Agenda packet — Santa Ana City Council, April 2, 2024 (part 1 of 5)

City Council and Housing Authority Meeting
Packet
April 2, 2024
CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Tom Hatch
Interim City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in City Council 1 4/2/2024
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request tospeakbydialing*9fromyourphoneoryoumayvirtuallyraiseyourhandfromZoom City Council 2 4/2/2024
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:00 p.m. Speakers who are not in the speaker queue with their hand raised by 4:00 p.m. will not be permitted to speak.

City Council 3 4/2/2024
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“Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Consejo.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
City Council 4 4/2/2024
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Allen Cates v. City of Santa Ana, et al., United States District Court (Central District of California), Case No. 8:23cv00786HDVDFM

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiator: Daniel Durham, Principal Employee Relations Analyst Employee Organization:

Santa Ana Police Officers Association (POA)

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Council 5 4/2/2024
Employee Organization:

Santa Ana Police Officers Association (POA)

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: City Manager
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Jennifer Gutierrez, Clue Justice
ADDITIONS\DELETIONS TO THE AGENDA
STAFF PRESENTATIONS

4. Parks, Recreation, and Community Services Agency Awards Presentation CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 18 and waive reading of all resolutions and ordinances.

5. Excused Absences
City Council 6 4/2/2024
PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 18 and waive reading of all resolutions and ordinances.

5. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

6. Minutes from the Regular Meeting of March 19, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

7. Appoint Luis Mier Nominated by Mayor Amezcua as a Tenant Representative to the Rental Housing Board for a Full Term Expiring in 2027
Department(s): City Clerk’s Office
Recommended Action: Appoint Luis Mier to the Rental Housing Board as a Tenant Representative and administer the Oath of Office.

8. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Bristol Street Improvements Phase IV, Warner Avenue to Saint Andrew Place, Bristol Street and Memory Lane Intersection Improvements, and Warner Avenue Improvements, Oak Street to Grand Avenue (Project Nos. 116741, 176833, and 186901) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program funding for Bristol Street Improvements Phase IV (Warner Avenue to Saint Andrew Place) (23SNTAACE4043), Bristol Street and Memory Lane Intersection Improvements (23SNTAICE4041), and Warner Avenue Improvements (Oak Street to Grand Avenue) (23SNTAACE4044).

9. Appropriation Adjustment for the Walnut Street Urban Greening Project Department(s): Public Works Agency
Recommended Action: Approve an appropriation adjustment to recognize $2,199,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Walnut Street Urban Greening project into the Parks Capital GrantPWA, State GrantDirect revenue account and appropriate the same amount into the Parks Capital GrantPWA, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

10. Amend the Blanket Purchase Order Contracts with Horizons Construction Co., ProCraft Construction, Inc., and Verne’s Plumbing (Specification No. 20118) (General City Council 7 4/2/2024
Recommended Action: Approve an appropriation adjustment to recognize $2,199,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Walnut Street Urban Greening project into the Parks Capital GrantPWA, State GrantDirect revenue account and appropriate the same amount into the Parks Capital GrantPWA, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

10. Amend the Blanket Purchase Order Contracts with Horizons Construction Co., ProCraft Construction, Inc., and Verne’s Plumbing (Specification No. 20118) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize an amendment to the blanket purchase order contracts with Horizons Construction Co., ProCraft Construction, Inc., and Verne’s Plumbing for plumbing services to increase the contract amount by $790,620, for a revised aggregate amount not to exceed $2,335,620 for the remainder of the current term expiring September 30, 2024 and the last renewal period expiring September 30, 2025.

11. Agreement for the Sale of Land from the City and Approve an Appropriation Adjustment, Generating $4,800 in Revenue for FY 202324 RightofWay Management Project (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Guadalupe Castaneda for the sale of Cityowned property located at APN No. 41007144, behind 3025 Ramona Drive, in the amount of $4,800 (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing revenue in the amount of $4,800 in the Public Works General Fund, Sale of Land revenue account (No. 01117002 57071) for Fiscal Year 202324 and appropriating the same to the Public Works RightofWay expenditure account, Improvements Other Than Building (No. 01117622 66220) Project 246900 for FY 202324 Right of Way Management. (Requires five affirmative votes)

12. Cooperative Agreement with the City of La Habra and Partnering Cities for the Euclid Street Corridor Traffic Signal Synchronization Project (Project 236721) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a cooperative agreement with the Cities of La Habra, Fullerton, Anaheim, Garden Grove, and Fountain Valley, identifying each city’s roles and responsibilities, including Santa Ana’s match requirement of $113,827, for the implementation of the Euclid Street Corridor Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and ending December 31, 2028, with an option for extension upon written agreement by all parties (Agreement No. A2024XXX).

13. Agreement with Houston & Harris, PCS, Inc. to Provide Closed Circuit Television Inspection Services of the Sanitary Sewer System (NonGeneral Fund) Department(s): Public Works Agency
RecommendedAction:AuthorizetheCityManagertoexecuteanagreementwith City Council 8 4/2/2024
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Ana’s match requirement of $113,827, for the implementation of the Euclid Street Corridor Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and ending December 31, 2028, with an option for extension upon written agreement by all parties (Agreement No. A2024XXX).

13. Agreement with Houston & Harris, PCS, Inc. to Provide Closed Circuit Television Inspection Services of the Sanitary Sewer System (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Houston & Harris, PCS, Inc. to provide closed circuit television inspection services of the sanitary sewer system for a threeyear term beginning April 2, 2024 and expiring April 1, 2027, with a provision for a twoyear extension, in a total amount not to exceed $4,000,000 (Agreement No. A2024XXX).

14. Legal Services Agreement with Best Best & Krieger LLP for Bond Counsel and Disclosure Counsel for Potential Water Enterprise Revenue Bond Issuance (NonGeneral Fund) Department(s): Finance and Management Services
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 nottoexceed amount of $88,000 for a term expiring September 30, 2025 (Agreement No. A2024XXX).

15. Agreement with Hera Property Registry, LLC for Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services for Administering the City’s Property Registration Program
Department(s): Planning and Building Agency
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 threeyear term expiring April 1, 2027,with an option for two oneyear extensions (Agreement No. A2024XXX).

16. Agreement with Healthcare and Emergency Animal Rescue Team to Provide Spay and Neutering Services for Qualifying LowIncome Residents Department(s): Planning and Building Agency
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 lowincome Santa Ana residents for a threeyear 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. A2024XXX).

17. Lease Agreements with Rick Kagasoff for Two Warehouse Locations for the Santa Ana Police Department Evidence Section in the Amount of $877,200 Department(s): Police Department
Recommended Action: Authorize the City Manager to execute threeyear lease agreements with Rick Kagasoff for two separate warehouse locations for the period City Council 9 4/2/2024
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medical services for a spay and neutering program to lowincome Santa Ana residents for a threeyear 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. A2024XXX).

17. Lease Agreements with Rick Kagasoff for Two Warehouse Locations for the Santa Ana Police Department Evidence Section in the Amount of $877,200 Department(s): Police Department
Recommended Action: Authorize the City Manager to execute threeyear 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 1year extension, in an aggregate amount not to exceed $877,200 (Core Agreement No. A2024XXX):

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

18. Resolution to Authorize Grant Funds from the State Coastal Conservancy Grant for Santiago Park Main Street Construction Project
Department(s): Public Works Agency
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. 2024XXX 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
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

19. Early Direction for the Fiscal Year 202425 Budget (continued from the meeting of March 19, 2024, Item No. 26)
Department(s): Finance and Management Services
Recommended Action: Provide direction for preparation of the proposed FY 2024 25 budget.

20. 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 2643 – Definitions Department(s): Finance and Management Services
Recommended Action: Approve the introduction and first reading of an ordinance City Council 10 4/2/2024
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Department(s): Finance and Management Services
Recommended Action: Provide direction for preparation of the proposed FY 2024 25 budget.

20. 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 2643 – Definitions Department(s): Finance and Management Services
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. NSXXX 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 2643 DEFINITIONS

21. Approve Urgency Ordinance No. NSXXXX of the City Council of the City of Santa Ana, adding Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting ShortTerm Rentals (STRs) and for First Reading of an Ordinance Amending the SAMC Adding Article XXI to Chapter 8 of the SAMC Prohibiting ShortTerm Rentals Department(s): Planning and Building Agency
Recommended Action: 1. Adopt an urgency ordinance by twothirds (2/3 vote) amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting ShortTerm Rentals.

ORDINANCE NO. NSXXXX 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 SHORTTERM 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 ShortTerm Rentals.

ORDINANCE NO. NSXXXX 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 SHORTTERM 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.

22. Youth Commission Informational Report (continued from the meeting of March 19, 2024, Item No. 25)
Department(s): Parks, Recreation, and Community Services City Council 11 4/2/2024
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.

22. Youth Commission Informational Report (continued from the meeting of March 19, 2024, Item No. 25)
Department(s): Parks, Recreation, and Community Services Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

23. Amendment Application (Zone Change) No. 202401 to Amend the Zoning Map District Designation for the Properties Located at 2101 and 2109 E. Santa Clara Avenue
Published in the OC Reporter on March 20, 2024.

Department(s): Planning and Building Agency
Recommended Action: 1. Approve the introduction and first reading of an ordinance approving Amendment Application (Zone Change) No. 202401.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202401 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE (APN: 39626126 AND 39626138) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5)

2. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH No. 2024010298), Environmental Review No. 202316, prepared for the project, in accordance with the California Environmental Quality Act (CEQA).

CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

1. Water Shutoff Protection Act Compliance Ordinance

2. ACC/OC Presentation

3. FY202425 Budget Discussions and Approval
POSTINGSTATEMENT:OnMarch262024atrueandcorrectcopyofthisagendawas City Council 12 4/2/2024
commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority meeting.

Future Items

1. Water Shutoff Protection Act Compliance Ordinance

2. ACC/OC Presentation

3. FY202425 Budget Discussions and Approval
POSTING STATEMENT: On March 26, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2 and waive reading of all resolutions and ordinances.

1. Excused Absences
Department(s): Excuse the absent members.

Recommended Action: City Clerk’s Office

2. Minutes from the Special Meeting of February 20, 2024 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

City Council 13 4/2/2024
POSTING STATEMENT: On March 26, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2 and waive reading of all resolutions and ordinances.

1. Excused Absences
Department(s): Excuse the absent members.

Recommended Action: City Clerk’s Office

2. Minutes from the Special Meeting of February 20, 2024 Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
**END OF CONSENT CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the Housing Authority on each of the Public Hearing items

3. Public Hearing Approve the Fiscal Year 202425 Housing Authority Annual Plan City Council 14 4/2/2024
**END OF CONSENT CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the Housing Authority on each of the Public Hearing items

3. Public Hearing Approve the Fiscal Year 202425 Housing Authority Annual Plan Published in the OC Register, La Opinion, and Nguoi Viet on February 16, 2024.

Department(s): Community Development Agency
Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Fiscal Year 202425 Housing Authority Annual Plan to the U.S.

Department of Housing and Urban Development.

2. Adopt a resolution approving the Fiscal Year 202425 Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the U.S. Department of Housing and Urban Development.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 20242025
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.

POSTING STATEMENT: On March 26, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

City Council 15 4/2/2024
CITY COUNCIL 1 MARCH 19, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
March 19, 2024
CLOSED SESSION MEETING – 4:00 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953(b), the regular meeting will include teleconference participation from Mayor Pro Tem Thai Viet Phan from: NINH BINH HIDDEN CHARM HOTEL & RESORT, No 9, Tam Coc – Bich Dong Tourist Center, Ninh Thang, Hoa Lu, Ninh Binh, Vietnam (with the room number posted in the hotel lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3.

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:18 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager Tom Hatch
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 6 – 1 4/2/2024
CITY COUNCIL 2 MARCH 19, 2024

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Lopez and Vazquez, and Mayor Amezcua were present.

Councilmembers Hernandez and Penaloza, and Mayor Pro Tem Phan (via teleconference) arrived during Closed Session.

ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: City Attorney Sonia Carvalho requested to add an item to the Closed Session Agenda related to threats of litigation regarding an item on the Open Session agenda.

Mayor Amezcua stated she would not support the item.

Councilmember Lopez spoke in support of the item and requested it be discussed.

City Attorney Carvalho clarified that there must be a unanimous vote to add the item, and as there was not, the item was not added to the Closed Session Agenda.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:20 P.M.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code.

A. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01287702

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization:
• Santa Ana Police Officers Association (POA)
City Council 6 – 2 4/2/2024
CITY COUNCIL 3 MARCH 19, 2024

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code:

Title: Acting City Manager/ Interim City Manager/ Permanent City Manager CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:44 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
Interim City Manager
City Attorney
City Clerk
Tom Hatch
Sonia R. Carvalho
Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan (via teleconference), and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Acting Police Chief Robert Rodriguez WORDS OF INSPIRATION Police Chaplain Barnett
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced the continued Public Hearing Agenda Item No. 27 was removed by staff.

CEREMONIALPRESENTATIONS

1. Certificates of Recognition Presented by Mayor Amezcua to the Mater Dei High School Boys Varsity Soccer Team for Exceptional Athletic Performance City Council 6 – 3 4/2/2024
CITY COUNCIL 4 MARCH 19, 2024
MINUTES: Mayor Amezcua presented the Certificates of Recognition to the Mater Dei High School Boys Varsity Soccer Team for exceptional athletic performance.

2. Certificate of Recognition presented by Councilmember Hernandez to Pearl Raya and the Raya Foundation for Outstanding Contributions to the Community
MINUTES: Councilmember Hernandez presented the Certificates of Recognition to Perla Raya and the Raya Foundation for Outstanding Contributions to the Community.

3. Certificate of Recognition Presented by Councilmember Lopez to Viet Rainbow of Orange County for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented the Certificate of Recognition to Viet Rainbow of Orange County for Outstanding Contributions to the Community.

4. Proclamation presented by Councilmember Vazquez to El Centro Cultural de Mexico in Recognition of their 30-Year Anniversary
MINUTES: Councilmember Vazquez presented the Proclamation to El Centro Cultural de Mexico in recognition of their 30-Year Anniversary.

STAFF PRESENTATIONS

5. Planning and Building Agency Awards Presentation
MINUTES: Planning and Building Executive Director Minh Thai presented the 2023 Planning Awards.

CITY MANAGER COMMENTS WAS CONSIDERED OUT OF ORDER

CITY MANAGER COMMENTS
MINUTES: Interim City Manager Tom Hatch gave an update regarding the proposed Orange County Needle Exchange Distribution Program.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated there was reportable action on Closed Session Agenda Item No. 3. The City Council has unanimously appointed Alvaro Nunez as the Acting City Manager effective March 29, 2024.

City Council 6 – 4 4/2/2024
CITY COUNCIL 5 MARCH 19, 2024
AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER
MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 8, seconded by Councilmember Bacerra.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 - 0 – Pass
MINUTES: While Councilmember Penaloza was initially absent for Agenda Item No. 8, he recorded ‘yes’ vote with the City Clerk.

8. Appoint Wyatt Malfavon Nominated by Mayor Amezcua as the Mayor Representative to the Youth Commission for a Partial-Term Expiring in December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Wyatt Malfavon to the Youth Commission as the Citywide representative and administer the Oath of Office.

MINUTES: No Public Comments were received regarding Agenda Item No. 8.

City Clerk Jennifer L. Hall administered the Oath of Office to Wyatt Malfavon.

Councilmember Vazquez requested Agenda Item No. 24 be considered out of order and prior to public comments.

City Clerk Jennifer L. Hall stated, per the Brown Act, public comments must be heard prior to Council consideration.

