Cover Letter 1
B. Agreement Statement
C. Firm and Team Experience
D. Understanding Scope of Services
E. Relevant Project Experience
F. Proposers References
Attachment 1
2 3
5 9
10 Resumes
Organizational Chart
Attachment 2
Non-Collusion Affidavit
Non-Lobbying Certification
Non-Discrimination Certification
Prevailing Wage Compliance and Monitoring Statement
Fleet Compliance Certification
G. Fee Schedule Separate Envelope
Addenda
Addendum 1
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 68 4/2/2024
City Council 13 – 69 4/2/2024 1
Agreement Statement
Houston & Harris, PCS, Inc. concurs with all provisions contained in the sample standard agreement attached in the appendix of the RFP (Attachment 4) including: Recitals, Scope of Service, Compensation, Term of 3 years, with the option for the City to grant up to a one (2)- years renewal, Prevailing Wages, Independent Contractor, Ownership of Materials, Insurance requirements with an understanding the insurance requirements are subject to change, Indemnification, Intellectual Property Indemnification, Records, Confidentiality, Conflict of Interest Clause, Notice, Exclusivity and Amendment, Assignment, Waiver, Termination, Non-Discrimination, Jurisdiction-Venue, Professional Licenses, and Miscellaneous Provisions.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 70 4/2/2024 2
Firm and Team Experience
Overview: Houston & Harris PCS, Inc. was established in June 1988, starting as a partnership and incorporating in 2002 for the purpose of providing quality video pipe inspection and hydro-washing of sewer, storm drain and water lines to private contractors, engineering firms, municipalities and other government agencies. With 35 years’ experience in the wastewater & public works industry, and 20 years working with the City of Santa Ana’s Public Works Agency, Houston & Harris remains committed to the continued high quality of services we’ve always provided our clients; assuring their satisfaction. Including a 3rd generation in our 35 years of existence, our staff of 25, of which one third plus have been in place for 16 to 30 years, provides combined industry experience and working relationships enabling a cohesive team to handle all our client’s needs. The proposal attachments include resumes for the project team to outline technical expertise. Specifically in Attachment 1 are resumes for Larry Houston, Brad Houston, Elizabeth Butler, Sean Sandoval, Shivon Constantine, Sergio Mora, Juan Machain, Ivan Gomez, and Miguel Barba. The organization chart, also seen in Attachment 1, outlines roles and specific percentages of the Field Personnel’s time devoted to this project. Larry Houston, is the Principal agent and the primary contact to represent Houston & Harris, PCS, Inc. on this project.

Contributing to Houston & Harris, PCS, Inc. is over 20 years of working with the City of Santa Ana Public Works Agency. Starting in 2003, Houston & Harris has hydro-cleaned and provided CCTV inspection to over 5 million feet of Santa Ana sewer mains and over 2,800 manhole inspections with consistency and efficiency. Additionally, Houston & Harris, PCS, Inc. has responded to approximately 28 emergency call outs, including working closely with the City of Santa Ana’s Public Works Agency response to Tropical Storm Hilary.

As has been demonstrated with the City of Santa Ana since 2003, Houston & Harris, PCS, Inc. experience also ensures:

Safety and Compliance
✓ Adherence to Safety Protocols- Safety is paramount. We will strictly adhere to all safety protocols, including traffic control, confined space procedures, and emergency response. ✓ Regulatory Compliance- All work will be performed in compliance with local, state, and federal regulations.

Reporting and Documentation
✓ Regular Updates- The City will be kept informed with regular progress reports.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 71 4/2/2024 3a
Firm and Team Experience
✓ Complete Documentation- Upon completion of each Task Order, comprehensive documentation detailing the work performed, safety compliance, and any recommendations for future maintenance will be provided.

Quality Control and Assurance
✓ Continuous Monitoring- Quality control will be an ongoing process, with regular inspections and assessments to ensure adherence to project specifications and standards. ✓ Feedback and Improvement- We welcome feedback from the City and will incorporate it into our continuous improvement process.

Staffing & Equipment: Houston & Harris PCS, Inc. owns and operates six Vactor 2100 Series Combination Cleaning Units and one Vactor Ramjet for hydro-cleaning, debris removal and Hydroexcavating projects. Two of those units are equipped with specialized recycling equipment allowing the truck to recycle collected sewer water to continue cleaning, minimizing the need for the use of potable water. Vactor combination units have 9-YD and 12-YD debris tanks, Recycler units have 15-YD debris tanks along with both classes having Positive Displacement Blowers. All hydro-cleaning units have the capabilities of 80 GPM at 2500 PSI. Units can be equipped with specialized nozzles, chain flails, root saws, and flex hose for remote access or hydro-excavation attachments to handle any situation, which the client might require. Eight trained operators with a combined experience of over 120 years ensures the highest efficacy of cleaning available. In the event of an SSO, any member of this experienced team can make informed and independent decisions on the best course of action to remedy the spill quickly.

With 14 NASSCO certified employees, possessing a combined 140+ years of CCTV experience, and 9 pipeline assessment vehicles, Houston & Harris possesses the skill, experience and equipment to handle any situation that may arise during the course of this project. Having previously performed numerous citywide & districtwide assessment programs, we are familiar with the complexities that may arise keeping the Houston and Harris staff’s abilities sharp, ensuring the capability to tackle out of the ordinary situations with confidence and competence. The administrative team has considerable experience in securing permits with various city departments and associated agencies such as Caltrans. Our video equipment consists of both Subsite Electronics and Envirosight camera systems. The expansive arsenal of camera and transporter combinations ensures we will always have the correct tool for the job. All of our operators are familiar with industry standards for inspection of all types of new and existing underground conduit as well as being NASSCO PACP-MACP-LACP certified. Sanitary sewers, storm drains and water lines are all within our area of expertise. Defect codes and observations are based on the needs of our industry to reflect the most comprehensive and detailed report, meeting the requirements of WDR, NPDES and City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 72 4/2/2024 3b
Firm and Team Experience
municipal regulations. These reports can be modified to fit the specific needs of every client. In addition to marking defects, operators have been trained to read onsite plans and GIS maps to identify material type, pipe size, as well as, the type of structure they are entering with the camera equipment. With industry specific training, all classifications of employee undergo appropriate safety training. All field staff attend traffic control training, Confined Space Entry and Rescue training as well as CPR/First Aide training, with refresher classes scheduled at regular intervals. Some of our equipment has been modified to ensure the most efficient level of production, in conjunction with the highest quality standards. Both wheel and tractor crawlers are utilized to maximize the efficiency of pipe ranging in size from 4” – 36” in diameter. Storm drain tractors are available to handle large diameter lines from 24” – 120”. Video cable reels up to 1,600’ allow for multiple section of sewer to be inspected from one location, minimizing set up time and bypassing risky traffic conditions in busy intersections. The storm drain tractor also offers advantages of maneuverability to handle pipe containing debris or sharp radii conventional equipment cannot handle. For high flow, large diameter lines in need of a maintenance inspection, custom float boats are available, eliminating the need for a costly bypass. We use only high-resolution .2 lux color cameras to do all our video inspections. All cameras have the ability to pan and tilt with a 360-degree view of the pipe. Houston & Harris offers an IT Department of certified professionals with the ability to communicate with clients on all levels of computer knowledge. With ever changing technology, this department maintains up to date staff training on technical procedures and software. We offer clients the choice of multiple software platforms, including infraMAP®. The IT department reviews every video inspection performed to certify the final product to the city is the highest quality, most accurate video available.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 73 4/2/2024 4
Understanding Scope of Services
Understanding Scope of Services Overview: As outlined in Attachment 1 of the RFP, Houston & Harris, PCS, Inc. is prepared to deliver on all aspects of needs associated with the approximately 400 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,500 sewer manholes that are used to convey all sewer from the City to the Orange County Sanitation District system and ensure the city is in compliance with the State’s waste discharge requirements of maintaining the sanitary system in good repair.

Sewer Cleaning: We acknowledge and accept the specified conditions outlined for the cleaning and CCTV inspection of sewers as part of the project scope. Our team is committed to ensuring that all sewers are cleaned thoroughly within 24 hours prior to conducting CCTV inspections, except when otherwise directed by the Engineer. Our cleaning process will comprehensively remove grease, roots, debris, and other obstructions to facilitate seamless CCTV inspection. We understand that all costs associated with the cleaning of sewers and sewer manholes, including water usage and fees related to obtaining and securing a hydrant water meter from the City, shall be our responsibility. We will adhere to the requirement of returning the water hydrant meter to the City every six months. Our team is equipped with a variety of nozzles and cutter heads, including high-velocity water jets and root cutters, to address the specific cleaning needs of each sewer section. We are committed to employing cleaning methods that will ensure the pipe is sufficiently clear to allow the camera to pass through and accurately document the structural and operational condition of the pipe. Should any CCTV inspection work be necessitated due to our failure to adequately clean the main, we understand that the associated costs will be borne entirely by our company. We will utilize a tablet PC with internet access to connect to the infraMAP® software, as provided by the City, to record the location of the cleaning operation and the conditions encountered for each cleaned section of sewer main. Our team will undergo training provided by the City to ensure proficient use of the infraMAP® software. Upon completion of designated work areas, digital video, logs, and other materials will be delivered as required. We understand that the City will use the comprehensiveness of the cleaning reports and the cleanliness of the pipe, as evidenced by the supplied video, to evaluate whether the pipe was cleaned sufficiently. We are aware that any costs related to recleaning an unreported or insufficiently cleaned main will be our responsibility.

Sewer Main Television Inspection: We confirm our capability to conduct all CCTV inspections using WinCan VX Expert software for pipe survey reporting, ensuring detailed and standardized documentation of the sewer conditions. Our equipment is specifically designed for sewer inspection and adheres to the requirements outlined. We utilize cameras with optimal illumination and rotational abilities to maintain focus on the sewer's periphery, ensuring comprehensive inspection regardless of pipe diameter. We City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 74 4/2/2024 5a
Understanding Scope of Services
employ advanced cable footage counters for precise measurement documentation, displayed and recorded as per specifications. Our system integrates all required data overlays, including date, time, location, flow direction, and pipe size, ensuring legibility and accuracy in reporting. Each inspection will commence with a view of the open manhole, proceeding downstream unless otherwise directed or approved by the City. We are committed to uninterrupted recording in compliance with the project specifications. Houston & Harris, PCS, Inc. has 14 technicians with NASSCO certification, and all technicians assigned to the City of Santa Ana will have over two years of experience. We will provide the City with their qualifications and sample videos for approval before project commencement, ensuring compliance with the City's standards. During inspections, our technicians will provide detailed audio records and computerized assessments, identifying all relevant features and conditions within the sewer system, adhering to the comprehensive logging requirements. We will fully engage with the infraMAP® software for access to the City's sewer system maps and data, ensuring precise location tracking and documentation. Our team will undergo City-provided training for proficient use of infraMAP®. Should field conditions deviate from provided maps or undocumented manholes are discovered, we will promptly report these discrepancies to the City for resolution and map updates, adhering strictly to the designated naming conventions. In line with NASSCO guidelines, our camera operations will thoroughly document and rate all defects, ensuring complete rotational and tilt coverage for a detailed assessment of the sewer conditions. Our inspection protocol includes stopping and analyzing unusual or uncommon conditions, maintaining high video quality throughout the inspection process. The audio narration accompanying our video inspections will be clear, free from interference, and include comprehensive descriptions of line conditions and sewer main locations, enhancing the understanding of the sewer system's state. In cases where the camera cannot pass through a sewer reach, we will inspect from both directions and immediately notify the City of any obstructions for prompt resolution, ensuring the continuity of the inspection process. We understand the importance of high-quality video runs and will ensure that all footage is free from condensation, submersion, or any quality impairments, ready to re-inspect at our expense if deemed necessary by the City. When required by the City, we will manage sewer flows by plugging manhole outlets to facilitate effective CCTV inspections, ensuring the sewer lines remain in service without disruption. We are prepared to conduct inspections during low-flow periods, including nighttime hours between 10 p.m. and 5 a.m., to accommodate high-volume flows without additional cost adjustments. Upon notification from the City, we will commence the specified CCTV inspections within five (5) working days, diligently pursuing completion to meet the project timelines and requirements.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 75 4/2/2024 5b
Understanding Scope of Services
We acknowledge the requirement to utilize WinCan VX Expert software for all CCTV inspection and pipe survey reporting activities. Our team is proficient with WinCan VX, ensuring that we can deliver comprehensive, standardized reports that align with the City's expectations for documentation and analysis of sewer conditions. Our approach includes: Training and Expertise-Our technicians have undergone extensive training in WinCan VX Expert software, ensuring they are adept at leveraging all its features to accurately capture and report sewer system data. Data Integrity- We commit to maintaining the highest standards of data integrity and detail in our reports, utilizing WinCan VX Expert’s robust capabilities for data analysis, visualization, and reporting. Custom Reporting- Understanding the City's specific needs, we are prepared to customize our WinCan VX reporting formats to align with any particular data presentation or analysis requirements the City may have. Demonstration of Compliance- If requested by the City, we are ready to demonstrate the adequacy of our proposed equipment and the resulting video and assessment logs through a pre-contract demonstration, fully bearing the costs associated with this demonstration.

Sewer Manhole Inspection: In compliance with the project specifications, we will perform all sewer manhole assessment inspections in accordance with the NASSCO Manhole Assessment Certification Program (MACP) Level I standards. Our commitment is to ensure that every aspect of the MACP Level I guidelines is meticulously followed, utilizing valid MACP defect codes for a comprehensive and standardized assessment. For each manhole inspection, we will include a precise depth measurement from the top of the manhole to the bottom of the channel, taken from the center of the manhole. This measurement will be detailed in inches, providing an accurate assessment of the manhole's depth for effective analysis and reporting. Our digital reporting for sewer manholes will adhere to the MACP Level I requirements and will include additional details as outlined: Digital Report Format- All reports will be provided in PDF format, ensuring accessibility and ease of review. Comprehensive Information- Each report will contain the following information as a minimum requirement:
a. Date and time of inspection to document the specific timeframe of the assessment. b. Name of our company as the Contractor performing the inspection. c. Names of the operating technician/inspector involved in the assessment to ensure accountability and traceability.
d. Pipe size, material, and the total length of the inspected segment for a complete understanding of the infrastructure.
e. Number and street or intersection location along with the City designated number for the starting manhole, providing a clear starting point for the inspection.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 76 4/2/2024 6a
Understanding Scope of Services
f. Number and street or intersection location along with the City manhole number for the ending manhole, indicating the conclusion of the inspection path. g. Direction of inspection (upstream or downstream) to understand the flow and layout of the sewer system.
h. The database number for integration and correlation with the City’s infrastructure database. i. NASSCO rating scores, including Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR), and Overall Pipe Rating (OPR), offering a detailed structural and maintenance assessment. j. Detailed observations, comments, and recommendations, with laterals referenced to the footage counter and video clock (tape counter), ensuring a thorough documentation of the inspection findings.
k. Pipe segment iWaterID for accurate identification and tracking within the City’s infrastructure management system.

Our approach guarantees that all manhole assessments will be conducted with the highest level of detail and precision, adhering to NASSCO standards and the specific requirements of this project. We are dedicated to providing the City with accurate, actionable data to support effective maintenance and management of the sewer system.

Sewer Lateral Inspection: Houston & Harris, PCS, Inc. will provide inspection of sewer lateral lines via a main line launched lateral camera, following all Sewer Main Television protocols previously explained above.

Data Submission Requirements: Visual Inspection and Digital Encoding- We understand the requirement to conduct visual inspections, digitally encode videos in WMV format (or another mutually agreed upon format), and provide digital logs in PDF format for all inspected sewers. We will ensure that the log and video formats meet the City's approval before we commence any work, adhering to the specified standards for clarity, focus, and freedom from image distortions that could impede the evaluation of the pipe's condition. Cloud Submissions and Digital Encoding Settings- Our team is prepared to comply with the City's specifications for digitally encoded video compression in WMV format. We will provide the City with access to a 1 terabyte Webflex Seat account through WinCan for cloud submissions. The naming conventions for digital video files, Microsoft Access Database files, and PDF report files stored on the cloud will be established in accordance with the City's requirements prior to starting the project. Microsoft Access Database and PDF Logs- We will supply the City with a separate Microsoft Access database file City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 77 4/2/2024 6b
Understanding Scope of Services
for each set of digital video as specified, alongside copies of logs in PDF format. The database will include: An Inspection Table detailing run numbers, operator names, inspection dates, weather conditions, City-supplied database numbers, and comprehensive details about the starting and ending points of the inspection, including manhole IDs, sewer numbers, materials, diameters, and lengths; and Assessment Table documenting observations, including run numbers, footage, assessment codes and translations, remarks, and clock positions. We will ensure that all tabular formats adhere to the City of Santa Ana approved specifications. Submission Timeline and Retention of Copies- All videos and electronic reports will be submitted to the City within 15 calendar days following the completion of each task. We commit to retaining copies of all digital videos and logs for the duration specified in the agreement and will provide additional copies to the City as needed, understanding the volume of video to be reviewed and the potential for delayed requests from the City for replacement data or video.

Database and Digital Media Labeling- Our databases will be numbered sequentially, with each deliverable video recording reflecting a unique number to differentiate each video. This numbering will start as specified by the City and will be meticulously tracked by our team. We will adhere to any changes in the sequence number communicated by the City. All digital media delivered to the City will be labeled with comprehensive information, including street names or locations, inspection limits, dates of inspection, and database numbers, ensuring clear identification and ease of reference for the City. We are fully committed to meeting the City's data submission requirements with diligence and accuracy, ensuring a smooth and efficient process for documenting and reviewing the inspected sewers' conditions.

Our commitment to adhering to the specified database management and digital video file naming conventions is unwavering. We understand the importance of these protocols in maintaining an organized, accessible, and efficient documentation system for the City's sewer inspection project. The following outlines our approach: Sequential Run Numbering and Video File Indexing- We acknowledge the requirement for each database to have runs numbered sequentially, beginning with one. Our operators are instructed to advance to the next run number whenever the camera is withdrawn for any reason, encounters the next manhole or cleanout, or when a run is terminated. This procedure ensures continuity and systematic documentation of the inspection process. Digital Video File Naming Convention- In compliance with the project specifications, digital video files will be named by combining the database number with the run number, adhering to a clear and consistent format. This indexing system will facilitate easy identification and access to specific video runs within the database. Technical Feasibility and File Naming Automation- Should we encounter any technical challenges that render the specified naming convention unfeasible, we are prepared to deliver the files along with the necessary City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 78 4/2/2024 7a
Understanding Scope of Services
tabular information to enable the City to automate the file naming process efficiently. We understand that any deviation from the outlined naming convention requires the City's prior approval, and we are committed to ensuring full compliance with these requirements. Demonstration of Data Input ProceduresBefore commencing work, we will provide the City with a detailed demonstration of our procedures for inputting crucial data into the video database, including City manhole numbers, run numbers, street names, and other relevant information. This demonstration will cover: data encoding practices- how we plan to encode and integrate essential data within the video database to ensure accuracy and completeness; quality and uniformity assurance- the measures we will implement to guarantee the quality and uniformity of the encoded data, preventing discrepancies and ensuring consistency across all digital files; review and approval process- opportunities for the City's review and feedback on our data input procedures to ensure they meet the project's standards and requirements.