Mayor Amezcua announced public comments would be limited to two minutes per speaker for two hours.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

MINUTES: The following speakers addressed the City Council in person:

1. Liza Rios expressed concern regarding protests in her neighborhood and spoke regarding freedom of speech.

City Council 6 – 5 4/2/2024
CITY COUNCIL 6 MARCH 19, 2024

2. Jeffrey Katz spoke in support of Agenda Item No. 24.

3. Hasan Abushamzani spoke in opposition to Agenda Item No. 24.

4. Hairo Cortes spoke in opposition to Agenda Item No. 24 and spoke regarding social media censorship.

5. Kelly spoke in opposition to Agenda Item No. 24.

6. Robin spoke regarding anti-Semitism.

7. Omar Z. spoke regarding First Amendment rights and requested Mayor Amezcua resign as mayor.

8. Omar K. spoke in opposition to Agenda Item No. 24.

9. Kashif G. spoke in opposition to Agenda Item No. 24.

10.Yas spoke in opposition to Agenda Item No. 24.

11.Marina Salmon spoke in opposition to Agenda Item No. 24.

12.Dr. Maha Afra spoke in opposition to Agenda Item No. 24.

13.Johnny A. Mejia stated he has been treated unfairly by the Parks and Recreation Department related to youth sports and expressed concern with the costs, rules, and regulations in place.

14.Tomas Fernandez echoed the previous speaker’s comments.

15.Kendee Hamilton spoke in opposition to Agenda Item No. 24.

16.Mohammad spoke in opposition to Agenda Item No. 24.

17.Michael Diaz spoke in opposition to Agenda Item No. 24.

18.Wessal spoke in opposition to Agenda Item No. 24.

19.Samantha spoke in opposition to Agenda Item No. 24.

20.Jannah spoke in opposition to Agenda Item No. 24.

21.Tanya Navarro spoke in opposition to Agenda Item No. 24.

22.Jose Lopez (translation: Spanish) spoke regarding parking permit issues in his neighborhood.

City Council 6 – 6 4/2/2024
CITY COUNCIL 7 MARCH 19, 2024

23.Juliana M. spoke in opposition to Agenda Item No. 24.

24.Monique Rangell spoke in opposition to Agenda Item No. 24.

25.Diplomatic Democrat spoke in opposition to Agenda Item No. 24.

26.Jenny Hazen spoke in support of Agenda Item No. 24.

27.Jaime Saleta (translation: Spanish) expressed concern regarding manifestations and protesting at homes.

28.Jennifer Martinez spoke in opposition to Agenda Item No. 24.

29.Hassan spoke in opposition to Agenda Item No. 24.

30.Perla Dionicio spoke regarding community safety.

31.Fernando Deveras spoke in opposition to Agenda Item No. 24.

32.Hope Palestine spoke in opposition to Agenda Item No. 24.

33.Nas S. spoke in opposition to Agenda Item No. 24.

34.Lydda spoke in opposition to Agenda Item No. 24.

35.Kit Thelo spoke in opposition to Agenda Item No. 24.

36.Jenan spoke in opposition to Agenda Item No. 24.

37.Mona Palestine spoke in opposition to Agenda Item No. 24.

38.Salera spoke in opposition to Agenda Item No. 24.

39.Armagaan Rehaman spoke in opposition to Agenda Item No. 24.

40.Ali H. spoke in opposition to Agenda Item No. 24.

41.Alison DeMark spoke in support of Agenda Item No. 24.

42.Nina Jirik spoke regarding vacant property in Washington Square neighborhood.

43.David Jirik requested a walkable park in vacant property at Washington Square neighborhood and a feasibility study.

44.Rashad spoke in opposition to Agenda Item No. 24.

45.Mark Rothenberg spoke in support of Agenda Item No. 24.

City Council 6 – 7 4/2/2024
CITY COUNCIL 8 MARCH 19, 2024

46.Carlos Perea spoke in opposition to Agenda Item No. 24.

47.Monica Tenorio spoke in opposition to Agenda Item No. 24.

48.Khadija spoke in opposition to Agenda Item No. 24.

49.Jesus Vazquez spoke in opposition to Agenda Item No. 24.

The following speakers addressed the City Council via teleconference:

50. Ben Salazar spoke in opposition to Agenda Item No. 24.

51.Pat Davis spoke in opposition to Agenda Item No. 24.

52.Julia Gomez spoke in opposition to Agenda Item No. 24.

53.Housing is a Human Right OC spoke in opposition to Agenda Item No. 24.

54.Danett Abbott-Wicker spoke in opposition to Agenda Item No. 24.

55.Leonel Flores spoke in opposition to Agenda Item No. 24.

56.Katie Newman spoke in opposition to Agenda Item No. 24.

57.Ash Katchem spoke in opposition to Agenda Item No. 24.

There were not speakers at Mayor Pro Tem Phan’s teleconference location. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) Agenda Item No. 11, One (1) Agenda Item No. 12, 53 Agenda Item No. 24, Four (4) Agenda Item No. 27, and Nine (9) non-agenda comments.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 23 and waive reading of all resolutions and ordinances
MINUTES: At 9:42 P.M. the Consent Calendar was considered.

Councilmember Phan recused herself from Agenda Item No. 22 as the listed entity, Tait & Associates, Inc., is a client of her employer, Rutan and Tucker.

Councilmember Bacerra pulled Agenda Item No. 23 for separate discussion and consideration.

Councilmember Penaloza pulled Agenda Item No. 14 for separate discussion and consideration.

CONSENT CALENDAR
City Council 6 – 8 4/2/2024
CITY COUNCIL 9 MARCH 19, 2024
MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 23 with the exception of Item Nos. 14 and 23 pulled for separate discussion and consideration and Item No. 8 considered out of order, seconded by Councilmember Lopez.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Regular Meeting of March 5, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC COMMENTS. (See Page 5)

9. Substance Abuse and Public Intoxication Enforcement Informational Report 4th Quarter 2023
Department(s): Police Department
Recommended Action: Receive and file.

10.Approve an Appropriation Adjustment and an Amendment to the Fiscal Year 2023 2024 Capital Improvement Program to Add Funds to the Automated Metering Infrastructure Project (Project No. 166460) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment to transfer $1,300,000 from Water Utility Production & Supply, Miscellaneous Operating Expenses account and $1,550,000 in Water Meter Services, Contract Services – Professional account, City Council 6 – 9 4/2/2024
CITY COUNCIL 10 MARCH 19, 2024
to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 20232024 Capital Improvement Program to include $4,500,000 in construction funds for the Automated Metering Infrastructure Project. (Project No. 166460)

11.Approve Appropriation Adjustment Recognizing $725,000 in Housing Assistance Payment Funds for Emergency Housing Vouchers Department(s): Community Development Agency
Recommended Action: Approve an appropriation adjustment recognizing housing assistance funding in the amount of $725,000 in revenue account (no. 1791800252011) and appropriating the same amount to expenditure account (no. 1791876069158) to administer existing vouchers. (Requires five affirmative votes).

12.Award Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 5 Application
Department(s): Community Development Agency
Recommended Action: Approve the submission of the Homeless Housing, Assistance, and Prevention (HHAP) Program Round 5 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness.

13.City of Santa Ana 2023 General Plan Annual Progress Report Department(s): Planning and Building Agency
Recommended Action:

1. Receive and file the City of Santa Ana 2023 General Plan Annual Progress Report; and

2. Authorize staff to submit the City of Santa Ana 2023 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR).

City Council 6 – 10 4/2/2024
CITY COUNCIL 11 MARCH 19, 2024
AGENDA ITEM NO. 14 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION.

14.Approve Destruction of Obsolete City Records
Department(s): Public Works Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Public Works Agency’s Engineering Services Division, Development and Construction Engineering Section in accordance with the retention schedule outlined in City Council Resolution 2013-014.

MINUTES: Councilmember Penaloza spoke in support of the item and requested the removal of Bristol Street Widening Project records until the project has been completed.

Mayor Amezcua asked for the years of the requested records for destruction.

Public Works Director Nabil Saba stated the records are from prior to 2012.

Councilmember Lopez spoke regarding the retention policy and asked for clarification regarding the type of records requesting to be destroyed.

Director Saba spoke regarding the type of records prepared for destruction.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 14, as amended to retain any records related to the Bristol Street Widening Project, seconded by Councilmember Hernandez.

The motion carried, 6-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,

MAYOR AMEZCUA

COUNCILMEMBER LOPEZ
NONE
NONE
Status: 6 – 1 – Pass

15.Receive and File Citywide Sports Field Renovation Schedule Department(s): Public Works Agency
Recommended Action: Receive and file Citywide Sports Field Renovation Schedule for 2024 to 2025.

City Council 6 – 11 4/2/2024
CITY COUNCIL 12 MARCH 19, 2024

16.Award Purchase Order Contract with Lightbox Parent, L.P. for Geographic Information System Data Services Subscription (Specification No. 24-024) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award a Purchase Order Contract with Lightbox Parent, L.

P. to provide Geographic Information System Data Services for a total not to exceed amount of $281,326, including an annual contingency of $5,000, for a term beginning on April 16, 2024 and expiring April 15, 2029.

17.Award Blanket Order Contract to Dell Marketing L.P. for Desktop Laptops, Mobile Devices, and Related Equipment in an Amount Not to Exceed $8,100,000 (Specification No. 24037) (General and NonGeneral Fund) Department(s): Information Technology
Recommended Action: Award Blanket Order Contract to Dell Marketing L.P. for desktop computers, laptops, mobile devices, and related equipment for a twenty-one-month period expiring November 30, 2025 with provisions for five, one-year renewal options, in an annual amount not to exceed $1,200,000.

18.Amend the Agreement with Hanson Bridget, LLP (General Fund) Department(s): City Attorney’s Office
Recommended Action: Authorize the City Manager to execute a first amendment to the Agreement with Hanson Bridgett, LLP to provide legal and investigative services, increasing the amount of the compensation by $125,000 for a total agreement amount of $175,000, and revise the term of the Agreement through June 30, 2025, with an option to extend for up to one (1) year (Agreement No.

A2024032).

19. Approve and Agreement with Invengo America Corporation DBA FE Technologies for Maintenance Services and Equipment for the Delhi Library Branch Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Invengo America Corporation DBA FE Technologies to provide maintenance services and library equipment for the Delhi Library Branch for a threeyear term ending March 15, 2027 in an amount not to exceed $40,212 (Agreement No.

A2024033).

City Council 6 – 12 4/2/2024
CITY COUNCIL 13 MARCH 19, 2024

20. Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a third amendment to the agreement with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services, to extend the existing term through December 31, 2024, with no supplementary expenses to the previously executed amount (Agreement No. A2024034).

21.Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. for OnCall Material Testing and Special Inspection Services (Non General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the second amendments to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMAGroup, Inc. to provide oncall material testing and special inspection services and increase the contract amount by $2,000,000, for a total amount not to exceed $4,000,000 for the remaining term (Core Agreement No. A2024035).

22.Approve First Amendments to Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, KimleyHorn and Associates, Inc., HuittZollars, Inc., and Tait & Associates, Inc. for OnCall Engineering Services (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute first amendments to the agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, KimleyHorn and Associates, Inc., HuittZollars, Inc., and Tait & Associates, Inc. for oncall engineering services to increase the agreement amount by $750,000, for a total aggregate agreement amount not to exceed $2,750,000 for the remaining term of the agreement which began on August 16, 2022 and expires on August 15, 2025, with a provision for two, one year optional extensions (Core Agreement No.

A2024036).

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the consent calendar, seconded by Councilmember Lopez.

City Council 6 – 13 4/2/2024
CITY COUNCIL 14 MARCH 19, 2024
The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE

MAYOR PRO TEM PHAN
NONE
Status: 6 – 0 - 1 – Pass
AGENDA ITEM NO. 23 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION.

23.Resolutions to Increase the City Manager’s Office and Police Department Headcount, Amend the City’s Classification and Compensation Plan, and Approve the City Council Appointee Salary Schedule
Department(s): City Manager’s Office
Recommended Action: Adopt resolutions to increase the City Manager’s Office and Police Department headcount, amend the City’s classification and compensation plan, and approve the City Council Appointee salary schedule.

RESOLUTION NO. 2024006 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20232024 ANNUAL BUDGET TO ADD FULLTIME POSITIONS IN THE CITY MANAGER’S

OFFICE AND THE POLICE DEPARTMENT
RESOLUTION NO. 2024007 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN
RESOLUTION NO. 2024008 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA TO ADOPT AND APPROVE A COUNCIL
APPOINTEE SALARY SCHEDULE IN COMPLIANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
MINUTES: Councilmember Bacerra spoke in support of a new deputy city manager position, stated this was a form of defunding the police, and spoke in opposition to reallocating funds.

Councilmember Lopez asked for clarification regarding the statement of defunding police.

Interim City Manager Tom Hatch spoke regarding the proposed reallocation of funds and filling vacancies.

City Council 6 – 14 4/2/2024
CITY COUNCIL 15 MARCH 19, 2024
Acting Police Chief Robert Rodriguez spoke regarding the positive impacts of reallocating funds.

Councilmember Lopez spoke in support of the item.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 23, seconded by Councilmember Vazquez.

MINUTES: Councilmember Penaloza spoke in support of a new deputy city manager position, expressed concern regarding the major changes to the Police Department, and spoke regarding defunding sworn police officers.

SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, as amended to continue the portion of the workforce changes related to the Police Department, seconded by Councilmember Bacerra.

MINUTES: Councilmember Bacerra expressed concern regarding losing funding for sworn police officers and requested the new Police Chief make that determination/assessment of the department.

Councilmember Vazquez inquired whether the positions of sworn police officers were being deleted or suspended and the number of unfilled positions, sworn officers, and separation of officers per year.

Interim City Manager Hatch and Acting Police Chief Rodriguez answered Councilmember Vazquez’s questions and provided clarification.

At 10:01 P.M. City Clerk Jennifer L. Hall announced Mayor Pro Tem Phan would no longer be participating in the meeting.

Councilmember Hernandez spoke in support of the item.

Discussion ensued regarding the impacts to the Police Department’s operations, hiring of new officers, filling vacant positions, allocation of funding, and discussion during the budget cycle.

The substitute motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ
NONE

MAYOR PRO TEM PHAN
Status: 3 – 3 – 0 - 1 – FAIL
City Council 6 – 15 4/2/2024
CITY COUNCIL 16 MARCH 19, 2024
The original motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, MAYOR AMEZCUA
NONE

MAYOR PRO TEM PHAN
Status: 3 – 3 – 0 -1 – FAIL
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended to approve positions of the Deputy City Manager and Human Resources Analyst only, seconded by Councilmember Hernandez.

The motion carried, 4-2-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA, MAYOR

AMEZCUA

COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ
NONE

MAYOR PRO TEM PHAN
Status: 4 – 2 – 0 - 1 – Pass
MINUTES: Councilmember Penaloza clarified that the rest of the police classifications would be part of the budget cycle.
**END OF CONSENT CALENDAR**
MINUTES: At 10:34 P.M., the Business Calendar was considered.

24.Ordinance Establishing Distance Requirement for Targeting Residential Picketing
Department(s): City Manager’s Office
Recommended Action:

1. Adopt an urgency ordinance establishing distance requirements for targeted residential picketing.

ORDINANCE NO. NSXXX entitled AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA IN ACCORDANCE WITH SANTA ANA CHARTER SECTIONS 415 AND 417 TO ESTABLISH DISTANCE
REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California

BUSINESS CALENDAR
City Council 6 – 16 4/2/2024
CITY COUNCIL 17 MARCH 19, 2024
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)); and

2. Approve first reading of an ordinance establishing distance requirements for targeted residential picketing. If approved, Article 1 section 10110 would be amended and entitled “Targeted Residential Picketing” and sections 10111 and 10 112 will be added to the Santa Ana Municipal Code.

ORDINANCE NO. NSXXX entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10,
ARTICLE 1, SECTION 10 110 AND ADDING SECTIONS 10111 AND 10112 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH

DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)).

MINUTES: City Attorney Sonia Carvalho announced the proposed ordinance is a staff driven item and spoke regarding the proposed ordinance.

Councilmember Hernandez spoke regarding First Amendment rights and spoke in opposition to the item.

Councilmember Vazquez spoke regarding protesting and spoke in opposition to the item.

Councilmember Lopez spoke regarding her personal experience regarding inconvenience, spoke in support of an amended noise ordinance, and asked for clarification regarding permitting and violation of First Amendment rights.

City Attorney Carvalho spoke regarding protested picketing and language in the proposed ordinance.

Councilmember Bacerra spoke in support of the proposed ordinance.

City Clerk Jennifer L. Hall stated that per Resolution No. 2023-047 at 11:00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M., and will continue all other items on which additional time is required until a future City Council meeting.

MOTION: Mayor Amezcua moved to complete Agenda Item No. 24, continue all remaining items on the agenda, and adjourn the City Council meeting, seconded by Councilmember Hernandez.

City Council 6 – 17 4/2/2024
CITY COUNCIL 18 MARCH 19, 2024
The motion carried, 4-1-0-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA

COUNCILMEMBER LOPEZ
NONE

MAYOR PRO TEM PHAN
Status: 4 – 1 – 0 - 2 – Pass
MINUTES: Councilmember Hernandez spoke in opposition to the item, spoke regarding his personal experience related to protests, and stated he does not wish to move forward with the item.

Councilmember Penaloza spoke regarding First Amendment rights to protest and spoke in support of the ordinance.

Mayor Amezcua spoke in support of the item.

Councilmember Penaloza asked for clarification regarding amending noise ordinance.

City Attorney Carvalho spoke regarding options for amending the noise ordinance.

MOTION: Councilmember Hernandez moved to not approve the recommended action for Item No. 24, seconded by Councilmember Vazquez.

The motion failed, 3-3-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

LOPEZ, COUNCILMEMBER VAZQUEZ,

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA , MAYOR AMEZCUA
NONE
NONE
Status: 3 – 3 – 0 - 1 – Fail
AGENDA ITEM NO. 25 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING.

25.Youth Commission Informational Report
Department(s): Parks, Recreation, and Community Services Recommended Action: Accept information report and provide direction to staff.

City Council 6 – 18 4/2/2024
CITY COUNCIL 19 MARCH 19, 2024
AGENDA ITEM NO. 26 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING.

26.Early Direction for the Fiscal Year 2024-25 Budget
Department(s): Finance and Management Services
Recommended Action: Provide direction for preparation of the proposed FY 2024-25 budget.
**END OF BUSINESS CALENDAR**

PUBLIC HEARINGS

27.PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL
Continued Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (Non-General Fund)
Legal Notice published in the OC Reporter on February 5 and February 9, 2024 and notice of continuance was posted on February 21, 2024.

Department(s): Public Works Agency
Recommended Action: N/A
**END OF PUBLIC HEARINGS**

CITY MANAGER COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD AFTER STAFF PRESENTATIONS.

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting at 11:14 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 6 – 19 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Time Extension Request of Measure M2 CTFP Grant Funds

AGENDA TITLE
Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Bristol Street Improvements Phase IV, Warner Avenue to Saint Andrew Place, Bristol Street and Memory Lane Intersection Improvements, and Warner Avenue Improvements, Oak Street to Grand Avenue (Project Nos. 11-6741, 17-6833, and 18-6901) (Non-General Fund)

RECOMMENDED ACTION
Authorize the Public Works Agency to request a two-year time extension of Measure M2 Comprehensive Transportation Funding Program funding for Bristol Street Improvements Phase IV (Warner Avenue to Saint Andrew Place) (23-SNTA-ACE-4043), Bristol Street and Memory Lane Intersection Improvements (23-SNTA-ICE-4041), and Warner Avenue Improvements (Oak Street to Grand Avenue) (23-SNTA-ACE-4044).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Bristol Street Improvements Phase 4, from Warner Avenue to Saint Andrew Place, Bristol Street and Memory Lane Intersection Improvements, and Warner Avenue Improvements Phase 2, from Oak Street to Grand Avenue, projects were awarded a total of $25,409,167 in funds by the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2023-24.

In accordance with CTFP guidelines, the construction contracts for these projects must be awarded by June 30, 2024. Despite diligent efforts to advance these projects through the construction phase, additional time is required beyond this deadline. CTFP guidelines also provide a one-time, up to two-year extension of Measure M2 CTFP funding, which will allow sufficient time to complete the outstanding project preparations for construction. Approval of this request will safeguard against a potential lapse in grant funding. The table below summarizes the request:

City Council 8 – 1 4/2/2024
Time Extension Request of Measure M2 CTFP Funds
April 2, 2024

Page 2 ends

The following is a brief summary of each project and their starts:

The Bristol Street Improvements include features such as buffered protected bike lanes, raised medians, parkways, buffer, and median landscaping, street widening, pavement reconstruction, signal modifications, and bus pads. This project has experienced delays due to utility coordination and cost escalation. Additionally, this project is now in the final stages of utility undergrounding design. Construction of these improvements is anticipated to commence in the final quarter of the year and this formal request to extend time will ensure continued OCTA funding.

Bristol Street and Memory Lane Intersection Improvements include widening of the intersection, adding a southbound through lane by replacement and installation of curbs, gutters, sidewalks, driveway approaches, pavement, landscaping, curb ramps, and traffic signal modifications. The utility coordination and Right of Way (ROW) acquisition phase for this project is nearing completion. Construction on these improvements is anticipated in the fall of 2024.

Warner Avenue Improvements Phase 2 from Oak Street to Grand Avenue includes the installation of parkways, raised medians, landscaping, storm drains, protected bike lanes, sound walls, pavement reconstruction, street lights, traffic signals, and bus pads.

The project is in the final stages of utility relocation planning, ROW acquisition, and railroad coordination. Construction of these improvements is anticipated in the fall of 2024.

FISCAL IMPACT
If this item is not approved, the City will relinquish over $25 million in awarded construction grant funding that will expire.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
Project Name Funding
Amount
Resolution /
City Council
Date
OCTA Board
Approval /
Programmed
FY
Bristol Street Improvements Phase 4
(Warner Avenue to Saint Andrew Place)
$11,910,061 2022-100
12/20/2022
April 10, 2023
FY 2023-24
Bristol Street and Memory Lane
Intersection Improvements
$1,501,900 2022-100
12/20/2022
April 10, 2023
FY 2023-24
Warner Avenue Improvements Phase 2
(Oak Street to Grand Avenue)
$11,997,206 2022-100
12/20/2022
April 10, 2023
FY 2023-24
City Council 8 – 2 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Walnut Street Urban Greening Project

AGENDA TITLE
Appropriation Adjustment for the Walnut Street Urban Greening Project

RECOMMENDED ACTION
Approve an appropriation adjustment to recognize $2,199,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Walnut Street Urban Greening project into the Parks Capital Grant-PWA, State Grant-Direct revenue account and appropriate the same amount into the Parks Capital Grant-PWA, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Walnut Street Urban Greening project (Phase I) area is located in central Santa Ana, adjacent to the Pacific Park Neighborhood and South Main Business District. It is within the North Focus Area as identified in the South Main Street Vision Plan (SMVP) and involves converting street Right of Way (ROW) along a section of Walnut Street, from Main Street to the Court Avenue alley, to greenway and public open space.

The SMVP, which covers a two-mile length of Main Street and periphery areas, was adopted by the City Council in 2016 following an extensive community outreach process with the purpose of revitalizing the area to enhance the residential and business communities along the Main Street Corridor. The Walnut Street project was identified in the SMVP in response to a community call for open space, which does not exist in the area. Improvements identified in the SMVP directly on Main Street were implemented in 2022-2023 as part of a complete street improvement project. However, the Open Space and Arts components were not included at that time due to budget limitations.

On April 1, 2023, the Public Works Agency’s Parks, Fleet, and Facilities Services Division submitted a grant application to the Clean California Local Grant Program. The latest initiative provides funding to cities and local agencies to clean and revitalize public places, to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. On February 15, 2024, the State of City Council 9 – 1 4/2/2024
Walnut Street Urban Greening Project
April 2, 2024

Page 2 ends

California announced that the grant application for the Walnut Street Urban Greening project was awarded funding (Exhibit 1).

FISCAL IMPACT
Approval of the requested appropriation adjustment will recognize California Department of Transportation, Clean California Local Grant Program grant funds totaling $2,199,000 into the Parks Capital Grant-PWA, State Grant-Direct revenue account (No. 16117002-52025), and appropriate $2,199,000 into the Parks Capital Grant-PWA, Improvements Other Than Buildings expenditure account (No. 16117263- 66200). The following table summarizes the funds budgeted and available for expenditure to deliver these projects.

Fiscal
Year
Accounting
Unit -
Account No.

Fund
Description
Accounting Unit,
Account No.

Description
Amount
Appropriation Adjustment
2023-24
16117263-
66220
(24-6603)
Parks Capital
Grants
SA River
Conservancy ProgPWA, Improvements
Other Than Buildings
$2,199,000
Total $2,199,000

EXHIBIT(S)

1. Caltrans Agreement – Walnut Street Urban Greening Project Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 9 – 2 4/2/2024
EXHIBIT 1
City Council 9 – 3 4/2/2024
City Council 9 – 4 4/2/2024
City Council 9 – 5 4/2/2024
City Council 9 – 6 4/2/2024
City Council 9 – 7 4/2/2024
City Council 9 – 8 4/2/2024
City Council 9 – 9 4/2/2024
City Council 9 – 10 4/2/2024
City Council 9 – 11 4/2/2024
City Council 9 – 12 4/2/2024
City Council 9 – 13 4/2/2024
City Council 9 – 14 4/2/2024
City Council 9 – 15 4/2/2024
City Council 9 – 16 4/2/2024
City Council 9 – 17 4/2/2024
City Council 9 – 18 4/2/2024
City Council 9 – 19 4/2/2024
City Council 9 – 20 4/2/2024
City Council 9 – 21 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Plumbing Services

AGENDA TITLE
Amend the Blanket Purchase Order Contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing (Specification No. 20-118) (General and NonGeneral Fund)

RECOMMENDED ACTION
Authorize an amendment to the blanket purchase order contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing for plumbing services to increase the contract amount by $790,620, for a revised aggregate amount not to exceed $2,335,620 for the remainder of the current term expiring September 30, 2024 and the last renewal period expiring September 30, 2025.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On October 20, 2020, after a competitive bidding process, the City Council approved blanket purchase order contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing for a two-year period from October 1, 2020 to September 30, 2022, with provisions for three one-year renewal options. The services provided through these contracts are used by various City departments for general plumbing repairs, modifications, and renovations.

With the adoption of the City’s FY 2023-24 budget, the City Council approved funding to replace the City Hall loading dock mechanical room sewer pump (Project No. 24-6046) and address the Ross Annex basement drainage issues (Project No. 24-6047). To move forward with these projects, staff recommends increasing the blanket purchase order contract amounts for plumbing services by an aggregate amount of $790,620, for a revised aggregate amount not to exceed $2,335,620 for the remainder of the agreement term.

FISCAL IMPACT
Additional funds in the amount of $678,120 are available for expenditure in the current Fiscal Year 2023-24. Funds in the amount of $112,500 will be included in the proposed annual budgets for future years. Any remaining project balances not expended by the City Council 10 – 1 4/2/2024
Plumbing Services
April 2, 2024

Page 2 ends

end of the fiscal year will be presented to the City Council for approval of carry-overs for subsequent fiscal years.

Fiscal
Year
Accounting
Unit-Account #
Fund Description Accounting Unit,
Account Description
Amount

RENEWAL OPTIONS
01117651-
62300 General Fund
Park Maintenance
Service Enhancement,
Contract ServicesProfessional
37,500
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
30,000
01117017-
66200 (24-
6046)
General Fund
PWA – Service
Enhancement,
Buildings & Building
Improvements
313,200
2023-24
Oct-Jun
01117017-
66200 (24-
6047)
General Fund
PWA – Service
Enhancement,
Buildings & Building
Improvements
297,420
Subtotal 678,120
01117651-
62300 General Fund
Park Maintenance
Service Enhancement,
Contract ServicesProfessional
50,000
2024-25
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
40,000
Subtotal 90,000
01117651-
62300 General Fund
Park Maintenance
Service Enhancement,
Contract ServicesProfessional
12,500
2025-26
Jul-Sep
07417655-
62320
Civic Center
Maintenance
Civic Center
Maintenance,
Maintenance & Repair
Buildings & Ground
10,000
Subtotal 22,500
TOTAL $790,620
City Council 10 – 2 4/2/2024
Plumbing Services
April 2, 2024

Page 3 ends

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 10 – 3 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Sale of Land and Appropriation Adjustment

AGENDA TITLE
Agreement for the Sale of Land from the City and Approve an Appropriation Adjustment, Generating $4,800 in Revenue for FY 2023-24 Right-of-Way Management Project (NonGeneral Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a purchase and sale agreement with Guadalupe Castaneda for the sale of City-owned property located at APN No. 410-071-44, behind 3025 Ramona Drive, in the amount of $4,800 (Agreement No. A-2024-XXX).

2. Approve an appropriation adjustment recognizing revenue in the amount of $4,800 in the Public Works General Fund, Sale of Land revenue account (No. 01117002-57071) for Fiscal Year 2023-24 and appropriating the same to the Public Works Right-of-Way expenditure account, Improvements Other Than Building (No. 01117622-66220) Project 24-6900 for FY 2023-24 Right of Way Management. (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
This City-owned land has remained vacant, as it previously served as a maintenance service facility for the Parks, Recreation, and Community Services Department. The City does not have plans to activate this vacant land and has encountered frequent trespassing and other safety issues and complaints from the residence that is adjacent to this lot (Exhibit 1). The purchase price was based on appraised values prepared by a state-licensed appraiser (Exhibit 2).

Approval of the recommended action will support the City’s goal to minimize blight and activate vacant land, while also lessening the City’s liability and maintenance costs.

Transferring ownership will serve as a mutually beneficial situation based on the circumstances of the exempted surplus land, which was deemed too small to develop independently for any other purpose within the existing zoning.

City Council 11 – 1 4/2/2024
Approve Agreement for the Sale of City-Owned Real Property April 2, 2024

Page 2 ends

Staff notified the California Department of Housing and Community Development (HCD) for review of the City of Santa Ana’s Resolution No 2023-065 declaring properties as Exempt Surplus Land. According to the resolution, the properties are less than 5,000 square feet in size and are not contiguous to land owned by the state or local agency that is being used for open-space or low-and moderate-income housing purposes. The HCD found the subject properties qualified as exempt surplus land under Government Code section 54221, subdivision (f)(1)(B), thus allowing for the transfer of ownership accordingly.

Staff recommends approval of the recommended actions to transfer ownership of unused and undevelopable land to the adjacent property owner (Exhibit 3), as authorized via Santa Ana Municipal Code Section 2-706 Sale to Owners of Adjoining Property, and Section 2-709 Exceptions to transfer ownership of substandard vacant land.

FISCAL IMPACT
Costs for maintaining vacant lots have escalated over the years, with frequent maintenance charges for installation, rental fees, damaged material replacement fees, and emergency fencing requests. Activating remnant land will help to generate necessary project funding that will support right-of-way maintenance and security citywide (Exhibit 4).

Approval of the recommended Appropriation Adjustment will recognize the receipt of $4,800 via the Public Works General Fund, Sale of Land revenue account and appropriate the same into the Public Works Right-of-Way expenditure account, Improvements Other Than Building via the FY 2023-24 Right of Way Management project (24-6900)
Fiscal
Year
Accounting
Unit–Account
No.

Fund
Description
Accounting Unit,
Account No.