Comprehensive Information- Each digital report will contain the following information as a minimum requirement:
a. Date and time of inspection to document the specific timeframe of the assessment. b. Houston & Harris, PCS, Inc. as the Contractor performing the inspection. c. Names of the operating technician/inspector involved in the assessment to ensure accountability and traceability.
d. Pipe size, material, and the total length of the inspected segment for a complete understanding of the infrastructure.
e. Number and street or intersection location along with the City designated number for the starting manhole, providing a clear starting point for the inspection. f. Number and street or intersection location along with the City manhole number for the ending manhole, indicating the conclusion of the inspection path. g. Direction of inspection (upstream or downstream) to understand the flow and layout of the sewer system.
h. The database number for integration and correlation with the City’s infrastructure database. i. NASSCO rating scores, including Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR), and Overall Pipe Rating (OPR), offering a detailed structural and maintenance assessment. j. Detailed observations, comments, and recommendations, with laterals referenced to the footage counter and video clock (tape counter), ensuring a thorough documentation of the inspection findings.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 79 4/2/2024 7b
Understanding Scope of Services
k. Pipe segment iWaterID for accurate identification and tracking within the City’s infrastructure management system.

Traffic control: We fully acknowledge that the responsibility for traffic control during sanitary sewer inspections rests with us, the Contractor. Our traffic control measures will strictly adhere to the guidelines set forth in the Work Area Traffic Control Handbook (WATCH). We understand the importance of ensuring the safety and efficiency of traffic flow around work areas, particularly on arterial streets where we will deploy flashing arrow boards to alert and guide vehicular traffic safely around our operations. In compliance with the project specifications, all our vehicles and towed equipment involved in the project will prominently display "City of Santa Ana Authorized Contractor" magnet signs. These signs will be affixed in visible locations to ensure clear identification of our equipment and personnel as authorized entities working within the City. We will refer to ATTACHMENT 6: EQUIPMENT SIGNS for specific guidelines on the design and placement of these signs. We are committed to conducting our operations within the framework of all applicable federal, state, and local laws, rules, regulations, ordinances, and statutes. Our adherence to these legal and regulatory requirements is paramount, ensuring that our work on this project is not only compliant but also upholds the highest standards of professional conduct. As an independent Contractor, we bring a team of experienced, knowledgeable, and professional staff dedicated to delivering high-quality services. Our commitment extends to being responsive and maintaining excellent working relationships with all stakeholders, including city residents, businesses, government officials, and City staff. We guarantee adequate staffing levels to meet the project's demands and will strictly adhere to established schedules. Our project management team will ensure that our workforce is well-coordinated and that all project milestones are met within the agreed timelines, minimizing disruptions to the community and ensuring the smooth progression of the project. In summary, our approach to traffic control, equipment signage, legal compliance, and professional conduct is designed to meet the City's requirements and exceed expectations. We look forward to contributing our expertise to the sanitary sewer inspection project while ensuring safety, efficiency, and positive community relations.

As-needed sewer CCTV inspection and sewer cleaning: Houston & Harris, PCS, Inc. will provide estimates as requested for as-needed sewer CCTV inspection and/or sewer cleaning. Tasks completed as-needed will be based on time and material using company hourly rates. As-needed requests will be responded to within 24 hours upon authorization by the City and following all previously outlined specifications.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 80 4/2/2024 8
Relevant Project Experience
City of Santa Ana
220 S. Daisy Ave., M-85
Santa Ana, CA 92703
Kathia Reyes- 714-647-3319
From 2003 through 2022 Houston & Harris, PCS, Inc. was contracted by the City of Santa Ana Public Works Agency. This contracted relationship allowed Houston & Harris, PCS, Inc. to work closely with the City of Santa Ana, serving as an extension of the City’s resources, with the shared goal of seamlessly executing the annual sewer cleaning and CCTV inspection goals. Throughout the last 20 years Houston & Harris PCS, Inc. has become familiar with city’s sanitation system, data management software and personnel allowing for efficient communication between all parties at every level.

Accumulating over 5,000,000 feet of total wash and CCTV inspection, Houston & Harris, PCS, Inc. has navigated the City’s sanitary system several times and is extremely knowledgeable of the areas that require special care or creative solutions for successful, on-time completion. Along with sewer maintenance, Houston & Harris, PCS, Inc. worked closely with City crews to aid in clean-up efforts after water main breaks and a variety of other emergencies. These efforts focus on expediting the clean up to minimize the impact to the residents of the affected area. The partnership that has been built together over the last 20 years is one that is valued by both the employees and administration at Houston & Harris. We aim tirelessly to fulfill the needs of the city, even if it does not relate to our typical services offered. When tropical storm Hillary came to California in 2023, Houston & Harris offered all available staff, including the president of the company, to aid in the filling of sandbags to help the residents of Santa Ana. In short, Houston & Harris, PCS, Inc. considers the City of Santa Ana not only a customer, but a strategic partner in ensuring the Southern California region is a great place to live.

City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Albert Romo- 657-274-6191
Serving two consecutive 3-year contract terms, Houston & Harris, PCS, Inc. Cleaned over 3,000,000 linear feet and video inspected over 350,000 feet of sanitary sewer in the City of Orange from 2015 to 2022. During this time our firm helped the city focus their existing “hot spot” list by establishing segments which did not belong and finding other sections to be added until a comprehensive list was established. By keeping accurate records of cleaning logs, Houston and Harris was able to assist the City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 81 4/2/2024 9a
Relevant Project Experience
City’s sewer department stay on track through a leadership change, ensuring maintenance goals were not missed during the onboarding process of the new team lead.

City of Placentia
401 E. Chapman
Placentia, CA 92870
Joel Cardenas- 714-920-8859
Currently working on year 3 of the second consecutive 5-year contract, Houston & Harris, PCS, Inc. has cleaned nearly 2,000,000 linear feet and video inspected over 500,000 feet of the City’s sanitary sewer system. Without a data management system in place, Houston and Harris has taken the lead on digitizing cleaning and video reports into a searchable database to allow city personnel to quickly and easily access maintenance record. This has again assisted in the lead transition after the retirement of a long-term sewer lead. Here a “hot spot” list has also been established and is cleaned quarterly. The City of Placentia does not operate its own water company, making coordination through multiple, independent agencies extremely important, ensuring equipment is in place when maintenance efforts are scheduled. Recently, Houston & Harris has also taken the lead on the scheduled maintenance of the sewer lift stations within the city.

Jurupa Community Services District
11201 Harrel Street
Mira Loma, CA
Ashish Marwah- 951-685-7434 x 147
In 2021, Jurupa Community Services District announced a need to quickly Clean and Inspect their entire sanitary system of 2,062,113 linear feet. This work was to be broken into 5 individual contracts in two cities with overlapping timelines. Houston & Harris was awarded all five contracts, delivering the final product on time, and within budget. The project offered Houston & Harris plenty of “firsts” within the scope of the work. With a phone app-based tracking system to AI software screening each sewer segment, these contracts highlighted the importance of having a highly skilled and trained IT team.

After each sewer inspection underwent a quality control check, the data was prepped for upload.

Thousands of sewer inspections were remotely uploaded to the districts servers where the inspections went through another check through an engineered AI program to check for accuracy. The acceptance of each inspection was no small feat, and serves as a testament to the accuracy of the 14 NASSCO certified inspection technicians who played a pivotal role in the timely completion of these projects.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367
San Bernardino, CA 92423
909-422-8990
CA #884167
City Council 13 – 82 4/2/2024 9b

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS

APPENDIX
ATTACHMENT 3: PROPOSER’S REFERENCES
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference
City of Santa Ana Kathia Reyes
Customer Name:___________________________ Contact Individual: ____________________________ 220 S. Daisy Ave., M-85
Address: _________________________________ Phone Number:
___
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6-
_
4 _
7-
_
3 _
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9 _____
______________
Santa Ana, CA 92703
________________________________ Facsimile Number: ____________________________ $300,000 -$400,000 Annually 2003 through 2022
Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

Provide Hydro-Washing & CCTV Inspections of over 5,000,000LF of sanitary sewer mains and over 2,800 sewer manhole inspections as well as providing as needed emergency services.

Reference
City of Orange Albert Romo
Customer Name:___________________________ Contact Individual: ____________________________ 300 E. Chapman Avenue Phone Number: ____
56 _
7 _
-
_
27 _
4 _
6-
_
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9 _ _____
_____________
Address: _________________________________
Orange, CA 92866
________________________________
Contract Amount:
_$_
_
_
,
_
_
_
_
$
_
3 _
0 _
_
,
_
_
_
A_
n
_
u
_
a
_
l
_
y
______
Description of supplies, equipment, or services provided:

Facsimile Number: ____________________________
2015 through 2022 Year: ______________________________________ Provided Hydro-washing of over 3,000,000 LF and over 350,000 LF of CCTV Inspections throughout the city's sanitary sewer system as well as providing quarterly and bi-annual high frequency cleaning to assist in preventing sanitary sewer overflows.

Reference
City of Placentia Joel Cardenas
Customer Name:___________________________ Contact Individual: ____________________________ 401 E. Chapman Ave.,
Address: _________________________________
714-920-8859
Phone Number: ______________________________
Facsimile Number: ____________________________
Placentia, CA 92870
________________________________
2016 - Ongoing $202,967 - $197,356 Annually Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

Provide Hydro-washing of nearly 2,000,000 LF and CCTV Inspection of over 5000,000 LF of sewer mains as well as provide quarterly "hot spot" cleaning and emergency response to sanitary sewer overflows.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers 10a

City Council 13 – 83 4/2/2024

CITY OF SANTA ANA
RFP NO.: 24-003

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Reference
Jurupa Community Services District
Customer Name:___________________________
Asish Marwah
Contact Individual: ____________________________
11201 Harrel Street 951-685-7434 x 147 Address: _________________________________ Phone Number: ______________________________ Facsimile Number: ____________________________
Year:
__
2 _
0 _
2 _
1 _
-
_
2 _
02 _
3 _____________________________
Mira Loma, CA 91752
________________________________
Contract Amount:
_
$
_
1 _
9,
_
8 _
6 _
1,
_
5 _

2. _
0 _
________________
Description of supplies, equipment, or services provided:

Provided a complete sanitary sytem evaluation consisting of hydro-wash and CCTV iinspection of 2,062,113 LF through two cities over 5 seperate contract tasks.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers 10b

City Council 13 – 84 4/2/2024
Attachment 1
Resumes
Organizational Chart
City Council 13 – 85 4/2/2024
Larry Houston
[email protected]
(909) 721-1756
Summary of Qualifications
Over 35 years of work experience in the construction industry. Possess a California A- General Engineering Contractor’s License and D-38 Sand & Water Blasting Contractor’s License. Principal contracting experience includes sewers, water lines, pipelines & other systems for the transmission of petroleum and other liquid or gaseous substances, grading, trenching, paving and surfacing work, cement and concrete works in connection with the above mentioned fixed works. Extensive experience in managing information for decision making and results. Skilled as a first responder and in practicing safe workplace protocols. Excellent background in collaborating on cross-functional teams, effectively manage stress, and managing information in a fast-paced environment. Excellent written and spoken communication skills.

Certifications
July 2006– California A General Engineering Contractors License #884167 July 2006- California Contractors State License #884167 D38-Sand and Water Blasting California Commercial Drivers License
March 2001– University of California Riverside Health and Safety Hazwoper NASSCO Certified
Confined Space Certified
CPR/First Aid Certified
January 1995– Vactor Vehicle Maintenance
February 1993– San Bernardino County Forestry and Fire Warden Department Emergency Vehicle Operations April 1992– EnviAlert Tank Wach II
March 1991– Pollulert Installation
December 1990– California State Fire Marshall Fire Control III May 1988– California State Fire Marshall Fire Control III January 1987– San Bernardino County Forestry and Fire Warden Department Emergency Vehicle Operations Professional Experience
Houston and Harris PCS 2002-present
General Manager, President
Responsibilities: Provide California Contractor bonding for all contracts; provide daily oversight for all field operations; conduct site reconnaissance; develop and execute business plan; manage information and integrate work across relevant areas; ensure a collaborative team environment; contract liaison for Coachella Valley Water District, City of Newport Beach, City of Buena Park, City of Santa Ana, City of Placentia, City of Orange, City of Beaumont, City of Redlands, Home Gardens Sanitary District, Edgemont Community Services District.

Houston and Harris PCS 2000-2002
CCTV Inspection Operator
Responsibilities: Provide exceptional service to internal and external customers; collaborate with management to ensure smooth, innovative operations; California Commercial driver; CCTV inspection of storm drain, sewer, and water lines; WinCan Version 8 digital imaging; PACP/MACP Universal Coding Certification; quality control, data backup, data tracking, data processing, delivery of MPEG & JPEG videos; demonstrate strong work ethic, leadership and interpersonal skills; effectively managed stress in a fast-paced environment; implemented emergency procedures; ensure a collaborative team environment.

Houston and Harris PCS 1992-2000
Combination Cleaning Truck Operator
Responsibilities: California Commercial driver; Storm drain, sewer line, water line, wet well, dry well, sand filter, catch basin, culvert box cleaning; utilize chain flails, root saws and high pressure nozzles for debris removal; ensure compliance with EPA, SSMP and BMP standards.

City Council 13 – 86 4/2/2024
Brad Houston
[email protected]
(909) 721-2708
Summary of Qualifications
Over 17 years of work experience in the construction industry. Principal experience includes sewers, water lines, pipelines, grading, and trenching. Demonstrated experience in small business ownership; developed and implemented a business plan and all management functions associated with owning and operation of a successful small business; experience in ecommerce, and customer relations; Extensive experience in managing information for decision making and results. Skilled as a first responder and in practicing safe workplace protocols. Excellent background in collaborating on cross-functional teams, effectively manage stress, and managing information in a fast-paced environment. Excellent written and spoken communication skills.

Certifications
California Class B Drivers License
University of California Riverside Health and Safety Hazwoper NASSCO Certified
Confined Space Certified
CPR/First Aid Certified
Traffic Control and Flagger Certified
AA Criminal Justice
Professional Experience
Houston and Harris PCS 2017-present
Operations Manager, Vice President
Responsibilities: Provide daily oversight for all field operations; conduct site reconnaissance; develop and execute business plan; manage information and integrate work across relevant areas; ensure a collaborative team environment; contract liaison for Coachella Valley Water District, City of Palm Desert, City of Newport Beach, City of Buena Park, City of Santa Ana, City of Placentia, City of Orange, City of Beaumont, City of Redlands, Home Gardens Sanitary District, Edgemont Community Services District.

Houston and Harris PCS 2007-2017
CCTV Inspection Operator
Responsibilities: Provide exceptional service to internal and external customers; collaborate with management to ensure smooth, innovative operations; California Class B driver; CCTV inspection of storm drain, sewer, and water lines; WinCan digital imaging; PACP/MACP Universal Coding Certification; quality control, data backup, data tracking, data processing, delivery of MPEG & JPEG videos; demonstrate strong work ethic, leadership and interpersonal skills; effectively managed stress in a fast-paced environment; implemented emergency procedures; ensure a collaborative team environment.

Houston and Harris PCS 2007-2017
Combination Cleaning Truck Operator
Responsibilities: California Class B driver; Storm drain, sewer line, water line, wet well, dry well, sand filter, catch basin, culvert box cleaning; utilize chain flails, root saws and high pressure nozzles for debris removal; ensure compliance with EPA, SSMP and BMP standards.

City Council 13 – 87 4/2/2024
Elizabeth Butler
909-422-8990
[email protected]

PROFESSIONAL SUMMARY
Over 20 years of work experience in the construction industry. Over 30 years of work experience in accounting and office management. Principal work experience includes human resources, accounting, and computer software. Possess additional experience in contract management, accounts receivable and accounts payable.

Key Strengths
➢ Over 35 years of ➢ Clear understanding
of daily business
➢ Design &
overall experience maintenance of
office operations general accounting
systems for financial
decisions

PROFESSIONAL EXPERIENCE
Houston & Harris PCS 2002- Present
Office Manager
➢ Oversee daily organizational operations
➢ Review and monitor contracts, loans, leases, capital purchases and joint ventures ➢ Monitor occupational safety and safe work practices
➢ Ensure appropriate professional development training opportunities for staff ➢ Monitor work plans and schedules using standardized processes ➢ Monitor compliance with Federal and State statutes, including Generally Acceptable Accounting Principles
➢ Oversee all aspects of financial reporting, including sales, costs, expenses and profits
➢ Support development of competitive bid preparation and timelines ➢ Ensure maximum organizational potential through customer satisfaction ➢ Evaluate organizational performance
➢ Monitor cash flow and operational expenses
➢ Implement internal control measures
➢ Evaluate staff

EDUCATION
Accounting and Computer Programming
City Council 13 – 88 4/2/2024
Shivon Constantine
909-422-8990
[email protected]

PROFESSIONAL SUMMARY
Over 20 years of work experience in the construction industry. Over 20 years of work experience in payroll and human resources management. Principal work experience includes human resources, weekly corporate payroll, Prevailing Wage computation, documentation and DIR reporting, employee benefits, insurances, retirement funds and overseeing paid time off. Possess additional experience in leadership development.

Key Strengths
➢ Over 20 years of ➢ Clear understanding
of Prevailing Wage
computation and
management
➢ Design &
overall experience maintenance of
hiring practices to
ensure compliance
with all relevant
statute

PROFESSIONAL EXPERIENCE
Houston & Harris PCS 2002- Present
HR and Payroll Manager
➢ Oversee daily human resources and payroll operations
➢ Maintains Prevailing Wage documentation and DIR reports ➢ Maintains updated status on personnel related statute ➢ Review and monitor contracts, loans, leases, capital purchases and joint ventures ➢ Monitor occupational safety and safe work practices
➢ Ensure appropriate professional development training opportunities for staff ➢ Monitor work plans and schedules using standardized processes ➢ Monitor compliance with Federal and State statutes, including labor and wage ➢ Oversee all aspects of payroll reporting
➢ Ensure maximum organizational potential through customer satisfaction ➢ Evaluate organizational performance
➢ Evaluate staff

EDUCATION
Bachelor of Science- Psychology- Hayward University
Continuing Education in Prevailing Wage law
CPR/First Aid
City Council 13 – 89 4/2/2024
Sergio Mora
909-422-8990
[email protected]

PROFESSIONAL SUMMARY
Over 20 years of work experience in the construction industry, with an emphasis on information management and technology. Principal work experience includes all aspects of employee software training, data base processing, and quality control for deliverables regarding sewer, water line & pipeline video and cleaning services. Possess additional experience in providing technical assistance and management of hardware and software.

Key Strengths
➢ A+ Certification ➢ Bilingual Spanish & ➢ Certified NASSCO English trainer

PROFESSIONAL EXPERIENCE
Houston & Harris PCS 2002- Present
Quality Control & Information Technology Manager
➢ Provide training using Wincan, Windows, and NASSCO
➢ Evaluate, create, and process, voice, video, and data transmissions ➢ Monitor organizational networks, features and applications ➢ Evaluate, select, and deploy a variety of network architectures and protocols ➢ Develop conversions for deliverables
➢ Provide quality control for contracted projects, including, but not limited to, Coachella Valley Water District, City of San Diego, City of Chino Hills, City of La Mesa, City of Buena Park, City of Fontana, City of Santa Ana, and Home Gardens Sanitary District
➢ Develop policies and procedures for routine information technology administration
➢ Monitor common network risks and entrance points including internal and external risks, and the implement the tools to neutralize the risks ➢ Implement common techniques for disaster prevention and recovery

EDUCATION
Bachelors Degree- Information Technology ITT TEch
City Council 13 – 90 4/2/2024
Sean Sandoval
909-422-8990
[email protected]

PROFESSIONAL SUMMARY
Over 20 years of work experience in the construction industry, with an emphasis health and safety. Principal work experience includes all aspects of employee safety training, and related equipment quality control for field staff, including proactive risk assessment, and identification of potential safety hazards. Possess additional experience in providing technical assistance and management of hardware and software.

Key Strengths
➢ Over 17 years of
OSHA aligned
➢ Hazwoper Certified ➢ NASSCO Certified
responsibilities

PROFESSIONAL EXPERIENCE
Houston & Harris PCS 2020- Present
Safety Officer
➢ Create and implement organizational safety plans
➢ Provide organizational safety training to staff
➢ Create and implement risk assessment tools
➢ File safety reports
➢ Develop policies and procedures for safety protocols
➢ Implement common techniques for injury prevention
➢ Evaluate staff compliance with stated health and safety policy

CERTIFICATIONS
Hazwoper
NASSCO
Confined Space Entry
Operations/Rescue
CPR/First Aid
Traffic Control and Flagger
City Council 13 – 91 4/2/2024
Field Personnel Summary Resume
Frank Tellez, 2001 to present
•
•
•
•
Video & Vactor Operator
NASSCO Certified
Hazwoper Certified
CPR/First Aid
• Traffic Control & Flagger Certified
• Certified in Confined Space Entry,
Operations/Rescue
Alex Leandro, 2004 to present
•
•
•
Vactor Operator • Certified in Confined Space Entry,
CPR/First Aid Operations/Rescue
Traffic Control & Flagger Certified
Juan Machain, 2005 to present
•
•
•
Vactor Operator • Certified in Confined Space Entry,
CPR/First Aid Operations/Rescue
Traffic Control & Flagger
Certified
Juan Chavez, 2006 to present
•
•
•
Vactor Operator • Certified in Confined Space Entry, Operations/Rescue • Operations/Rescue
•
CPR/First Aid
Traffic Control & Flagger Certified OSHA 10 Certified
Richard Dion, 2021to Present
• Vactor & Video Operator • NASSCO Certified
P.O Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
City Council 13 – 92 4/2/2024
Field Personnel Summary Resume
Kevin Gomez, 2017 to Present
• Video Operator •
•
•
Certified in Confined Space Entry, Operations/Rescue
• NASSCO Certified
• CPR/First Aid
OSHA 10 Certificate
Laborer
• Traffic Control & Flagger Certified
Ivan Gomez, 2017 to Present
•
•
•
Video Operator • CPR/First Aid
NASSCO Certified
Hazwoper Certified
•
•
Certified in Confined Space Entry, Operations/Rescue
Traffic Control & Flagger Certified
Christian Perdomo, 2020 to Present
•
•
Video Operator • CPR/First Aid
NASSCO Certified • Traffic Control & Flagger Certified
• Laborer
Miguel Barba, 2020 to Present
• Video Operator • CPR/First Aid
• NASSCO Certified • Traffic Control & Flagger Certified Javier Rodriguez, 2021 to Present
• Video Operator •
•
CPR/First Aid
• NASSCO Certified Traffic Control & Flagger Certified
P.O Box 10367
San Bernardino, CA 92423
909-422-8990 P
CA #884167
City Council 13 – 93 4/2/2024
Houston & Harris PCS, Inc. Organization Chart
Larry Houston
President / General Manager
Brad Houston
Vice-President
Sean
Sandoval
Inventory &
Safety Officer
Estimating
Brad Houston
Elizabeth Butler
Office/ Contract
Manager
Shivon
Constantine
Sergio Mora

IT & QC
Manager Operations Manager
Scheduling
25%
HR & Payroll
10% Manager 40%
5%
Marlene Garcia Gustavo
Pineda
Bryan Cortez
Office Assistant QC Supervisor
Payroll Assistant
Field
Personnel
CCTV Operator
100%
Jesse Becerra
QC Technician
Hydro-wash
Operator 100%
City Council 13 – 94 4/2/2024
Attachment 2
➢ Non-Collusion Affidavit
➢ Non-Lobbying Certification
➢ Non-Discrimination Certification
➢ Prevailing Wage Compliance and
Monitoring Statement
➢ Fleet Compliance Certification
City Council 13 – 95 4/2/2024
City Council 13 – 96 4/2/2024
City Council 13 – 97 4/2/2024
City Council 13 – 98 4/2/2024
City Council 13 – 99 4/2/2024
City Council 13 – 100 4/2/2024
City Council 13 – 101 4/2/2024
City Council 13 – 102 4/2/2024
City Council 13 – 103 4/2/2024

EXHIBIT C

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 13 – 104 4/2/2024
City Council 13 – 105 4/2/2024
City Council 13 – 106 4/2/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Bond Counsel and Disclosure Counsel Related to Water Revenue Bonds

AGENDA TITLE
Legal Services Agreement with Best Best & Krieger LLP for Bond Counsel and Disclosure Counsel for Potential Water Enterprise Revenue Bond Issuance (NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Best Best & Krieger LLP for bond counsel and disclosure counsel services related to a potential water enterprise revenue bond issuance for a not-to-exceed amount of $88,000 for a term expiring September 30, 2025 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City’s 2019 Water Enterprise rate study indicated the future need to issue debt and raise capital for improvements to the City’s water delivery system. Over the last several years, the Water Enterprise has been making progress on improvements, such as well rehabilitation, pump stations, and the Advanced Metering Infrastructure (AMI) project.

Following an updated analysis by the water rate study consultant, it has been determined that at least $30 million in additional capital is needed to maintain the delivery of vital water projects.

The water enterprise has existing revenue bonds issued in 2014, which refunded 2004 bonds and provided additional capital for improvement projects. The potential 2024 revenue bonds would likely refund the 2014 bonds and provide the additional capital.

In preparation of funding future improvements via a bond, the City is gathering a bond team. Best Best & Krieger LLP (BBK)’s attorneys are experienced to provide the services and have worked on past City bond issuances. The City’s Financial Advisor, Urban Futures, Inc., has compared the proposed fees to recent bond issuances for other agencies and found them to be competitive. If bonds are issued, BBK’s fees will be paid from bond proceeds. If bonds are not issued, the Water Enterprise will be City Council 14 – 1 4/2/2024
Bond Counsel and Disclosure Counsel for Potential Water Enterprise Revenue Bonds April 2, 2024

obligated to pay BBK $25,000 plus up to $3,000 of out-of-pocket expenses for services rendered.

Staff expects to bring a bond issuance proposal to the City Council over the next several months. Bonds cannot be issued without City Council approval.

FISCAL IMPACT
If bonds are issued, bond counsel and disclosure counsel will be paid from bond proceeds. If no bonds are issued, the Water Enterprise will pay up to $28,000 from account 06017645-62300 (Water Admin & Engineering, Contract ServicesProfessional).

EXHIBIT(S)

1. Agreement
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager
City Council 14 – 2 4/2/2024
09960.00000\42067547.1 1

LEGAL SERVICES AGREEMENT WITH

BEST BEST & KRIEGER LLP
This AGREEMENT, made and entered into this 2nd day of April, 2024, by and between Best Best & Krieger LLP (“Bond Counsel”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City”).

RECITALS
A. The City of Santa Ana desires to employ Bond Counsel to provide legal services described as Disclosure and Bond Counsel Services related to a proposed issuance for Water Revenue Bonds (the “Bonds”) issued with the participation of the Santa Ana Financing Authority, as further detailed below.

B. Bond Counsel represents that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning the above services, and desire to undertake such services.

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

1. RETENTION OF BOND COUNSEL On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Bond Counsel, for the compensation hereinafter specified, to provide, and Bond Counsel agrees to provide, legal services in connection with the issuance of Bonds. Such services shall include the rendering of legal opinions (hereinafter called the “opinions”) pertaining to the issuance of the Bonds to the effect that  The Bonds have been properly issued and are valid and binding obligations; and  The essential sources of security for the Bonds have been legally provided; and  Interest on the Bonds is exempt from federal gross income and California personal income taxation.

Bond Counsel’s services will also include:
 Researching applicable laws and ordinances relating to the proposed Bonds;  Attending conferences and consulting with City staff and counsel regarding such laws, and the need for amendments thereto, or additional legislation;  Participating in meetings, conferences or discussions with any financial advisors, underwriters or other experts retained by the City with respect to the issuance of the Bonds;
 Supervising and preparing documentation of the steps to be taken through the issuance of the Bonds, including: (city comment: because the agreement is already organized into numbered provisions, recommend that the points below be given alpha designation or other)
EXHIBIT 1
City Council 14 – 3 4/2/2024
09960.00000\42067547.1 2

1. Drafting all resolutions, notices, rules and regulations and other legal documents required for the issuance of the Bonds, and all other documents relating to the security of the Bonds, in consultation with the City, the City’s financial advisor, underwriter and other experts;

2. Preparing the record of proceedings for the authorization, sale and issuance of the Bonds;

3. Assisting in the preparation of the portions of the official statement for the sale of the Bonds which relate to the terms of the Bonds and the firm’s legal opinion delivered with respect to the Bonds;

4. Reviewing the purchase contracts or the bidding documents relating to the sale of the Bonds and participating in the related negotiations;

5. Participating in meetings and other conferences scheduled by the City, the City’s financial advisor or the underwriter;

6. Consulting with prospective purchasers, their legal counsel and rating agencies;

7. Consulting with the City concerning any legislation or litigation which may affect the Bonds, the security for the Bonds, or any other matter related to the issuance of the Bonds;

8. Consulting with any trustee or fiscal agent for the Bonds and their counsel;

9. Preparing the form of the Bonds, and supervising their production or printing, signing, authentication and delivery;

10. Rendering the final approving opinion as to the validity of the Bonds for use and distribution upon their issuance; and

11. Rendering a legal opinion to the underwriter or purchaser of the Bonds as to the applicability of the registration requirements of federal securities laws and a statement as to the fair and accurate nature of those portions of the Official Statement described in (d) above.

Bond Counsel further agrees to prepare the Official Statement and will provide a letter addressed to the underwriter or purchaser of the Bonds to the effect that, to the best knowledge of Bond Counsel, the offering document (exclusive of financial, statistical and certain other information therein) does not misstate a material fact or omit a material fact required to be stated therein.

Finally, in addition to bond counsel services, Bond Counsel will prepare the documents necessary to establish a new joint powers financing authority to act as the issuer of the bonds for the benefit of the City and any future issuances for the City.

Bond Counsel accepts said retention and agrees to perform, in a timely and efficient manner, all such services as may be requested by the City.

City Council 14 – 4 4/2/2024
09960.00000\42067547.1 3

2. COMPENSATION FOR SERVICES RENDERED
a. For services to be rendered as Bond Counsel and Disclosure Counsel to the City in connection with the issuance of the Bonds, Bond Counsel will be paid a flat fee of $85,000.
b. The fees referenced in this Section 2(a) and (b) shall be paid to Bond Counsel on the closing date and shall be payable solely from Bond proceeds; provided that, if the City does not elect to pursue the issuance of the Bonds, the City shall pay Bond Counsel the $25,000 referenced above plus the expenses incurred as specified below. c. The fees referenced in this Section assume that the Bonds will be issued within eighteen months from the date of this Agreement. In the event the Bonds are not issued within that time, Bond Counsel reserves the right to make such modifications to the foregoing fees as the City and Bond Counsel agree, as justified by reason of increased cost to Bond Counsel and the then prevailing fees for disclosure counsel and bond counsel services for Bonds.
d. The total sum to be expended under this Agreement, shall not exceed $88,000, including any extension periods
e. City agrees to reimburse Bond Counsel for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement.

In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. All expenses must have supporting documentation submitted with the invoice.

3. METHOD OF PAYMENT Bond Counsel shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Bond Counsel on its behalf are due and owing within 60 days of the work being performed. At Bond Counsel’s discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 60 days of written demand by Bond Counsel for payment. Unless expressly stated thereon, monthly statements generated by Bond Counsel shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred.

4. CONTROL OF LEGAL MATTERS Bond Counsel agrees that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of City at all stages, and that they shall at all times keep the City informed of all matters pertaining thereto. City will keep Bond Counsel informed of all significant developments in matters relating to any representation undertaken by Bond Counsel. Bond Counsel further agrees, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.

City Council 14 – 5 4/2/2024
09960.00000\42067547.1 4

5. REPORTING REQUIREMENTS Bond Counsel agrees to keep the City, and any other person(s) designated by the City, informed of significant events in the Actions. a. (a) and (b) probably not pertinent here

6. TERM The term of this Agreement shall commence on the date first written above and terminate on September 30, 2025, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney.

7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Bond Counsel is and shall be independent contractors, and not officers or employees of City.

8. INSURANCE
Prior to undertaking performance of work under this Agreement, Bond Counsel shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Bond Counsel.

MINIMUM SCOPE AND LIMIT OF INSURANCE
A. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

If Bond Counsel maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Bond Counsel. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:

A. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City.

The City may require the Bond Counsel to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

City Council 14 – 6 4/2/2024
09960.00000\42067547.1 5
Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

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

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

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

9. INDEMNIFICATION Bond Counsel agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Bond Counsel’s negligent or wrongful performance or conduct related to this Agreement.

10. CONFIDENTIALITY All information and documents shared with Bond Counsel as well as all work performed by Bond Counsel in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Bond Counsel and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine.

Accordingly, information received by Bond Counsel from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s prior written approval. Bond Counsel shall provide materials directly to the City Attorney’s Office or to the Finance and Management Services Agency. All such information and any written product in connection with Bond Counsel’s retention under this Agreement, shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT” and shall be the property of the City, and shall be returned/provided to the City with all copies upon the request of the City. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Bond Counsel, disclosed in a publicly available source; (c) is in rightful possession of the Bond Counsel without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Bond Counsel without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE Bond Counsel covenants that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. Bond Counsel represents many of the underwriting firms active in the issuance of Bonds of participation and other municipal financings.

The City hereby provides its informed written consent to Bond Counsel’s representation of such underwriting firms on matters unrelated to the Bonds, provided that, before Bond Counsel City Council 14 – 7 4/2/2024
09960.00000\42067547.1 6
undertakes such a matter, it has first reasonably concluded that it can represent both the City’s and the underwriting firms’ interests without compromising Bond Counsel’s independent judgment or lessening its vigorous representation of either client and also takes timely and effective steps to protect all confidential information provided by and to each client.

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

To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Bond Counsel: Kim Byrens
Best Best & Krieger LLP
3390 University Avenue, 5th Floor
Riverside, CA 92501
A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Bond Counsel, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Bond Counsel. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Bond Counsel or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or City Council 14 – 8 4/2/2024
09960.00000\42067547.1 7
otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein.

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

15. TERMINATION This Agreement may be terminated by City at any time. In such event, Bond Counsel shall be entitled to receive and the City shall pay Bond Counsel compensation for all services performed by Bond Counsel prior to receipt of such notice of termination. As a condition of such payment, Bond Counsel shall deliver to the City all files and records generated under this Agreement as of such date.

Bond Counsel may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel.

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

17. JURISDICTION – VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.

Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.

City Council 14 – 9 4/2/2024
09960.00000\42067547.1 8

20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Bond Counsel have been retained, that law is not an exact science, that Bond Counsel has made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Bond Counsel’s opinion only. In other words, Bond Counsel makes no representations or guarantees of success regarding any matter.

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

ATTEST:
_________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _________________________
Andrea Garcia-Miller
Assistant City Attorney

RECOMMENDED FOR APPROVAL
_____________________________
Kathryn Downs, CPA
Finance and Management Services
Agency

CITY OF SANTA ANA
____________________________
Thomas R. Hatch
Interim City Manager

BEST BEST & KRIEGER LLP
By: ______________________________
Kim Byrens
Partner
Kathryn Downs (Mar 18, 2024 11:01 PDT)
City Council 14 – 10 4/2/2024
Santa Ana - 2024 Legal Services Agreement-c1
Final Audit Report 2024-03-18
Created: 2024-03-18
By: Kristin Andrade ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAOuejp7c4FbWWpsd88Kua6IsCxIeG6G-L "Santa Ana - 2024 Legal Services Agreement-c1" History
Document created by Kristin Andrade ([email protected]) 2024-03-18 - 5:43:46 PM GMT
Document emailed to Kathryn Downs ([email protected]) for signature 2024-03-18 - 5:44:09 PM GMT
Email viewed by Kathryn Downs ([email protected])
2024-03-18 - 6:01:10 PM GMT
Document e-signed by Kathryn Downs ([email protected]) Signature Date: 2024-03-18 - 6:01:27 PM GMT - Time Source: server Agreement completed.
2024-03-18 - 6:01:27 PM GMT
City Council 14 – 11 4/2/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services

AGENDA TITLE
Agreement with Hera Property Registry, LLC for Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services for Administering the City’s Property Registration Program

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Hera Property Registry, LLC to provide foreclosure, abandoned vacant lots, and structure registration program services for a three-year term expiring April 1, 2027,with an option for two one-year extensions (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Property registry vendors offer professional services that grant cities access to real-time ownership information and data related to real estate and financial transactions. This information can potentially be relied upon to predict situations that may lead to, or result in, the abandonment or foreclosure of real properties. The data and information provided by these vendors assists the Code Enforcement Division in identifying and monitoring the ongoing maintenance of various properties, including vacant lots, structures, and historic properties. This proactive approach aims to prevent these properties from deteriorating and becoming attractive or public nuisances. Additionally, these companies play a role in program administration by notifying responsible parties about the City's program and registering such properties on behalf of the City.

In June 2023, the City received notification that the approved property registration vendor, Pro Champs Registry, had filed for bankruptcy and was no longer able to provide maintenance registration services. Pro Champ Registry had initially been selected as an approved vendor by the City on December 19, 2017 and was subsequently awarded a contract for services on December 7, 2021.