Description
Amount
2023-24
01117622-
66220
(24-6900)
Public Works
General Fund
Public Works Right-ofWay, Improvements
Other Than Building
$4,800
TOTAL $4,800

EXHIBIT(S)

1. Location Map

2. Appraisal

3. Purchase and Sale Agreement

4. FY 23-24 CIP Amendment – General Fund
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 11 – 2 4/2/2024

LOCATION MAP
LEGEND:

PROPERTY

SUBJECT
4,025 SF PORTION OF APN 410-071-44
ADJACENT TO 3025 S. RAMONA DRIVE
(N.T.S)
PAGE 1 OF 1
D
RIVE
RAM
ONA
APN 410-071-44 LOT B
EXHIBIT 1
3 025
3030
3029
City Council 11 – 3 4/2/2024
City of Santa Ana Ownership
±4,025-SF Portion of APN 410-071-44
Santa Ana, California
Effective Date of Appraisal:

June 9, 2023
City Council 11 – 4 4/2/2024

H E N N E S S E Y & H E N N E S S E Y L L C
A California Limited Liability Company
Real Estate Appraisers
17602 17th Street, Suite 102-246 • Tustin, California 92780-7915 (714) 730-0744 • e-mail: [email protected]
Sharon A. Hennessey, MAI, SR/WA, AI-GRS
Certified General Real Estate Appraiser
MAI Designated Member of the Appraisal Institute
Joseph A. Hennessey, SR/WA (1928-2016) AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Senior Member, International Right of Way Association June 13, 2023
Ms. Haley Gilbert
Project Manager, CIP Engineering
City of Santa Ana
Public Works Agency (M-36)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
RE: Restricted Appraisal Report covering
City of Santa Ana Ownership
±4,025 Portion of APN 410-071-44
Santa Ana, California
At your request and authorization, herewith is submitted a Restricted Appraisal Report, as defined by the Uniform Standards of Professional Appraisal Practice, covering the above-referenced subject property. A Restricted Appraisal Report is appropriate in this instance because this report is for the client’s use only.

Per the City of Santa Ana, the subject property is ±4,025 square feet. The subject property does not have a street address. It is identified as a portion of APN 410-071-44.

The purpose of this appraisal is to estimate the range of market value of the subject property as of the effective date of the appraisal. This appraisal report is intended to provide our client, the City of Santa Ana, with an estimated range of market value for the subject property to be used for internal decision-making purposes, including possible sale of the property to the abutting ownership to its south side. The intended users of this report are the employees and duly authorized representatives of the City of Santa Ana.

The effective date of the appraisal is June 9, 2023. The date of the report is June 13, 2023.

Opinion of Value
It is the appraiser’s opinion that the market value range of the subject property as of the date of value, June 9, 2023, subject to the assumptions and limited conditions state herein, is:
$4,800 to $16,100
City Council 11 – 5 4/2/2024
The following analysis, opinions, and conclusion were developed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the “Code of Professional Ethics” and the “Standards of Professional Practice” of the Appraisal Institute. Any data, reasoning, and analysis not discussed in this Restricted Appraisal Report have been retained in the appraiser’s work file.

HENNESSEY & HENNESSEY LLC
by
Sharon A. Hennessey, MAI, SR/WA, AI-GRS
State of California AG003323
Santa Ana - APN 410-071-44 (6-13).wpd
City Council 11 – 6 4/2/2024
Requirements for Restricted Appraisal Reports
USPAP Standards Rule 2-2(b)
The following items are required to be included in a Restricted Appraisal Report:
i. State the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; ii. State the identity of any other intended user(s) by name; iii. Clearly and conspicuously state a restriction that limits use of the report to the client and the named intended user(s);
iv. Clearly and conspicuously warn that the report may not contain supporting rationale for all of the opinions and conclusions set forth in the report;
v. State the intended use of the appraisal;
vi. State information sufficient to identify the real estate involved in the appraisal; vii. State the real property interest appraised;
viii. State the type of value and cite the source of its definition; ix. State the effective date of the appraisal and the date of the report; x. State the scope of work used to develop the appraisal; xi. State the extent of any significant real property appraisal assistance; xii. Provide sufficient information to indicate that the appraiser complied with the requirements of Standard 1 by:
1) stating the appraisal methods and techniques employed; 2) stating the reasons for excluding the sales comparison, cost, or income appraoch(es) if any have not been developed;
3) summarizing the results of analyzing the subject sales, agreements of sale, options, and listings in accordance with Standards Rule 1-5; and
4) stating value opinion(s) and conclusion(s);
xiii. State the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal;
xiv. When an opinion of the highest and best use was developed by the appraiser, state that opinion;
xv. Clearly and conspicuously:
• State all extraordinary assumptions and hypothetical conditions; and • State that their use might have affected the assigned results; and xvi. Include a signed certification in accordance with Standards Rule 2-3.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 1
City Council 11 – 7 4/2/2024
Preface
This is a Restricted Appraisal Report as defined in the Uniform Standards of Professional Appraisal Practice (USPAP). By prior agreement, the client has determined that a Restricted Appraisal Report is appropriate in this instance.

This report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of USPAP for a Restricted Appraisal Report. As such, it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. Rather, only brief statements are presented. The supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser’s file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use of this report.

The subject property (portion of APN 410-071-44) is a ±4,025-square-foot vacant lot. If sold, the subject property would be joined/assembled to the adjacent ownership to the south.

Only the Sales Comparison Approach was used to value the subject property. This approach was considered to be the most likely approach a potential purchaser of the subject property would use.

The Income Approach and the Cost Approach were not used, because this parcel is essentially unimproved (vacant lot) and these approaches are not pertinent in this instance.

Standards Rule 2-2(b) of USPAP specifies that a Restricted Appraisal Report address 16 specific issues.

The following sections of this report are presented in a manner so as to comply with the 16 requirements that are specified on the previous page.
i. State the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; City of Santa Ana
ii. State the identity of any other intended user(s) by name; None
iii. Clearly and conspicuously state a restriction that limits use of the report to the client and the named intended user(s);
The use of this report is limited to the client and intended user, City of Santa Ana. There is no other intended user.
iv. Clearly and conspicuously warn that the report may not contain supporting rationale for all of the opinions and conclusions set forth in the report;
This report is restricted in that it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. This report cannot be thoroughly understood without this information. This information has been retained in the appraiser’s file.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 2
City Council 11 – 8 4/2/2024
v. State the intended use of the appraisal;
The intended use of this report is to establish the market value for the subject property as of the effective date of the appraisal. This report is to be used by the City of Santa Ana for internal decision-making purposes, including possible sale. The intended users of this report are the employees and duly authorized representatives of the City of Santa Ana. vi. State information sufficient to identify the real estate involved in the appraisal; The subject property is identified as a ±4,025 portion of Assessor’s Parcel Number 410-071-44. It does not have a street address. The subject property is located adjacent to the north side of 3025 Ramona Drive, Santa Ana, California. The subject property is shown on the exhibit in the Appendix of this report.
vii. State the real property interest appraised;
The property rights being appraised are fee simple interest.

The Dictionary of Real Estate Appraisal, 7th Edition, published in 2022 by the Appraisal Institute defines “fee simple estate” on page 73 as follows:

Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.

The fee simple estate valued in this report is appraised as though free and clear of existing leases and all other encumbrances except those noted in the valuation section of this report.
viii. State the type of value and cite the source of its definition; Definition of Market Value
The Dictionary of Real Estate Appraisal, 7th Edition, published in 2022 by the Appraisal Institute defines “market value” on page 118 as follows:

The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
ix. State the effective date of the appraisal and the date of the report; The effective date of the appraisal is June 9, 2023.

The date of the report is June 13, 2023.
x. State the scope of work used to develop the appraisal; The scope of the appraisal is the extent of the process of collecting, confirming, analyzing, and reporting data. The following were completed for this assignment:

1. Accepted the assignment to make an objective appraisal of the subject property and to report the estimated range of market value.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 3
City Council 11 – 9 4/2/2024

2. Toured the general area by automobile to get acquainted with the extent, condition, and quality of nearby developments, sales and offerings, density and type of development, topographical features, economic conditions, and trends toward change.

3. Viewed the subject property to get acquainted with the current particular attributes or shortcomings of the subject property.

4. Made a visual observation concerning public streets, access, drainage, and topography of the subject property.

5. Photographed the subject property and the immediate environs.

6. Obtained from qualified sources calculations of the area of land contained within the subject property.

7. Reviewed current maps, zoning ordinances, and other material for additional background information pertaining to the subject property and the sale property.

8. Formed an opinion of the highest and best use applicable to the subject property appraised herein.

9. Searched public records for factual information regarding recent sales of the subject property, and for recent sales of comparable property.

10. Viewed and confirmed, when possible, the sales price and other particulars pertaining to each comparable sale contained in this report.

11. Analyzed the data to arrive at a conclusion via the Sales Comparison Approach.

This was the only applicable approach. The Cost Approach and the Income Capitalization Approach were not applicable, because the subject is vacant land.

12. Reconciled the results of the analysis into an estimated range of value.

13. Prepared and delivered this Restricted Appraisal Report. xi. State the extent of any significant real property appraisal assistance; No one provided significant appraisal assistance.
xii. Provide sufficient information to indicate that the appraiser complied with the requirements of Standard 1 by:
1) stating the appraisal methods and techniques employed; 2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed;
3) summarizing the results of analyzing the subject sales, agreements of sale, options, and listings in accordance with Standards Rule 1-5; and 4) stating value opinion(s) and conclusion(s);
Appraisal Procedures
Per the client, the subject property is a vacant lot. This is a long narrow lot located between a residential property and a public bike lane. It does not front to a public street.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 4
City Council 11 – 10 4/2/2024
The Sales Comparison Approach was used to value the subject property. The Cost Approach and the Income Capitalization Approach were not used in this analysis, because the subject property is vacant. Thus, these approaches are not relevant in this instance.

General - Subject Property
The subject property is a vacant site located adjacent to a residential neighborhood.

The Land Use Element of the General Plan designates the subject property as LR-7, Low Density Residential. The subject is zoned R1, Single Family Residence.

Valuation - Subject Property
A search for comparable sales was conducted within the City of Santa Ana. Due to the limited number of sales, the search was expanded to include central and north Orange County. The most relevant sales were used to arrive at the value conclusion. Price per square foot was used as the unit of comparison. The indicated range of value of the subject property is $33.80 per square foot to $79.57 per square foot. The indicated value is $40.00 per square foot if independently developable.

The subject property is a landlocked site with the only potential user being the adjacent property owners on either side of the property.

The subject property is a small, narrow, landlocked parcel. The value of the subject property on a per square foot basis is less than the value of the abutting parcel on a per square foot basis. Properties with limited utility, such as the subject, are often referred to as remnant properties. These properties are most often sold at a discount. The factors that diminish the utility of a parcel may include physical constraints such as unusually small size, irregular configuration, access issues, or heavy encumbrances such as blanket easements, deed restrictions, or covenants. These restrictions limit marketability and value.

Historical sales data for remnant properties with diminished utility was collected and reviewed as the basis for estimating the appropriate discount to be applied to the preliminary value estimate. Due to the infrequency of these sales, the data search was expanded to include all of Southern California over an extended period of time. The analysis of remnant properties found that discount rates range from 36% to 97%; however, the predominant discount is above 60%.

Discounts of 90% and 97% were applied to the preliminary value estimate of $40.00 per square foot to reflect the diminished utility of the subject property due to its lack of access from a public street, its small size, and its long, narrow shape. $40.00/SF @ 90% discounted value = $4.00/SF × ±4,025 SF = $16,100 $40.00/SF @ 97% discounted value = $1.20/SF × ±4,025 SF = $4,830 rounded to $4,800
Opinion of Value
It is the appraiser’s opinion that the market value range of the subject property as of the date of value, June 9, 2023, subject to the assumptions and limited conditions stated herein, is:
$4,800 to $16,100
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 5
City Council 11 – 11 4/2/2024
Exposure Time
Exposure time is the amount of time necessary to expose a property in the open market to achieve a sale at the “as is” value conclusion, as of the date of the “as is” value. A reasonable exposure time for the subject property is estimated to be between 12 and 36 months.

File Information
As previously stated, this is a Restricted Appraisal Report; therefore, details of the comparable sales and the valuation analyses that have not been included in this report have been retained in the appraiser’s work files.
xiii. State the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal;
The subject property is essentially vacant and is appraised as such. xiv. When an opinion of the highest and best use was developed by the appraiser, state that opinion;
The conclusion of the highest and best use is based on consideration of those uses that are physically possible, legally permitted, and financially feasible. It is further limited by the use or uses that are maximally productive. After considering these factors, the highest and best use of the subject property is to hold as speculative investment. xv. Clearly and conspicuously:
• State all extraordinary assumptions and hypothetical conditions; and • State that their use might have affected the assigned results; and The value conclusion is subject to the following hypothetical condition that may affect assignment results:
• None
Hypothetical conditions are contrary to known facts about the physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis.

The value conclusion is subject to the following extraordinary assumption that may affect assignment results:
• The subject property is a ±4,025-square-foot portion of APN 410-071-44. For the purposes of this appraisal, the ±4,025-square-foot portion is appraised as though it is an independent parcel.

An extraordinary assumption is uncertain information accepted as fact. If an extraordinary assumption is found to be false as of the effective date of the appraisal, I reserve the right to modify my value conclusions.
xvi. Include a signed certification in accordance with Standards Rule 2-3.

Please see the following page for the signed certification.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 6
City Council 11 – 12 4/2/2024
Certification
I certify that, to the best of my knowledge and belief:
• the statements of fact contained in this report are true and correct. • the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. • I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the 3-year period immediately preceding the agreement to perform this assignment.
• I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
• my engagement in this assignment was not contingent upon developing or reporting predetermined results.
• my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. • my analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the person signing this certification.
• the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute.
• the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
• as of the date of this report, I have completed the continuing education program for Designated Members of the Appraisal Institute.

HENNESSEY & HENNESSEY LLC
by Dated: June 13, 2023
Sharon A. Hennessey, MAI, SR/WA, AI-GRS
State of California AG003323
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 7
City Council 11 – 13 4/2/2024
Appendix
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 8
City Council 11 – 14 4/2/2024
Assumptions and Limiting Conditions
Standards Rule (S.R.) 2-1 of the Standards of Professional Appraisal Practice of the Appraisal Institute requires the appraiser to “clearly and accurately disclose any extraordinary assumption or limiting condition that directly affects the appraisal and indicate its impact on value.” In compliance with S.R. 2-1, and to assist the reader in interpreting this report, such Assumptions and Limiting Conditions are set forth as follows:

1. This report is restricted in that it does not present discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser’s opinion of value. This report cannot be thoroughly understood without this information. This information has been retained in the appraiser’s file.

2. The reader is cautioned and reminded that the conclusions presented in this appraisal report apply only as of the effective date indicated. The appraiser makes no representation as to the effect on the subject property of any unforeseen events subsequent to the effective date of the appraisal.

3. The appraiser assumes no responsibility for hidden or unapparent conditions of the property, subsoil, groundwater, or structures that render the subject property more or less valuable. No responsibility is assumed for arranging for engineering, geologic, or environmental studies that may be required to discover such hidden or unapparent conditions.

4. Hennessey & Hennessey LLC’s liability is limited to the amount of the fee. The firm and the appraiser preparing the report are not responsible for erroneous information provided by others. There is no accountability or liability to a third party.

5. The contract for appraisal, consultation, or analytical services is fulfilled and the total fee is due upon completion of the report. The appraiser or those assisting in the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part, nor will they be asked or required to engage in post-appraisal consultation with client or third parties except under separate and special arrangements made a reasonable time in advance and at an additional fee for time and expenses.

6. The client shall notify the appraiser of any error, omission, or invalid data herein within 10 days of receipt and return the report, along with all copies, to the appraiser for corrections prior to any use whatsoever.

7. Neither the appraiser’s name nor this report may be used in connection with any financing plans that would be classified as a public offering under state or federal security laws.

8. Unless otherwise stated, the subject property is appraised assuming it to be in full compliance with all applicable zoning and land use regulations and restrictions. The property is appraised assuming that all required licenses, permits, certificates, consents, or other legislative and/or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based.

9. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to the size and area of the subject property was taken from information provided by the client, and no encroachment of the subject property is considered to exist.

10. In preparing this report, the appraiser was required to rely on information furnished by other individuals or found in existing records and/or documents. Unless otherwise indicated, such information is presumed to be reliable. However, no warranty, either expressed or implied, is given by the appraiser for the accuracy of such information, and the appraiser assumes no responsibility for information relied upon later found to have been inaccurate. The appraiser reserves the right to make such adjustments to the analyses, opinions, and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 9
City Council 11 – 15 4/2/2024

11. Maps, plats, and exhibits included in this report are for illustration only to serve as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from the report.

12. The appraiser has not been provided any information regarding the presence of any material or substance on or in any portion of the subject property or improvements thereon, which material or substance possesses or may possess toxic, hazardous, and/or other harmful and/or dangerous characteristics. Unless otherwise stated in the report, the appraiser did not become aware of the presence of any such material or substance during the inspection of the subject property. However, the appraiser is not qualified to investigate or test for the presence of such materials or substances.

The presence of such materials or substances may adversely affect the value of the subject property.

The value estimated in this report is predicated on the assumption that no such material or substance is present on or in the subject property or in such proximity thereto that it would cause a loss in value.

The appraiser assumes no responsibility for the presence of any such substance or material on or in the subject property, nor for any expertise or engineering knowledge required to discover the presence of such substance or material. Unless otherwise stated, this report assumes the subject property is in compliance with all federal, state, and local environmental laws, regulations, and rules.

13. No opinion as to the title of the subject property is rendered. Data related to ownership and legal description was obtained from the County of Orange and is considered reliable. Title is assumed to be marketable and free and clear from any encumbrances, easements, and restrictions except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use.

14. Possession of this report, or a copy of it, does not carry with it the right of publication. This report may not be used for any purposes by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with properly written qualification and only in its entirety. In particular, it may not be referred to in any report or financial statement or in any documents filed with a governmental agency without prior written consent of the appraiser.

15. The Regulations and Bylaws of the Appraisal Institute require each member and/or candidate to control the use and distribution of each appraisal by such member or candidate. Therefore, except as may hereinafter be provided, the party for whom this appraisal was prepared may distribute copies of this appraisal, in its entirety, to such third parties as may be selected by the party for whom this appraisal was prepared; however, selected portions of this appraisal shall not be given to third parties without the prior written consent of the signatory of this appraisal.

16. Further, neither all nor any part of this appraisal shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media, or other media for public communication without the prior written consent of the signatory of this appraisal.

17. The appraiser assumes no responsibility for hidden defects or non-conformity with specific governmental requirements, such as fire, building and safety, earthquake, or occupancy codes, unless inspections by qualified independent professionals or governmental agencies were provided to the appraiser. Further, the appraiser is not a licensed engineer or architect and assumes no responsibility for structural deficiencies not apparent to the appraiser at the time of inspection.

City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 10
City Council 11 – 16 4/2/2024
Aerial Map Showing the Subject Property
Assessor’s Parcel Map Showing the Subject Property
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 11
City Council 11 – 17 4/2/2024
Legal Description
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 12
City Council 11 – 18 4/2/2024
Plat Map
City of Santa Ana Date of Value: June 9, 2023
±4,025-SF Portion of APN 410-071-44 13
City Council 11 – 19 4/2/2024

H E N N E S S E Y & H E N N E S S E Y L L C
A California Limited Liability Company
Real Estate Appraisers
17602 17th Street, Suite 102-246 • Tustin, California 92780-7915 (714) 730-0744 • e-mail: [email protected]
Sharon A. Hennessey, MAI, SR/WA, AI-GRS
Certified General Real Estate Appraiser
MAI Designated Member of the Appraisal Institute
Joseph A. Hennessey, SR/WA (1928-2016) AI-GRS Designated Member of the Appraisal Institute Senior Member, International Right of Way Association Senior Member, International Right of Way Association Qualifications of Sharon A. Hennessey, MAI, SR/WA, AI-GRS Experience 1984 to Hennessey & Hennessey LLC, Independent Fee Appraiser - Appraise vacant land, present commercial, industrial, residential, rights of way, and special purpose properties for governmental agencies, corporations, law firms, and private parties.

License Certified General Real Estate Appraiser, State of California License No. AG 003323 Expert Witness Qualified as an expert witness in the Orange County Superior Court Professional
Affiliations
MAI Designated Member of the Appraisal Institute, Certificate No. 11108 AI-GRS Designated Member of the Appraisal Institute
Senior Member of the International Right of Way Association, Registration Number 3975 President of Chapter 67 International Right of Way Association, 1990 International Director of Chapter 67, International Right of Way Association, 1991 Membership Chairman, International Right of Way Association, 1992 and 1993 Hospitality Chairman, Southern California Chapter Appraisal Institute, 1993 and 1994, 1995, 1996, and 1997
Co-Education Chairman, Southern California Chapter Appraisal Institute, 1998, 1999, 2000, 2001 Education Bachelor of Arts - University of California, Berkeley Currently meets the education requirements of the Bureau of Real Estate Appraisers, the Appraisal Institute, and the International Right of Way Association Partial List of Continuing Education:

Appraisal Institute
USPAP - 1986, 1993, 2000, 2004, 2006, 2008,
2012, 2010, 2014, 2016, 2018, 2020
Business Practice and Ethics - 2011, 2015
Federal and California Statutory and Regulatory
Law - 2015, 2017
Review Theory - General - 2014
Complex Litigation Case Studies - 2013
Litigation Appraising: Specialized Topics and
Applications - 2013
The Appraiser as an Expert Witness - 2000, 2013
Valuation of Detrimental Conditions - 2011
Appraisal Curriculum Overview - 2010
Hotel/Motel Valuation - 1997
Highest & Best Use and Market Analysis -
1996
Advanced Applications - 1996
The Appraisers Complete Review - 1996
Advanced Income Capitalization - 1993
Report Writing and Valuation Analysis -
1989
Case Studies in Real Estate Valuation -
1988
Capitalization Theory & Techniques,
Parts A and B - 1987
Real Estate Appraisal Principles - 1985
Basic Valuation Procedures - 1985
International Right of Way Association
403 Easement Valuation - 1990, 2013
104 Standards of Practice for the Right of Way
Professional - 2012
103 Ethics and the Right of Way Profession - 1992,
2004, 2008
206 Presentation Skills - 1992
203 Communications in Real Estate Acquisition -
1991
214 Skills of Expert Testimony - 1990
101 Principles of Real Estate Acquisition -
1989
401 Appraisal of Partial Acquisitions -
1988
901 Interpreting Engineering Drawings -
1986
902 Property Descriptions - 1986
801 Land Titles - 1986
City Council 11 – 20 4/2/2024
Sharon A. Hennessey Qualifications
page 2
Representative Clients - Partial Listing
Attorneys and Law Firms
Best Best & Krieger LLP
Bowie, Arneson, Kadi & Dixon
Dreyfuss, Ryan, Weifenbach
Durst & Landeros
Fullerton, Lemann, Schaefer &
Dominick
Jones & Mayer
Kindel & Anderson
Lillick, McHose & Charles
Lozano Smith
Meserve, Mumper & Hughes
Marjorie Mize Le Gaye, Esq.

Nichols, Stead, Boileau & Kostoff
Oliver, Vose, Sandifer, Murphy & Lee
Palmieri, Tyler, Wiener, Wilhelm &
Waldron
Parker & Covert
Redwine & Sherrill
Richard L. Riemer, Law Offices of
Rutan & Tucker
Sheppard, Muller, Ricter & Hampton
Wilson, Elser, Moskowitz, Edelman &
Dicker
Woodruff, Spradlin & Smart
Corporate Clients
Associated Right of Way
Services, Inc.

Brother International
California Property
Specialists Inc.

Continental Development Corp.

Cutler & Associates
DGA Consultants
Diocese of Orange
HDR Engineering
Hoag Foundation
Hughes Aircraft Company
Kaiser Foundation Health
Plan, Inc.

Metzger & Associates, Inc.

NBS/Lowry Engineers
Overland, Pacific & Cutler,
LLC
Overland Resources
Pacific Bell (SBC)
Pacific Relocation
Consultants
Paragon Partners
Poseidon Resources
Psomas
Robert Bein, William Frost &
Associates
Rockwell International
Sisters of the Sacred Heart
Southern California Edison
Tetra Tech, Inc.

Universal Field Services
Western Industrial Properties,
Inc.

Willdan Associates
Individual Clients
Leo Beus
Carl Brandstetter
Candace Campbell
Samuel B. Corliss, Jr.

Thomas W. Cosgrove
Harbor Pine Creek
Homeowners Assoc.

John Iloulian
Genji Kawamura
Kawamura Family Trust
William E. Kibbie
Paul Kiely
Sang Moon Kim
James Kindel Jr.

Dorothy E. Lamb
Andrea Lombard
Rita M. Loosemore
Kim Vu Nguyen
Steven H. Price
Constance C. Quarré
Jean L. Roane
E.O. Rodeffer
Larry L. Root
Dwight C. Schroeder
John P. Sheffield
Yoram S. Shily
Carl Stevens
Katherine E. Thompson
Tustin Village Community
Association
Charles E. Wheeler
Erv Yoder
Public Entities
County of Orange
City of Anaheim
City of Corona
City of Costa Mesa
City of Fullerton
City of Garden Grove
City of Glendale
City of Huntington
Beach
City of Laguna Niguel
City of Lake Forest
City of Mission Viejo
City of Ontario
City of Pasadena
City of Pico Rivera
City of Pomona
City of Riverside
City of Santa Ana
City of Torrance
City of Upland
Charter Oak Unified School
District
Chino Unified School District
Corona-Norco Unified
School District
Covina-Valley Unified
School District
Cucamonga School District
Eastern Municipal Water
District
Fullerton Joint Union High
School District
Magnolia School District
Orange Unified School
District
Pajaro Valley Unified School
District
Tustin Unified School District
Walnut Valley Unified
School District
Mesa Consolidated Water
District
Murrieta County Water
District
Trabuco Canyon Water
District
California High-Speed Rail
Authority
Caltrans
Eastern Transportation
Corridor
Orange County
Transportation Authority
Riverside Transit Agency
Riverside County Flood
Control and Water
Conservation District
Riverside County
Transportation
Commission
San Bernardino County
Transportation Authority
(formerly SANBAG)
City Council 11 – 21 4/2/2024
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ( Agreement ) is made and entered into this 2nd day of April, 2024 ( Effective Date ), by and between Guadalupe Castaneda ( Buyer ), 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 ( Seller or City ). As used herein, Buyer and Seller may be referred to collectively as the Parties, and each individually as a Party.

RECITALS
A. City is the fee simple owner of that certain real property consisting of approximately 4,025 square feet, located at APN No. 410-071-44, behind 3025 Ramona Dr., Santa Ana, California, legally described in Exhibit A attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the Property ).

B.
previously used as a Parks Facilities maintenance site, but is no longer in use and has remained vacant.

C.
with maintenance and security of the Property.

D. There are frequent calls from the adjacent property owner inquiring about site maintenance, clean-up, vacant status, and/or expressing support for activation of the land.

E. The Property has been declared Exempt Surplus Land within the meaning of the § 54220 et seq., as amended, and is not
F. In satisfying SLA requirements, City staff proceeded with direct negotiations to sell the Property to Buyer, the adjacent property owner.

G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement.

AGREEMENT
NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.

EXHIBIT 3
City Council 11 – 22 4/2/2024
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2. Purchase and Sale; Purchase Price.

2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement.

2.2 Purchase Price. The purchase price of the Property shall be Four Thousand Eight Hundred Dollars ($4,800.00).

3. Escrow.

3.1 Escrow Instructions. Within seven (7) days following the execution of this Escrow
4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660, Attn: Jody Kelly Escrow Holder Opening of Escrow
date on which a fully executed copy of this Agreement has been delivered to Escrow Holder.

Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder.

3.2 Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the Quitclaim Deed (as defined in Section 3.10 below), and complied with all of Seller s other obligations under this Agreement, then on or before the Closing Date (as defined Section 3.3 below) so as not to delay the Close of Escrow (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below.

3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow ( Closing Date ), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, Close of Escrow shall mean the date on-which the Quitclaim Deed conveying fee title to the Property to Buyer is recorded in the Orange C . 3.3.1 Conditions Precedent to Buyer Obligation to Close. Buyer s obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer s legal remedies or City Council 11 – 23 4/2/2024
-3-
remedies under this Agreement, terminate this Agreement by written notice to Seller.
(1) Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the Title Policy (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to Permitted Exceptions (as defined in Section 3.5 below). (2) Representations and Warranties. Each of Seller s
representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow.
(3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement.
(4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so.

3.3.2 Conditions Precedent to Seller Obligation to
Close. Seller s obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Representations and Warranties. Each of Buyer s
representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow.
(2) . Buyer is not in material default under
this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required.

3.4 Escrow Cancellation.

3.4.1 Charges.
(1) . If Escrow fails to close due to Seller
default, Seller shall pay all Escrow cancellation charges. Escrow cancellation charges means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies. (2) . If Escrow fails to close due to Buyer
default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy.

City Council 11 – 24 4/2/2024
-4-
(3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges.

3.5 Permitted Exceptions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Fidelity National Title, in its capacity as title insurer ( Title Company ), to deliver to Buyer and Seller a current preliminary title report ( Title Report ) together with legible copies of all underlying documents referenced therein (together with the Title Report, the Title Documents ). The term Permitted Exceptions as used in this Agreement shall mean all of the following: (a) the Quitclaim Deed; (b) the Affordable Housing Covenant; (c) non-delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) Disapproved Exceptions as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non-delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion ( Disapproved Exceptions ), Buyer shall deliver written notice ( Objection Notice ) of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a Notice of Approval , Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller s failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer s sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination.

3.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ( Title Policy ) insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) ( Buyer Title Costs ).

3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership.

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3.8 Taxes, Assessments and Prorations.

3.8.1 Taxes. Only to the extent the Seller pays any
property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County.

Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ( Assessment Parcel ) which as of the Close of Escrow remains unsegregated on the County Tax Assessor s Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer s name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller.

3.8.2 General. All pro rations provided for herein shall be on an actual day basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law.

3.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required , Buyer shall also pay for the appraisal cost of the Property (collectively, Closing Costs ). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller.

3.10 Quitclaim Deed. The transfer of ownership of the Property shall be documented through a Quitclaim Deed in the form attached hereto as Exhibit B and incorporated herein by reference, conveying the Property to Buyer ( Quitclaim Deed ).

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3.10.1 Affordable Housing Covenant in the Event of
Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code.

Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code.

3.11 Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below):

3.11.1 Quitclaim Deed. One (1) fully executed and
acknowledged copy of the Quitclaim Deed conveying the Property to Buyer.

Conformed copies of the recorded Quitclaim Deed shall be returned to Buyer and Seller as soon as possible.

3.11.2 Withholding Exemption Certificates. One
(1) completed and executed copy of the following: Non-foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-S, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable.

3.11.3 Disbursement of Closing Documents. As soon as
reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller s counsel and Buyer or Buyer s counsel.

3.12 Seller s Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller s cash proceeds through Escrow to Seller s account as directed in separate written instructions to be provided by Seller.

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3.13 Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the withholding agent and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law.

3.14 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller s affidavits or statements regarding mechanics liens and /or tenants or parties in possession.

3.15 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow.

4. Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction.

5. Inspections; AS-IS Condition of Property.

5.1 Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property.

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5.2 No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer.

5.3 - Buyer shall accept all conditions of the
Property, without any liability of the Seller whatsoever, AS-IS, WHERE-IS, SUBJECT

TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied.

6. Warranties.

6.1 Representations. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For contained herein, the
Seller.

6.1.1 Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller.

Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller.