City Council 15 – 1 4/2/2024
Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services April 2, 2024

To ensure uninterrupted services, Request for Proposals (RFP) no. #23-133 was issued on October 19, 2023 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
• 657 Vendors notified
• 18 Santa Ana vendors notified
• 26 Vendors downloaded the RFP packet
• 3 Proposals received
• 0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on November 17, 2023, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsible, responsive to the specifications, and met the City’s requirements. A selection committee consisting of Code Enforcement staff members reviewed and rated the proposals employing the following criteria:
• Responsiveness to RFP
• Experience of Firm and Personnel
• Cost of Proposal
• References
Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

Firm Location Rank
Hera Property Registry, LLC Melbourne, FL 1
MuniReg, LLC Woodmere, OH 2
OpportunitySpace Inc. dba Tolemi Boston, MA 3
Staff recommends awarding an agreement with Hera Property Registry, LLC, the highest-ranked firm.

Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which notified five Planet Bid categories totaling 657 Vendors.

The bid categories consisted of Database Software (1), Database Software (2), Real Estate Management Services Program, Project Development and Management Services, and Record Management Services. Of these vendors, 18 were identified as Santa Ana firms and none submitted a proposal for these specialty services.

FISCAL IMPACT
The Foreclosure, Abandoned, and Vacant Properties Registration Program miscellaneous fee for FY 2023-24 is $1,328 per registration. Under the agreement, a service fee amount not to exceed $100 may be recovered by the vendor from each City Council 15 – 2 4/2/2024
Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services April 2, 2024

registration fee collected. The net amount remitted to the City is $1,228 (the foreclosure fee of $1,328 less the $100 service fee retained by the vendor). The funds received will be deposited in the Foreclosure Registration Program (account no. 01116002-53628).

In the last five fiscal years, this program on average, registered 328 vacant properties and collected $282,324 per year.

EXHIBIT(S)

1. Agreement with Hera Property Registry, LLC
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 15 – 3 4/2/2024
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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Spay and Neutering Services for Low-Income Residents

AGENDA TITLE
Agreement with Healthcare and Emergency Animal Rescue Team to Provide Spay and Neutering Services for Qualifying Low-Income Residents

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Healthcare and Emergency Animal Rescue Team (HEART) to provide veterinarian medical services for a spay and neutering program to low-income Santa Ana residents for a three-year term commencing April 3, 2024 and expiring March 18, 2027, with provisions for two oneyear extensions, in an amount not to exceed $75,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
As part of the Fiscal Year 2023-24 budget, the City Council allocated $75,000 for assistance to low-income Santa Ana pet owners with low-cost spay and neuter services.

These services are intended to reduce the unwanted breeding of dog and cat litters resulting in a variety of residual effects in the community.

The City of Santa Ana, through this proposed program, will help subsidize 50% of the cost of spay and neutering of dogs and cats using the City’s approved vendor. The remaining portion will be the responsibility of the resident. Under the program, a licensed pet owner living in a qualifying low-income area is eligible for this one-time subsidy. The program will be in effect until funding has been depleted.

Background and Selection
The Request for Proposals (RFP) No. 23-180 was issued on December 4, 2023, on the City’s online bid management and publication system, Planet Bids, inviting qualified service providers with relevant experience to submit their proposals to the City. A summary of vendor participation and results from Planet Bids is as follows:
9 Vendors notified
0 Santa Ana vendors notified
4 Vendors downloaded the bid packet
City Council 16 – 1 4/2/2024
Spay and Neutering Services for Low-Income Residents
April 2, 2024

1 Bid received
0 Bids received from Santa Ana vendors
Proposals were solicited, opened on January 9, 2024, and evaluated. One proposal was submitted by the RFP deadline and it was determined to be responsible, responsive to the specification, and met the City’s requirements by a selection committee consisting of staff members from the Animal Services Division. Staff recommends awarding an agreement to the sole proposer, HEART. The proposal submitted by HEART, located in Yorba Linda, has a unique approach to focus its services in low-income, underserved communities, working with thousands of pet owners experiencing homelessness and financial hardships. HEART has been servicing different cities and counties with their mobile clinic for over 10 years, providing a multitude of services including pet wellness, spay and neuter clinics, and veterinarian.

Local Outreach Efforts
In addition to the vendors notified by the City’s online bid management and publication system, PlanetBids, Purchasing staff performed supplemental outreach by personally contacting eight Santa Ana and seven Orange County service providers by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process.

FISCAL IMPACT
Funding for this agreement for $75,000 was approved for expenditure in the Fiscal Year 2023-24 Council approved budget. Future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure. 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 UnitAccount No.Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01116570-62300 General Fund Planning & Building, Animal Services, Contract Services –
Professional
$75,000
TOTAL $75,000

EXHIBIT(S)

1. Agreement with Healthcare and Emergency Animal Rescue (HEART) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager
City Council 16 – 2 4/2/2024

AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

HEART - HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM

TO PROVIDE SPAY AND NEUTER CLINIC SERVICES
THIS AGREEMENT is made and entered into this 2nd day of April, 2024 by and between HEART - Healthcare & Emergency Animal Rescue Team, a California nonprofit organization (“Provider”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 4, 2023, the City issued Request for Proposal (“RFP”) No. 23-180, by which it sought proposals from qualified providers for low-cost spay and neutering clinical services for low-income Santa Ana residents.

B. Provider submitted a timely and responsive proposal that was selected by the City.

Provider represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-180, attached here as Exhibit A to the Agreement.

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

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

1. SCOPE OF SERVICES
a. Provider shall perform during the term of this agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the Scope of Services that was included in RFP No. 23-180 and attached hereto as Exhibit A, and as more specifically delineated in Provider’s proposal, which is attached as Exhibit B (excluding resumes and attachments) and incorporated by reference.
b. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, the inconsistency shall be resolved by giving precedence in the following order:
(1) This Agreement;
(2) The scope of services included in RFP No. 23-180 and attached as Exhibit A; (3) Provider’s proposal, attached as Exhibit B.

City Council 16 – 3 4/2/2024

2. COMPENSATION
a. City agrees to pay, and Provider agrees to accept as total payment for its services for City, fifty percent (50%) of the rates and charges identified in Exhibit B for low-income Santa Ana residents residing in the Qualified Census Tracts Eligibility Map included in RFP No. 23-180, attached as Exhibit C and incorporated by reference, as it may be updated from time to time. The Santa Ana resident will pay the remaining amount directly to the Provider. The total amount to be expended during the term of this Agreement, including any optional extension periods defined below, shall not exceed Seventy-Five Thousand Dollars and Zero Cents ($75,000).
b. To receive compensation as described in Section 2.a, above, Provider shall verify lowincome Santa Ana residents residing in the Qualified Census Tracts Eligibility Map included in RFP No. 23-180, attached as Exhibit C, as it may be updated from time to time, by inputting a prospective client’s home address, as attested to by the prospective client, in the search field at:
https://hudgis-hud.opendata.arcgis.com/datasets/HUD::qualified-censustracts/explore?location=33.748640%2C-117.878571%2C13.50 c. Provider may submit detailed monthly reports/invoices as detailed in Exhibit A, section 9 via fax or email as identified in Section 12 of this Agreement. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Provider agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Provider agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Provider’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above with a termination date of March 18, 2027, with the option for the City to grant up to two (2) one (1)-year renewals, exercisable by a writing by the City manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. INDEPENDENT CONTRACTOR
Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations City Council 16 – 4 4/2/2024

governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

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

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(3) Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Provider provides written verification it has no employees.)
(4) Professional Liability (Errors and Omissions): Insurance appropriate to the Provider’s profession, with limit no less than $1,000,000 per occurrence or claim, City Council 16 – 5 4/2/2024

$2,000,000 aggregate.
(5) Broader Coverage: If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
b. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (2) Primary Coverage: For any claims related to this contract, the Provider’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation that any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

City Council 16 – 6 4/2/2024

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

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
(8) Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Provider shall ensure that City is an additional insured on insurance required from subcontractors. (9) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

City Council 16 – 7 4/2/2024

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

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

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

11. CONFLICT OF INTEREST CLAUSE
Provider covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by City Council 16 – 8 4/2/2024

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

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
[email protected]
With a copy to:

Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: 714-647-5897
[email protected]
To Provider:

HEART - Healthcare & Emergency Animal Rescue Team
Attn: Deborah Kopit, CEO
P.O. Box 974
Yorba Linda, CA 92885
Fax: 657-444-2210
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and City Council 16 – 9 4/2/2024

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

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

15. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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

17. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined City Council 16 – 10 4/2/2024

and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

18. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page follows]
City Council 16 – 11 4/2/2024

SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

HEART - HEALTHCARE & EMERGENCY ANIMAL RESCUE TEAM

TO PROVIDE SPAY AND NEUTER CLINIC SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:
________________________
Jennifer L. Hall
City Clerk

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra
Deputy City Attorney

CITY OF SANTA ANA
________________________
Thomas R. Hatch
Interim City Manager

HEART - HEALTHCARE &

EMERGENCY ANIMAL RESCUE
TEAM
________________________
Deborah Kopit
CEO, Operations Manager

RECOMMENDED FOR APPROVAL
Minh Thai
Executive Director
Planning and Building Agency
City Council 16 – 12 4/2/2024

EXHIBIT A
Scope of Services (RFP No. 23-180)

City Council 16 – 13 4/2/2024

CITY OF SANTA ANA
Contractor shall perform services as set forth below:
1) Provide spay and neuter services to cats and dogs in either a mobile or permanent/brick and mortar veterinarian clinic location in accordance with a mutually agreed upon schedule and deployment plan in the community.
a. The City will establish a flat fee for service agreement with Contractor for Program services and pay for 50% percent of the cost of each spay/neuter. The resident will pay the remaining amount directly to the Contractor.
b. Days and hours of operations may include both weekdays and weekends. Contractor’s schedule must be published online and by other appropriate media to effectively reach the target population. Proposal must include links or social media handles where Proposer’s hours of operation are found.
2) Contractor should be prepared and have capacity to service an average of 100 dogs and 100 cats annually. Proposers must include in their proposal a number of animals for which they can provide services.
3) Coordinate with the City’s assigned Project Manager or designee regarding schedule, deliverables, and services provided as specified herein. 4) If Proposer is a mobile spay and neuter clinic, the following equipment within the mobile unit is required: power generator, HVAC, electrical outlets, water tank, water pump, work sink, restroom, oxygen concentrators, portable anesthesia unit, oxygen tents, examination table with exam light, medical refrigerator and drug lock box, collapsible crates/kennels, and medical supplies storage. a. Proposer must show capability of being able to provide the minimum service through data, statistics, and/or references.
5) If Proposer has a Veterinarian Clinic in the City of Santa Ana or nearby, the businesses is required to be in good standing with the City and have all approvals and permits required by state, federal, and local laws and regulations.
6) Conform to all surgical sterilization methods as required by the California Veterinary Medicine Practice Act.
7) Properly and legally dispose of hazardous waste generated by the Contractor, whether operating via mobile clinic or permanent facilities.
8) Provide City detailed monthly reports listing the following per service/transaction at minimum:

Date service/surgery performed;
Invoice amount per service;
Type of surgery performed;
Resident’s full name, address and contact information;

EXHIBIT I

SCOPE OF SERVICES
City of Santa City Council Ana RFP 23-180 Page 19 of 35 16 – 14 4/2/2024

CITY OF SANTA ANA
Animal’s name, age, breed, and weight; and
Include information regarding any complications, issues, or other pertinent information regarding provision of service;
All additional information required to show proof of service and costs. 9) Submit prior month’s report no later than the tenth (10th) day of the following Month. Monthly reports shall be delivered to the following address:

City of Santa Ana
Code Enforcement
20 Civic Center Plaza-M19
Santa Ana, CA 92702
10) All documents, records, application, files, and other materials provided in connection with services rendered under this agreement shall be the property of the City of Santa Ana and shall be provided to the City within seven (7) business days, upon request and/or upon the termination of this agreement.
11) The City shall have the right to audit the books, records, and accounts that are related to this agreement at any time and at its own discretion.

City of Santa City Council Ana RFP 23-180 Page 20 of 35 16 – 15 4/2/2024

EXHIBIT B
Proposal
City Council 16 – 16 4/2/2024
City Council 16 – 17 4/2/2024
City Council 16 – 18 4/2/2024
City Council 16 – 19 4/2/2024
City Council 16 – 20 4/2/2024
City Council 16 – 21 4/2/2024
City Council 16 – 22 4/2/2024

EXHIBIT C
2023 Qualified Census Tracts Eligibility Map
City Council 16 – 23 4/2/2024
City of Santa City Council Ana RFP 23-180 Page 28 of 35 16 – 24 4/2/2024 Police Department
www.santa-ana.org/police
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Police Evidence Storage Warehouse Lease Agreements

AGENDA TITLE
Lease Agreements with Rick Kagasoff for Two Warehouse Locations for the Santa Ana Police Department Evidence Section in the Amount of $877,200

RECOMMENDED ACTION
Authorize the City Manager to execute three-year lease agreements with Rick Kagasoff for two separate warehouse locations for the period of May 1, 2024 through April 30, 2027, with an option for one 1-year extension, in an aggregate amount not to exceed $877,200 (Core Agreement No. A-2024-XXX):
• Warehouse 1 – 6,500 sq. ft. industrial building in an amount not to exceed $438,600
• Warehouse 2 – 6,500 sq. ft. industrial building in an amount not to exceed $438,600
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department’s Evidence Section utilizes two warehouse locations to store large evidence items related to the mandatory evidentiary storage of illegal cannabis locations and gambling locations. Due to the size of the gambling machines and cannabis equipment, the Police Department’s Evidence Section is unable to store these items.

The City Council approved separate three-year lease agreements with Rick Kagasoff for each location on April 21, 2020 and April 6, 2021. The Police Department exercised the first option for a one-year extension for one warehouse and both agreements are set to terminate at the end of April 2024.

Based on the number of seizures over the past years, these warehouses are close to capacity. Under our current lease, the property owner reinforced the fenced yard space City Council 17 – 1 4/2/2024
Police Evidence Storage Warehouse Lease Agreements
April 2, 2024

between the warehouses at no cost to the City. The warehouse locations have been mutually beneficial to both the property owner and the Police Department, as the property owner appreciates the law enforcement presence in the area. The property owner also added additional lighting, interior reinforced security bars, and permitted infrastructure for cameras and storage.

In March 2024, a search for properties was conducted for current City-owned property that would meet the proper evidentiary requirements per the Department of Justice and none were located and/or available. The current two warehouses met the needed requirements and the property owner negotiated a lower warehouse lease cost of $16.80 per square foot per year. Current price per square foot for industrial warehouses within the City of Santa Ana range from $17.40 to $24. The property owner has partnered with the Police Department on this project and understands the needs of the warehouses for the Department and the benefits to the community. Therefore, staff recommends renewing the lease agreements for both locations.

The proposed three-year lease agreement allows the Police Department to continue its storage of evidence without disruption. The lease agreements will cover the period of May 1, 2024 through April 30, 2027 and each warehouse lease will be $9,100 per month. These agreements also include a one-year extension option, following expiration of this lease, at $9,250 per month.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows:

Fiscal Year Accounting Unit -
Account#
Fund
Description
Accounting Unit,
Account Description Amount
FY 23-24 01214010-62500
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Rent
Payments
$ 36,400
FY 24-25 01214010-62500
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Rent
Payments
$218,400
FY 25-26 01214010-62500
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Rent
Payments
$218,400
FY 26-27 01214010-62500
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Rent
Payments
$219,000
FY 27-28 01214010-62500
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Rent
Payments
$185,000
Total $877,200
City Council 17 – 2 4/2/2024
Police Evidence Storage Warehouse Lease Agreements
April 2, 2024

Note: FY 26-27 and FY 27-28 totals include one-year extension option.

EXHIBIT(S)

1. Lease Agreement with Rick Kagasoff (Warehouse 1)

2. Lease Agreement with Rick Kagasoff (Warehouse 2)
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Tom Hatch, Interim City Manager
City Council 17 – 3 4/2/2024
EXHIBIT 1
City Council 17 – 4 4/2/2024

City Council 17 – 5 4/2/2024

City Council 17 – 6 4/2/2024

City Council 17 – 7 4/2/2024

City Council 17 – 8 4/2/2024
City Council 17 – 9 4/2/2024
City Council 17 – 10 4/2/2024

City Council 17 – 11 4/2/2024

City Council 17 – 12 4/2/2024

City Council 17 – 13 4/2/2024

City Council 17 – 14 4/2/2024

City Council 17 – 15 4/2/2024

City Council 17 – 16 4/2/2024

City Council 17 – 17 4/2/2024
City Council 17 – 18 4/2/2024
City Council 17 – 19 4/2/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:
_______________________
JENNIFER L. HALL
City Clerk

CITY OF SANTA ANA
_______________________
THOMAS R. HATCH
Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _______________________

TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
________________________

ROBERT RODRIGUEZ
Acting Chief of Police
City Council 17 – 20 4/2/2024
City Council 17 – 21 4/2/2024
EXHIBIT 2
City Council 17 – 22 4/2/2024
City Council 17 – 23 4/2/2024
City Council 17 – 24 4/2/2024

City Council 17 – 25 4/2/2024

City Council 17 – 26 4/2/2024

City Council 17 – 27 4/2/2024

City Council 17 – 28 4/2/2024
City Council 17 – 29 4/2/2024

City Council 17 – 30 4/2/2024

City Council 17 – 31 4/2/2024
City Council 17 – 32 4/2/2024
City Council 17 – 33 4/2/2024
City Council 17 – 34 4/2/2024

City Council 17 – 35 4/2/2024
City Council 17 – 36 4/2/2024
City Council 17 – 37 4/2/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:
_______________________
JENNIFER L. HALL
City Clerk

CITY OF SANTA ANA
_______________________
THOMAS R. HATCH
Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _______________________

TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
________________________

ROBERT RODRIGUEZ
Acting Chief of Police
City Council 17 – 38 4/2/2024
City Council 17 – 39 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Santiago Park Main Street Construction Project

AGENDA TITLE
Resolution to Authorize Grant Funds from the State Coastal Conservancy Grant for Santiago Park Main Street Construction Project

RECOMMENDED ACTION
Adopt a resolution accepting grant funds from the State Coastal Conservancy Grant for Santiago Park Main Street Construction, Main Street Entrance in an amount of $2,807,000.

RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE

COASTAL CONSERVANCY FOR THE SANTIAGO PARK MAIN STREET

CONSTRUCTION
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Santiago Park is a 35-acre linear park located on the northern edge of the City of Santa Ana along Santiago Creek. Being the City’s only wilderness park, it is an important site within the park system due to Santa Ana’s urban environment and population density.

The park provides critical open space and natural respite for residents living in dense urban conditions with limited access to the outdoors.

On June 21, 2023, the Public Works Agency’s Park Planning Division submitted an application to the State Coastal Conservancy (SCC) for the Santiago Park Main Street Construction project. The project intends to increase public use of the trail, provide additional connectivity to the park, and further enhance this natural park by restoring the native landscape. The scope of work involves the construction of ADA-accessible pedestrian walkways, bike trails, creek viewing decks, interpretive graphics, security lighting, drought-tolerant landscaping, and drip irrigation in the area from the Main Street entrance and east to the Log Cabin.

On February 20, 2024, the State notified the City regarding the grant award. As a requirement of the grant, the City is to adopt a resolution approving the award of the City Council 18 – 1 4/2/2024
Santiago Park Main Street Construction Project
April 2, 2024

Conservancy Grant, agreeing to the terms of the grant, and designating officers and/or employees to act as a representative to complete grant requirements and documentation. Staff recommends adopting a resolution accepting the grant funds from the SCC for Santiago Park Main Street Construction in the amount of $2,807,000 to cover the cost of the project (Exhibit 1). This grant will not require any matching funds from the City.

FISCAL IMPACT
There is no fiscal impact associated with the action. Once the City has an award of the grant, a staff report will be presented to the City Council at a later date to recognize and appropriate grant funds.

EXHIBIT(S)

1. Resolution Santiago Park Main Street Construction

2. Conceptual Layout Plan
Submitted By: Nabil Saba, P.E., Executive Director - Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 18 – 2 4/2/2024
Resolution No. 2024-XXX

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE GRANT OF FUNDS FROM

THE STATE COASTAL CONSERVANCY FOR THE

SANTIAGO PARK MAIN STREET CONSTRUCTION
WHEREAS, the Legislature of the State of California has established the State Coastal Conservancy (“Conservancy”) under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code and with the Conservancy’s Strategic Plan and that best achieve the Conservancy’s statutory objectives, in light of limited funding; and
WHEREAS, the City's Public Works Park Services submitted an application for these grant funds to make improvements to the City's Santiago Park; and WHEREAS, at its February 15, 2024 meeting, the Conservancy adopted a resolution authorizing a grant to the City of Santa Ana (“Grantee”) for the Santiago Park Main Street Entrance (“Project”) in an amount not to exceed $2,807,000. The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy February 15, 2024 staff recommendation, a copy of which is on file with the Grantee and with the Conservancy; and
WHEREAS, the Project is intended to enhance and restore the primary entrance to Santiago Park, increase public use of the trail, provide additional connectivity to the park, and further enhance this natural park by restoring the native landscape and includes construction of an ADA accessible pedestrian walkway, bike trail, creek viewing decks, interpretive graphics, security lighting, drought tolerant landscaping and drip irrigation from the Main street entrance; and
WHEREAS, the Conservancy requires that the governing body of the Grantee certify through a resolution that it approves the award of Conservancy grant funding and authorizes the execution by a representative of the Grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement.

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

Section 1. The award of grant funding from the Conservancy for the Project is hereby approved in an amount not to exceed $2,807,000.

EXHIBIT 1
City Council 18 – 3 4/2/2024
Resolution No. 2024-XXX

Section 2. Grantee acknowledges that it has or will have sufficient funds to complete the Project and, if any property is acquired as part of the Project, to operate and maintain the property and, if any facilities are constructed as a part of the Project, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities.

Section 3. Grantee agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the Project.

Section 4. Grantee authorizes the City Manager, or designee, to act as a representative of the Grantee, to negotiate and execute on behalf of the Grantee all agreements and instruments necessary to complete the Project, and to comply with the Conservancy’s grant requirements, including, without limitation, the grant agreement.

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

ADOPTED this _____ day of April, 2024.
________________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council 18 – 4 4/2/2024
Resolution No. 2024-XXX

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on April __, 2024.

Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 18 – 5 4/2/2024
EXHIB IT 2
3KDVH ,, Concept Design for Santiago Main Street Improvements. City Council 18 – 6 4/2/2024 Finance and Management Services
www.santa-ana.org/finance
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Early Direction for the Fiscal Year 2024-25 Budget

AGENDA TITLE
Early Direction for the Fiscal Year 2024-25 Budget (continued from the meeting of March 19, 2024, Item No. 26)

RECOMMENDED ACTION
Provide direction for preparation of the proposed FY 2024-25 budget.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
This Early Direction agenda item is the beginning of City Council deliberations for the upcoming FY 2024-25 budget. This report has two purposes: provide information that impacts the budget in FY 2024-25 or the future, and request direction from City Council.

The City Council is scheduled to consider the proposed budget in May and hold a public hearing in June.

Budget Outreach
On December 19, 2023, the City Council approved the Budget Calendar and Community Engagement Plan for the FY 2024-25 budget process. To date, the following actions have been taken:
• The budget survey was posted to the City’s website on January 8 in three languages.
• On February 12, the City began Social Media posts regarding budget engagement, including the simulation tools.
• Community outreach at events began on February 3.
• During the February 20 City Council meeting, staff shared a new budget video with the City Council and the public.
• Neighborhood meetings began on February 22.
• A postcard with engagement information was mailed to every household on March 1.

City Council 19 – 1 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

Through March 3, the City has received 719 budget survey responses. Staff will continue community engagement and expects to present summary results to the City Council on May 7.

Budget Process
The City will conduct its internal budget meetings with departments from March 25 to April 5 to receive supplemental budget requests and staff priorities. After comparing the requests to City Council priorities received during Early Direction and community priorities received during budget outreach, Finance will work with the City Manager’s Office to build a proposed budget for City Council consideration in May.

City Council Priorities Identified to Date
City Council Members have identified some of their top priorities to address during the budget process. Exhibit 1 includes a list of those priorities, along with additional information and recommendations for each.

GENERAL FUND
The recurring portion of the FY 2023-24 (current year) General Fund budget is summarized below.

Revenue $400,824,370
Spending ($400,811,075)
Net Recurring Activity $13,295
With costs increasing faster than revenue sources, we expect the FY 2024-25 budget will be difficult to balance. Receiving Early Direction from City Council will help staff develop a balanced proposed budget that meets the needs of the community.

General Fund Ten-Year Outlook
The General Fund Ten-Year Outlook has been updated with the latest information available. The following assumptions were used:
• Only recurring revenues and spending were included;
• Property Tax estimates from consultant for FY 2024-25 through FY28-29, 3% increase thereafter;
• Sales Tax estimates from consultant for FY 2024-25 through FY 2029-30, 3% increase thereafter;
• Inflation Factor for all other revenues: increase of Consumer Price Index as forecasted by CA Department of Finance for FY 2024-25 through FY 2026-27 (2.4%, 2.6%, 2.7%) and 3% thereafter;
• Labor at the top of the range: negotiated increases of 3% for FY 2024-25, Inflation Factor thereafter;
• For labor below the top of the range, use the same 3% as above + 5% merit step increases;
• Orange County Fire Authority contract increase of 4.5% annually; City Council 19 – 2 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

• Contribution to OC Street Car operations beginning November 2025, increasing by Inflation Factor;
• Debt retirements (Police Building, City Hall Annex, 800Mhz communication system, Streetlights);
• Employee pension unfunded liability contributions as estimated by CalPERS, increasing due to the CalPERS investment losses in FY 2021-22; • Contributions to, and uses of, the Pension Stabilization Account have been included to smooth the pension debt fluctuations; and
• Inflation Factor for all other spending.

The graphical results of the Outlook indicate that expenditures are increasing faster than revenue, creating a deficit beginning in FY 2025-26. When the Measure X rate decreases in 2029, that deficit will increase significantly.

There are three basic options to rebalance the budget in the future:

1. Request voter approval for a revenue measure;

2. Reduce service levels to fit within available resources; and/or

3. Encourage new development to increase the tax base in the City, which may also necessitate increased spending to serve additional residents and businesses.

City Council 19 – 3 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

The FY 2023-24 Measure X spending plan is attached to this report as Exhibit 2. The detailed spending plan identifies expenditures that may be considered if and when it becomes necessary to reduce costs to rebalance the budget.

Recommendations from Measure X Oversight Committee
The Measure X Citizens Oversight Committee met on February 21 and March 13 to formulate recommendations for the FY 2024-25 budget process. Staff expects to include those recommendations in the April 2 presentation to City Council.

Use of One-Time General Fund Money
As part of the Midyear Budget Report on February 20, staff provided an estimate of $14,650,726 of General Fund balance available for one-time spending. Staff seeks direction from City Council regarding one-time spending to include in the proposed FY 2420-25 budget. Options follow.
• Establish a Measure X sunset stabilization fund, as recommended by the Measure X Citizens Oversight Committee.
• Make an additional contribution to the employee pension cost stabilization fund to mitigate future cost increases due to CalPERS investment losses. • As discussed throughout this report, staff has multiple recommendations for onetime spending to be included in the proposed FY 2024-25 budget.

Miscellaneous Fees
The City charges fees for services to individuals that do not benefit the public at large (e.g. building permit). Per state law, the City cannot charge more than its cost to provide the service. Each year, staff recommends increasing miscellaneous fees to keep up with the City’s costs of doing business. Last year, the budget included an increase of

4.1%, based upon the increase of compensation for employees providing the services (both salary and benefits).

The increase of the Consumer Price Index for Los Angeles-Long-Beach Anaheim for the year ended December 2023 was 4.66%. The employee bargaining groups negotiated wage increases of 3% for the current fiscal year. In addition, many of the City’s employees received merit step increases of 5%. Contributions for employee health insurance increased 8.1% and the City’s normal cost contribution for the employee pension plan increased by 9.5% for public safety and 11.75% for all other employees.

Based on this information, an increase of up to 4.66% is substantiated and the City would maintain compliance with state law. Shall staff include a miscellaneous fee increase of 4.66% in the proposed FY 2024-25 budget?
Ambulance Transport Reimbursements
As previously reported on May 16, 2023 and with the Midyear Budget report on February 20, 2024, the City has benefited from a new federal program that provides City Council 19 – 4 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

higher reimbursement rates for Medicare and Medi-Cal transports, which comprise three-quarters of the ambulance transports in Santa Ana.

The California Department of Health Care Services (DHCS) developed the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program to provide increased reimbursements, by application of an addon increase, to emergency medical transports provided by eligible public GEMT providers. The program became effective on January 1, 2023 and requires an overall level of participation from local agencies in the form of discretionary contributions to fund a portion of the increased reimbursements. Based on the latest information we have, this new program has nearly doubled the revenue to the City; yet the City is the only remaining large agency in the state that has not paid the PP-GEMT contribution, estimated to be $2.9 million annually.

The City’s consultant AP Triton is working to complete an Emergency Medical Services Transportation and Optimization Study. The Study includes recommendations to increase and establish fees to be reimbursed by PP-GEMT and insurance companies.

In addition, it may be beneficial for the City to have an ongoing consultant arrangement to help manage the ambulance contract and maximize transport reimbursements. If staff pursued these fee recommendations, revenue may exceed $13 million (current estimate is $10 million). The increased revenue could be used to pay for the PP-GEMT contribution and consulting assistance.

Shall staff pursue the fee increases recommended by AP Triton and include allocations for the PP-GEMT contribution and consulting assistance in the FY 2024-25 budget, offset by increased revenue?
Parking Validations
The City Clerk provides parking validations for all who attend City Council meetings and park in the Civic Center garage. The cost of providing these parking validations is approximately $27,500 annually, which is not budgeted. To date, the cost has been absorbed with other budgetary savings.

Shall staff continue to provide parking validations and include the cost in the proposed FY 2024-25 budget?
Parking Enforcement Program
In addition to Parking Control Officers, the Parking Enforcement program utilizes services from two different contractors: Data Ticket and LAZ Parking California. These contracted services help the City generate $4.9 million of annual parking fine revenue with a current year Parking Enforcement program budget of approximately $3 million.

The current year budget allocated for Data Ticket automated parking citation and processing services is $368,200 based on the original agreement approved in February City Council 19 – 5 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

2022. On January 16, 2024, staff proposed and City Council approved an amendment to the contract to provide for increased postage costs and an increased volume of delinquency processing. The amended cost of annual service is approximately $700,000.

Shall staff include an allocation of $700,000 in the proposed FY 2024-25 budget (an increase of $331,800 from baseline budget) to maintain service levels and process delinquency payments? Or shall staff seek an option with a lower level of service to fit within the baseline budget of $368,200?
The current year budget included an allocation of $826,260 for the LAZ parking enforcement contract. The highest-scoring proposal for services included a cost of $1,153,368. The Police Department reduced the proposed service hours to arrive at a contract cost of $938,444 per year, which was approved by City Council on June 20, 2023. The Police Department has found that the reduced level of service is not sufficient for the City’s needs.

Shall staff include an allocation of $1,153,368 in the proposed FY 2024-25 budget (an increase of $327,108 from baseline budget) to return to the previous level of service? Or shall staff maintain the decreased level of service and include an allocation of $938,444 in the proposed FY 2024-25 budget?
Downtown Parking Enterprise
Prior to the COVID-19 pandemic in March 2020, the Parking Enterprise fund had been spending down the accumulated fund balance for three years to install automated parking garage equipment, new parking meters, and lighting improvements. Due to the decrease in parking rates requested by the downtown business community, the Parking Enterprise has received multiple General Fund subsidies to backfill the cost of operations. The table below illustrates the current deficit with variable parking rates.

City Council 19 – 6 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

If the City continues providing reduced parking rates, the estimated General Fund subsidy necessary for FY 2024-25 will be $2.2 million. A significant portion of the Parking Enterprise includes Downtown Enhancement with the Clean and Safe program which undertakes functions such as power washing and other debris pick-up.

Reinstating rates to fund the Parking Enterprise is important for the atmosphere and upkeep of amenities in Downtown Santa Ana.

Shall staff reinstate the downtown parking rates to avoid another General Fund subsidy in Parking Enterprise?
Zoo Operations
The costs to operate Municipal zoos, aquariums, and museums are typically subsidized, based on the educational and recreational benefits to residents. The Santa Ana Zoo has an annual operations budget of approximately $3 million. This does not include any capital projects such as new or rehabilitated exhibits and safety improvements. Last year, revenue reached $1.8 million, the most ever received. Therefore, the Zoo currently requires an annual subsidy of approximately $1.2 million (or 40%) for recurring operations. In contrast, the City’s General Fund contributes nearly $1.7 million annually to the Bowers Museum for operations.

The Zoo continues to find creative ways to increase revenue for a higher level of operations that support accreditation. On February 20, the City Council approved a concession agreement that includes alcohol sales, with the Zoo receiving a revenue share ranging between 6% and 10% of sales. The Zoo is considering implementation of City Council 19 – 7 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

other revenue-generating programs such as yoga in the Zoo and behind-the-scenes animal encounters. The Zoo will host its second Brew at the Zoo event this year.

Last year, the Zoo increased admission prices by $1. Due to the extensive ongoing construction that includes the Giant River Otter habitat, staff does not plan to request another admission price increase for FY 2024-25. However, the City may need to consider an admissions increase in the following year. Except for the Orange County Zoo which has an unusual heavily subsidized admission of $2 per person, the Santa Ana Zoo is still a relative bargain when compared to other similar attractions. Any future staff proposal will include details and benchmarking.

To provide a recurring allocation for deferred maintenance and other capital needs, staff will consider recommending a Zoo subsidy increase from $1.4 million to $1.7 million with the proposed FY 2024-25 budget.

Vehicle Incentive Program
In 2019, the City Council approved the Santa Ana Vehicle Incentive Program, which provides a $500 dollar rebate to residents who purchase a new or used vehicle at one of 10 participating Santa Ana auto dealerships. The program was developed at the request of the auto dealers, as they were concerned with the impacts that the November 2018 Measure X sales tax increase would have on auto sales. This 5-year program is currently funded by the General Fund and the agreement is set to expire in March 2024. The dealerships have requested a 10-year extension of the program at $1 million per year. Actual program expenditures since inception and the current year budget follow.

FY19-20 $937,500
FY20-21 $860,000
FY21-22 $649,500
FY22-23 $651,500
FY23-24 to date $606,000
FY23-24 budget $1,700,000
Staff does not recommend extending the program. As an alternative, City Council could consider an extension to March 31, 2029 (the last day of the 1.5% Measure X rate), with a smaller funding allocation.

Shall staff prepare an extension of the program for City Council consideration and include a Vehicle Incentive Program allocation in the proposed FY 2024-25 budget? City Events
The City Events budget for the current year includes a $1,581,640 allocation from recurring revenue and $900,000 from one-time resources. The FY 2024-25 draft proposed budget is $1,605,700 with no one-time allocations. This does not include City Council 19 – 8 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

Public Safety support for these events; which to date, has been absorbed by the Public Safety budgets using staff vacancy savings.

Event Approximate
Current Year
Allocations
Current Year
One-Time
Allocation
Proposed FY24-25
Allocations
Easter $35,000 $45,000
Juneteenth $55,000 $41,000
Movie Series $65,000 $70,000
Fourth of July $105,000 $100,000
Concert Series $60,000 $70,000
Birch Series $18,640 $0
Indigenous Peoples’
Day
$30,000 $31,000
Chicano Heritage $145,000 $125,000
Fiestas Patrias $530,000 $475,000
Santa Ana Holidays $290,000 $900,000 $240,000
Mid-Autumn Festival $60,000 $75,000
Recreation Section
Events
$3,000 $117,700
Tet Festival $95,000 $75,000
Zoo Events $10,000 $36,000
Shakespeare $10,000 $10,000
Santa Ana Fun Run $70,000 $85,000
Pacific Symphony $0 $10,000
Totals $1,581,640 $900,000 $1,605,700
Staff welcomes City Council direction regarding the City Events budget.

INTERNAL SERVICE FUNDS
During the 2023 budget process, staff shared concerns with the City Council regarding the fiscal health of internal service funds. These funds provide a centralized service and charge departments for use of the services (e.g. Building Maintenance). Over the last several years, the City has taken steps to solve long-term issues for each fund. Most recently on December 19, City Council approved a one-time $2.9 million subsidy for the Engineering Division. There are four potential forthcoming requests for internal service funds, discussed below.

Central Stores
Due to just-in-time availability from resource vendors, the use of Central Stores has decreased over the years. With decreased usage, the City has lost economies of scale and there is no longer a cost benefit of maintaining a Central Stores. At this point, there is only a need to keep specialized water operations equipment on hand. Therefore, staff is preparing to close the Central Stores internal service fund by the end of the current City Council 19 – 9 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

fiscal year and transfer the remaining inventory and staffing to the Water Enterprise. In preparation for the closure, the City recently ended its relationship with Shamrock Supply Company for consignment inventory. Account reconciliations indicate that a onetime subsidy ranging from $500,000 to $800,000 will be necessary to close the fund.

Once the fund is closed, gas and diesel sales will move to the Corporate Yard fund.

Corporate Yard
In recent past, the City’s Corporate Yard has been underutilized, and has not been able to charge enough usage fees to cover its costs. In addition, the Corporate Yard recently incurred significant costs to mitigate hazardous waste. Therefore, we expect to request a one-time subsidy ranging from $500,000 to $700,000 to make the fund whole. Going forward, Public Works is exploring potential use from other governmental agencies to increase revenue for the Corporate Yard; and as noted above, the operation will benefit from fuel sales.