6.1.2 Conflicting Agreements. Neither the execution or
delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default.

To the best of Seller s knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights City Council 11 – 29 4/2/2024
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or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement.

6.1.3 Proceedings. To the best of Seller s knowledge,
no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller s right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer s ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller s knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property.

6.1.4 Binding Agreement. This Agreement constitutes
a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.

6.1.5 Violations of Law. On the Effective Date and
Close of Escrow, neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order.

6.1.6 Hazardous Materials. Seller has not stored or
released, caused to be stored or released or approved the storage or release on the Property, of any hazardous materials (as defined below). To the best of Seller s knowledge, (a) no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any environmental law (as defined below); (c) there are no underground tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable environmental law; and (e) the Property is not on any Superfund list under any applicable environmental law. As used herein, environmental law shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment to any hazardous materials (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, hazardous materials shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a hazardous substance, hazardous material, hazardous waste, extremely hazardous waste, infectious waste, toxic waste, toxic pollutant or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum byproducts, natural gas, natural gas liquids, liquefied natural gas, synthetic gas City Council 11 – 30 4/2/2024
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usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources.

6.1.7 No Assumed Obligations. There are no
obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer.

6.1.8 Endangered Species. To the best of Seller s
knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer s ability to own, develop and/or market the Property or the cost thereof.

6.1.9 Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property.

6.1.10 Property Documents. To the best of Seller s
knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer s ability to own, develop and/or market the Property.

6.1.11 Other Agreements. Except as set forth in the
Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer s ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreements which would affect the Property or any portion thereof prior to the Close of Escrow, without Buyer s written consent.

6.1.12 Access. There is full and unobstructed direct
access to the Property from public streets, highways or roads that are adjacent to the Property.

6.1.13 Bankruptcy. No Bankruptcy Event (as
defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or recomposition of Seller or any member or manager of Seller or seeking City Council 11 – 31 4/2/2024
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appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets.

Bankruptcy Event means (a) the making by a person of a general assignment for the benefit of such person s creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue.

6.1.14 Material Change. Seller shall promptly notify
Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading.

6.2 . In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer s representations and warranties contained herein, the phrase t shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ( Buyer Cure Period ) to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller s reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller s rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow.

6.2.1 Authorization. Buyer has full power and
authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer.

6.2.2 Binding Agreement. This Agreement constitutes
a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be City Council 11 – 32 4/2/2024
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limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.

6.2.3 Compliance with Law. Buyer is required to carry
out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws.

6.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law.

6.4 Buyer and Seller Cooperation. Buyer shall submit plans for the development of the Property to Seller, and Seller, in its capacity as the City within which the project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions.

7. Destruction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same.

8. Indemnification.

8.1 Obligations. Seller shall indemnify Buyer and Buyer shall indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to indemnify any Indemnitee to the extent of the Indemnitee s wrongful intentional acts or negligence.

8.2 Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property, and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property, except to the extent caused by the Seller s wrongful intentional act or negligence.

8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees.

8.4 Independent of Insurance Obligations. Buyer s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or City Council 11 – 33 4/2/2024
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modifying Buyer s insurance or other obligations under this Agreement and is independent of the Buyer s insurance and other obligations under this Agreement. Buyer s compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer s indemnification obligations under this Agreement and are independent of the Buyer s indemnification and other obligations under this Agreement.

8.5 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations.

8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor s duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor s indemnity obligations under this Agreement.

8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee:

8.7.1 Prompt Notice. The Indemnitee shall promptly
notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.

8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor s insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee s separate counsel may attend all proceedings and meetings. The Indemnitor s counsel shall actively consult with the Indemnitee s separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim.

9. Miscellaneous.

9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United City Council 11 – 34 4/2/2024
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States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given espective counsel and that, if any communication is to be given principals as required to comply with the provisions of this Section.

If to Buyer: Guadalupe Casteneda
3025 Ramona Ave.

Santa Ana, CA 92701
If to Seller: City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92702
Attn: Clerk of the Council
with a copy to: City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Attn: Executive Director of Public Works

9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third-party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom.

9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement.

9.4 Calculation of Time Periods; Business Day; Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event City Council 11 – 35 4/2/2024
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after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Property is located. As used herein, the term Business Day means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement.

9.5 Entire Agreement; Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties.

9.6 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith.

9.7 Binding Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto.

9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein.

9.9 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County, and the Parties hereby agree to and do hereby submit to the jurisdiction of such court.

9.10 Attorneys Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party s major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party s major arguments or positions on major disputed issues. For the purposes of this Section, attorneys fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation.

City Council 11 – 36 4/2/2024
-16-

9.11 Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement.

9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms include, including, and similar terms will be construed as if followed by the phrase without being limited to. The term or has, except where otherwise indicated, the inclusive meaning represented by the phrase and/or. The words hereof, herein, hereby, hereunder, and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa.

9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party s consent or approval shall not be deemed to waive or render unnecessary the consenting Party s consent or approval to or of any subsequent similar acts by the other Party.

9.14 Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

9.15 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein.

9.16 Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party.

9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto.

City Council 11 – 37 4/2/2024
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SIGNATURE PAGE TO PURCHASE AND SALE AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

CITY OF SANTA ANA ATTEST
_________________________________ ________________________________ Tom Hatch Jennifer L. Hall Interim City Manager City Clerk

APPROVED AS TO FORM BUYER
Sonia R. Carvalho
City Attorney
________________________________ Guadalupe Castaneda _________________________________ Jonathan T. Martinez Assistant City Attorney
RECOMMENDED FOR APPROVAL __________________________________ Nabil Saba Executive Director
Public Works Agency
Exhibits:

Exhibit A Legal Description of the Property
Exhibit B Form of Quitclaim Deed
City Council 11 – 38 4/2/2024

EXHIBIT A
City Council 11 – 39 4/2/2024
City Council 11 – 40 4/2/2024
City Council 11 – 41 4/2/2024

EXHIBIT B
City Council 11 – 42 4/2/2024

Page 1 of 1 ends

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free Recording Requested by

THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES APPROVED AS TO
FORM BY ATTY. APPROVED BYDIRCTOR DESCRIPTION WRITTEN BY

DISCRIPTION
CHECKED O.K. A.P. NUMBER
410-071-44 R/W MAP NUMBER

PROJECT NUMBER
Behind 3025 Ramona Dr., Santa Ana, CA 92707 DEED NUMBER 8884

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal Corporation duly organized under the Constitution and laws of the State of California ( Transferor ) does remise, release, and forever quitclaim to:

Guadalupe Casteneda ( Transferee ) all right, title, and interest Transferor has in the real property located in City of Santa Ana, County of Orange, State of California, described as follows:

ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: By:

City of Santa Ana, Thomas Hatch
Interim City Manager
Dated: By:

City of Santa Ana, Jennifer L. Hall
City Clerk
City Council 11 – 43 4/2/2024
City Council 11 – 44 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Euclid Street Corridor Traffic Signal Synchronization

AGENDA TITLE
Cooperative Agreement with the City of La Habra and Partnering Cities for the Euclid Street Corridor Traffic Signal Synchronization Project (Project 23-6721) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a cooperative agreement with the Cities of La Habra, Fullerton, Anaheim, Garden Grove, and Fountain Valley, identifying each city’s roles and responsibilities, including Santa Ana’s match requirement of $113,827, for the implementation of the Euclid Street Corridor Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and ending December 31, 2028, with an option for extension upon written agreement by all parties (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On November 16, 2021, the City Council authorized staff to submit joint applications with participating agencies to the Orange County Transportation Authority (OCTA) to request funding consideration for the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the Euclid Street Corridor Traffic Signal Synchronization Project (Euclid Street Project) would provide for interjurisdictional traffic signal synchronization and improvements along the corridor traversing the cities of Santa Ana, La Habra, Fullerton, Anaheim, Garden Grove, Fountain Valley, and Caltrans (Exhibit 1).

On March 9, 2022, the OCTA Board approved the Measure M2 funding request for the Euclid Street Project. While the City of La Habra will act as the lead agency for the project, a cooperative agreement is necessary to identify the roles and responsibilities of each participating agency to maintain inter-jurisdictional synchronization during the three-year grant period (Exhibit 2). Upon project completion, responsibility for ongoing signal maintenance will revert to the respective local agencies.

City Council 12 – 1 4/2/2024
Euclid Street Corridor Traffic Signal Synchronization
April 2, 2024

Page 2 ends

The Measure M2 grant provides $4,961,013. The match commitments from the participating cities will provide a combined total of $1,240,253. The City of Santa Ana’s share of the matching funds is $113,827, of which $107,827 is cash and $6,000 is inkind staff support.

FISCAL IMPACT
Funds for the City’s share of the project cost are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220; Project No. 23-6721) for expenditure in the fiscal years identified in the following estimated spending plan:

Fiscal Year Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account
Description
Amount
2023-24
(April- June
2024
03217662-
66220
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements
Other Than
Building
$4,450
2024-25
(July 2024-
June 2025)
03217662-
66220
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements
Other Than
Building
$104,217
2025-26
(July 2025-
June 2026)
03217662-
66220
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements
Other Than
Building
$5,160
Total: $113,827
The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.

EXHIBIT(S)

1. Project Location Map

2. Cooperative Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 12 – 2 4/2/2024
NORTH
Exhibit 1
City Council
Agenda Date
April 2, 2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 23-6721:

Euclid Street
Traffic Signal Synchronization
Euclid Street Corridor
Traffic Signal
Synchronization
Improvements
City Council 12 – 3 4/2/2024
Cooperative Agreement No. 2024-1

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1 COOPERATIVE AGREEMENT No. 2024-1
2 BY AND BETWEEN
3 THE CITY OF LA HABRA
4 AND
5 THE CITIES OF FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, AND 6 FOUNTAIN VALLEY
7 FOR THE
8 EUCLID STREET CORRIDOR PROJECT
9 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
10 THIS COOPERATIVE AGREEMENT, hereinafter referred to as “AGREEMENT” is effective 11 the day of , 2024, by and between the City of La Habra, hereinafter 12 referred to as “LA HABRA” and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain 13 Valley, hereinafter referred to as “FULLERTON”, “ANAHEIM”, “GARDEN GROVE”, “SANTA ANA” 14 and “FOUNTAIN VALLEY” respectively, jointly referred to as “AGENCIES” or severally as “AGENCY”. 15 Collectively, LA HABRA and AGENCIES may be referred to as the “PARTIES” or individually as a 16 “PARTY”.
17 RECITALS
18 WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (I-405) Southbound 19 Ramps, geographically located in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana, and 20 Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH), and 21 WHEREAS, Euclid Street between La Habra Boulevard and Country Hills Drive is maintained by 22 LA HABRA; and
23 WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Ramps is maintained 24 by FULLERTON; and
25 WHEREAS, Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by 26 ANAHEIM; and
27 WHEREAS, Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained EXHIBIT 2
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1 by GARDEN GROVE; and
2 WHEREAS, Euclid Street between Emperor Quang Trung/Oakfield Avenue and McFadden Avenue 3 is maintained by SANTA ANA; and
4 WHEREAS, Euclid Street between Edinger Avenue and I-405 SB Ramps is maintained by 5 FOUNTAIN VALLEY; and
6 WHEREAS, the intersections of Euclid Street at Imperial Highway, Euclid Street at the SR-91 7 Interchange (EB and WB ramps), Euclid Street at I-5 (NB and SB ramps) Interchange, Euclid Street at SR8 22 Interchange (EB and WB ramps), and Euclid Street at I-405 (NB and SB ramps) Interchange are 9 maintained by the State of California, hereinafter referred to as “STATE” or “CALTRANS”, and a separate 10 Cooperative Agreement is entered into between LA HABRA and CALTRANS for the STATE-maintained 11 traffic signals; and
12 WHEREAS, the Measure M2 Regional Traffic Signal Synchronization Program, hereinafter referred 13 to as “RTSSP”, targets over 2,000 signalized intersections across Orange County to maintain traffic signal 14 synchronization, improve traffic flow, and reduce congestion across jurisdictions; and 15 WHEREAS, LA HABRA and AGENCIES are committed to implementing multi-jurisdictional 16 signal synchronization to enhance countywide traffic flow, and reducing congestion; and 17 WHEREAS, the Orange County Transportation Authority, hereinafter referred to as “OCTA”, 18 approved funding for the Euclid Street Corridor RTSSP Project, hereinafter referred to as “PROJECT”; and 19 WHEREAS, the PARTIES will provide matching funds as required by the Orange County 20 Comprehensive Transportation Funding Programs; and
21 WHEREAS, LA HABRA agrees to act as the lead agency for design, construction, and management 22 of the PROJECT; and
23 WHEREAS, the PROJECT will include sixty-seven (67) signalized intersections along the Euclid 24 Street Corridor between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA 25 HABRA, FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; and 26 WHEREAS, the PROJECT will include sixty-nine (69) offset signalized intersections, defined as 27 signalized intersections situated within 2700 feet along the side streets of the PROJECT corridor signals City Council 12 – 5 4/2/2024
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1 between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA HABRA, 2 FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; the inclusion 3 of the offset signals will minimize the impacts of the signal synchronization of the PROJECT corridor signals 4 on said offset signals; and
5 WHEREAS, the PROJECT Scope of Work includes the procurement, construction, installation and 6 modification of existing traffic signal controllers and cabinets, foundation, countdown-type signal heads, 7 video detection systems, traffic surveillance cameras, emergency vehicle preemption, power supplies, pull 8 boxes, signal interconnect communication upgrades including but not limited to fiber optic cables, signal 9 performance measures, and central system upgrades at the respective PARTIES’ Traffic Management 10 Centers; and
11 WHEREAS, the PROJECT Scope of Work also includes development, implementation, and 12 fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and 13 maintenance of the coordinated signal system’s operation, including signal timing coordination and system 14 communication/detection upkeep, for a period of no less than two years; and 15 WHEREAS, LA HABRA agrees to work with AGENCIES to coordinate the inclusion of other 16 traffic control elements that must be installed at the same time as the construction of the PROJECT that are 17 NOT a part of the PROJECT Scope of Work and that are the responsibility of each respective PARTY during 18 the course of the PROJECT; and
19 WHEREAS, the PARTIES acknowledge that other RTSSP corridor projects are currently underway 20 or completed which intersect the PROJECT, and that these other RTSSP corridor timing operations must be 21 incorporated into the design and completion of this PROJECT; and 22 WHEREAS, this AGREEMENT defines the roles, specific terms, conditions and responsibilities 23 between the PARTIES.
24 AGREEMENT
25 NOW THEREFORE, it is understood and agreed by the PARTIES as follows:
26 ARTICLE 1. COMPLETE AGREEMENT
27 This AGREEMENT constitutes the complete and exclusive statement of the terms and conditions of City Council 12 – 6 4/2/2024
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1 the agreement between the PARTIES concerning the PROJECT and supersedes all prior representations, 2 understandings, and communications between the PARTIES. The above-referenced Recitals are true and 3 correct and are incorporated by reference herein.
4 ARTICLE 2. RESPONSIBILITIES OF LA HABRA
5 LA HABRA agrees to the following responsibilities:
6 1. LA HABRA shall serve as lead agency for design, construction, and construction management of 7 the PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the 8 PROJECT development to ensure compliance with all standards and requirements set forth in this 9 AGREEMENT.
10 2. LA HABRA shall be responsible for completing the PROJECT in accordance with the funding 11 guidelines and any and all other federal, state, and OCTA requirements related to these funding programs, 12 as well as any and all applicable statutes and regulations including, but not limited to, bidding laws, prevailing 13 wage and other labor laws, provisions of the California Building Standards Code, and the California 14 Environmental Quality Act (CEQA) and the Guidelines thereunder. 15 3. LA HABRA shall be responsible for providing the required documentation and funding 16 commitments for project implementation on the CALTRANS portions of the PROJECT within LA 17 HABRA’S geographical jurisdictions.
18 4. LA HABRA shall provide AGENCIES a copy of all design documents for AGENCIES’ approval 19 of work to be performed in AGENCIES’ jurisdictions prior to LA HABRA advertising for bids. 20 5. LA HABRA shall enter into a separate Cooperative Agreement with the STATE for the 21 implementation of the STATE components of the PROJECT. 22 6. LA HABRA shall be responsible for obtaining all required permits for project implementation 23 from the STATE for the STATE components of the PROJECT. 24 7. LA HABRA shall provide staff, consultants, and contractors deemed necessary and appropriate to 25 manage, administer, coordinate, and oversee engineering design and construction management of the 26 PROJECT. LA HABRA shall require all such consultants, including architects and civil engineers, and 27 contractors to obtain and maintain comprehensive general liability, automobile liability, workers’ City Council 12 – 7 4/2/2024
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1 compensation and employers’ liability, and professional liability insurance policies meeting the applicable 2 requirements of the Consultant Contract and Bidders Specifications for the PROJECT and to indemnify, 3 defend, and hold each of the AGENCIES and their respective elected officials, officers, employees, agents 4 and volunteers (“Indemnitees”) free and harmless, including payment of attorneys’ and experts’ fees, with 5 respect to any and all claims and liabilities of any kind arising out of each such consultant’s and/or 6 contractor’s acts or omissions in the performance of work on the PROJECT, to the maximum extent 7 permitted by law. LA HABRA shall require all such contractors to name the Indemnitees as additional 8 insureds on all commercial general and automobile liability policies required by LA HABRA for the 9 PROJECT.
10 8. The budget for the PROJECT is Six Million, Two Hundred One Thousand, Two Hundred and 11 Sixty-Six Dollars ($6,201,266). Four Million, Nine Hundred Sixty-One Thousand, and Thirteen Dollars 12 ($4,961,013) is funded by OCTA through RTSSP (Project P). Minimum PROJECT matching funds of 13 twenty percent (20%) amount to One Million, Two Hundred Forty Thousand, Two Hundred and Fifty-Three 14 Dollars ($1,240,253). LA HABRA’s portion of the PROJECT cost is approximately Six Hundred Seventeen 15 Thousand Three Hundred and Seven Dollars ($617,307) with a corresponding 20% local agency match up 16 to One Hundred Twenty-Three Thousand, Four Hundred and Sixty-One Dollars ($123,461) including in17 kind services. Documentation of LA HABRA’S in-kind services, such as administrative services, design 18 and construction-related services including equipment procurement and inspection, and City-furnished 19 PROJECT equipment, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) 20 Guidelines.
21 9. LA HABRA shall maintain coordination with AGENCIES for construction of the PROJECT. 22 10. LA HABRA specifically shall coordinate construction activity for the PROJECT within 23 AGENCIES and provide a schedule of the construction activity for the PROJECT within AGENCIES that is 24 acceptable to AGENCIES. In the event of planned street closures, LA HABRA shall provide prior notice to, 25 and receive approval from, the responsible AGENCY, prior to the execution of the street closure. 26 11. LA HABRA shall require AGENCIES and its officers and employees to be named as additional 27 insured on the construction contractors’ liability insurance policies.