Information Technology
The Information Technology internal service fund has an estimated spendable fund balance of $12 million to be used for a variety of system upgrade projects, including a new land management system and a new Enterprise Resource Planning (ERP) system.

A new ERP system would serve Accounting, Payroll, Human Resources, and Cashiering. The existing systems were implemented roughly 20 years ago, and were simply upgrades of the previous mainframe versions. The City recently received ERP system proposals and is in the process of evaluation. Although it is too soon to identify a specific amount, the latest estimate is $7.65 million. Additional funding may be necessary to purchase the system, implement it, and provide training.

Equipment Replacement Fund
The City has a large fleet of vehicles used to provide services to the public, comprised of both owned and leased vehicles. On December 19, the City Council approved renewal agreements with Enterprise Fleet Management for leased vehicles used in both the Police Department and the Planning & Building Agency (PBA). There are a total of 18 leased vehicles used in PBA, all with lease terms that end during FY 2024-25. When vehicles are held for the full useful life of the vehicle, leasing becomes a more expensive option than purchasing.

The estimated cost to purchase 18 new vehicles for PBA is approximately $1 million, due to the new state law requiring a mix of electric vehicles in the fleet. To minimize long-term costs, shall staff include a one-time spending allocation in the proposed FY 2024-25 budget to purchase replacement vehicles for PBA?

RESTRICTED FUNDS
Cannabis Public Benefit Fund
Two-thirds of Cannabis Tax revenue related to adult-use and supply activities is transferred to the Cannabis Public Benefit Fund each year pursuant to Santa Ana City Council 19 – 10 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

Municipal Code Section 13-203. To date, this funding has provided for both recurring programs and one-time projects supporting youth services and enforcement activities.

The Cannabis tax rates were reduced effective January 1, 2023, resulting in a decrease of revenue transferred to the Cannabis Public Benefit Fund.

Now that we have a full year of experience with the decreased tax rates, it appears that ongoing revenue is approximately $9.4 million and the recurring baseline budget is approximately $9.8 million. The accumulated fund balance was able to absorb the spending deficit for FY 2023-24, but the recurring budget must be rebalanced for FY 2024-25.

A snapshot of recurring spending programs follows. Approximately $4.2 million is programmed for youth services and approximately $5.6 million is programmed for enforcement activities.

Library Book Mobile 135,360
Library Digital Subscriptions & Content 174,540
Library Hotspots and Chromebooks Data Plans 295,460
Library Library Staffing & Support 271,110
Library Library Youth Programs/Events 98,530
Recreation Recreation & Zoo Staffing & Support 2,031,620 Recreation Zoo and You 114,880
Recreation Zoo Nature Center 70,610
Recreation Aquatics 102,280
Recreation Aquatics Maintenance 40,000
Recreation Teen Excursions 62,510
Recreation Recreation Mobile 8,750
Recreation Recreation Events 5,350
Recreation Recreation Youth Programs 29,050
Recreation Internship Program Wages & Support 742,360
CAO City Attorney Staffing & Support 253,080
CAO Legal Services Contracts 300,000
PBA Code Enforcement Staffing & Support 1,172,520
PBA Code Enforcement Equip/Supply 18,000
Police Police Staffing & Support 2,359,350
Police Evidence Warehouse 132,400
Police Body Worn Camera Program (year 2 of 5) 1,029,150 Finance Finance Collections Staffing & Support 107,440
Finance Cannabis Auditing Contracts 255,550
Total Expenditures - Original Budget 9,809,900
City Council 19 – 11 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

Staff expects to propose a balanced budget for FY 2024-25, which may result in reduced spending for one or more of the programs listed above. Staff welcomes City Council input regarding programs that should be considered for reduction.

Opioid Settlement Money
To date, the City has received $1.75 million of opioid settlement money. The City has also received an invoice for attorney’s fees of $248,208 to be paid from the settlement money, and the City used $1 million of this money to help purchase the Carnegie Shelter, leaving a balance of $0.5 million. The City will continue to receive settlement payments of at least $400,000 annually through 2039. The money is highly restricted to specific opioid-related expenditures.

Currently, staff is planning to purchase naloxone for first responders to use and distribute once the state no longer provides it to local government for free. The City’s Homeless Services Division Manager has indicated that we have a need for securing beds at College Hospital or Phoenix House for homeless individuals who want to detoxify from Fentanyl. The process of detoxification is very difficult and is best done with hospital rehabilitation.

Shall staff explore the feasibility of using this funding for medical treatment for homeless individuals with an addiction to Fentanyl who wish to detoxify? Gas Tax
The City receives allocations from the state Highway Users Tax Account (HUTA, commonly known as Gas Tax) and the Road Maintenance and Rehabilitation Account (RMRA). Both HUTA and RMRA are cents-per-gallon taxes. Therefore, if consumption decreases, so does the City’s revenue allocations.

The City expects to receive $15.8 million from these allocations in the current fiscal year. Next fiscal year, the estimate from the League of California Cities is $16.5 million or 4.4% more overall. The increase is short-lived.

The California Legislative Analyst Office (LAO) released a report in December 2023 regarding the impact of California’s climate policies (e.g. mandating more electric vehicles) on transportation funding such as HUTA and RMRA. The report states: “Most significantly, policies aimed at increasing the adoption of ZEVs will decrease the consumption of gasoline and diesel fuels, and consequently reduce the associated tax revenues that currently support the state’s transportation system.” The report goes on to estimate state transportation revenues will decrease by 31% over the next decade, and recommends the California Legislature develop a long-term plan.

City Council 19 – 12 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

The City’s HUTA and RMRA allocations currently fund the following expenditures.

Debt Service for $68 million of local street improvements beginning in 2007 (debt is scheduled to be paid-off in 2040) $3.2 million
Traffic Signal Maintenance $2.6 million
Median Landscaping $1.2 million
Roadway Maintenance $2.0 million
Street Projects (SB-1 spending plan approved by City Council each year)
$7.7 million
Recurring Programs Paid by Gas Tax Fund $16.7 million
In the last five years, since the passage of Measure X, the City’s General Fund began paying for the following recurring roadway maintenance expenditures.

Streetlights $1.0 million
Alley Improvements $1.5 million
Sidewalk and/or Street Repair $1.0 million
Traffic Calming $1.0 million
Median Landscaping $0.5 million
Street Paving $2.0 million
Recurring Programs Paid by Measure X in the General Fund $7.0 million Additional General Fund spending may become necessary in the future with the eventual decrease of Gas Tax revenue, yet the Measure X funding source is scheduled to decrease by 33% in 2029.

Revive Santa Ana
The Revive Santa Ana spending plan is primarily funded with the City’s $128 million allocation from the federal American Rescue Plan Act (ARPA), which is one-time money. To date, the City has spent and obligated total funding of $70.5 million. Many projects are in the design phase and are scheduled for contract award during 2024. The deadline to obligate the remaining funding is December 31, 2024. The deadline for final spending is December 31, 2026.

Staff is performing an internal review of project status to determine if there are project savings available to fund additional items. The following is a short list of unfunded highpriority projects that qualify for ARPA money. • The Main Library renovation project has a funding shortfall of $2.3 million for furniture and fixtures.
• The Zoo Master Plan includes a Zoo Primate Forest. Funding of approximately $1 million is needed to prepare the design and construction documents, to ensure the project is shelf-ready for grant and other restricted funding opportunities.
• Recreation & Parks has identified a need for $2.1 million of funding for park lighting, as detailed below.

City Council 19 – 13 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

o Delhi Park: upgrade existing baseball field lights, install new LED lighting for two additional multi-purpose fields including security lighting, and lighting for the playground and fitness court.
o Angels Park: install new multi-purpose LED field lighting, security lighting, basketball court lighting, and playground lighting.
o Adams Park: retrofit existing poles and fixtures to LED including security lighting, and lighting for the restrooms and playground. o Rosita Park: retrofit existing poles and fixtures to LED including security lighting, and lighting for the playground and fitness court. • Cypress Fire Station project with an estimated cost of $4.3 million with no identified funding source.

Federal ARPA funding for staffing must be spent by December 31, 2024. In other words, the only staff expenditures that will be accepted from January 1, 2025 through December 31, 2026 are those related to compliance and reporting activities. ARPAfunded staff positions below are not eligible for expenditure after December 31, 2024.

Position Service Provided Annual
Cost
PAAL Assistant Director Plans and supervises recreational and educational after-school programs, teen
activities and mentoring programs.
$112,620
Associate Engineers (2) Development of Plans, Specification, & Cost Estimates, including consultant and
contractor oversight. Managing various
contracts related to Park & Facility
projects.
$327,230
Public Works Projects
Manager (under-filled)
Scope development for projects,
contractor oversight, and contract
management for various Park & Facility
projects.
$132,290
Public Works Projects
Specialist
Scope development for projects,
contractor oversight, and contract
management for various Park & Facility
projects.
$149,840
Associate
Parks/Landscape Planner
(under-filled)
Implementation of the Parks Master Plan,
including managing architects and
consultants agreements for various park
planning efforts.
$112,750
Assistant Parks/Landscape
Planner
Implementation of the Parks Master Plan,
including managing architects and
consultants agreements for various park
planning efforts.
$112,200
City Council 19 – 14 4/2/2024
Early Direction for the Fiscal Year 2024-25 Budget
April 2, 2024

Economic Development
Specialist (50%)
Bilingual Business Retention and
Attraction for businesses including
specialty outreach and grants coordination
with small businesses and microenterprise
efforts for start-ups.
$73,950
Total $1,020,880
Shall staff include an allocation of approximately $0.5 million in the proposed FY 2024- 25 budget to continue funding these positions for January 1 through June 30, 2025, with a future annual recurring cost of approximately $1 million? Water Enterprise Revenue Bonds
In 2019, the City prepared a water rate study, which indicated debt (revenue bonds) would be necessary to meet the capital needs of the system. Since 2019, the water enterprise has been spending down an accumulated fund balance for water infrastructure improvements.

The rate study consultant’s latest estimate of planned improvements that remain unfunded is $30.2 million. In addition, the City is currently installing smart meters as part of the Advanced Metering Infrastructure (AMI) project. The latest information suggests we have an $11 million funding shortfall to complete the project. Finally, the City may have an opportunity to refinance the outstanding $8.9 million of water bonds issued in 2014.

The City has assembled a financing team to structure a proposed revenue bond issue.

The debt would be secured by water enterprise revenue, and therefore would only require City Council approval. The financing team would only be paid if bonds are issued, and payment would come from the bond proceeds.

Staff expects to return to the City Council prior to June 30 to consider a recommendation to proceed with a proposed debt financing.

FISCAL IMPACT
There is no direct fiscal impact at this time, as the recommended action would only provide direction to staff. City Council is scheduled to consider the proposed FY 2024- 25 budget in May and take action in June.

EXHIBIT(S)

1. City Council Priorities

2. FY23-24 Measure X Spending Plan
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager
City Council 19 – 15 4/2/2024
EXHIBIT 1

City Council Priority Information and Recommendations
Bristol Street Rehabilitation
– Make it a priority to wrap
up the project
The Bristol Street Phase 4 project has a budget of $20,667,120, entirely funded from restricted money sources. The latest estimates indicate there is a $680,000 funding shortfall for this project.

Construction is expected to begin towards the end of 2024, as the project has required coordination with 6 utility companies for a single trench in the roadway.

Staff plans to include a one-time spending allocation of $680,000 in the proposed FY24-25 budget.

Repair Civic Center Drive
from Flower to Bristol
Public Works is planning a project for FY24-25 to repair Civic Center Drive from Shelton to Flower for an estimated cost of $1,220,000 from Gas Tax revenue. If the project were to be expanded to Bristol Street, the project estimate would increase by $900,000 and additional funding would be necessary.

Repair Raitt Street from
Civic Center to Washington
This project has not yet been programmed or funded. The street is concrete, and the estimated cost to demolish and replace is $3 million.

Repair 5th Street from Raitt
to Fairview
This project has not yet been programmed or funded. The estimated cost to repave is $1.6 million.

Safer Streets in Various
Locations
Chestnut and Ross: A section of the street is currently being studied for appropriate improvements. We have funding if stop signs or speed humps are warranted, and no additional funding would be necessary.

McFadden from Flower to Main: We have a Capital improvement project going out to bid by June that will install protected (and striped) bike lanes along McFadden in those limits. The street will be repaved and striped as part of project.

Center from Edinger to McFadden: We have received a grant for the Safe Routes to Schools improvements on Center between Edinger & Wilshire. Improvements do not extend all the way to McFadden.

Additional bulb outs, etc. toward McFadden would require approximately $500,000 in new funding.

Pine near Santa Ana High School: We will need to evaluate this section of street. We have funding if stop signs or speed humps are warranted, and no additional funding would be necessary.

Alley Improvements The General Fund has a recurring alley improvement program of $1.5 million annually. Staff has identified 14 miles of alley reconstruction needed, which will take 25 years to work through with the annual budget allocation.

Angled Parking Generally angled parking is not feasible, and currently there are no identified locations that warrant it.

Designated Parking Stations The permit parking study will evaluate shared parking opportunities and will identified potential locations.

ADA Ramp Improvements There is no dedicated stream of funding. Local street ramps are approximately $10,000 each to construct. Staff would recommend an City Council 19 – 16 4/2/2024
EXHIBIT 1

allocation of $250,000 to $500,000 to install ramps in a meaningful strategic area.

Various Traffic Calming
Measures
 Round-about for Memory and Flower – the City has received grant for a new Memory Lane Bikeway Project that will change the intersection geometry and prohibit the ability to install a round-about.
 Candlestick delineators – a budget of $50,000 would be necessary to replace them in the identified locations. The enhanced versions would cost approximately $100,000.
 Repainting of striping and pavement markers – this is ongoing maintenance work and redone approximately every 3 years.

An additional $200,000 is needed help expedite the
completion of the repainting cycle and help get us down to a 2-year cycle.
 Center Medians – depending on location and size, these may range from $250,000 to $500,000 each.
 Traffic Mitigation in Mabury Park – Staff has evaluated and found that mitigation is unwarranted at this time.
 Stop Sign at a specific location – Staff will conduct a stop sign warrant and traffic signal warrant. If warranted, $750,000 would be needed to fund a pedestrian hybrid beacon or traffic signal.
 Speed humps on English and Alona – Staff evaluated and determined they are not warranted. Other locations are
currently being evaluated. Funding is available for qualifying speed hump locations.

Sidewalk Repairs  The budget includes an annual funding allocation of $1 million for sidewalk repairs. The City’s needs warrant doubling the budget.
 Sidewalk repairs in the Park Santiago neighborhood were recently completed that addressed the major concerns. This neighborhood is not scheduled for sidewalk repairs for a few years. An allocation of $75,000 to $100,000 could address additional sidewalks in the neighborhood.
 Bolivar Circle is in City of Garden Grove. Properties on the west side of Fairview in this segment are not in the City of Santa Ana.

Pedestrian Bridge
Improvements
An RFP to assess the condition of the bridge between W River Lane and W Riviera will be released in next month. The assessment/design costs are expected to approximate $100,000 and construction costs are to be determined.

Solar-Powered Lighting
Under Overpass
The Santiago St Bridge in currently in the queue to address.

Neighborhood Lights The Cost of neighborhood street light projects vary by scope but we can assume about $750,000 per neighborhood.

Faded Neighborhood Street
Signs
Sign replacement is part of ongoing maintenance. City Council can identify specific locations.

City Council 19 – 17 4/2/2024
EXHIBIT 1

Fencing on the Canal on
Raitt Street Between
Edinger and McFadden
This fencing is owned and maintained by the County. Staff will coordinate with the County to request an upgrade from the existing chain link to wrought iron.

Add a Third Quality of Life
Team
The estimated cost of a third team is $440,000. This includes a cleaning crew of 2 for a cost of approximately $140,000 and police support for a cost of approximately $300,000.

Keep Sales-Tax Generating
Areas Clean & Safe
Staff is proposing an increase to the Sanitation Fee to preserve and enhance Citywide services.

Washington Square
Neighborhood Park
Feasibility Study
The City has received several inquiries from interested property owners in Washington Square regarding a request for the City to purchase privately-owned vacant land and develop a neighborhood park. The property, located behind the Newsong Church at 1010 W 17th, is roughly 1.3 acres in size and surrounded by other residential uses. A recent property appraisal indicates a value of $3.7 million.

Before considering a land purchase, the City would need to perform a feasibility study for the possible development of a park at the location.

The cost of a Feasibility Study is estimated to be $100,000, including preliminary designs and estimates of recurring operations and maintenance costs. If the City pursues and receives grant money to purchase the property, there may be a required matching contribution of up to 50%.

Staff does not recommend moving forward with the feasibility analysis for several reasons.
 Development of a park at 10th & Flower is underway. This location is approximately 2,000 feet from the parcel noted above.
 The location was not identified in the City’s Park Master Plan.  The parcel is in a neighborhood zoned for Single Family residences (R1).
 The City has recently embarked upon several new park
projects, which will require an increased level of operations and maintenance during a time when the Measure X rate
decreases. Developing a park on the parcel would increase ongoing costs.

Stadium Investment to
Produce Revenue
Funding of $500,000 has been earmarked to replace all seats on the press-box side of the Stadium. Design is underway to close the bowl and add 2,500-3,300 seats, but we do not yet have construction estimates.

El Salvador Park Restrooms A restroom renovation project is budgeted with $300,000 of Cell Tower revenue. Project design is 90% complete and it appears the project cost may be closer to $400,000. An additional funding request may be forthcoming. The project could begin as early as July 2024 when the fields are down for turf renovation.

Various Park Improvements  There is no funding identified for the following requested improvements: Riverview lot restoration, new shade
City Council 19 – 18 4/2/2024
EXHIBIT 1

structures at Cabrillo/Edna/Santiago, new restrooms at
Cabrillo/Portola, Edna Park lot restoration, Santiago Park log cabin restoration, Riverview bleachers, and stolen park signs.  Hydration stations are funded by cell tower revenue and are currently in design with construction to follow.
 Design is currently underway for a splash pad in Ward 3, but construction requires funding.

Additional Teen Center The City offers a variety of teen programming and activities in the existing community centers and library locations. More teen activities will be added once smaller community centers re-open to the public (e.g. Logan). In addition, the Delhi Library will have dedicated teen space and teen programming; and Delhi park lighting has been identified as a priority use of federal ARPA money, adding more flexibility to the timing of such programs.

Dual-Use Parks with the
Santa Ana Unified School
District
During the March 4 meeting of the Joint School Collaboration City Council Subcommittee meeting, there was general interest in future additional discussions of maximizing the use of public property.

Upgrade Parks & Snack Bars As funding becomes available, staff proposes the highest priority park projects. The existing budget includes funding for lighting, restrooms, splash pads, field, and playground improvements at various parks.

The cost of each snack bar upgrade is approximately $95,000, including new paint and epoxy flooring, stainless steel sink, hot water heater, electrical and plumbing upgrades, and door/window replacement. Staff maintains a priority list for Renovation that includes Jerome, Memorial, Thornton, Riverview, Cabrillo, Adams and Rosita, which can be addressed as funding becomes available.

Community Garden City Council could direct staff to see if ARPA funding can be used for a community garden. In addition to identifying a location, staff would need to determine the feasibility and ongoing cost.

Santa Anita Mural
Restoration
This is a mural on a private building, and addressing it could create an expectation that all private-building murals be maintained by the City.

Staff has been in contact with interested parties and they are aware of the options available to them.

Market at Santa Ana Bus
Terminal
This project was included in the Revive Spending Plan. Staff has found that the location is not feasible for the envisioned farmers market. A different location could be considered if a farmers market is a high priority for City Council. A recurring budget would be necessary for special-event staffing to manage the vendors and the location.

Enhance Recruitment and
Fill Vacancies
A separate staff report on the March 19 agenda proposes to add a Human Resources Analyst to increase recruiting efforts.

Address Homelessness and
Safety Issues
Increase Grant Writing Staff
The Interim City Manager has directed a reallocation of vacant positions to provide for a Grant Analyst, 2 additional Code Enforcement Officers, a Senior Organization Development & Training Analyst and a Deputy City Manager. These staffing reallocations will be included in the proposed FY24-25 budget.

City Council 19 – 19 4/2/2024
EXHIBIT 1

In-House Prosecution
Division
To improve the prosecution services within Santa Ana, the City Attorney’s Office offers the concept of an in-house Prosecution Division. Tasks would include the following.
 Prosecute misdemeanor offenses occurring in the City of Santa Ana arising out of violations of City law and certain state laws as authorized by the Orange County District Attorney.
 Draft and file criminal complaints in Superior court.  Conduct office hearings, pretrial hearings, and court and jury trials.
 Represent the People of the State in motions, writs and appeals.
 Provide advice to and train Santa Ana law enforcement.

This Division would include a Nuisance Abatement Program to form a multi-agency task force designed to identify and find solutions to neighborhood crime problems. The task force would address problem property locations within Santa Ana in a comprehensive manner.

Members of the task force would include representatives from the City Prosecutor’s office, Neighborhood Associations, Santa Ana Police Department, Code Compliance, and the Housing Department. The mission would include resolving long-standing problems at particular locations throughout the City, and educate property owners about crime and decay from their property. The educational component would include community outreach.

A Prosecution Division would need to be staffed with the following positions (annual cost estimates included):
 Senior Assistant City Attorney (1), $220,000
 Assistant City Attorney (3), $190,000 x 3 = $570,000
 Deputy City Attorney (1), $150,000
 Senior Paralegal (1), $110,000
 Senior Legal Secretary (1), $85,000
 Investigator (1), $100,000
The City would derive associated revenue by:
 Increased nuisance abatement activity where we can recover attorney fees, staff costs and impose fines at $5K to $10K per day; and
 A mandatory reimbursement agreement policy to recover inhouse and special counsel fees, consultant costs and staff costs.

At this time, staff recommends exploring all administrative options to improve prosecution in the City of Santa Ana before making a recommendation to prepare a deeper analysis of the in-house option.

In addition, having an in-house Prosecution Division would not guarantee Court prosecution actions.

City Council 19 – 20 4/2/2024
EXHIBIT 1

Renters Defense Fund On February 28, the Community Development Commission approved $150,000 for the Fair Housing Council of Orange County for Fiscal Years 2024-26. This will be presented to the City Council at the May 7 Council meeting for consideration.

Maintain Immigrant Defense
Fund
The Measure X spending plan includes an annual allocation of $300,000.

Continue to pay off
structural debt
The City is paying all required debt service on outstanding long-term debt. In addition, the City has been making annual contributions to the Pension Cost stabilization fund for future pension debt increases.

City Council Ad-Hoc
Committee to Consider
Revenue-Raising Proposals
The Mayor can choose to appoint an ad-hoc committee.

City Council 19 – 21 4/2/2024
EXHIBIT 2
City of Santa Ana Measure X
Fiscal Year Ended June 30, 2024
Recurring costs
identified in
Prior Fiscal Years
7,000,000
1,200,000
500,000
622,920
‐
Recurring costs
identified in
FY23‐24
One‐time costs
identified in Department
Responsible
Total plan
spending Category Description
FY23‐24
Addressing Homelessness
Addressing Homelessness
Addressing Homelessness
Addressing Homelessness
Addressing Homelessness
Addressing Homelessness
Addressing Homelessness
Fixing Streets
Public Safety Response ‐ Homelessness (Labor)
Public Safety Response ‐ Homelessness (Contractual and Other) QOLT Clean‐Up Contract Homeless Services
Homeless Outreach & Engagement
Purchase of Carnegie Building (Homeless Shelter)
QOLT Clean‐Up Staffing (2 Maint Workers II + Sanitation Inspect II) Code Enforcement Officers (2)
PD
PD
7,000,000
1,200,000
500,000
622,920
1,011,141
358,420
PWA
CDA
CDA
PWA
PBA
PWA
PWA
PWA
PWA
PWA
PWA
PWA
PWA
PWA
PWA
1,011,141
358,420
313,620
1,000,000
1,500,000
1,000,000
1,000,000
2,000,000
500,000
‐
313,620
Streetlight Pole work ‐ Under lit Areas
Alley improvement program
1,000,000
1,500,000
1,000,000
1,000,000
2,000,000
500,000
500,000
250,000
675,000
670,290
Fixing Streets
Fixing Streets
Fixing Streets
Fixing Streets
Fixing Streets
Fixing Streets
Fixing Streets
Fixing Streets
Sidewalk and/or Street Repair
Traffic Calming
Pavement Maintenance
Median Landscaping
Additional Asphalt Pothole Repair Services
Citywide Roadway Striping & Signage Maintenance Improvement Traffic Signal on Segerstrom Avenue and Spruce Street
Traffic Signal Maintenance Staff Charges
500,000
250,000
675,000
670,290
‐
‐
Fixing Streets ‐
Funding for additional police officers, traffic collision investigators; office assistants to relieve police officers stand‐by pay, cash‐outs and related benefits Maintain Effective 9‐1‐1 Response Maintain Effective 9‐1‐1 Response
Maintain Effective 9‐1‐1 Response
PD
PD
PD
4,696,570
1,500,000
4,696,570
Police Department Overtime 1,500,000
Public Safety Specialized Units: Criminal Investigations; Metro Division; Communications; Vice; and Investigations and Support Service 1,400,000
3,512,400
670,000
1,400,000
3,512,400
670,000
Maintain Effective 9‐1‐1 Response
Maintain Effective 9‐1‐1 Response
Maintain Effective 9‐1‐1 Response
Maintaining Parks
Maintaining Parks
Maintaining Parks
Maintaining Parks
Retaining Firefighters
Youth Services
Youth Services
Youth Services
Ambulance Service Contract increase to maintain service level Park Security Contract
Human Resources Technician dedicated to Police Recruiting Park Maintenance and Repairs / Master Plan
Armed Security for Parks
Park Facilities ‐ Personnel
Park Ambassador
Orange County Fire contract increase to maintain service level Zoo and Recreation Personnel
Zoo Contract & Supply Enhancements
Crossing Guard
FMSA
PRCSA
HR

PRCSA/PWA
PRCSA
PWA
PRCSA
FMSA
PRCSA
PRCSA
PWA
116,747 116,747
4,674,450
1,500,000
1,300,000
300,000
10,675,000
513,130
776,500
466,626
458,480
100,720
4,674,450
1,500,000
1,300,000
300,000
10,675,000
513,130
776,500
466,626
458,480
100,720
‐
‐
Youth Services
Youth Services
Youth Services
Subtotal Before Unrestricted Purposes
Librarians and administrative Support (Personnel)
Youth Employment Program
Sports & Rec Equipment Lending + Additional Programming Library
CDA
PRCSA 200,000
49,855,583
200,000
3,106,431 52,962,014
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
FY18‐19 Budget Deficit ‐ Planned Use of General Fund Reserve FY18‐19 Budget Deficit ‐ Planned Staff Savings not implemented Vehicle Incentive Program (VIP)
FMSA
FMSA
CDA
10,200,000
1,500,000
1,705,760
800,000
10,200,000
1,500,000
1,705,760
New Debt Payments for Purchase of Streetlights PWA 800,000 City Council 19 – 22 4/2/2024
City of Santa Ana Measure X
Fiscal Year Ended June 30, 2024
Recurring costs
identified in
Prior Fiscal Years
236,000
300,000
50,000
Recurring costs
identified in
FY23‐24
One‐time costs
identified in
FY23‐24
Department
Responsible
Total plan
spending Category Description
Street Tree Maintenance (Tree‐Trimming)
Universal Legal Defense Fund for Dreamers & Parents
Public Meeting Software & ADA Captioning
Sales Tax Rebate ‐ Volvo & Tac Energy
Santa Ana Regional Transportation Center Subsidy and Maintenance Support for Utility Billing, Business Retention and HR ‐ Administrative Permit Service Technician‐ PBA salaries
Engineering Salaries for review of Plan Checks and Permits Vietnamese Community Liaison
Part‐Time staff salaries
Executive Assistance
(1) Full‐time staff attorney position
Protected Bike Lane sweeping program
Records Manager
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Unrestricted General Revenue Purpose
Subtotal Unrestricted Purposes
PWA
CMO
COTC
CDA
PWA
FMSA
PBA
236,000
300,000
50,000
725,000
1,100,000
700,000
105,707
500,000
150,000
67,920
119,740
206,190
150,000
104,504
340,500
100,000
200,000
115,680
420,000
600,000
100,000
‐
725,000
1,100,000
700,000
105,707
500,000
150,000
67,920
119,740
206,190
150,000
104,504
340,500
100,000
200,000
115,680
420,000
600,000
100,000
16,285,920
36,958,021
PBA
CMO
CMO
CMO
CAO
PWA
COTC
PRCSA
CDA
CDA
CDA
COTC
PWA
PBA
Increase the City Events budget
Graffiti Arts Program
Arts & Culture Event Sponsorship Program
Economic Dev. Spec. I
City Council, Contract Vendor Personnel Services
PWA Graffiti Abatement Service Enhancement (Graffiti Removal) General Plan requirements for communications/outreach/monitoring Future Pension Stabilization (115 Trust) Multiple 16,285,920 20,672,101 ‐ 16,285,920
Totals $ 70,527,684 $ ‐ $ 19,392,351 $ 89,920,035
City Council 19 – 23 4/2/2024
Flores, Dora
From: Erica Johnson <[email protected]>
Sent: Friday, March 22,
To: eComment; Flores, David
Subject: public comment
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Totheesteemed members oftheSanta AnaCityCouncil,
Asaparent striving toprovide thebestformychild, Imust express myconcern regarding thelackofresources available regarding childcare inourcity. Itisdisheartening towitness thestruggles faced bydaycare owners andfamilies duetothelimited options andsupport available. Weneedtocome together asacommunity and ensure thatevery child hasaccess toquality childcare, andevery provider hasthenecessary resources toofferit.

Ihighly recommend theCityCouncil prioritize funding andsupport forchildcare inourcommunity toaddress thisserious issue.

Thank youforyourattention tothismatter.

Erica J.
1 City Council 19 – 24 4/2/2024
Flores, Dora
From: Michelle Martinez <michellemartinez1981@outlook. com> Sent: Sunday, March 24,
To: eComment; Flores, David
Subject: Public comment tosupport childcare
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCityCouncil,
Iamachildcareprovider whohasdedicated years tothegrowth andenrichment ofSantaAna’syoungest learners.

Unfortunately, Icannot helpbutsharemydisappointment inthelackofsupport forproviders andthechild caresector overall. Wehadacrucial opportunity toupliftandstrengthen thechildcareinfrastructure, yetit seems thatthisopportunity hasbeenoverlooked. Theabsence offunding forprograms aimed atsupporting providers andfamilies istroublesome andhinders ourability toofferthequality careourchildren deserve.

IurgetheCityCouncil toreconsider itsdecision andprioritize funding forinitiatives thatwillbenefit the childcare sector andthefamilies itserves.

Sincerely,
Michelle Martinez
2 City Council 19 – 25 4/2/2024
Flores, Dora
From: Ashley Nunes <[email protected]>
Sent: Tuesday, March
To: eComment; Flores, David
Subject: comment forApril2meeting
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Esteemed SantaAnaCityCouncil Members,
Iamwriting toyouasapassionate advocate forearlyeducation.

Iamdeeply concerned aboutthelimited resources available tochildcare providers andfamilies seeking carein ourcity.

Itisevident thatthecurrent lackofsupport hampers ourability toprovide quality careandeducation toour youngest residents.

Wemustrecognize theimportance ofinvesting inthechildcare sector, notonlyforthewell-beingofour children butalsofortheeconomic development ofourcommunity.

TheCityCouncil should stepup, takeaction andallocate resources tosupport earlyeducation workers and struggling families inSantaAna.

Respectfully,
Ashley Nunes
1 City Council 19 – 26 4/2/2024
SentwithProtonMailsecureemail.
3 City Council 19 – 27 4/2/2024
Flores, Dora
From: Elizabeth Lagunas <[email protected]>
Sent: Monday, April1, 2024
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

Hello,
AsaresidentofWashington SquareI’mwritingthisemailinsupportofaneighborhood park.

Thankyou.

SentfrommyiPhone
1 City Council 19 – 28 4/2/2024
Flores, Dora
From: Vanessa Magan <vanessamagan1@gmail. com>
Sent: Monday, April1,
To: eComment
Subject: Washington Square AGENDA 19
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Good afternoon CityCouncil,
Myfamily andIhavelivedinWashington Square forover40years! Wehaveseenallthechanges inthe neighborhood andIthink thataparkinthedesignated areawould beessential tothecommunity. Wecanbring additional value tothisneighborhood, hugerevenue foranyfuture residents inourarea.

Thank youinadvance,
Vanessa Magan
2 City Council 19 – 29 4/2/2024
Flores, Dora
From: Jeanna HeckMcCann <jeannamccann14@gmail. com>
Sent: Monday, April1, 2024
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCityCouncil:

MynameisJeanna Heck McCann. Myhusband, JohnMcCann, andIhavebeenSantaAnaresidents since 2021. Wehavevery much enjoyed ourtimelivingintheWashington Square neighborhood.

Onethingwehaveoftenwished forourselves andourchildisaneighborhood parkwithin walking distance of ourhome. Iwould urgeyoutoapprove thefunding foraFeasibility Study forourdesired walkable pocket park.

Thisisthelastundeveloped property inourneighborhood, perfect forapark.

Sincerely,
Jeanna Heck McCann
3 City Council 19 – 30 4/2/2024
Flores, Dora
From: Christina Valenzuela <[email protected]> Sent: Monday, April1, 2024
To: eComment
Subject: Agenda 19Washington Square Neighborhood Park
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

I'minsupport oftheabove referenced park. Thank you
Christina Valenzuela
4 City Council 19 – 31 4/2/2024
Flores, Dora
From: Fernanda Zendejas <[email protected]>
Sent: Monday, April1, 2024
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

Hello,
MynameisFernandaZendejas. Myhusband, JulianGalindo, andIhavebeenresidents inthesquaresince2019. We haveverymuchenjoyedourtimelivingintheWashington Squareneighborhood.

Onethingwehaveoftenwishedforourselves andourdogsisaneighborhood parkwithinwalkingdistanceofourhome.

Iwouldurgeyoutoapprove thefundingforaFeasibility Studyforourdesiredwalkablepocketpark. Thisisthelast undeveloped property inourneighborhood, perfectforapark.

Sincerely,
FernandaZendejas
SentfrommyiPhone
5 City Council 19 – 32 4/2/2024
Flores, Dora
From: JeanPoppa <[email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda Item19-Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

ToSantaAnaMayor andCityCouncil,
Iwritetoletyouknowthatmyhusband, RayPoppa andI, urgeyoutoapprove thefunding forthefeasibility study forapocket parkintheWashington Square neighborhood. 6 City Council 19 – 33 4/2/2024
Flores, Dora
From: CathyEdgerton <[email protected]>
Sent: Monday, April1,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCityCouncil:

Myname isCathyEdgerton. Myhusband, AkiEdgerton, andIhavebeenSantaAnaresidents since 2022. We feelsoblessed toliveinthiscityandparticularly inouramazing Washington Square neighborhood. Itisso special.

Onething wehave oftenwished forourselves andoursonisaneighborhood parkwithin walking distance of ourhome. Weaskthatyouplease approve thefunding foraFeasibility Study forourdesired walkable pocket park. This isthelastundeveloped property inourneighborhood, perfect forapark.

Sincerely,
CathyEdgerton
7 City Council 19 – 34 4/2/2024
Flores, Dora
From: ShopBella Lexie <shopbellalexie@gmail. com>
Sent: Monday, April1,
To: eComment
Subject: Agena Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCouncil:

Myname isAlexxis Torres. MyfamilyandIhavebeenresidents since 1990. Wehaveverymuch enjoyed our timelivingintheWashington Square neighborhood, asaWilson Elementary School alumni community, this community isdeartomyheart.

Onethingwehaveoftenwished forourselves andmychild (5yearolddaughter) isaneighborhood parkwithin walking distance ofourhome. Iwould urge youtoapprove thefunding foraFeasibility Study forourdesired walkable pocket park. Thisisthelastundeveloped property inourbeautiful neighborhood, perfect forapark.

Sincerely,
AlexxisTorres
SantaAna, Ca92706
BellaLexie, Owner
http://Shopbellalexie.com
Instagram.com/shopbellalexie
8 City Council 19 – 35 4/2/2024
Flores, Dora
From: nina.jirik@washington- square.org
Sent:

To: eComment
Subject: Agenda Item19, Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearMayorAmezcua, CityCouncil & SantaAnaStaff,
IaminsupportofapprovingtheFeasibilityStudyfortheWashingtonSquareNeighborhoodPark. The ParksandRecdepartmentsupportsit, theParks & RecCommissionsupportsit, 653ofourresidents signedapetitiontosupportit. Thetimetomoveforwardisnow. Theparcelinquestionistheonly vacantlandinWashingtonSquareandtheownerwantstoselliteitherforaparkortoadeveloper.

Anappraisalofthevacantlandhasalreadybeencompleted, andisnowhereneartheoriginalaskingprice oftheseller. Ifpricewaseverlookedatasabarriertoproceed, knowthatthereisplentyofroomfor negotiation. Additionally, thesellerisopentobreakinguptheindividualparcels, tomakeforamore favorabletransaction. Thistosay, pleaseproceedwithaFeasibilityStudy. re: staffrecommendations:

1. 10th & FlowerPark: The10th & Flowerparkunderdevelopmentisadjacenttotheextremelower endofWashingtonSquare, willprimarilyservetheWillardNeighborhoodandisacrossabusy thoroughfare, FlowerStandisnoteasilywalkable.