City Council 12 – 8 4/2/2024
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1 12. At no cost to AGENCIES, LA HABRA shall be responsible for coordinating the construction 2 and/or installation of traffic control elements and other items within LA HABRA’s jurisdiction that are NOT 3 a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 4 13. LA HABRA shall collect all data necessary for the analysis and optimization of traffic signal 5 timing along the PROJECT corridor.
6 14. LA HABRA shall develop new timing plans optimized for traffic signal synchronization. 7 15. LA HABRA shall provide on-site support to implement the timing plans as necessary. Timing 8 plans are subject to AGENCIES’ review and approval.
9 16. LA HABRA shall provide the new timing plans developed for the PROJECT and all relevant data 10 required for the signal timing analysis to AGENCIES upon request. 11 17.At the conclusion of the Primary Implementation Phase “PI PHASE” of the PROJECT, LA 12 HABRA shall submit all necessary documentation required by OCTA for the reimbursement of all PROJECT 13 eligible expenses of the PI Phase
14 18.Upon OCTA’s review and approval of the PROJECT eligible expenses of the PI Phase, LA 15 HABRA shall invoice the AGENCIES for their respective 20% local matches. 16 19.At the conclusion of the Ongoing Operation and Maintenance Phase “O&M PHASE” of the 17 PROJECT, LA HABRA shall submit all necessary documentation required by OCTA for the reimbursement 18 of all PROJECT eligible expenses of the O&M Phase.
19 20.Upon OCTA’s review and approval of the PROJECT eligible expenses of the O&M Phase, LA 20 HABRA shall invoice the AGENCIES for their respective 20% local matches. 21 ARTICLE 3. RESPONSIBILITIES OF AGENCIES
22 AGENCIES agree to the following responsibilities:
23 1. AGENCIES shall be responsible for providing the required documentation and funding 24 commitments for project implementation on the STATE portions of the PROJECT within AGENCIES’ 25 respective geographical jurisdictions.
26 2. AGENCIES shall remit to LA HABRA within thirty (30) calendar days of receipt of acceptable 27 invoices for the PI PHASE and the O&M PHASE, the PROJECT matching funds as required by the OCTA City Council 12 – 9 4/2/2024
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1 Comprehensive Transportation Funding Programs. Individual AGENCIES’ PROJECT cost allocations and 2 the corresponding local agency matches per OCTA’s approved grant are summarized below. 3 4
5 a. FULLERTON’s portion of the PROJECT cost is approximately One Million, Five Hundred 6 Sixty-One Thousand, Three Hundred and Fifty-Six Dollars ($1,561,356) with a corresponding 7 20% local agency match of up to Three Hundred Twelve Thousand, Two Hundred and Seventy8 One Dollars ($ 312,271) including in-kind services. 9 b. ANAHEIM’s portion of the PROJECT cost is approximately One Million, One Hundred Fifty10 One Thousand, One Hundred and Forty-Eight Dollars ($1,151,148) with a corresponding 20% 11 local agency match of up to Two Hundred Thirty Thousand, Two Hundred and Thirty Dollars 12 ($230,230) including in-kind services.
13 c. GARDEN GROVE’s portion of the PROJECT cost is approximately One Million, Four 14 Hundred Thirty-One Thousand, Eight Hundred and Eighty-Three Dollars ($1,431,883) with a 15 corresponding 20% local agency match of up to Two Hundred Eighty-Six Thousand, Three 16 Hundred and Seventy-Seven Dollars ($286,377) including in-kind services. 17 d. SANTA ANA’s portion of the PROJECT cost is approximately Five Hundred Sixty-Nine 18 Thousand, One Hundred and Thirty-Four Dollars (569,134) with a corresponding 20% local

PI O&M PI O&M
LaHabra $584,307.42 $33,000.00 $116,861.48 $6,600.00
Fullerton $1,496,555.76 $64,800.00 $299,311.15 $12,960.00 Anaheim $1,070,747.72 $80,400.00 $214,149.54 $16,080.00 Garden Grove $1,369,482.92 $62,400.00 $273,896.58 $12,480.00 Santa Ana $543,334.10 $25,800.00 $108,666.82 $5,160.00
Fountain Valley $814,038.09 $56,400.00 $162,807.62 $11,280.00 Subtotal: $5,878,466.00 $322,800.00 $1,175,693.20 $64,560.00 Total: $6,201,266.00 $1,240,253.20
Euclid Street Corridor Project Cost Summary
Agency
Project Cost Local Agency In-Kind Match (@ 20%)
City Council 12 – 10 4/2/2024
Cooperative Agreement No. 2024-1

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1 agency match of up to One Hundred Thirteen Thousand, Eight Hundred and Twenty-Seven 2 Dollars ($113,827) including in-kind services.
3 e. FOUNTAIN VALLEY’s portion of the PROJECT cost is approximately Eight Hundred 4 Seventy Thousand, Four Hundred and Thirty-Eight Dollars ($870,438) with a corresponding 5 20% local agency match of up to One Hundred Seventy-Four Thousand and Eighty-Seven 6 Dollars ($174,087) including in-kind services.
7 Documentation of AGENCIES’ in-kind services, such as administrative services, design and construction8 related services including equipment procurement and inspection, shall meet OCTA CTFP Guidelines. 9 3. AGENCIES agree to implement the PROJECT based on the approved match funds above and 10 agree that final amount and corresponding match may vary and will be based on the 20% of actual cost of 11 implementing all timing, improvements, and maintenance, as identified in the PROJECT. 12 4. AGENCIES agree that unused PROJECT funds from one PARTY may be used by another 13 PARTY upon mutual written agreement of PARTIES. Receiving PARTY shall be responsible for the local 14 match of the additional PROJECT funds used.
15 5. At no cost to LA HABRA, AGENCIES shall provide LA HABRA with current intersection, local 16 field master and/or central system timing plans and related data no later than thirty (30) calendar days 17 subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days 18 of the event.
19 6. At no cost to LA HABRA, AGENCIES shall provide to LA HABRA appropriate documents to 20 utilize in the design and construction of infrastructure required to implement the desired coordinated and 21 synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of 22 this AGREEMENT, and updates as they occur within seven (7) calendar days of the update. 23 7. AGENCIES shall waive all costs and fees related to any and all required encroachment and 24 inspection permits required by AGENCY for the construction phase of the PROJECT. 25 8. At no cost to LA HABRA, FULLERTON’s Construction Inspectors shall oversee all construction 26 work done in FULLERTON’s jurisdiction.
27 9. At no cost to LA HABRA, ANAHEIM’s Construction Inspectors shall oversee all construction City Council 12 – 11 4/2/2024
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1 work done in ANAHEIM’s jurisdiction.
2 10.At no cost to LA HABRA, SANTA ANA’s Construction Inspectors shall oversee all construction 3 work done in SANTA ANA’s jurisdiction.
4 11.At no cost to LA HABRA, GARDEN GROVE’s Construction Inspectors shall oversee all 5 construction work done in GARDEN GROVE’s jurisdiction. 6 12. At no cost to LA HABRA, FOUNTAIN VALLEY’s Construction Inspectors shall oversee all 7 construction work done in FOUNTAIN VALLEY’s jurisdiction. 8 13. At no cost to LA HABRA, AGENCY shall be responsible for coordinating the construction and/or 9 installation of traffic control elements and other items within AGENCIES’ jurisdiction that are NOT a part 10 of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 11 14. In the event of an unanticipated cost overrun, LA HABRA shall meet with AGENCIES to 12 resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the 13 AGREEMENT will terminate.
14 ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES
15 The PARTIES agree to the following mutual responsibilities:
16 1. The PARTIES are responsible for the review, implementation and maintenance of the timing for 17 the corridor offset intersections as defined in the RECITALS. 18 2. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing 19 the services and responsibilities required under this AGREEMENT to the extent practicable with respect to 20 the performance of the PROJECT.
21 3. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any 22 unforeseen issues and disputes arising out of the performance of this AGREEMENT. 23 4. The PARTIES shall be responsible for obtaining the required additional STATE permits for 24 additional STATE requested improvements that are NOT a part of the PROJECT Scope of Work on the 25 STATE portions of PROJECT within their respective geographic jurisdictions. 26 5. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. 27 All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from City Council 12 – 12 4/2/2024
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1 time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by 2 the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver 3 thereof.
4 6. Applicable Laws and Regulations: This AGREEMENT shall be governed by all applicable federal, 5 state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, 6 each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful 7 orders, rules and regulations promulgated there under. 8 7. Indemnitees: To the maximum extent permitted by law, each PARTY agrees to defend, indemnify 9 and hold harmless the other PARTIES, their officers, agents, elected officials and employees from all 10 liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether 11 resulting from court action or otherwise, to the extent arising out of the actual or alleged negligent acts or 12 omissions of, or violation of any statute or regulation by the defending PARTY, or any of its officers, agents, 13 or employees, in the performance of this AGREEMENT. When negligent acts or omissions of one PARTY 14 are directed by another PARTY, the PARTY directing the negligent acts or omissions shall owe this defense 15 and indemnity obligation to the PARTY following the directions. The provisions of this paragraph shall 16 survive the termination of this AGREEMENT. Notwithstanding, this AGREEMENT shall not be interpreted 17 to create any joint and several liability or any joint powers or joint venture between the PARTIES. 18 LA HABRA shall defend, indemnify and hold the AGENCIES free and harmless from any claim or liability 19 arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 20 8. Force Majeure: Each PARTY shall be excused from performing its obligations under this 21 AGREEMENT during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence of fire; flood; acts of God; 23 commandeering of material, products, plants or facilities by federal, state or local government; national fuel 24 shortage; labor strike or materials shortage provided satisfactory evidence of such cause is presented to the 25 other PARTIES, and provided further such nonperformance is unforeseeable, beyond the reasonable control 26 and not due to the fault or negligence of the PARTY not performing. 27 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to City Council 12 – 13 4/2/2024
Cooperative Agreement No. 2024-1

Page 11 of 18 ends

1 have been received three (3) business days after deposit in the U.S. Mail. The representatives of the 2 PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, 3 demands and communications shall be given are as follows:
4 5 City of La Habra – LEAD AGENCY City of Fullerton
6 110 E. La Habra Boulevard 303 W. Commonwealth Avenue
7 La Habra, CA 90631 Fullerton, CA 92832
8 Attn: Michael Plotnik, P.E., T.E. Attn: Jeffrey Chinchilla, P.E. 9 Traffic Manager Associate Engineer - Traffic
10 (562) 383-4162 (714) 738-6899
11 [email protected] [email protected] 12 13 City of Anaheim City of Garden Grove
14 201 S. Anaheim Boulevard, Suite 502 11222 Acacia Parkway 15 Anaheim, CA 92805 Garden Grove, CA 92840
16 Attn: John Thai, E.E., T.E. Attn: Dai Vu, T.E.
17 Principal Traffic Engineer City Traffic Engineer
18 (714) 765-5294 (714) 741-5189
19 [email protected] [email protected]
20 21 City of Santa Ana City of Fountain Valley
22 20 Civic Center Plaza 10200 Slater Ave
23 Santa Ana, CA 92701 Fountain Valley, CA 92708
24 Attn: Cesar Rodriguez, P.E., T.E. Attn: Temo Galvez, P.E. 25 Senior Civil Engineer Deputy Public Works Director / City Engineer 26 (714) 647-5626 (714) 593-4517
27 [email protected] [email protected] City Council 12 – 14 4/2/2024
Cooperative Agreement No. 2024-1

Page 12 of 18 ends

1 10. This AGREEMENT shall continue in full force and effect through December 31, 2028, unless 2 terminated earlier by LA HABRA or AGENCIES. This AGREEMENT may be terminated by any AGENCY 3 providing the PARTIES with not less than thirty (30) day prior written notice. The terminating AGENCY is 4 fully responsible for paying their respective pro rata share of all costs and expenses incurred prior to delivery 5 of its notice of termination and all costs and damages relating to its termination. In the event of termination 6 without cause, and subject to any other reimbursement obligations of the PARTIES, if any, created by this 7 AGREEMENT or law, the PARTIES shall each be entitled to a pro rata refund of its share of costs expended 8 as to funds remaining, if any, after payment has been made for labor and/or materials actually provided in 9 the course of work performed pursuant to this AGREEMENT. 10 11. The terms of this AGREEMENT may only be extended upon written agreement by the 11 PARTIES.
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /
City Council 12 – 15 4/2/2024
Cooperative Agreement No. 2024-1

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1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF LA HABRA
5 6 By:
7 Daren Nigsarian
8 Mayor
9 10
11 ATTEST:
12 13 By:
14 Rhonda J. Barone, CMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Richard D. Jones
22 City Attorney
23 /
24 /
25 /
26 /
27 /
City Council 12 – 16 4/2/2024
Cooperative Agreement No. 2024-1