2. Thelocationwasn'tidentifiedintheParkMasterPlan: TheMasterPlanwaspublishedinMay2022 andcompiledlongbeforethatbytheParksandRecformerExecutiveDirector. Thatispriortothe parcelinquestionwasidentifiedasapossibleparksite. WashingtonSquareisinGapArea15of theMasterPlan, calledoutasparkdeficientandisalsoinanenvironmental justicearea. The MasterPlancallsforincreasingtheamountofparkacreageto1.5acres/1000residentsby2032 andaddingthis1/3acresitetothemixisastepintherightdirection. MasterPlanActionPlan #8 states "EvaluateParkAcquisitionOpportunities - ConveneaworkgroupthatbringstogetherCity interagencystaff, communityleaders, andprivateenterprisetoidentifyandevaluateacquisition opportunities, creatingastatusreportandmetricstomeasureprogress." That'swhatthe WashingtonSquareParkAd-HocCommitteehasbeendoing!

3. ZonedforR1: AneasyfixbyavoteofCityCouncil

4. Increasedoperations & maintenancecosts: Thisproposedpocketparkwillberelativelylow maintenance. We'rerecommending apassiveparkwithlotsofgreenspaceforplayandsocial interaction. It'sproximitytothe10thandFlowerprojectmeansthatthemaintenanceandsecurity crewscanserviceitasapartoftheirroutine. Thereprobablywouldn'tberestroomsorstructures thatrequirecontinuedcleaningorrepair.

TheMeasure-XCommitteehasindicatedsupportofthestudyandmayprovidepartialfunding.

Thisisaone-timeopportunitytoacquireundevelopedlandforapocketparktoserveapark-deficient neighborhood. PleasemoveforwardwiththeFeasibilityStudyinthemid-yearbudget.

Thankyouforyourconsideration
NinaJirik Ward5
WashingtonSquareNeighborhoodAssociationCo-President
9 City Council 19 – 36 4/2/2024
NinaJirik
WSNACo-President
SantaAna, CA92706
10 City Council 19 – 37 4/2/2024
lores, Dora
From: JohnMuller <jm@johnnymullerdesigns. com>
Sent: Monday, April
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Hi,
IhavebeenSanta Anaresidents since 2023. Wehaveverymuch enjoyed ourtimelivingintheWashington Square neighborhood.

Onethingwehaveoftenwished forourselves andourchildisaneighborhood parkwithin walking distance of ourhome. Iwould urgeyoutoapprove thefunding foraFeasibility Study forourdesired walkable pocket park.

Thisisthelastundeveloped property inourneighborhood, perfect forapark.

Sincerely,
JohnnyMuller
creative director / owner
m :
11 City Council 19 – 38 4/2/2024
Flores, Dora
From: JeffreyQualey <[email protected]>
Sent: Monday, April1,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Hello,
Please goforward withtheplans forthispark. Itwillbethelastopportunity todothisinameaningful way. TheWashington Square neighborhood should havetherighttohaveitsownpark. Itwillbeawesome.

Theaddition ofthisparkisagoalthecityhastoincrease much needed openspaces.

Don'tletthischance passby.

JeffQualey
Washington Square Resident
12 City Council 19 – 39 4/2/2024
Flores, Dora
From: JulieS <[email protected]>
Sent: Monday,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCityCouncil:

IhavebeenSanta Anaresident since 2003...21years. Ihaveverymuch enjoyed mytimeliving inthe Washington Square neighborhood andwatching ourneighborhood andSantaAnabecome avibrant community withprideofownership.

Iwould liketourgeyoutoapprove thefunding foraFeasibility Study forourdesired walkable pocket parkin theWashington Square Neighborhood. Thisisthelastundeveloped property inourneighborhood, perfect fora park, whichwillenhance thebeautiful characteristics ofourlittlehistorical SantaAnaneighborhood.

Sincerely,
JulieSeyler
SantaAna, CA92703
13 City Council 19 – 40 4/2/2024
Flores, Dora
From: sylvia.salenius <[email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda Item19: Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Itwouldbeawonderful ideatocreate awalkable neighborhood parkontheproperty atthenorth endofOlive andLowell Streets. Afriendly place forneighbors toenjoy some landscaped open space, andaplace toplant replacements forthe20heritage carob trees thatwererecently removed onOliveStreet. Ameandering walk would beaperfect option under acanopy ofshade trees. Please support thispark! SylviaSalenius
SentfrommyGalaxy
14 City Council 19 – 41 4/2/2024
Flores, Dora
From: PoggiFamily <[email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

DearCityCouncil,
Thecityhastoomanyparks, saidNOONEever!
Buildtheparkandwatchitfillwithchildren, mothers, fathers, aunts, uncles, grandparents, friends, etc. Buildthepark andgiveWSresidents, thechildrenofWilson, andHeroElementary optionsforoutings. Buildtheparkandgivethe surrounding neighborhoods options.

Growingupwithaparkinthedevelopment youlivein, isanabsolutebeautifulexperience. Howmanyofyouhavefond memoriesofyourneighborhood’spark? Theoneyoucouldreachviaashortwalkorbicycleride. TheonethatdidNOT requireyoucrossingamainstreetorleavingyourneighborhood.

HelpSantaAnacompetewithothercommunities bybuildingmoreparks, please.

SentfrommyiPhone
15 City Council 19 – 42 4/2/2024
Flores, Dora
From: Michele Weiler <[email protected]>
Sent: Monday, April1,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

InsupportofthetheCityCouncilmovingforwardwithaFeasibilityStudyforaparkinWashingtonSquare MyhusbandandIhavebeenWashingtonSquareresidentssince1983. Weraisedoursonhereandnowourtwo grandsonsvisitandenjoyittoo.

WefeelaneighborhoodparkwouldbeagreatinvestmentforboththecityofSantaAnaandourlovely neighborhood. PleaseapprovethefundingforaFeasibilityStudy. Thereisnotabetterusefor thelastundeveloped propertyinourneighborhood.

Thankyou,
BruceandMicheleWeiler
16 City Council 19 – 43 4/2/2024
Flores, Dora
From: DaleHelvig <[email protected]>
Sent: Monday, April
To: eComment; Hall, Jennifer; Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Lopez, Jessie; Bacerra, Phil; Hernandez, Johnathan; Penaloza, David Cc: Hatch, Tom; Mendoza, Steven; Carvalho, SoniaR.

Subject: 2024-04-01LettertoCityCouncil-Item18-Santiago ParkGrant Attachments: 2024-04-01LettertoCityCouncil-Item18-Santiago ParkGrant.pdf Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Seeattached filefor2024-04-02CityCouncil meeting.

DaleHelvig
Resident, SantaAna
1 City Council 19 – 44 4/2/2024

2024- 04-01 Letter to City Council- Item 18-Santiago Park Grant Dale Helvig
Resident, Santa Ana CA 92706
April 1, 2024
Mayor Amezcua and Santa Ana City Councilmembers
City of Santa Ana
20 Civic Center Plaza, 8th Floor
Santa Ana CA 92702
Subject: Agenda Item 18 – Grant for Santiago Park Main Street Construction I would like to thank City Staff for all the work they have done to obtain a grant from the State Coastal Conservancy for Santiago Park Main Street Construction, Main Street Entrance. Accepting these funds will help in the restoration of the only wilderness park in Santa Ana and continue the emphasis Santa Ana is placing on improving the overall quality of City parks. These improvements will most definitely improve the quality of life of the residents of Santa Ana and its visitors.

I look forward to hearing of the City Councils approval of the Conservancy grant funding of $2,807,000.

Thank you for your thoughtful consideration.

Respectfully,
Dale A Helvig
Resident, Santa Ana
City Council 19 – 45 4/2/2024
Flores, Dora
From: Michelle RyanBartlett <mbartlett114@hotmail. com> Sent: Monday, April1, 2024
To: eComment
Cc: Russ Bartlett
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

DearSantaAnaCityCouncil:

MynameisMichelleBartlett. Myhusband, Russ, andIhavebeenSantaAna/WSresidents since2001! Infact, welove thisneighborhood somuchthatwhenourfamilywasgrowingwestayedintheneighborhood movingjustaroundthe cornerfromourprevioushome!
Wealwayswishedforaparkintheneighborhood thatwecouldwalktoliketheFloralParkandMorrisonPark neighborhoods.

IurgeyoutoapprovefundingforaFeasibilityStudyinourdesiredwalkablepocketpark. Thisisthelastundeveloped propertyinourneighborhood, perfectforapark, andawonderfulwaytofurtherstrengthen relationships inour neighborhood andcommunity.

Sincerely,
MichelleBartlett
SentfrommyiPhone
17 City Council 19 – 46 4/2/2024
Flores, Dora
From: MariMuller <[email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

DearSantaAnaCityCouncil:

MynameisMariMuller. Myhusband, JohnMuller, andIhavebeenSantaAnaresidents since2023. Wehaveverymuch enjoyedourtimelivingintheWashington Squareneighborhood.

Onethingwehaveoftenwishedforourselves andourchildisaneighborhood parkwithinwalkingdistanceofourhome.

Iwouldurgeyoutoapprove thefundingforaFeasibility Studyforourdesiredwalkablepocketpark. Thisisthelast undeveloped property inourneighborhood, perfectforapark.

Sincerely,
MariMuller
1411NTownerSt
18 City Council 19 – 47 4/2/2024
Flores, Dora
From: JesseCh <jchavezortega9@gmail. com>
Sent: Monday,
To: eComment
Subject: Agenda item19 -WASQ neighborhood park
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

GoodEvening,
Thisemails purpose istovehemently support theuseofthevacant landnearthecorner ofFlower and 17thStreet, intheWashington Square neighborhood, tobeusedasaneighborhood park. WASQ isagreat neighborhood toliveinandwould benefit greatly byhaving itconverted intoasmallparkforitsresidents to enjoy. Iminfullsupport ofthisparkinmycity.

Warmly,
J. Chavez
19 City Council 19 – 48 4/2/2024
Flores, Dora
From: Ricarda Cox <[email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda item19Washington SquarePark
Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Towhom itmayconcern:

Wearewriting thisemail inordertoshowourdesire toseeaparkputintheareaattheendofourneighborhood andontheback sideofthechurch areathatisstillopenandwithout buildings. Itappears tobetheperfect place foradogparkforthisneighborhood andforSantaAna.

Bestregards
CliffandRicarda Cox
Washington Square, SantaAna
SentfromAT&TYahoo MailonAndroid
20 City Council 19 – 49 4/2/2024
Flores, Dora
From: ChrisGorman <[email protected]>
Sent: Monday, April1,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

Iencourage thecouncil toproceed withfunding theparkfeasibility study inthisbeautiful corner ofSantaAna.

AsaWashing Square resident foroverfiveyears, there isnoparkwithin 1/2mileofourhome onLouiseSt.

Thisisalready awonderful, vibrant cityandmore parks would donothing more thanfurther improve both of those qualities.

Sincerely,
Christopher Gorman
21 City Council 19 – 50 4/2/2024
Flores, Dora
From: Tmichalski73 < [email protected]>
Sent: Monday, April
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSanta AnaCityCouncil:

Myname isAnthony Peter Michalski andIhavebeenaproud homeowner inWashington Square since 2009.

Ihavereally enjoyed livingintheneighborhood andappreciate everything that youdoforus.

Asyouknow, there isanundeveloped property inWashington Square thatisunder consideration tobe developed intoapark. Istrongly support developing thisproperty intoawalkable pocket parkandurge youto approve thefunding forafeasibility study. Apocket parkwould make theneighborhood even better and contribute totheoverall community.

Thank you.

Regards,
Anthony Peter Michalski
22 City Council 19 – 51 4/2/2024
Flores, Dora
From: MariaRamirez <[email protected]>
Sent: Monday, April1,
To: eComment
Subject: Agenda Item19Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutsideofCityofSantaAna. Usecautionwhenopeningattachments orlinks.

Hello. MynameisMariaRamirez. MyfamilyandIhavelivedinWashington Squaresince2017. Weloveour neighborhood, butweneedaparkforourchildrentoplay. Iseechildren ofallagesplayinginWilson’sparkinglotafter schoolhours. ThisworriesmebecausedriversspeedthroughthestopsignsonWashington StandBakerSt. Sometimes childrenareplayingwithballsthatgoontothestreet. Itisvitalforourneighborhood tohaveabiggreenspaceforour children. Pleaseconsidertheparkoptionforouramazingneighborhood.

Thankyou,
MariaRamirez
23 City Council 19 – 52 4/2/2024
Flores, Dora
From: JanMcEachern <[email protected]>
Sent: Tuesday, April2,
To: eComment
Subject: Subject: Agenda Item19: Washington Square Neighborhood Park Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearSantaAnaCityCouncil:

Myname isJanMcEachern. Myhusband, JimandIhavebeenSantaAnaresidents since 1976. We haveverymuchenjoyed ourtimelivingandrsising afamilyonOliveStreet intheWashington Square neighborhood. Asafeneighborhood pocketparkwithinwalking distance ofourhomes isamuch desired wonderful addition forourresidents.

Iwouldurgeyoutoapprove thefunding foraFeasibility Study forourdesired walkable pocketpark.

Thisisthelastundeveloped property inourneighborhood, perfect forapark! Sincerely Yours,
JanMcEachern
24 City Council 19 – 53 4/2/2024
Flores, Dora
From: LindaTimmons <lindatimmons28@gmail. com>
Sent: Monday, April1,
To: eComment; Flores, David
Subject: CDBGFunding forEconomic Development Programs thatSupport Childcare Attention: Thisemailoriginated fromoutside ofCityofSantaAna. Usecaution whenopening attachments orlinks.

DearHonorable Members oftheSantaAnaCityCouncil,
Asanearly childhood educator whoispassionate about thewell-being ofourcommunity'schildren, Iam dismayed bytherecent decision toforgoeconomic development support forthechildcare sector.

Theopportunity toinvest inprograms thatsupport daycare owners andfamilies wasachance toupliftourentire community, yetitwasmissed. Wecannot overlook thecriticalrolethatchildcare plays inthedevelopment of ourchildren andthestability ofourfamilies.

Irespectfully request thattheCityCouncil reconsider thisdecision andprioritize funding forprograms that strengthen childcare inourcity.

Withsincere regards,
LindaTimmons
1 City Council 19 – 54 4/2/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Ordinance Amendment Relating to Emergency Services - Definitions

AGENDA TITLE
Ordinance Amending Chapter 2 of the City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2-643 – Definitions

RECOMMENDED ACTION
Approve the introduction and first reading of an ordinance to expand the definition of an emergency in the Santa Ana Municipal Code.

ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2-643 - DEFINITIONS
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Local government has increasingly become the target of cyberattacks affecting computer systems, networks, and infrastructure. Several California agencies, including the cities of Oakland, Modesto, and Long Beach, as well as the Orange County and San Bernardino County Sheriff departments, have all been recently targeted. These attacks can paralyze City services affecting normal work processes, revenue collection, public safety communications, water service, and could result in the theft of sensitive information. The City’s Information Technology department has taken various measures to increase cybersecurity, including new tools and staff training. The Finance Department has initiated preparation of a cyberattack playbook for business continuity. The City has purchased cybersecurity insurance to help mitigate risk of loss.

At this time, staff recommends updating the Santa Ana Municipal Code definition of an emergency to include cyberterrorism, a de-energization event, and an electromagnetic pulse attack. Adding these perils to the definition of an emergency will support maximum flexibility to quickly respond to such an event.

City Council 20 – 1 4/2/2024
Ordinance Amendment Relating to Emergency Services - Definitions April 2, 2024

Currently, Section 2-643 of the Santa Ana Municipal Code defines a local emergency as follows:
“Emergency or local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.” The proposed Ordinance would add the three new classifications noted above to the definition of a local emergency event.

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

EXHIBIT(S)

1. Ordinance
Submitted By: Kathryn Downs, Executive Director of Finance and Management Services & Jack Ciulla, Chief Technology Innovations Officer Approved By: Tom Hatch, Interim City Manager
City Council 20 – 2 4/2/2024
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA

MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV
(OFFICERS, DEPARTMENTS, BOARDS AND
COMMISSIONS), DIVISION 15 RELATING TO
EMERGENCY SERVICES, SECTION 2-643 - DEFINITIONS
WHEREAS, Chapter 2, Article IV, Division 15 of the Santa Ana Municipal Code (“SAMC”) establishes the emergency organization of the City of Santa Ana (“City”) and provides for emergency functions of the City in an emergency; and WHEREAS, Section 2-643 of the SAMC establishes the definitions of different types of emergencies the City may face; and
WHEREAS, California Government Code § 8558 establishes the conditions or degrees of emergency; “state of war emergency,” “state of emergency,” and “local emergency” for the State of California; and
WHEREAS, Section 2-643 of the SAMC does not currently specifically include cyberterrorism, deenergization event, or electromagnetic pulse attack in its definitions for “emergency or local emergency” or “state of emergency”; and WHEREAS, this ordinance shall amend Section 2-643 of the SAMC to specifically include “cyberterrorism,” deenergization event” and “electromagnetic pulse attack” in its definitions for “emergency or local emergency” to be consistent with state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Chapter 2 of the Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 (Emergency Services), Section 2-643 - Definitions is hereby amended to read as follows.

Sec. 2-643. Definitions.

For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended:

EXHIBIT 1
City Council 20 – 3 4/2/2024
Ordinance No. NS-XXX

Director or director of emergency services means the individual having primary jurisdiction and authority over the city's response and recovery to emergencies and disasters and is authorized to act on behalf of the city.

Emergency or local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

Emergency services/emergency operations/emergency management, used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused.

State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

State of war emergency means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.

Section 4. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is City Council 20 – 4 4/2/2024
Ordinance No. NS-XXX

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.

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

Section 6. This Ordinance shall become effective thirty (30) days after its adoption.

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

ADOPTED this _______ day of ___________, 2024.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 20 – 5 4/2/2024
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.

NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 20 – 6 4/2/2024
Planning and Building Agency
www.santa-ana.org/pb
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Ordinances Prohibiting Short-Term Rentals

AGENDA TITLE
Approve Urgency Ordinance No. NS-XXXX of the City Council of the City of Santa Ana, adding Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short-Term Rentals (STRs) and for First Reading of an Ordinance Amending the SAMC Adding Article XXI to Chapter 8 of the SAMC Prohibiting Short-Term Rentals

RECOMMENDED ACTIONS

1. Adopt an urgency ordinance by two-thirds (2/3 vote) amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.

ORDINANCE NO. NS-XXXX entitled AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA PURSUANT TO CHARTER SECTIONS 415 AND 417 ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA

MUNICIPAL CODE PROHIBITING SHORT-TERM RENTALS

2. Approve first reading of an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.

ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XXI TO CHAPTER 8 OF THE

SANTA ANA MUNICIPAL CODE TO PROHIBIT SHORT-TERM RENTALS

3. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.

City Council 21 – 1 4/2/2024
Short-Term Rentals Ordinances
April 2, 2024