Page 14 of 18 ends

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF FULLERTON
5 6 By:
7 Eric Levitt
8 City Manager
9 10
11 ATTEST:
12 13 By:
14 Lucinda Williams, MMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Betsy Martyn
22 City Attorney
23 /
24 /
25 /
26 /
27 /
City Council 12 – 17 4/2/2024
Cooperative Agreement No. 2024-1

Page 15 of 18 ends

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF ANAHEIM
5 6 By:
7 8 Mayor of the City of Anaheim
9 10
11 ATTEST:
12 13 By:
14 15 City Clerk of the City of Anaheim
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 22 City Attorney of the City of Anaheim
23 /
24 /
25 /
26 /
27 /
City Council 12 – 18 4/2/2024
Cooperative Agreement No. 2024-1

Page 16 of 18 ends

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF GARDEN GROVE
5 6 By:
7 Lisa L. Kim
8 City Manager
9 10
11 ATTEST:
12 13 By:
14 Teresa Pomeroy, CMC
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Omar Sandoval
22 City Attorney
23 /
24 /
25 /
26 /
27 /
City Council 12 – 19 4/2/2024
Cooperative Agreement No. 2024-1

Page 17 of 18 ends

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF SANTA ANA
5 6 By:
7 Tom Hatch
8 Interim City Manager
9 10 ATTEST:
11 12 By:
13 Jennifer L. Hall
14 City Clerk
15 16 APPROVED AS TO FORM:
17 18 By:
19 Jonathan T. Martinez
20 Assistant City Attorney
21 22 RECOMMENDED FOR APPROVAL
23 24 By:
25 Nabil Saba, PE
26 Executive Director
27 Public Works Agency
City Council 12 – 20 4/2/2024
Cooperative Agreement No. 2024-1

Page 18 of 18 ends

1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written.
3 4 CITY OF FOUNTAIN VALLEY
5 6 By:
7 Glenn Grandis
8 Mayor
9 10
11 ATTEST:
12 13 By:
14 Rick Miller
15 City Clerk
16 17
18 APPROVED AS TO FORM:
19 20 By:
21 Colin Burns
22 City Attorney
23 /
24 /
25 /
26 /
27 /
City Council 12 – 21 4/2/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: Sewer System Inspection Services

AGENDA TITLE
Agreement with Houston & Harris, PCS, Inc. to Provide Closed Circuit Television Inspection Services of the Sanitary Sewer System (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Houston & Harris, PCS, Inc. to provide closed circuit television inspection services of the sanitary sewer system for a three-year term beginning April 2, 2024 and expiring April 1, 2027, with a provision for a two-year extension, in a total amount not to exceed $4,000,000 (Agreement No. A2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The sanitary sewer system includes approximately 400 miles of sanitary sewer main, 8,500 manholes, approximately 48,500 sewer laterals, and two sewer lift stations. All sewage is conveyed to the Orange County Sanitation District for treatment. In accordance with the City’s Sewer System Management Plan and the State’s Waste Discharge Requirements, the City must inspect assets and maintain the sanitary sewer system in good repair. Closed-circuit television (CCTV) technology is used to assess the condition of sewer system infrastructure and identify system deficiencies.

On January 12, 2024, the Public Works Agency released Request for Proposals (RFP) No. 24-003 (Exhibit 1) for qualified firms to provide closed circuit television (CCTV) inspection services of the City’s sanitary sewer system. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on February 12, 2024. System records indicate a total of 35 vendors were notified and downloaded the bidding documents. Eight bids were received and reviewed by a panel of City staff.

Staff recommends awarding an agreement to Houston & Harris, PCS, Inc., based in Santa Ana, for CCTV inspection services (Exhibit 2). Houston & Harris’s work City Council 13 – 1 4/2/2024
Sewer System Inspection Services
April 2, 2024

Page 2 ends

experience and proposal demonstrate that the firm has the necessary technical capacity and expertise to complete the required services outlined in the RFP. The firm’s rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City.

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.

Fiscal
Year
Accounting
Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)
2023-24
(April – June)
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$200,000
2024-25
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$800,000
2025-26
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$800,000
2026-27
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$800,000
Optional Two-year Extension
2027-28
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$800,000
2028-29 (July
-March)
05617640-
62300
Sanitary Sewer
Service
Sanitary Sewer Service,
Contract Services -
Professional
$600,000
TOTAL $4,000,000

EXHIBIT(S)

1. RFP 24-003

2. Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager
City Council 13 – 2 4/2/2024
City Council 13 – 3 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 2 ends

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Close Circuit Television (CCTV) Inspection of Sanitary Sewers
Responses to this Request for Proposals (RFP) will be accepted until Monday, February 12, 2024 at 4:00 P.M.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following:

“SEALED PROPOSAL FOR

CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS RFP NO. 24-003

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: JAIME ARIAS
Public Works Agency Water Resources Division
220 S. Daisy Avenue, M-85
Santa Ana, CA 92703
For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, updates and addenda will be posted on the City’s RFP Bid page at www.santaana.org/bids-rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

LETTER OF INTENT: Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information:

1. Use formal company letterhead.

2. Indication of company interest in the RFP.

3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP.

4. Provision of correct, complete contact information.

City Council 13 – 4 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 3 ends

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid nonresponsive.

City Council 13 – 5 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 4 ends

TABLE OF CONTENTS
I. GENERAL .......................................................................................................................................................................... 5 A. NATURE OF WORK: .......................................................................................................................................... 5 B. SUBMITTAL OF PROPOSAL: ........................................................................................................................... 5 C. PROPOSAL EVALUATION AND RATING: ..................................................................................................... 5 D. PROJECT FUNDING: ......................................................................................................................................... 5 E. TERM OF CONTRACT AGREEMENT: ........................................................................................................... 6 II. PROPOSAL TERMS AND CONDITIONS ..................................................................................................................... 6 A. EXAMINATION .................................................................................................................................................... 6 B. EXECUTION OF AGREEMENT........................................................................................................................ 6 C. PROPOSAL VALIDITY ....................................................................................................................................... 6 D. PRE-CONTRACTUAL EXPENSES .................................................................................................................. 6 E. JOINT OFFERS/SUBCONSULTANTS ............................................................................................................ 6 F. SAFETY PROGRAM REQUIREMENTS ......................................................................................................... 6 III. INSTRUCTIONS TO PROPOSERS ............................................................................................................................... 7 A. CITY RESPONSIBILITIES ................................................................................................................................. 7 B. PROPOSER RESPONSIBILITIES.................................................................................................................... 8 C. REQUEST FOR INFORMATION OR CLARIFICATION ................................................................................ 8 D. ADDENDA ............................................................................................................................................................ 9 E. LICENSES & PERMITS ..................................................................................................................................... 9 F. INSURANCE ........................................................................................................................................................ 9 G. PAYMENT INFORMATION PACKET .............................................................................................................. 9 H. PRE-PROPOSAL MEETING ............................................................................................................................. 9 I. CITY RIGHT TO REJECT .................................................................................................................................. 9 J. PROTESTS ........................................................................................................................................................ 10 IV. SUBMITTAL REQUIREMENTS .................................................................................................................................... 10 A. GENERAL ........................................................................................................................................................... 10

1. DEADLINE ........................................................................................................................................... 10 B. PROPOSAL CONTENTS ................................................................................................................................. 10

1. STATEMENT OF QUALIFICATIONS .............................................................................................. 10

2. SCOPE OF SERVICES ...................................................................................................................... 11

3. FEE PROPOSAL ................................................................................................................................. 11

4. CERTIFICATIONS .............................................................................................................................. 12 V. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION)................................................................. 12 A. EVALUATION AND RATING ........................................................................................................................... 12 B. SELECTION ....................................................................................................................................................... 12 VI. AWARD OF AGREEMENT............................................................................................................................................ 12 A. REQUEST FOR COUNCIL ACTION .............................................................................................................. 12 B. EXECUTION OF AGREEMENT...................................................................................................................... 12 VII. IMPLEMENTATION ........................................................................................................................................................ 12 A. KICK-OFF MEETING ........................................................................................................................................ 12 B. NOTICE TO PROCEED ................................................................................................................................... 12 VIII. PUBLIC RECORDS ........................................................................................................................................................ 13

APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: FEE PROPOSAL
ATTACHMENT 3: REFERENCES
ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE)
ATTACHMENT 5: CERTIFICATION
ATTACHMENT 6: EQUIPMENT SIGNS
City Council 13 – 6 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 5 ends

I. GENERAL
The City of Santa Ana (“Santa Ana” or “City”) is the county seat and second most populous city in Orange County, California, with over 310,000 residents. It is the 62nd most-populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the City is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States.

The City of Santa Ana Public Works Agency – Water Resources Division oversees, operates, and maintains the sewer conveyance system.

A. NATURE OF WORK:

The City of Santa Ana is seeking qualified Consultants to provide closed circuit television inspection of sanitary sewer mains and related support services for the City’s sewer conveyance system. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

B. SUBMITTAL OF PROPOSAL:

The Fee Proposal shall be submitted separately and electronically to the PlanetBids system prior to this proposal due date and time.

C. PROPOSAL EVALUATION AND RATING:

The criteria for evaluating the proposals submitted will take the following items into consideration:
• Understanding of Need 30%
• Firm/Team Experience 30%
• Relevant Project Experience 15%
• References 10%
• Fee Proposal 15%
The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above.

A final score will be calculated for each submitted proposal and used to rank the proposers.

D. PROJECT FUNDING:

Project is funded with Water Enterprise funds. Special conditions may apply. Refer to ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

City Council 13 – 7 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 6 ends

E. TERM OF CONTRACT AGREEMENT:

This term is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP.

II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:

A. EXAMINATION
Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated.

B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement similar to that as shown in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate.

C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal.

D. PRE-CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre-contractual expenses incurred by Proposers in the preparation of its proposal.

E. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.

F. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:

City Council 13 – 8 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 7 ends

The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

The following is required in addition to the requirements of the Standard Specification:
a. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job.
b. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices.
d. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.

Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.

III. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

City Council 13 – 9 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 8 ends

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

California Air Resources Board (“CARB”): The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the “Deadline for Requests for Information” date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated below in SUB-SECTION III.D “ADDENDA”.

City Council 13 – 10 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 9 ends

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system:
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

E. LICENSES & PERMITS
The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana.

Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award.

G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City’s website: www.santa-ana.org/bidsrfps H. PRE-PROPOSAL MEETING
A pre-proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in SUB-SECTION III.D “ADDENDA”.

I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors.

City Council 13 – 11 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 10 ends

J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non-responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

IV. SUBMITTAL REQUIREMENTS
A. GENERAL

1. DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:

1. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLESIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”. The Statement of Qualifications includes the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
b. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP.

Insurance requirements subject to change.
c. Firm and Team Experience
Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm.

City Council 13 – 12 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

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d. Understanding Scope of Services
Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of.

The Respondent should describe the ongoing support, management, and resources that will be provided to the City throughout the development agreement contract period, including any unique value-added services that it wishes to highlight.
e. Relevant Project Experience
Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. References
Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years.
g. Fee
Fees may or may not be included as part of evaluation criteria. Refer to SECTION I “GENERAL” above and SUB-SECTION IV.B.3 “FEE PROPOSAL” below. (this item not part of page limit)

2. SCOPE OF SERVICES
Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided based upon the requested Scope of Work, detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

3. FEE PROPOSAL
Proposer’s fee proposal shall be submitted concurrently with the technical proposal, but in a separate submission to the PlanetBids system. This shall include the proposed Total Fee, firm’s Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work.

Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in SECTION I “GENERAL” above.

City Council 13 – 13 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

Page 12 ends

4. CERTIFICATIONS
The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package:
• Non-Collusion Affidavit
• Non-Lobbying Certification
• Non-Discrimination Certification
• Prevailing Wage Compliance and Monitoring Statement
• Fleet Compliance Certification
V. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION)
A. EVALUATION AND RATING
Refer to SECTION I “GENERAL” above.

B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the agreement to the Proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions.

VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City.

B. EXECUTION OF AGREEMENT
A standard agreement is included as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. “Proposer” will hereinafter be referred to as “Consultant” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

VII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process.

B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment City Council 13 – 14 4/2/2024
City of Santa Ana RFP 24-003
Closed Circuit Television (CCTV) Inspection of Sanitary Sewers

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Information Packet have been received and approved.

VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

City Council 13 – 15 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

Page 14 ends

Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 13 – 16 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

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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 Council 13 – 17 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

Page 16 ends

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 Council 13 – 18 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

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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 Council 13 – 19 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

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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 Council 13 – 20 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

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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 Council 13 – 21 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

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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) 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).
j) 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 Council 13 – 22 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

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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 Council 13 – 23 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

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APPENDIX
ATTACHMENT 2: FEE PROPOSAL
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposal Item Price - Pricing shall be based on an (hourly cost, time and materials basis - see narrative) for services described in ATTACHMENT 1: SCOPE OF WORK. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing.

Closed Circuit Television CCTV Inspection of Sanitary Sewer Mains

FEE SCHEDULE
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule:

Item # Bid Item Unit Quantity Unit Price Amount

1. Sewer Main Hydro Washing
(Cleaning) 6”-15”
LF 300,000 $________ $________

2. Sewer Main Hydro Washing
(Cleaning) 18” – 42”
LF 50,000 $________ $________

3. Sewer Main CCTV Inspection
6” – 15”
LF 300,000 $________ $________

4. Sewer Main CCTV Inspection
18” – 42”
LF 50,000 $________ $________
City Council 13 – 24 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

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3. Sewer Main Data Processing LF 350,000 $________ $________

4. Sewer Manhole CCTV Inspection EA 1,000 $________ $________

5. Sewer Manhole Data Processing EA 1,000 $________ $________

6. Sewer Lateral CCTV Inspection EA 500 $________ $________

Item # Bid Item Unit Quantity Unit Price Amount

7. Sewer Lateral CCTV Data
Processing
EA 500 $________ $________

8. As-needed Hydro-wash
(Cleaning Truck)
HR 200 $________ $________

9. As-needed CCTV (Video)
Inspection Truck
HR 200 $________ $________

10. Webflex Seat with 1 TB of
storage
EA 1 $________ $________
TOTAL $________
Note: This contract is subject to prevailing wages.

COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO.

BUSINESS ADDRESS STREET CITY/STATE ZIP CODE
X

SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE

EMAIL ADDRESS PHONE NUMBER

CSLB NUMBER DIR REGISTRATION NUMBER
City Council 13 – 25 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

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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
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

Reference
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

City Council 13 – 26 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

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Reference
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City Council 13 – 27 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

Page 26 ends

Appendix
ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE)
City Council 13 – 28 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

Page 27 ends

CONSULTANT AGREEMENT (SAMPLE)

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this ______ day of _____________, 2021 by and between ______________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in electrical repair and rehabilitation services.

B. Consultant represents that Consultant is able and willing to provide such services to the City.

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 contracting firm in the field.

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

1. SCOPE OF SERVICES
a. 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 by reference.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX during the term of this Agreement, including any extension periods exercised under Section 3.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

City Council 13 – 29 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

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3. TERM
This Agreement shall commence on the date first written above for a number (3) year-term with the option for the City to grant up to a one (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, 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 – 30 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

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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 Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section.
b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease.

City Council 13 – 31 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

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(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than
$1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) 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 Consultant 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 Consultant’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). (ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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. (v) 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. 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. (vi) Acceptability of Insurers. Insurance is to be placed with insurers authorized City Council 13 – 32 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

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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.
(vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant 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 Consultant’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. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) 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, Consultants, 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 or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, City Council 13 – 33 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

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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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant 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 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 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant City Council 13 – 34 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

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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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant:

Consultant’s Firm Name
Address
City State, Zip Code
Attn: _______________
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
City Council 13 – 35 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

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

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 Consultants retained by City.

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

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

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

18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other City Council 13 – 36 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

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Santa Ana City CouncilApril 2, 2024

Santa Ana City Council
April 2, 2024